On approval of the rules for holding joint competitions and auctions. The procedure for conducting joint bidding in the form of an auction. Advantages and disadvantages of joint auctions and competitions

Legislation on contract system provides for the possibility of conducting joint procurements, namely joint tenders and auctions - a separate article is devoted to this in the law, and the Government of the Russian Federation has approved the procedure for carrying out such procurements 1 . These purchases can be carried out if two or more customers purchase the same GWS. It is believed that due to the larger volume of purchases, this design allows customers to purchase GWS at a lower (“more wholesale”) price if they each carried out their purchases independently. Please note that in 44-FZ, joint procurement is possible only in the form of a competition or auction, that is, those procurement methods that have no restrictions on the amount. But, let’s say, conduct a joint purchase in the form of a request for quotation, where the purchase amount is limited to 500 thousand rubles. 2, 44-FZ no longer allows.

In this case, according to the letter of the law, the role of organizer of a joint competition or auction can be either authorized body(authorized institution) and in this case the purchase will actually have all the signs of centralized procurement, or one of the customers. And it is precisely in the latter case, when one of the customers is also the organizer of the purchase, that it can truly be called joint. In this case, we will consider the rules and practice of holding joint competitions and auctions in this article.

Rules for joint competitions and auctions 3

First of all, all customers must enter into an agreement with the organizer of a joint competition or auction (one of the customers) - on the basis of this agreement, part of the powers of other customers to organize and conduct the purchase is transferred to the organizer. The agreement must contain the following information:

1. information about the parties to the agreement;
2. purchase identification code;
3. information about the object of procurement and the expected volume of procurement in respect of which joint competitions or auctions are held, the place, conditions and terms (periods) of supply of goods, performance of work, provision of services in relation to each customer;
4. NMCC of each customer and justification of such prices by the relevant customer;
5. rights, duties and responsibilities of the parties to the agreement;
6. information about the organizer of a joint competition or auction, including a list of powers transferred to the specified organizer by the parties to the agreement;
7. the procedure and timing for the formation of a procurement commission, the rules of work of such a commission;
8. the procedure and timing for developing a notice of procurement, an invitation to take part in a joint closed competition or closed auction, procurement documentation, as well as the procedure and timing for approving procurement documentation;
9. approximate dates for holding a joint competition or auction;
10. the procedure for paying expenses associated with organizing and conducting a joint competition or auction;
11. duration of the agreement;
12. procedure for resolving disputes;
13. other information defining the relationship between the parties to the agreement during a joint tender or auction.

The signing of this agreement is the basis for each of the customers (including the organizer of the competition or auction) to include in their procurement plans and schedules information about the name of the organizer of the competition or auction in relation to a specific purchase. Let us remind you that the schedule form provides for entering such information (column 33) 4.

As established in the requirements for the content of the agreement (see above), the NMCC is determined and justified by each customer independently. Also, based on the results of a joint competition or auction, a contract with the winner is concluded by each customer separately. Thus, these powers cannot be transferred to the organizer of a joint competition or auction.

In turn, the organizer of a joint competition or auction “by default” is assigned the authority to approve the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement. In addition, according to the established rules, the organizer of a competition or auction must perform the following actions:

1. Develops and places in the Unified Information System a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves tender or auction documentation. In this case, the NMCC indicated in such notice, invitation and documentation for each lot is defined as the amount of the NMCC of each customer, and the justification for such price contains the justification for the NMCC of each customer.
2. Provides documentation to interested parties.
3. Provides clarification of documentation provisions.
4. If necessary, makes changes to the procurement notice and (or) documentation.
5. Carries out placement in the Unified Information System in the field of procurement of information and documents, the placement of which is provided for by 44-FZ when determining a supplier (contractor, performer) - here we mean the relevant protocols, etc.
6. Sends copies of the protocols drawn up during the joint tender or auction to each party to the agreement no later than the day following the day of signing these protocols, as well as to the authorized federal body executive power in specified cases.
7. Exercises other powers delegated to him by the agreement.

There is also a rule according to which the parties to the concluded agreement bear the costs of holding a joint tender or auction in proportion to the share of the NMCC of each customer in the total amount of the NMCC for the purpose of concluding which a joint tender or auction is held. For example, nothing prohibits the organizer of a competition or auction from involving a specialized organization 5 in their organization, but in this case, the costs of its involvement must be borne by all customers in this manner.

Note that this same rule also applies to the situation when the winner of a joint competition or auction may be recognized as having evaded concluding a contract, and customers will need to somehow “share” the application security among themselves. According to the position of the Ministry of Economic Development of the Russian Federation when conducting joint auctions, if the auction winner is recognized as having evaded concluding a contract, his cash, contributed as security for the application, are transferred to the accounts specified by the customers, in proportion to the share of the NMCC of each customer in the total amount of the NMCC 6 .

Finally, if a joint tender or auction is declared invalid in the cases established by 44-FZ, a decision is made to conclude a contract with sole supplier(contractor, performer) and the approval of such a decision is carried out by the customers independently 7 .

Practice of holding joint competitions and auctions

For clarity, let’s consider several cases of joint procurement under 44-FZ from practice (based on material available for review in the Unified Information System).

In January 2017, the state state-financed organization health care of the Republic of Bashkortostan " City Hospital No. 1 of the city of Oktyabrsky" held a joint electronic auction for purchase medicine(alteplase) 8 . In addition to this auction organizer, the customers were three more central district hospitals in different territories of the republic. Each of the four customers purchased from 6 to 18 bottles of the specified drug, the NMCC of individual customers ranged from 165 to 495 thousand rubles, and the total NMCC was 1 million 320 thousand rubles. The purchasing conditions were the same for all customers with the exception of delivery times. Three suppliers applied to participate in the auction, two of which were allowed to participate. As a result, the winner was the participant who offered the lowest contract price (1 million 141 thousand rubles), with whom each of the customers entered into a separate contract for the supply of the required volume of the drug.

Joint purchases can be carried out for much smaller amounts. For example, in December 2016, the state budgetary institution of the Rostov region “Medical Rehabilitation Center No. 1” (Taganrog), as a procurement organizer and one of the customers, held a joint electronic auction for the purchase of services for individual radiation monitoring of personnel 9 . The remaining customers were two more regional government healthcare institutions. The NMCC of individual customers ranged from 20 to 56 thousand rubles, and the total NMCC was 129 thousand rubles. The purchasing conditions were the same for all customers (of course, with the exception of the volume of purchased services). It is noteworthy that in auction documentation The auction organizer did not classify himself as a customer (the documentation refers only to customer No. 1 and No. 2), however, he indicated a separate NMCC in relation to himself, which indicates that he should also officially call himself a customer. Only one participant submitted an application to participate in the auction, and three contracts were concluded with him at prices equal to those established by the NMCC. There are also very small joint purchases - for example, in October 2016, the municipal budgetary healthcare institution “City Clinic No. 5 of Shakhty, Rostov Region” for its own needs, as well as for the needs of 2 more customers (city healthcare institutions) conducted a joint electronic auction for the purchase of medical cotton wool with a total NMCC of only 62 thousand rubles, and the smallest NMCC of one of the customers was only 13 thousand rubles. 10 . True, it should be noted that holding an auction in in this case led to noticeable comparative savings: contracts with its winner were concluded by customers for a total amount that was two times less than the total NMCC - 30 thousand rubles.

There can be many customers in joint procurements. For example, in the role of customers during a joint electronic auction for the purchase of disinfectants in December 2016 - January 2017, nine public health institutions of the Moscow region, including the auction organizer - Chekhovskaya district hospital No. 2 11. The spread of the NMCC of individual customers here was also very large - from 64 thousand to 1.6 million rubles, while the total NMCC was almost 4.5 million rubles.

In general, the practice of joint procurement is most often found in the healthcare industry. Although it exists in other industries as well. For example, in December 2016 in St. Petersburg, a joint electronic auction for the purchase of maintenance services for water purification equipment was held by one of the city lyceums, and two more customers were another lyceum and kindergarten 12 . Moreover, we note that this purchase provided for the participation only of small businesses and socially oriented non-profit organizations.

Please note that when holding a joint auction, the bid security is deposited by the auction participant in one amount to the operator’s account electronic platform based on the general NMCC. But as for contract security, here the auction winner provides such security to each customer separately - either through a bank guarantee or by depositing funds into the customer accounts specified in the auction documentation. And the calculation of the amount of security here already comes from the NMCC of each individual customer.

The author of the article was unable to find examples of joint competitions in the Unified Information System. Apparently, those customers who practice joint procurement are not inclined to unite with each other in order to carry out procurement, where the criteria for evaluating applications are not only price (as in an auction), but also quality characteristics TRU. Such characteristics can be very individual for each individual customer.

1 Art. 25 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, Decree of the Government of the Russian Federation of 11/28/2013 No. 1088 “On approval of the Rules for conducting joint competitions and auctions” .

2 Parts 2 tbsp. 72 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

3 In accordance with the Decree of the Government of the Russian Federation dated November 28, 2013 No. 1088 “On approval of the Rules for conducting joint competitions and auctions.”

4 Decree of the Government of the Russian Federation dated 06/05/2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the purchase of goods, works, services to meet federal needs”, Decree of the Government of the Russian Federation dated 06/05/2015 No. 554 “On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the subject Russian Federation and municipal needs, as well as on the requirements for the form of the schedule for the procurement of goods, works, and services.”

5 In accordance with Art. 40 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

6 See Letter of the Ministry of Economic Development of Russia dated February 25, 2015 No. D28i-443, Letter of the Ministry of Economic Development of Russia dated October 30, 2015 No. D28i-3146.

7 In accordance with Order of the Ministry of Economic Development of Russia dated March 31, 2015 No. 189 “On approval of the Procedure for approving the use of closed methods for identifying suppliers (contractors, performers) and the Procedure for approving the conclusion of a contract with a single supplier (contractor, performer).”

8 www.zakupki.gov.ru - purchase No. 0301300280716001197.

9 www.zakupki.gov.ru - purchase No. 0358200019316000192

10 www.zakupki.gov.ru - purchase No. 0358300397716000026.

11 www.zakupki.gov.ru - purchase No. 0348300364716000105.

12 www.zakupki.gov.ru - purchase No. 0372200042216000038.

On January 1, 2014, Federal Law No. 44-FZ dated 04/05/13 “On the contract system in the field of procurement of goods, works and services for state and municipal needs” (hereinafter referred to as Law No. 44-FZ) came into force. In this regard, the Government of the Russian Federation has adopted a number of resolutions that relate to the actions of customers when making purchases within the framework of the new law. (Resolution of the Government of the Russian Federation dated November 28, 2013 No. 1088)

Normative base

In accordance with Part 5 of Article 25 of Law No. 44-FZ, Resolution of the Government of the Russian Federation dated November 28, 2013 No. 1088 “On approval of the Rules for conducting joint competitions and auctions” (hereinafter referred to as Resolution No. 1088) regulates the organization and conduct of joint competitions and auctions.

In connection with the adoption of the new resolution, the Decree of the Government of the Russian Federation dated October 05, 2007 No. 647 “On amendments to the Regulations on the interaction of state and municipal customers, bodies authorized to carry out the functions of placing orders for state or municipal customers during joint tenders” became invalid. and dated 10.27.06 No. 631 “On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders.”

Resolution No. 1088 came into force on January 1, 2014, with the exception of paragraph 4, which will come into force on January 1, 2015.

Conditions for joint competitions and auctions

According to paragraph 1 of Resolution No. 1088, customers have the right to appoint joint tenders and auctions if two or more customers have a need for the same goods, works, or services. To do this, they must enter into an agreement among themselves to hold a joint tender or auction before the approval of the tender documentation or auction documentation. The agreement must contain the information specified in Part 2 of Article 25 of Law No. 44 Federal Law. Namely:

1) information about the parties to the agreement;

2) information about the object of procurement and the expected volume of procurement in respect of which a joint competition or joint auction is being held;

3) the initial (maximum) price of the contract or contracts and the justification for such a price;

4) rights, duties and responsibilities of the parties to the agreement;

5) information about the organizer of such a competition or auction, including a list of powers transferred to the specified organizer by the parties to the agreement;

6) the procedure and deadline for the formation of a procurement commission, the rules of work of such a commission;

7) the procedure and timing for the development and approval of procurement documentation;

8) approximate dates for holding a competition or auction;

9) the procedure for paying expenses associated with organizing and conducting a joint competition or auction;

10) duration of the agreement;

11) the procedure for considering arising disputes;

12) other information defining the relationship between the parties to the agreement during the competition or auction.

After signing the agreement, customers enter into the schedule information about the name of the organizer of the joint competition or auction.

Organization of auctions

The organizer is responsible for organizing and conducting a joint competition or auction, to whom other customers transfer part of their powers on the basis of an agreement.

To conduct a joint competition or auction, the organizer must approve the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases made by each customer in the total volume of purchases. And also place it in a single information system in the field of procurement, a notice of procurement or send an invitation to take part in a competition or auction.

In addition to the above functions, the organizer is also entrusted with the responsibilities of developing and approving documentation prepared in accordance with Law No. 44-FZ, providing it to interested parties, providing clarification of the provisions of the documentation, making changes to the procurement notice and (or) documentation.

According to subparagraph “b” of paragraph 6 of Resolution No. 1088, the initial (maximum) price indicated in the notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer. At the same time, the justification for such a price contains the justification for the initial (maximum) contract prices of each customer.

When determining a supplier (contractor or performer), the organizer is obliged to place the information and documents provided for by Law No. 44-FZ in a unified information system in the field of procurement.

After holding a joint tender or auction, he must send copies of the protocols to each party to the agreement no later than the day following the day of signing the said protocols, as well as to the authorized federal executive body in established by law No. 44-FZ cases.

Costs of holding a competition or auction

According to paragraph 7 of Resolution No. 1088, the parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the purpose of concluding which a joint tender or auction is held. Each customer enters into a contract with the winner independently.

If a joint competition or auction is declared invalid in the cases established by Law No. 44 Federal Law, then the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently.

Joint competitions and auctions has the right to organize customers purchasing the same goods, works or services.

information about all parties to the agreement and identification code;

data on the object and volume of joint procurement, as well as conditions for the implementation of the contract;

NMTsK of each customer with its justification;

the rights and obligations of each party to the agreement;

information about the auction organizer and the powers delegated to him;

the procedure for forming the commission and the rules of its work;

timing and procedure for developing procurement documentation and its approval;

timing of joint competitions or auctions;

the procedure for paying expenses associated with organizing and conducting a tender;

validity period of the concluded agreement;

procedure for resolving disputes;

any other conditions defining the relationship between the parties to the contract.

Each customer adds information about the name of the organizer of such a tender to the procurement schedule, based on a signed agreement.

The organizer of a joint competition or auction approves the composition of the commission, which must include representatives of all customers, in an amount proportional to the initial maximum contract price of each of them in the total purchase volume.

The organizer's responsibilities include:

control of the work of the commission;

information support for procurement - from the development of documentation to its clarification;

posting information about a joint competition or auction in the Unified Information System;

after the procedure, the organizer must send copies of the protocol to all parties to the agreement no later than one day after signing these protocols.

Each customer concludes a contract with the winner separately.

The initial price is determined by each customer independently, and the amount of NMCC, which is indicated in the notice and procurement documentation, is the sum of the initial maximum price of all customers and its justification contains the justification of each of them.

The costs required for holding a joint tender or auction are borne by all customers in an amount proportional to their share of the initial maximum price in the total volume of NMCC.

Important: if the winner evades signing the contract, the funds contributed as security for the application are divided between customers according to the same principle, i.e. in proportion to the share of NMCC in the total volume.

If, to secure an application for participation, money is deposited into a special bank account, then when depositing security for the contract, the winner must provide the money or a bank guarantee to each customer separately, based on the NMCC of each of them.

Advantages and disadvantages of joint auctions and competitions

The advantages include the fact that without the use of joint procurement, some procedures would not have been carried out at all.

For example, when it is necessary to purchase a small volume of goods or services, and therefore it is inappropriate to organize tenders due to the costs of them. Also, small volumes of purchased goods, works or services are not always profitable and interesting for suppliers, and applications for participation may not be received.

Another example is if several customers located in the same city need a product or some specific work, but the supplier or contractor is located only in a remote region and it is not profitable for him to enter into a contract with one customer. Joint procurement is beneficial for both parties, since due to the same delivery time or work completion from the supplier or contractor, logistics costs are reduced, and customers save budget funds.

For example, delivery of food products to villages or villages: if the supplier had to deliver his products to only one place, then it would be unprofitable and the costs would be more than what was incurred. But if delivery will be carried out in several settlements located nearby, the contract will be profitable and procurement participants will show greater interest in it.

At the same time, a significant drawback may be that not every customer is ready to act as an organizer of a joint competition or auction, because rests with him big job and responsibility.

In view of this, an inexperienced customer simply will not cope with the responsibilities assigned to him, but a qualified one will be able to independently organize a tender.

In the UIS, such purchases are marked with a special icon under the purchase number.

Responsibility for violations

Administrative liability for violation is provided for both the tender organizer and members of the joint procurement commission.

Most often, violations are detected in terms of documentation and information support bidding

As practice shows, the main industry for this type of procurement is healthcare. At the same time, joint auctions are almost always held, and joint competitions are quite rare.

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GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for conducting joint competitions and auctions

Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, 06/16/2014).
____________________________________________________________________

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" the Government of the Russian Federation

decides:

1. Approve the attached Rules for conducting joint competitions and auctions.

2. To recognize as invalid:

Decree of the Government of the Russian Federation of October 27, 2006 N 631 “On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders” (Collection of Legislation of the Russian Federation, 2006, N 44, art. 4602);

Decree of the Government of the Russian Federation of October 5, 2007 N 647 "On amendments to the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders" (Collection of Legislation of the Russian Federation, 2007, N 42, Art. 5048).

3. This resolution comes into force on January 1, 2014, with the exception of paragraph 4 of the Rules for conducting joint competitions and auctions approved by this resolution, which comes into force on January 1, 2015.

Chairman of the Government
Russian Federation
D.Medvedev

Rules for holding joint competitions and auctions

APPROVED
Government resolution
Russian Federation
dated November 28, 2013 N 1088

1. These Rules establish the procedure for conducting joint competitions and auctions.

2. When two or more customers purchase the same goods, works, services, such customers have the right to hold joint tenders or auctions.
Decree of the Government of the Russian Federation of June 9, 2014 N 533.

3. To organize and conduct a joint competition or auction, customers, authorized bodies, authorized institutions, the corresponding powers of which are determined in accordance with Article 26 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter respectively - customers, Federal Law), enter into an agreement among themselves to conduct a joint tender or auction (hereinafter - the agreement) before the approval of the tender documentation or documentation about the auction (hereinafter - the documentation). In this case, the authorized body, authorized institution, which is entrusted with the authority only to identify suppliers (contractors, performers), can act as a party to the agreement only as the organizer of a joint competition or auction. The agreement contains the information specified in Part 2 of Article 25 of the Federal Law.
(Clause as amended, put into effect on June 24, 2014 by Decree of the Government of the Russian Federation dated June 9, 2014 N 533.

4. After signing the agreement, customers enter into the schedule information about the name of the organizer of the joint competition or auction (hereinafter referred to as the organizer).

5. The organization and conduct of a joint competition or auction is carried out by the organizer, to whom other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct such a competition or auction. A joint competition or auction is held in the manner established Federal law in relation to competitions or auctions.

6. For the purpose of holding a joint competition or auction, the organizer:

a) approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement;

b) develops and places in a unified information system in the field of procurement a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, and the justification for such price contains the justification for the initial (maximum) contract prices of each customer;
(Subclause as amended, put into effect on June 24, 2014 by Decree of the Government of the Russian Federation dated June 9, 2014 N 533.

c) provides documentation to interested parties;

d) provides explanations of the provisions of the documentation;

e) if necessary, makes changes to the procurement notice and (or) documentation;

f) carries out placement in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law when determining the supplier (contractor, performer);

g) sends copies of the protocols drawn up during the joint competition or auction to each party to the agreement no later than the day following the day of signing of these protocols, as well as to the authorized federal executive body in cases established by Federal Law;

h) exercises other powers delegated to him by the agreement.

7. The parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the purpose of concluding which a joint tender or auction is held.

8. The contract with the winner of a joint competition or auction is concluded by each customer independently.

9. If a joint tender or auction is declared invalid in cases established by Federal Law, the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently in accordance with the Federal Law.



Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Decree of the Government of the Russian Federation of November 28, 2013 N 1088
"On approval of the Rules for conducting joint competitions and auctions"

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" the Government of the Russian Federation decides:

2. To recognize as invalid:

Decree of the Government of the Russian Federation of October 27, 2006 N 631 “On approval of the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders” (Collection of Legislation of the Russian Federation, 2006 , N 44, art. 4602);

Decree of the Government of the Russian Federation of October 5, 2007 N 647 "On amendments to the Regulations on the interaction of state and municipal customers, bodies authorized to perform functions of placing orders for state or municipal customers, during joint tenders" (Collected Legislation of the Russian Federation , 2007, N 42, Article 5048).

Rules
holding joint competitions and auctions
(approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1088)

With changes and additions from:

3. To organize and conduct a joint competition or auction, customers, authorized bodies, authorized institutions, the corresponding powers of which are determined in accordance with Article 26 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter respectively - customers, Federal Law), enter into an agreement among themselves to conduct a joint tender or auction (hereinafter - the agreement) before the approval of the tender documentation or documentation about the auction (hereinafter - the documentation).

In this case, the authorized body, authorized institution, which is entrusted with the authority only to identify suppliers (contractors, performers), can act as a party to the agreement only as the organizer of a joint competition or auction. The agreement contains the information specified in Part 2 of Article 25 of the Federal Law.

5. The organization and conduct of a joint competition or auction is carried out by the organizer, to whom other customers have transferred, on the basis of an agreement, part of their powers to organize and conduct such a competition or auction. A joint competition or auction is held in the manner established by Federal Law in relation to competitions or auctions.

6. For the purpose of holding a joint competition or auction, the organizer:

a) approves the composition of the procurement commission, which includes representatives of the parties to the agreement in proportion to the volume of purchases carried out by each customer in the total volume of purchases, unless otherwise provided by the agreement;

b) develops and places in a unified information system in the field of procurement a notice of procurement, develops and sends an invitation to take part in a closed tender or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price indicated in such notice, invitation and documentation for each lot is determined as the sum of the initial (maximum) contract prices of each customer, and the justification for such price contains the justification for the initial (maximum) contract prices of each customer;

c) provides documentation to interested parties;

d) provides explanations of the provisions of the documentation;

e) if necessary, makes changes to the procurement notice and (or) documentation;

f) carries out placement in the unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law when determining the supplier (contractor, performer);

g) sends copies of the protocols drawn up during the joint competition or auction to each party to the agreement no later than the day following the day of signing of these protocols, as well as to the authorized federal executive body in cases established by Federal Law;

h) exercises other powers delegated to him by the agreement.

7. The parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total amount of the initial (maximum) prices of contracts for the purpose of concluding which a joint tender or auction is held.

9. If a joint tender or auction is declared invalid in cases established by Federal Law, the decision to conclude a contract with a single supplier (contractor, performer) and the approval of such a decision is carried out by the customers independently in accordance with the Federal Law.

In pursuance of the new Law on the contract system in the field of procurement of goods, works, services for state and municipal needs, a procedure has been established for holding joint competitions and auctions.

If 2 or more customers have a need for the same goods, works, services, they have the right to hold joint competitions or auctions.

For this purpose, customers enter into a special agreement among themselves. This must be done before the approval of the tender or auction documentation.

After signing the agreement, customers enter into the schedule information about the name of the organizer of the joint competition or auction.

The powers of the named organizer are specified. Thus, he approves the composition of the procurement commission. Provides documentation to interested parties and explains its provisions. Places in a unified information system in the field of procurement information and documents necessary when identifying a supplier (contractor, performer).

The parties to the agreement bear the costs of holding a joint tender or auction in proportion to the share of the initial (maximum) contract price of each customer in the total price.

The contract with the winner of a joint competition or auction is concluded by each customer independently.

If a joint tender or auction is declared invalid, the decision to conclude a contract with a single supplier (contractor, performer) is made by the customers independently.

The previous provision on holding joint tenders was declared invalid.

The resolution comes into force on January 1, 2014, with the exception of the requirement to include information about the name of the organizer in the schedule. It applies from January 1, 2015.

Decree of the Government of the Russian Federation of November 28, 2013 N 1088 “On approval of the Rules for conducting joint competitions and auctions”

This resolution comes into force on January 1, 2014, with the exception of paragraph 4 of the Rules for conducting joint competitions and auctions approved by this resolution, which comes into force on January 1, 2015.