Today, tenders for the purchase of cars are held by both government and commercial organizations. Enterprises that provide their employees with official cars, freight forwarding companies, construction, logging, trading and other firms - all of them organize competitions in order to get quality equipment at a favorable price.

You can always find all current tenders for cars in the database of our website. We collect detailed information about them, we provide car suppliers and large manufacturing companies with the opportunity to timely submit an application for participation in the auction. In addition, we provide services such as legal and financial support for your participation, drawing up applications, assessing the likelihood of winning a tender based on an in-depth analysis of your capabilities and their compliance with the tender documentation.

No less often tenders are organized by car manufacturers themselves in order to expand dealer networks, rent premises for car dealerships and branded service stations. An important criterion for winning such a competition is the ability of the salon owners to quickly bring it into line with the customer's requirements, to provide proper conditions for storing the car. The location of the salon and its availability for the target audience are also taken into account.

Car service tenders

Car service tenders are also very popular. They are held between companies that are engaged in passenger transportation, transportation of goods both in Russia and throughout Europe, for the rental or sale of special equipment and special vehicles. The opportunity to win in such a tender has a company that not only transports goods of high quality and safely, but also provides a lot additional servicessuch as their clearance at customs, insurance against damage or loss as a result of road accidents or other force majeure circumstances, loading and unloading operations and the ability to track the transportation process by phone or via the Internet.

To provide such services, a company must have a solid fleet of equipment, always be ready to fulfill an order of any complexity, well-oiled logistic schemes, warehouses, mutually beneficial cooperation with insurance companies. All this allows the customer to deal with only one firm, saving time and money. That is why tenders for auto services are won today by firms with extensive experience and good reputation. The rest of the participants, although they do not receive the order, can declare themselves, acquire good chances of winning the next tenders.

The material is the property of the site. Any use of the article without specifying the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

Tenders of the future: what to expect in 2018?
12.12.2017

Numerous by-laws in the tender legislation are no longer surprising: there are dozens of them. Of course, the beginning of a new calendar year promises the entry into force of the next changes - we are talking about them.

Let them teach me: a university procurement course has been developed
11.11.2015

Russian academy national economy under the President of the Russian Federation and experts of the project "For Fair Procurement" presented a new educational course "State and Municipal Procurement". What is its uniqueness, the BiCo press service found out from the teacher of the RANEPA Boris Pivovar.

How much to hang exactly?

Purchase of spare parts for cars according to the rules of Law No. 223-FZ

The purchase of spare parts is an urgent issue for every organization that has vehicles on its balance sheet. Customers working in accordance with Law No. 223-FZ should be especially careful, since for them such a purchase implies three additional issues: the formulation of the subject of the procurement, the exact definition of the method and form of procurement and the establishment of the volume of procurement.

What are we buying?

If the order of the day is the purchase of one single part or a set of such parts, then everything is more or less clear with the subject of the purchase - this is a product of a certain name with certain technical characteristics.

But as a rule, spare parts appear in more complex contracts. So, contracts are concluded for the maintenance of cars, which, in addition to the supply of the necessary parts, also imply work on their installation. The same contracts may include a condition for the provision of troubleshooting services. In this case, the wording of the subject of the procurement will be based not on the description of the spare parts to be installed, but on the description of the vehicle whose maintenance is the subject of the contract.

Simply put, the list of details in the car maintenance contract can be omitted at all, and this will not violate the requirements of Law No. 223-FZ - provided that the purchase documentation and the draft contract, in particular, accurately describe the car that is subject to maintenance, and list of works and services included in this very maintenance... If these requirements are formulated vaguely and vaguely, then the customer may be charged with a violation of the antimonopoly law: the complainant will convince the antimonopoly service that if the requirements were accurate, then a wider range of potential suppliers could participate in this purchase.

At the same time, unlike the state customer, the subject of Law No. 223-FZ is not bound by the limitation of clause 1, part 1 of Art. 33 of Law No. 44-FZ, which means that it can indicate a certain trademark (brand) of the purchased parts even without justifying their compatibility. For a customer working under Law No. 223-FZ, an indication of a brand is not considered an unreasonable restriction of competition - such a restriction is justified by the technological needs of this customer, and this is quite enough to comply with the norm of paragraph 2 of Part 1 of Art. 3 of Law No. 223-FZ. Initially, the Antimonopoly Service was against this approach, demanding a clause on the analogue in the procurement documentation by analogy with the state order system. However, since 2013, customers have been able to defend their right to indicate the brand in court. According to the court, Law No. 223-FZ does not contain a direct prohibition on the indication in the procurement documentation for trademarks or the name of the manufacturer, and by such an indication, the customer makes a restrictive requirement not to the procurement participants, but to the goods of certain manufacturers, which indicates that the participant who submitted the application is not limited in the rights to conclude a supply agreement, and this possibility is provided for an unlimited number of suppliers (this position is formulated, in particular, in the decisions of the Seventeenth Arbitration Court of Appeal No. 17AP-213/2013-AK dated 12.02.2013 and No. 17AP-1205/2013-AK dated 01.03.2013).

Electronic purchasing

If, when establishing requirements for purchased products and participants, the customer is limited by the norms of antimonopoly legislation, then when choosing a method for purchasing spare parts, he is still limited only by the norms of his own procurement regulation. At the same time, one should not ignore the norms of the Decree of the Government of the Russian Federation of June 21, 2012 No. 616 - even if the purchase is positioned as the conclusion of an agreement for the performance of work or services for the maintenance of vehicles, the presence of a supply of car parts and accessories within the framework of such maintenance automatically refers such a purchase to the list of goods , works and services, the purchase of which is carried out in electronic form. It is possible, of course, to dispute the extension of this rule to a maintenance contract, but in this case the arguments that not only spare parts are being purchased will hardly help - in this case it is important that they are also purchased.

In this situation, the customer only needs to remember that he chooses the procurement method himself in accordance with his procurement regulations. After all, Resolution No. 616 requires the customer to purchase car parts through e-procurementhowever, such a purchase does not have to be an electronic auction. Moreover, if the subject of the purchase is not a separate part, but maintenance, then it is advisable for the customer to choose an electronic request for proposals as a purchase method, which can be carried out promptly, but at the same time compare not only prices, but also the quality of work of potential suppliers. Even the Antimonopoly Service admits that Law No. 223-FZ does not establish minimum terms publication of a notice of a procurement using non-commercial methods (request for quotations, request for proposals, etc.) - this is confirmed, for example, by the decision of the St. Petersburg OFAS in case No. T12-43 / 13 dated 28.03.2013.

Choosing a procurement method, the customer must imagine on what basis he will ultimately determine the winner. When holding an auction or request for quotations, the only criterion for choosing a winner will be the price: for a part, for a batch of parts or for car maintenance, depending on what is identified as the subject of the procurement. If the customer ventured to choose just such a method, then it is necessary to describe the requirements for the part or the list of works in as much detail as possible, and with the details of what exactly each item of this list means. If such requirements are not formulated accurately enough, then an unscrupulous supplier will be able to dump, simply looking for loopholes in the procurement documentation that allow him to save on quality (during the time of Law No. 94-FZ, which has gone down in history, this scheme has been repeatedly worked out). Moreover, if the customer admits subjectivity in the formulation of detailed requirements, then he risks being accused of “sharpening” the documentation for a specific supplier.

Carrying out a procurement through a tender or request for proposals allows you to focus not only on the prices of potential suppliers, but also on the quality of spare parts or work. Here it is already important not so much to formulate comprehensive quality requirements as to determine the criteria and procedure for comparing the proposals of potential suppliers. To do this, the customer will first need to establish those key aspects for which the comparison will be carried out: guarantee period part service, country of origin, speed of repair and readiness to guarantee long work repaired car unit. The price in these criteria may not appear at all - in this case, the initial price will indicate only the maximum financing limit set by the customer for the annual maintenance of the car, which will be discussed in more detail below. Having established the comparison criteria, the customer must determine the specific weight of each of them and the procedure for assigning points when evaluating the criterion (for example, 1 point can be assigned for a guarantee of six months, 5 points for a one-year guarantee, etc.). The procurement participant with the highest total number of points becomes the winner. Of course, the criteria and procedure for the assessment must be specified in the procurement documentation (part 10 of article 4 of Law No. 223-FZ).

Obviously, multi-criteria comparison is more suitable for purchasing maintenance, while comparison by price is more suitable for purchasing standard spare parts (suppliers will bargain for the price of a hotel spare part or for the price of the entire batch, depending on what the customer has defined as a unit of purchased products). In both the first and second cases, the customer, in addition to the procedure for evaluating the application (by price or by a set of criteria), also establishes requirements for the suppliers themselves, so that those that do not meet these requirements do not participate in the application. And again, it will not be superfluous to remind that these requirements should not unreasonably restrict competition, but should only be aimed at ensuring the efficiency of the procurement and so that the best of the participants becomes the winner.

How much to hang exactly?

As a rule, car maintenance “eats up” more than 100 thousand rubles not only in a year, but even in several months. This means that regardless of the method of purchase, even if it is a purchase from a single supplier, the customer is still obliged to publish information about such a purchase in accordance with the requirements of Art. 4 of Law No. 223-FZ. In particular, when purchasing spare parts, it is necessary to publish the corresponding line in the procurement plan, a purchase notice and purchase documentation.

When filling out these documents, the question inevitably arises: how to correctly formulate the subject, and even more so the volume of the purchase, if it is not known in advance what will break and how much will be needed to fix the breakdown?

There are no special problems with the plan: both in terms of volume and in relation to the initial (maximum) price, according to the Decree of the Government of the Russian Federation of 17.09.2012 No. 932, it is possible to indicate not an exact figure, but only information. Information, in particular, is the words "depending on the emergence of needs", "on the fact of a breakdown", etc. The plan requires you to indicate another month and year of the contract - but even if the maintenance contract is concluded for the entire year, then it is quite permissible to indicate December (the last month of the contract) as the month, since it is in this month that this contract will be considered final.

The situation is more complicated with the proper wording of the notice of the purchase of spare parts and procurement documentation, because in both documents it is necessary to indicate the exact volume of the purchased products (paragraph 3 of part 9 and paragraph 3 of part 10 of article 4 of Law No. 223-FZ). How to indicate this volume, if it is not known in advance and generally depends solely on the events that have yet to occur after the conclusion of the contract itself? In this case, it will not be possible to refer to the norms of the new article 429.1 of the Civil Code of the Russian Federation on a framework contract, since Law No. 223-FZ is a special law in relation to Civil Code and can concretize his requirements - so he concretizes, obliging the customer to publish in advance the volume of products he needs.

And yet, you will have to resort to the construction of a framework contract, only it must be done so as not to directly contradict the imperative requirements of Law No. 223-FZ (and the requirement to indicate the volume is promptly, and it cannot be canceled by the norm of the procurement regulation). Experienced customers in this case indicate the maximum, maximum possible volume of products that may be required under this contract - and at the same time, the draft contract includes conditions that, firstly, individual deliveries within this volume are carried out exclusively at the request of the customer, and secondly the contract expires after a certain date without mutual claims, even if the customer has not chosen the maximum volume. Or it is prolonged, but on the same conditions: delivery upon request and the possibility of completion until exhaustion.

Separate bids pursuant to such a framework agreement are not considered stand-alone procurements precisely because during the procurement for the conclusion of this framework agreement, all the information provided for in Art. 4 of Law No. 223-FZ. But if the actually selected volume does not coincide with the limit specified in the procurement documentation - and in practice this is most often the case - then it is important not to forget to publish the relevant information on the official website www / zakupki.gov.ru. Compliance with this simple requirement of Part 5 of Art. 4 of Law No. 223-FZ makes the change in the volume of purchases absolutely legal. By the way, this change can be not only in the direction of decrease, but also in the direction of increase, if real breakdowns suddenly exceeded all predicted levels.

And finally, going back to the car parts, what is better to specify in such quasi-frame contracts as volume limits? It depends, as it was said at the very beginning of the article, on what exactly is indicated as the subject of the purchase. If only individual parts are purchased, which will then be installed by the customer's employees, then in the procurement documentation and specification it is advisable to list the entire range of parts that may be needed during the term of the contract, and indicate the maximum volume of requirements for each type of parts. Of course, it is not worth splitting the purchase into separate lots for each type of parts, but it is imperative to include in the contract a condition on the possibility of the customer submitting an application for the supply of only individual items from the specification.

If the subject of the purchase is nevertheless precisely the maintenance of cars, then when describing the volume of the purchase, you will need to indicate specifications each car, their number, the whole range of work that may theoretically be needed in case of their breakdown, as well as the requirements for the parts that will be used when performing such work. In this case, it is the volume of work that will be the volume of the purchase, but, as in the case of the goods, it is necessary to provide for the condition that it is possible to submit an application only for certain items from the list of works provided for in the contract.

Although when formulating information about the initial (maximum) price, one can confine himself to the phrase "the initial (maximum) price is not determined", any customer has the right to indicate its exact value. And in this case, it is extremely important that this value corresponds to what the customer has defined as the unit of the purchased product - an individual part, a batch of such parts or the maintenance of a specific vehicle? If the customer specifies the initial (maximum) price for a separate part, then he will have to split the purchase into lots, in order to indicate in each of them the initial price that corresponds to a given type of part. If a batch of various parts is purchased, then it will be enough to indicate the initial price for the batch, and already in the documentation, if necessary, indicate the limit values \u200b\u200bof prices per unit of certain parts included in this batch. If the unit of the purchased product is the maintenance of one car, then it is most logical to indicate the maximum limit set for the annual maintenance as the initial (maximum) price. this car: this limit will serve as the limit for the exhaustion of the quasi-contractual agreement, which will be signed as a result of such a purchase.

Dmitry Medvedev introduced new restrictions on government purchases of officials: now restrictions on the capacity and price of cars - up to 200 horse power (l. s.) and up to 2.5 million rubles - will apply to rental, leasing and taxi services. The new rules will also apply to FSUEs, of which there are about 1.2 thousand in the Russian Federation. Earlier, experts warned that a ban on purchases expensive cars can be circumvented by renting and leasing.

The restrictions were introduced in the new version of the resolution (No. 927), adopted in September 2015. We will remind, then Dmitry Medvedev forbade the heads of ministries to buy cars more expensive than 2.5 million rubles at the state expense. and smartphones are more expensive than 15 thousand rubles. In March 2016, this decree was clarified by introducing a capacity limit for the cars of the heads of departments (200 hp for rented cars and 150 hp for taxis).

The stated purpose of the decree is to prevent the purchase of goods and services "with excessive consumer properties." In addition, the White House is preparing to limit the size of contracts for telecommunications services, office applications and information security - there are such columns in the resolution, but no specific numbers have yet been specified. The decree was extended, in addition to federal departments, to the procurement of federal state unitary enterprises (FSUE): there are 1.2 thousand of them in the Russian Federation, according to the Federal Property Management Agency, and in the next three years 318 of them are to be corporatized.

The new edition of the decree is the third attempt to limit the capacity and cost of purchased cars. Earlier, experts warned that the ban on the purchase of expensive cars could be circumvented by renting and leasing (see Kommersant dated September 7, 2015) - a new decree closes this opportunity.

It should be noted that earlier the government had already tried to ration the maximum prices for goods for the officials' own consumption - cars and pieces of furniture. Such norms are in the law on public procurement, but the Accounts Chamber has repeatedly stated that the rationing system does not work. As noted by Deputy Finance Minister Alexei Lavrov, the Treasury is preparing to control the initial maximum contract prices since 2017 - but this requires a catalog of goods, works and services, the creation of which is postponed for at least two years (see Kommersant, November 24 and September 30) ...

According to the Ministry of Economy, the volume of the public procurement market from January to September amounted to 3.2 trillion rubles. (for this amount, ministries and subordinate organizations signed contracts), similar indicators were in 2015. Of this amount in 2016, 56 billion rubles. (less than 2%) accounted for “services related to land transport”. The average decline in prices for government purchases was 8.9%.

Sophia Okun

The Ministry of Economy does not want to share purchasing powers with the Ministry of Finance

At the end of November, the Ministry of Economy opposed the proposal of the "Open Government" to transfer the regulation of the procurement sphere to the Ministry of Finance and in return offered the White House to expand the powers of the economic ministry itself. At the same time, FAS supports the position of the Ministry of Finance and the "Open Government". Market participants believe that such departmental pulling of powers will not solve the real problems of the procurement industry.

Let's consider the situation. The university has announced an auction for the purchase of a car for state needs. Are there any restrictions on the maximum maximum amount for the purchase of a car by Government Decree No. 927? Or does this decree only apply to officials?

Such restrictions exist, but follow them starting with procurement in 2017, since the budget and schedule for 2016 was formed earlier, before the entry into force of the rationing obligations ().

For a budgetary (federal) institution, the rationing rules (as well as the rules for determining the requirements for purchased goods, works, services and the marginal prices for them) and regulatory costs are established by the founder of the BU.

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Article 19 of Law No. 44-FZ entered into force on January 1, 2016, which means that the obligation to approve standard costs and requirements for certain types of goods, works, services has already occurred since January 1, 2016. That is, for purchases in 2017, restrictions on the maximum amount for the purchase of a car are not taken into account.

Important

Rationing in the field of procurement is governed by the provisions of Art. 19 of Law No. 44-FZ

Decree of the Government of the Russian Federation of 09/02/2015 approved the Rules for determining requirements for procured by federal state bodies, governing bodies of state non-budgetary funds Russian Federation, their territorial bodies and their subordinate state and budgetary institutions certain types of goods, works, services (including the marginal prices of goods, works, services).

Read the most relevant comments on sensitive topics in the field of public procurement in the magazine "Goszakupki.ru"

Looking for a car for yourself or your friends?

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