Justification for buying a car. How to purchase cars or maintenance: Step-by-step instructions Technical task for the supply of a car

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How to purchase a car by 44-FZ, what restrictions to consider what to write in technical lady, how to justify the purchase, read in the article. Also consider purchasing spare parts.

Purchase of a car for 44-FZ in 2019

As in all procedures, during the purchase of cars in 44-ФЗ, there are limitations: specify the brand and model of the machine in the description of the procurement object. This is permitted only with the phrase "or equivalent". Please note that the following goods must be purchased by electronic auction according to the list from the order of the Russian government of 21.03.2016 No. 471-p:

  • tools for motor vehicles, trailers and semi-trailers - OKPD2 code 29;
  • tools Transport and equipment, OTPD2 30 (except CODES 30.1, 30.3, 30.92.2).

As for the rationale for the procurement, to make it in accordance with the Decree of the Government of the Russian Federation of 05.06.2015 No. 555. You can specify a state or regional program, and if the purchase falls under non-prosecable costs, such a wording can be included: "Functions and powers".

Restrictions

When purchasing a car by 44-FZ, consider the rationing requirements. These are the limit performance indicators and prices of purchased goods. For cars, they are indicated in the Decree of the Government of the Russian Federation of 02.09.2015 No. 927. The power of the passenger car should be no more than 200 horsepower. The maximum cost of the vehicle depends on the category of the customer:

  • head or head of the federal state body - 2.5 million rubles;
  • head of the Federal State Authority (in the Federal Agency), the Deputy Federal State Emergency Department (in the Federal Service or in the Federal Agency) - 2 million rubles;
  • the head (or his deputy) of the structural division of the Federal State Authority - 1.5 million rubles.

National regime

Purchases of cars of 44-FZ fall under the actions of the prohibition within the framework of the national regime. The rules are established in the Decree of the Government of the Russian Federation of July 14, 2014 No. 656. The prohibition extends to the purchase of cars of foreign origin, as well as on:

  • bulldozers on tracked tractors;
  • tractors;
  • self-propelled graders;
  • excavators;
  • vehicles with a spark ignition engine, with a working capacity of cylinders no more than 1500;
  • vehicles with spark ignition engine, with a working capacity of cylinders more than 1500;
  • transport with a piston internal combustion engine with compression ignition (diesel engine or halfdide);
  • buses;
  • trolley buses;
  • trucks.

The essence of the restrictions are that when purchasing a car or lease services, with the subsequent purchase of a vehicle, the Customer is obliged to reject applications with products from foreign countries, with the exception of the EAEU countries. Confirm the country of origin can be a certificate issued by the authorized body of the EAEU member state.

the laval rule during the purchase of vehicles is to give preference to Russian goods and comply with the rules of rationing. In the documentation, establish a ban on the admission of foreign goods of mechanical engineering, and in terms of the schedule, show that apply the national mode. In technical launch, do not specify the brand of the car, otherwise limit the competition. See how to act step by step when you buy vehicles.

An example of the correct TK on the car

When drawing up a description of the procurement object, take into account the requirements of Art. 33 of the law 44-FZ. In particular, enable images or product photos or product photos, use the indicators that are provided for by publicly available technologies. There is no approved form of case. Often, customers include a table in the documentation, which indicates the name of the car, characteristics, quantity and price.

Consider a real example of describing the procurement object. The customer purchased the Datsun on-Do Access MT car or equivalent, the NMCC was 452 thousand rubles, the notice number in EIS 0134300065319000028. The following characteristics were indicated in the technical task:

  • color - gray;
  • engine volume, l. - not less than 1.6 l., Power, hp - not less than 87 hp;
  • gearbox - mechanical transmission;
  • ABS with a brake effort distribution system;
  • BAS (electronic braking amplifier);
  • EBD (electronic brake force distribution system);
  • driver airbag;
  • three-point inertial seat belts;
  • heated front seats;
  • electric power steering;
  • steering adjustment in height;
  • folding rear seats;
  • front and rear mudguards;
  • year of release - no earlier than 2019.

Purchase of spare parts for cars by 44-ФЗ

When purchasing automotive spare parts for 44-ФЗ, customers indicate the brand of the machine, the state number and the body number. This is permissible because the technical documentation for the machine is established a ban on the use of other spare parts. Accordingly, the participants offer only suitable spare parts.

Consider how to make a description of the procurement object, on the example. The customer purchased spare parts for several cars - the notice number in EIS 0138100005319000022. In the case of the case, he pointed out the model and listed which parts are necessary, without specific characteristics. For example, to UAZ Patriot State. No. B921W Body 316300F1048635 required:

  • drive belt generator 1 pc.;
  • set of pivot with bearings 1 pc.;
  • front gear shank gland 1 pc.

Nested files

  • Technical task for the supply of passenger car.docx
  • Technical task for the supply of special cars.docx
  • Technical task for the supply of a school bus.docx
Appendix No. 1 to notice

about the request for quotations

Technical task

for the supply of a passenger car Toyota Camry
1. Name of the subject of procurement,

initial (maximum) contract price
1.1 The subject of purchase is the delivery of the Toyota Camry car (hereinafter referred to as the product), the year of release 2012, for the needs of the federal state unitary enterprise "Central Research Institute of Design Materials" Prometheus ".
2. Form, timeline and procedure for payment
2.1. Payment under the contract is carried out on non-cash payments in rubles.

2.2. The customer pays for payment for the actually delivered goods after signing by commodity invoice within 30 (thirty) working days based on the account provider.
^ 3. place, conditions and delivery times
3.1. The supplier delivers the delivery of goods in accordance with clause 4.1 of the technical task directly to the customer at the address: St. Petersburg, Sleoper Str., D.49.

3.2. The delivery time is no later than 3 (three) working days from the date of conclusion of the contract by the Parties, registration with its customer in the prescribed manner.
^ 4. General technical requirements for the goods supplied.
4.1. Technical characteristics of the supplied goods


No. p / p

Required specifications for the product

1

^ Year of release

2012

2

Body

Body type

sedan

Body color

black metallic

3

^ Overall body sizes

Length (mm)

4825

Width (mm)

1825

Height (mm)

1480

Wheel base (mm)

2775

4

Salon

black leather

5

Number of seats

5

6

^ Internal sizes and volumes

Salon length (mm)

2080

Salon width (mm)

1525

Salon Height (mm)

1210

Fuel tank capacity (L)

70

7

Weight

Curb Mass (kg)

1615

Maximum mass (kg)

2100

8

Engine

Working volume in the cube. cm

3456

Type of fuel

gasoline with octane number 95 and above

Number and location of cylinders

6, V-shaped

Maximum power (kW at rpm)

183

Maximum power (hp at rpm)

249

Maximum torque (NM at rpm)

346

9

Transmission

A type

automatic

Number of gears

6

10

^ Brake system

Front brakes

disk, ventilated

Rear brakes

disk, non-ventilable

11

^ Steering

Minimum reversal radius - by wheels (m)

5,5

12

^ Dynamic characteristics

Maximum speed (km / h)

210

Access time 0-100 km / h (s)

7,1

^ 4.2. Requirements for a car


No. p / p

Required equipment of goods

Exterior

1

Front fog lights

availability

2

Rear fog lights

availability

3

Player washer

availability

4

Xenon Lights Lights

availability

5

Automatic headlight angle correction

availability

6

Chrome outdoor door handles

availability

7

17-inch alloy wheels, tires 215/55 R17

availability

8

Full-size spare wheel on the alloy disk

availability

Interior

9

Multifunctional steering wheel with leather trim

availability

10

Electrocessor steering (EPS)

availability

11

Electric adjustment of the steering column over the angle of inclination and departure

availability

12

Seat with leather upholstery

availability

13

Driver's seat with electrically regulating in 8 directions

availability

14

Front passenger seat with electrically regulating in 4 directions

availability

15

Driver's seat with an electrically regulating lumbar zone

availability

16

Seat of the second row of electrically regulating in 2 directions, divided in the proportion 40:20:40

availability

17

Folding rear seats 60:40

availability

18

Heated seats of the first row

availability

19

Heated seats of the second row

availability

20

3 zone climates control

availability

21

Cruise control

availability

22

Rain sensor

availability

23

Light sensor

availability

24

Power windows of all doors

availability

25

Finishing the cabin inserts under the "tree"

availability

26

Painted in the color of the body Side rear-view mirrors with heating, electrically regulating, electric folding and repeaters of rotation pointers

availability

27

Rear window Sunscreen with electric drive

availability

28

Side sunshine curtains for passengers of the 2nd row of seats

availability

29

Salon rearview mirror with automatic darkening

availability

30

Noise-insulating windscreen with ultraviolet rays with green tint

availability

31

Backlight dashboard "Optitron"

availability

32

Front and rear parking sensors

availability

33

Rear View Camera with Dynamic Marking

availability

34

7 "Color LCD Display EMV on the Central Console

availability

35

Toyota AVN navigation system in Russian with hard disk

availability

36

JBL Premium Audio System with CD / MP3 / WMA / DVD 10 Speakers

availability

37

Communication system Bluetooth

availability

38

USB / AUX connector (with the ability to connect iPod)

availability

39

Intelligent Car Access System and Engine Start Pressing the Smart Entry & Push Start button

availability

40

The controls of the audio system, heated rear seats, climate control, adjustable rear seats for passengers in 2 rows of seats

availability

Safety

41

Anti-lock brake system (ABS)

availability

42

Electronic brake force distribution system (EBD)

availability

43

Amplifier of emergency braking (BAS)

availability

44

Anti-slip system (TRC)

availability

45

System Stability (VSC)

availability

46

Frontal airbags

availability

47

Side airbags for the first row of seats

availability

48

Safety curtains

availability

49

Active head restraints

availability

50

Immobilizer

availability

51

Central locking with remote control and alarm

availability

Optional equipment

52

Security system

satellite

Platinum X +.

^ 5. Quality requirements
5.1. The goods should be new (without a run), not restored, without traces of mechanical damage and corrosion, do not have defects associated with the quality of its manufacture, or with the quality of the materials used in its manufacture.

5.2. The quality and completeness of the goods should comply with the technical requirements established by the current legislation of the Russian Federation, to the quality of cars of this type, the technical conditions of the manufacturer and confirm the certificate of "vehicle type approval".

5.3. The provider during the transfer of goods should provide the customer with a copy of the vehicle certificate and evidence of the official dealer
^ 6. Requirements for warranty service
6.1. The warranty period for the goods is 3 (three) years or 100,000 km of run, depending on what will come before, subject to the operation of goods in compliance with all the rules of operation and management specified in the operation manual for goods, as well as the timely passage of technical Maintenance according to the rules of the manufacturer, which must be confirmed by the corresponding marks in the service book.

6.2. Warranty obligations on goods are provided by the manufacturer and turn out to be an official dealer in Russia.

6.3. The warranty applies to the components of the goods, is considered to be equal to the warranty period for the goods and expire simultaneously with the warranty period for the goods.

6.4. The supplier is obliged to ensure the warranty service of the supplied goods during the warranty period.

Developer:

Head of the shopping center Tovstousov A.A.

The main purpose of the technical task is to clearly determine and fix the requirements for the procurement object. The law establishes that the name of the procurement is indicated in accordance with (Part 4 of Art. 23). The catalog is approved by the Government Decree of 08.02.2017 No. 145.

In the presence of a description of the purchased products in the CTRU, the Customer must:

  • describe the procurement object as it is provided for by the CTR;
  • include in the description of a written justification (if the description differs from the one that is provided in the CTR).

The requirements of the Customer's requirements are based on the rules for describing the procurement facility (Article 33). We highlight some mandatory conditions:

  • indication of the equivalent;
  • validity of regulations or other regulatory documents;
  • availability of specifications, plans, drawings, sketches, images (if necessary);
  • the new state of the goods (if there is no other need from the customer);
  • requirements regarding guarantee.

What to specify in the technical task

  • general information;
  • information about the facility purchased;
  • requirements for suppliers;
  • conditions ;
  • applications (allowed at the discretion of the customer).

Stages of compiling a technical assignment

1. Create a list of terms, definitions and abbreviations that will be used in the document.

2. Provide full information about the customer:

  • name (official name of the organization with an indication of the legal form);
  • address (organization or divisions that is responsible for the state procurement);
  • working day mode in accordance with the internal labor schedule.

3. Provide information about the procurement information:

  • or not, and if yes - the rights and obligations of each customer (PP of November 28, 2013 No. 1088);
  • centralized procurement, information about the authorized body (part 1 of article 26 of Law No. 44-FZ);
  • attracting experts, the order of their work.

4. List information about the state procurement:

  • the method of determining the supplier (part 1 of article 24);
  • justification of the selected method of determining the supplier (part 5 of article 24).

5. Enumerate the requirements for participants: Business reputation, the presence of production facilities.

6. Specify the original conditions: reference, production, experimental information that affect the contract. For example, to serve the purchased technique only in the morning hours.

7. Create information about the peculiarities of the production process or the customer's architectural object, which will affect the contract execution process. For example, when drawing up a technical task, it may be necessary to indicate that when delivery is required to rise on the third floor manually due to the lack of elevator.

8. Specify the exact location of the object, and if necessary, its full description. This will be required, for example, to design engineering communications or to accurately calculate the cost of repair.

9. Certain the desired results (which problem wants to solve the customer).

10. Specify the source of financing.

11. Install for the participants a requirement to comply with a certain regulatory framework, including a contract related to the subject, the terms of execution, timing, warranty obligations.

12. Determine the conditions of the state procurement (part 1 of article 19).

13. Specify the name and justification of the state procurement object.

14. Maximum exactly as possible and in detail the object of state procurement (Art. 33).

15. Determine the environmental features of the procured object.

16. Specify the volume of purchased goods, frequency and delivery time.

17. Determine the warranty period and the amount of guarantees provided.

18. Install packaging requirements, labeling, which conditional and special designations should be on it.

19. To oblige to provoke a confirmation of a new product or the need for a product of a different state.

20. Determine the costs of operation.

21. Decide whether installation and commissioning are needed.

22. Install the delivery and acceptance order.

23. Indicate the need to test the training of persons who will use the purchased product.

Samples of technical support for goods, works, services in 2020

Remember that the universal sample of the technical task on the FZ-44 is not designed, each procurement requires an individual approach. Just consider all the needs and features of the customer. As a landmark, you can use this example of the technical task of 44-FZ (sample).

A sample of technical design on the execution of works on the FZ-44 you can find in the material about or system.

Requirements for the quality of the car supplied
When performing a technical task, you must consider the following

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»Approve"
virio of the head of Kamchatstat
__________________ G.F. Courtyard

TECHNICAL TASK

to purchase a Toyota Land Cruiser Prado 4WD car (or equivalent) for the needs of the territorial body of the Federal State Statistics Service for the Kamchatka Territory
The supplied car must comply with the following requirements:

  1. The car should be new, the year of release not earlier than 2010
  2. Location of a driver's seat - on the left;
  3. Full warranty and service in Petreopavlovsk-Kamchatsky, warranty period - at least 3 years or 100,000 km of run;
  4. Engine petrol, amount of at least 3950 cubic meters. cm.;
  5. Gearbox automatic, 5-speed;
  6. Number of doors - 5, number of places - 7;
  7. Drive - permanent four-wheel drive;
  8. Forced blocking of the central and rear inter-track differentials;
  9. Central differential of increased friction;
  10. Adaptive suspension;
  11. Intelligent car access system and start the engine by pressing the button.

Requirements for the safety of the vehicle supplied (security and management systems):

  1. Body stabilization system, off-road drive system (CROWL CONTROL), anti-lock brake system (ABS), emergency braking system, anti-slip system, electronic braking force distribution system, cruise control system, course stability system, lifting and lifting system system descent on the slope;
  2. The presence of front and side airbags for the driver and passenger, the knee airbag for the driver, security curtains;
  3. The presence of the front and rear parking sensors;
  4. The presence of survey cameras around the perimeter - at least 4;
  5. Alarm with a volume sensor, immobilizer.

Requirements for the functional characteristics of the supplied car:

  1. Full electrobacts, including power windows and mirrors, seats and steering column adjustment (flight and tilt), electric heating of the front wiper and rear-view mirrors, electric heating seats;
  2. Salon rear view mirror with electrochromic coating;
  3. Memory of the position of the driver's seat, mirrors and steering column;
  4. The presence of an audio video system with the ability to read CD, DVD disks, reproduction of Audio-CD, MP3, WMA, DVD-Video, FM radio formats, the Russian frequency range, the number of speakers is at least 14, multifunctional color touchscreen display;
  5. Communication system Bluetooth;
  6. Leather seat and doors;
  7. Decoration of the cabin and steering wheel with inserts "under the tree";
  8. Separate 3-zone climate control;
  9. The third series of seats with electric folding;
  10. The presence of a wiper and rear window washer, purifiers and front headlight washers;
  11. Folded side mirrors with heated and electric drive;
  12. The presence of side footsteps, mudguards, additional stop signal, fog headlights;
  13. Alloy wheels;
  14. Full-size spare wheel under the bottom;
  15. Body color - dark gray "Metallic".
  16. Rubber floor mats with sides in the cabin and trunk;
  17. Windproof lining on the glasses of side doors;
  18. Hood deflector.

Additional equipment:
Additional set of winter wheels on alloy discs (4 pieces).
Requirements for the quality of the car supplied:
The quality of the car must comply with the current state standards, technical requirements, passport data, biomedical, sanitary and environmental standards established in the Russian Federation.
When performing a technical task, you must consider the following:

  1. All costs for purchasing, delivery, customs clearance,
  2. The car must be imported to Russia under the full fee,
  3. Availability of documents confirming the certification of the car.

Place and delivery time of the car:
The delivery of the car is carried out at the location of the Customer at the address: 683017, Kamchatka Territory, Petropavlovsk-Kamchatsky, ul. Kronotskaya, d. 14. Delivery time - within 7 calendar days from the date of the conclusion of a state contract for the purchase of a passenger car.
Deputy Head A.V. Boyarsky

About purchasing car

No, specifying a specific car model, including with a reservation about the equivalent, is undesirable, as it entails the narrowing of the circle of potential procurement participants and the restriction of competition.

With antitrust practices for similar cases you can find in justification.

The rationale for this position is given below in the materials of the system of lawyer and the "GOSCAZ Systems".

Purchase of a car indicating a trademark

"Problem:

Is the right customer in the technical task of the auction documentation for the supply of a car indicate its trademark (mark) with the words "or equivalent"? *

According to paragraph 1 of Part 1 of Art. 33 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services for state and municipal needs" (hereinafter - Law No. 44-FZ) Customer in the description of the procurement facility documentation Must be guided, including the following rule:

the description of the procurement object should be objective. In the description of the procurement object, functional, technical and qualitative characteristics, operational characteristics of the procurement object (if necessary) are indicated. The description of the procurement object should not include the requirements or directions regarding trademarks, signs of service, branded names, patents, useful models, industrial designs, the name of the origin of the goods or the name of the manufacturer, as well as the requirements for goods, information, work, services, provided Such requirements entail the restriction of the number of participants in procurement, except in cases, if there is no other method, providing a more accurate and clear description of the characteristics of the procurement object.

Procurement documentation may contain an indication of trademarks in case of work, the provision of services is supposed to use the goods whose supplies are not subject to contract. In this prerequisite, the inclusion in the description of the procurement facility of the words "or equivalent", except in cases of incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, as well as cases of purchases of spare parts and consumables To machines and equipment used by the Customer, in accordance with the technical documentation on the specified machines and equipment.

According to Part 2 of Art. 33 of Law No. 44-FZ Procurement Documentation in accordance with the requirements specified in Part 1 of Art. 33Zakon No. 44-FZ, should contain indicators to determine the compliance of the purchased goods, work, services established by the customer. This indicates the maximum and (or) minimum values \u200b\u200bof such indicators, as well as values \u200b\u200bof indicators that cannot be changed.

Thus, it is prohibited when describing the procurement object, specify trademarks, except if:

  • there is no other way that provides a more accurate and clear description of the characteristics of the procurement object;
  • when performing work, the provision of services is supposed to use the goods whose supplies are not subject to contract;
  • we are talking about the purchase of goods that will interact with the goods used by the Customer;
  • if spare parts and consumables are purchased for machines and equipment used by the Customer, in accordance with the technical documentation on the specified machines and equipment.

In this case, the purchase of a car of a certain brand, for example, "Renault Duster" (with the words "or equivalent") is not a case when there is no other method that provides a more accurate and clear description of the characteristics of the procurement object and does not apply to other cases of exceptions, When it is possible to specify a trademark. Purchase of a particular car of a specific manufacturer is not objective and reasonable, since the customer can use any car similar "class" and the indication of the car's trademark will be a requirement limiting the number of procurement participants.

When purchasing a car, the customer should set the maximum and (or) minimum values \u200b\u200bof the procurement object indicators, as well as values \u200b\u200bof indicators that cannot be changed. The purchase object should be described in such a way that cars and other brands (another manufacturer) can come under the description.

In our opinion, the requirements for the trademark (brand) of the car (with the words "or equivalent") can be appealed in the antimonopoly authority due to the fact that only a certain product of a certain manufacturer can actually be proposed, especially if Application »Equivalence parameters actually can also be offered to supply only a car of a certain brand.

So, for example, in the decision of the Dagestan fault of Russia of September 8, 2014 No. 478A-2014: "In violation of paragraph 1 of Part 1 of Art. 33 of Law No. 44-ФЗ Customer Included in the auction documentation Indication on the trademark, namely: "Supply of the Toyota Camry car (domestic assembly) or equivalent."

The commission also found that under the parameters of the Toyota Camry car, indicated in the auction documentation, other car brands are not suitable. The most similar to the parameters with "Toyota Camry" cars "Nissan Teana" and "Honda Accord" are also not suitable for the requirements of the customer according to the parameters of the "trunk volume" and "fuel consumption", respectively.

The customer is not represented by the arguments that indicate the possibility of supplying the goods equivalent to the Toyota Camry brand, due to the applicant's argument on the establishment of the requirements for the goods to the product, which entail the restriction of the number of procurement participants should be recognized as reasonable.

Thus, by setting the requirements for the product, which entails the restriction of the number of procurement participants and pointing out the trademark of the goods supplied in the auction documentation, the customer violated the requirements of paragraph 1 of Part 1 of Art. 34Zakone No. 44-FZ ".

In the decision of Ryazan Ufas Russia of August 4, 2014 in case No. 265/2014-З / 2, it is also noted: "The Commission on the results of the analysis of the documentation" Technical Operation "containing a description of the procurement object (when conducting an electronic auction for the supply of a car of a car" Toyota Camry "or equivalent) It has been established that the range of product characteristics specified by the Customer, correspond only to one car with the Toyota Camry trademark. In the complaint, the applicant provides information on the technical characteristics of the vehicle cars of the same class, namely: Mazda 6, Nissan Teana, Honda Accord that are not suitable for certain parameters under the requirements established by the customer. The customer's representative did not provide evidence of the availability of another car with respect to the parameters established in the technical task of the auction documentation.

Thus, the customer in the electronic auction documentation includes the requirements indicating a trademark, a service sign, the company name, which entails the restriction of the number of procurement participants, namely: the Toyota Camry brand car, which is a violation of paragraph 1 of Part 1 of Art. 33 of Law No. 44-FZ ".

Thus, according to the results of consideration by the complaint with the antimonopoly authority, in our opinion, there is a risk of recognizing the Customer who violated paragraph 1 of Part 1 of Art. 33 of Law No. 44-FZ, including if the applicant proves that only a certain car is suitable for the customer's requirements (only this car can be offered to delivery) and the customer will not be able to prove the opposite.

We note that in addition to the risk of cancellation of such purchases (on the prescription of the antimonopoly authority), there is a risk of attracting the Customer to administrative responsibility of claim 4.1. Art. 7.30 Code of Administrative Code.

Recall that in accordance with the indicated Code of Administrative Code of the Russian Federation, the inclusion in the description of the procurement object of the requirements and guidelines for trademarks, maintenance signs, branded names, patents, useful models, industrial designs, the name of the origin of the product or the name of the manufacturer, the requirements for goods, information , work, services, provided that such requirements entail a limit on the number of procurement participants, with the exception of cases provided for by the legislation of the Russian Federation on the contract system in the field of procurement, or the inclusion of one lot, the object of purchase of goods, works, services, technologically and functionally Not related to each other, entails the imposition of an administrative fine on officials in the amount of 1% of the initial (maximum) contract price, but not less than 10 thousand rubles. and no more than 50 thousand rubles.

In this regard, we recommend customers to keep in mind the specified risks and make a decision to describe the procurement facility, guided by Art. 33 of the Law No. 44-FZ (without specifying the trademark (brand) of the car, including, with the words "or equivalent") *.

Changes in a collective agreement: how to derive from Art. 44 TK RF, the procedure for making changes to ...

Anniversity attachment to the contract is a document that clarifies or in more detail discloses the content of contractual conditions. ...

When it comes to public procures and unreasonable spending on various benefits, first of all, poor-quality road repairs are remembered, the construction of huge mansions-locks for state institutions and the acquisition of luxury cars to deliver officials to work and back. Procurement legislation changes, becomes tougher for both sides of this process and similar unreasonable spending of civil servants on public fun pop up more and less. But this is if you look at the process from the midst. And if from the customer and supplier?

Those who are directly related to these procurement and guards in this boiler of hell between changes, fines and "Wishlists" of the leadership. It is becoming more difficult to work and more difficult. Each innovation is even complicating all processes. So with the purchase of cars. The last summer changes in the law on the contract system only added issues to the process itself.

Procurement object

When drawing up a technical assignment for the purchase of a vehicle, it is impossible to indicate a trademark and the brand of the desired car. Of course, it would be very convenient to register in the purchase "to delivery you need a black car Toyota Camry 2019 release in full configuration." Previously, some customers also indicated - the trading name of the car with the asscription "or the equivalent".

In some weeks, such a wording in drawing up a technical task is contrary to the legislation. Therefore, it is necessary to specify the technical characteristics of the desired to supply vehicles as much as possible: the type of drive and body, the number of doors and seating places, overall dimensions, the number of gears, body color, and so on. You can also not forget about additional options: airbags, ABS, Availability of audio / video systems and air conditioning, a set of salon rugs, jack, etc.

Logly to take these characteristics from the websites of official dealers or manufacturers of those cars that you want to purchase. Reliable - to write the official request to the dealer / manufacturer and on the basis of the answer to compile a technical task.

We must not forget about the rationing - the limited ceiling of the price of the purchased goods, works, services. When purchasing cars, it is necessary to be guided by the norms of the Government Decree No. 927 of September 2, 2015. Depending on the level of the manager, the maximum value of the car will be installed. But, for example, common to all is the requirement of the maximum number of horsepower in a passenger car - no more than two hundred.

Auction documentation for the purchase of a car

The acquisition of cars is included in the mandatory auction list - the order of the Government of the Russian Federation No. 471-r dated March 21, 2016. Therefore, the question of choosing a method of purchase is not worth it.

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When preparing documentation, it is necessary to register the requirements for restricting the admission of foreign goods on two points:

  • Law on the contract system;
  • Decree of the Government of the Russian Federation No. 656 of July 14, 2014.

When considering received applications for participation, the Customer considers:

  • in the first part of the application, in addition to the consent to the supply of goods, a country of origin and specific indicators of the supplied products should be indicated. No words "more / less" and their variations in the participant's application should not be contained;
  • in the second part of the application - the standard documents of the procurement participant (charter, INN, etc.), as well as in some cases, the Certificate of St-1 and / or the examination of the Chamber of Commerce and Industry or a certified copy of the investment contract. If the purchase falls under the requirements established in the Government Decree No. 656 and the Order of the CCI of the Russian Federation No. 64 of August 25, 2014.

From July 1, 2019, the requirements for the need to use a typical contract for the purchase of cars were entered into force - the order of the Ministry of Industry and Commission of Russia No. 1998 of March 23, 2019. Provided that the car purchased by you falls under codes - 30.1, 30.3, 29.10, 26.51, 17.12, 31.01, 27.40, 28.25.

Supply of a car for 44-ФЗ

The final stage of work within any procurement is the delivery and reception of goods. It is maintained in strict accordance with the technical documentation and terms of the contract. It does not surprise anyone today.

An obligatory part of this stage when purchasing cars will be an examination of the delivered goods. By the forces of the Customer or with attracting additional resources - these are already nuances.

In addition to the standard set of documents (acts of receiving and commodity invoices), the supplier must transfer to the customer:

  • technical Passport;
  • service book;
  • instruction manual;
  • ignition keys.

And, perhaps, something else is further - according to the technical task of the customer.

WARRANTY

With the latest changes in the law on the contract system, the question of providing guarantees by the supplier during the sale of cars remains. When shipping cars, the warranty period is calculated in two indicators - the number of years of operation or mileage kilometers. For example, 10,000 kilometers or 5 years is a dependence that comes earlier.

According to new changes in the procurement legislation, when purchasing cars, it is necessary to provide provision by the provider not only guarantees on the goods delivered, but also the warranty obligations to it. In this regard, the issues on the calculation of the warranty period appeared even more.

Unfortunately, there is no clear answer to these questions in legislation. Therefore, each customer acts on the principle of "who is what is much". But everyone converge in opinion "If you can register for more than any nuances in the documentation about the purchase and draft contract, then in the acceptance of the goods and its operation it will be easier."

Publication date: 07.08.2019

Please note that the site administration does not always share the opinions of the authors, and is not responsible for the accuracy of their information.

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