PART 2
PROCUREMENT EXECUTION PROCEDURE
No.
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Section title
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Table of Contents
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General provisions
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Any supplier (contractor) or several suppliers (contractors) acting on behalf of one supplier (contractor) may take part in the procurement regardless of the legal form, form of ownership, location and place of origin of the capital.
Information and documents on a certain procurement are published on the official website. The official source of information about the progress and results of the procurement (official publication) is the official website referred to in the procurement notice.
Procurement participants (bidders) shall monitor any clarifications and changes in the procurement documentation, information on any decisions made during the procurement by the Procurement Commission (hereinafter referred to as Commission) and the Procurement Organizer (hereinafter referred to as Organizer) at their own discretion.
From the date of the official publication of the procurement execution notice and procurement documentation (hereinafter referred to as Documentation) on the official website the procurement documentation becomes publicly available and is submitted according to i. 6.2.2 of the Standard.
In all the other respects not specified by this procurement execution notice the Parties shall be guided by the Standard, the RF Civil Code and other federal laws.
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Clarification of documentation provisions
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Any concerned party may submit to the Procurement Organizer the request to clarify the provisions of the procurement documentation in writing (on the bidder form or with the bidder’s seal, if any) signed by the head of the bidder or by an authorized person of the latter.
Any concerned party may submit the request to clarify the provisions of the procurement documentation to the Organizer within the following period:
for tender - not later than 7 (seven) working days before the deadline for submission of the procurement bids;
for request for proposal - not later than 3 (three) working days before the deadline for submission of request for proposals.
for request for quotation - not later than 2 (two) working days before the deadline for submission of request for quotations.
If a request is received after this period the Organizer shall be entitled not to respond to such a request.
If the request is received within the time period specified in paragraph 2.1.,the Procurement Organizer shall submit an appropriate response on the official website indicating the request subject matter, without any reference to a bidder who submitted the request:
for tender - within 3 (three) working days from the day of request submission; for request for proposals, request for quotation - within 1 (one) working day from the day of obtaining the request; or
within 1 (one) working day following the date of receipt of the answer from the customer, if the response to the said request requires the answer of the customer who is not an Organizer.
If the Procurement Organizer had not posted the response to the request:
for tender - not later than 3 (three) working days before the deadline for submission of the procurement bids;
for request for proposals - not later than 2 (two) working days before the deadline for submission of the procurement bids;
for request for quotations - not later than 1 (one) working day before the deadline for submission of the procurement bids,
then the Procurement Organizer shall postpone the final deadline for submission of the procurement bids for the number of days of the delay so that the deadline for submission of the procurement bids shall be the following:
for tender - not later 3 (three) working days;
for request for proposals - not later 2 (two) working days;
for request for quotations - not later than 1 (one) working day.
Clarifications of the documentation provisions shall not introduce any changes into the essence thereof.
The bidder is entitled to rely on information obtained from the Procurement Organizer according to the procedure provided for in this documentation only.
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Changes in the procurement execution notice and procurement documentation.
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The head of the customer or the person who approved the procurement documentation shall make a decision to introduce changes into the procurement execution notice and/or procurement documentation (if necessary):
for tender - not later than 5 (five) working days before the deadline for submission of the procurement bids;
for request for proposals, for quotations - not later than 2 (two) working days before the deadline for submission of the procurement bids.
Within three (3) working days from the date the decision to introduce changes into the procurement execution notice or procurement documentation is made, but no later than the deadline for submission of bids, such changes shall be posted by the Procurement Organizer on the official website in the manner prescribed for procurement execution notice publishing.
In this case the time period for submitting the procurement bids shall be extended so that such period from the date of placement of the relevant changes on the official website up to the deadline for submitting the procurement bids shall be as follows:
for the tender - not less than fifteen (15) calendar days, and in case the subject of the tender changes such period must be equal to or more than the period for which the procurement notification was announced;
For request of proposals - not less than 5 (five) working days and in case the subject of the request of proposal is changed - 10 (ten) calendar days.
For request of prices - not less than 2 (two) working days and in case the subject of the request of prices is changed - 5 (ten) calendar days.
Any documentation amendment is its integral part.
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Procurement bid security
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If the procurement notice establishes the requirement to grant the guarantee of the procurement bid, the participant shall grant the guarantee the bid in the amount and currency in accordance with the requirements set forth in the procurement notification.
In case of granting the guarantee of the procurement bid in the form of cash - the funds to be transferred to the requisites the specified in the procurement notice in time to ensure their timely delivery to the recipient's account no later than the time and date of the end of the procurement bids.
If granting the guarantee of the procurement bide in the form of a bank guarantee, the bank guarantee shall meet the following requirements:
The bank guarantee shall be made based on the requirements of Articles 368-378 of the RF Civil Code and the following requirements:
the bank guarantee shall be irrevocable.
the amount of the bank guarantee shall be denominated in a currency established by the procurement execution notice.
the bank guarantee shall be valid at least within procurement bid validity period.
the bank guarantee shall be signed by the person legally authorized to act on behalf of the bank without the power of attorney or a duly authorized person based on the power of attorney.
the organizer shall be indicated as a beneficiary in the bank guarantee, the procurement bidder as the Principal, the bank which issued the bank guarantee as the guarantor;
The bank guarantee shall provide for the unconditional beneficiary’s right to request the sum of the bank guarantee.
The bank guarantee shall not contain any conditions or requirements contradicting the above or making it unfeasible.
The Guarantor has the right to increase the amount and/or the valid time of the bank guarantee without consent of the beneficiary. Requirements to execution of such amendments to the bank guarantee are similar to those to the bank guarantee.
The documents proving the evidence of granting the procurement bid guarantee are submitted as part of the bid not later than the end of the time of procurement bids submission.
Procurement bid guarantee shall be returned:
Within 5 (five) working days from the day of taking the decision to waive the procurement to all procurement bidders that submitted their procurement bids.
Within 5 (five) working days from the day of submission to the organizer of the notification about the bidder’s revocation of the procurement bid - to the procurement bidder that revoked the bid according to the documentation conditions;
Within 5 (five) working days from the day of receiving the delayed bid - to the bidder whose bid is delayed;
Within 10 (ten) working days from the day of uploading of the procurement summary protocol at the official website - to all procurement bidders to whom the guarantee was not returned at the previous stages, except for the procurement winner or the sole admitted procurement bidder;
Within 5 (five) working days from the day of awarding the contract with the procurement bidder following the results of the accomplished procurement to the procurement winner;
Within 5 (five) working days from the day of awarding the contract with the sole procurement bidder or from the day of taking the decision to waive awarding of the contract with it - to such sole procurement bidder;
Within 5 (five) working days from the day of admitting the procurement as void and taking the decision about non-awarding the contract following its results - to the procurement bidder to whom the bid guarantee was not returned at the previous stages.
In case of a complaint about the customer’s actions (failures to act) of the customer, organizer, commission, the period from which the procurement bidder receives an opportunity to have the guarantee returned, shall be postponed during review of the complaint until the decision on the results of this complaint review is obtained. During this the period of return of the guarantee after summarizing the results of the reviewed complaint is established with the account of sub-item d) item 4.5..
The guarantee of the procurement bid is retained when the procurement winner or the contracted sole procurement bidder deviate from awarding the contract and this procurement participant is notified about the retention of the procurement bid guarantee.
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Submission and receipt of Procurement bids
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The procurement bid is understood as a submitted by the bidder offer of the lot about awarding the goods procurement contract on the terms of the documentation made in written enclosed with a full set of documents according to the list defined by section 2 of the documents drawn up in accordance with the provisions of this subsection, the content of which meets the requirements of the documentation.
The procurement bidder is entitled to apply a procurement bid for any lot, any number of lots or all lots. If a procurement bidder plans to take part in procurement of several lots, he shall prepare a procurement bid for each lot separately. In respect of each lot the procurement bidder is entitled to submit only one procurement bid (except as permitted alternatives as part of the bid, if the procurement notification allows submission of alternative proposals).
Each document (original or copy), included in procurement bid shall be signed by a person legally authorized to act on behalf of the procurement bidder without the power of attorney or a duly authorized person on the basis of the power of attorney (hereinafter referred to in this section as authorized person). In the latter case the original power of attorney is attached to the procurement bid. Facsimile signature is not allowed.
Each document (original or copy), included in the procurement bid shall be sealed by the procurement bidder (for legal entities), if it is available.
The requirements of paragraphs 5.3. and 5.4. are not applied to notarized copies of documents.
Any documents forming part of the procurement bid must be clearly printed. No erasures, additional notes, corrections are permitted, except for the cases where such corrections (additional notes) are approved by a handwritten inscription “Alteration valid” and with a handwritten signature of the authorized person affixed next to each correction (additional note) and sealed by the procurement participant, if any.
All additional information media (CD-R, CD-RW, leaflets, books and so forth) shall be suitably marked (for example, by means of labels) and placed in separate (so-called “information”) envelopes. The said information envelopes shall be placed after the last page of the procurement bid.
After that pagination of all without exception pages and information envelopes of the procurement bid shall be made (both internal numbering of sheets of separate attachments and the continuous numbering of all the pages of the application for participation in the procurement; information envelopes are numbered separately from the pages - "information envelope No. 1 "" information envelope No. 2 ", etc.). Pages of books, leaflets, magazines, etc. placed in information envelopes shall not be numbered.
During numbering of pages of the procurement bid numbers on the originals of formal documents issued for the procurement bidder by third parties and stamped (licenses, powers of attorney, notarized copies etc.) are made in pencil on the verso of the page in the left bottom corner.
All sheets of the procurement bid with a list of its constituent documents are numbered, sewn into one volume with a thread glued with a paper label, indicating therein the number of sheets in a volume, sealed by the procurement bidder (for legal entities), if available and signature of the procurement bidder or its authorized representative. If the procurement bid includes several volumes each volume shall be sewn and enclosed with a register of included documents. Each volume shall have a thorough numbering of pages.
The procurement bidder meeting these requirements means that all the documents and information that are part of the procurement bid are submitted on behalf of the procurement bidder and prove the authenticity and trustworthiness of the documents and data submitted as part of the procurement bid.
The bidder shall repair 1 original and an appropriate numbers of copies mentioned in documentation subsection 2.2. Copies of the procurement bids are prepared by photocopying each document that are part of the procurement bid after they have been signed and authenticated by seal (when available) and through pagination before seaming. In case of divergences the procurement commission is guided by the original procurement bid.
Materials included into the information enveloped are copied by any acceptable for these types of materials method. Respective copies are placed into envelopes and marked as a “copy of information envelope No. 1” etc. When it is not possible to submit copies of the materials included in the information envelopes, the procurement bidder places into the information envelope a reference to specify: “See information envelope No... Of procurement bid. “
Besides the bid and copy of the procurement bid in respect of the lot on the hard copy (item 5.11.), the procurement bidder shall submit copies of the procurement bid in respect of this lot in software on data storage media for USB or DVD or CD-R(W). The amount of data storage media is specified in subsection 2.2. Of the documentation. The mentioned data media shall be adequately marked to ensure their appropriate identification.
The copy of this procurement information in software shall be submitted by files in PDF format that are electronic images of the documents submitted as part of the procurement bid in hard copy in the format “one file-one document” and files in Word and Excel formats. The files shall be place in separate folders on the data medium which title shall include the number and title of respective document. It is allowed to submit copies of the bid as files stored in the archives in ZIP or RAR format on the data media whereas it is not allowed to submit archives separated in several parts whose separate opening is not possible. At the same time the access to the information included into the mentioned archives is not restricted by a pass word or other file (information) protection system. If the procurement initiator is not able to read (open) information contained on a data medium due to information representation in other formats or with access protection, then it is assumed that this information is not submitted.
The Procurement Organizer establishes a requirement about the term of validity of the procurement bid of at least 60 calendar days (for the tender at least 90 calendar days) from the last day of bids submission.
The term of validity of the procurement bid can be extended in the documentation for the number of days for performance of the required measures in the following cases:
if according to the RF legislation the approval of the Procurement Organizer’s management authority is required for the contract signing;
In accordance with requirements of the external customer additional measures shall be taken.
If according to the legislation or other mandatory legal acts of the federal executive authorities, additional measures are required for the contract signing.
The procurement bid shall be valid not less that the term of validity as indicated in the documentation.
The procurement participant shall place a bid original and copy in separate envelopes properly marked as “ORIGINAL” and “COPY”. At the same time each envelope specifies the title and address of the procurement organizer, title and postal address of the procurement bidder, title of the procurement, No. and subject of the lot for which participation this bid is submitted. The procurement bidder shall also place into the envelope the procurement bid in electronic form. All envelopes shall be sealed in the manner which precludes its opening without damaging the envelope integrity. The sealed envelopes with the procurement bid and its copies are place in one external envelope separately for each lot. The external envelope bears the following information:
Name and address of the procurement initiator;
Subject of procurement:
Number and the subject of the lot.
Sealed envelopes with procurement bids shall be sent to the procurement initiator by the address indicated in procurement notification.
Absence of the envelope, inadequate execution of the envelope (including title and address of the procurement bidder) is not a ground to reject the bid.
The bids shall be submitted before expiration of the period established by the procurement notification according to requirements as to composition according to section 2 of the documentation. The bid is a bidder’s proposal (offer) to conclude a contract and entails the procurement bidder’s liability to conclude the contract on the documentation conditions and its proposals. By submitting a procurement bid the procurement bidder admits that such a procurement bid includes only open access information and understands that for the purposes of bid evaluation the procurement bid data can be handed over to members of procurement commission, experts and other persons. If the procurement bidder has delayed to submit its bid it is not reviewed and returned to the bidder (including the mailed items) upon such bidder’s request. Expenses for return of the delayed procurement bid are returned to the account of the bidder that submitted such procurement bid.
The procurement bidder bears the risk of his bid being delivered by wrong address during postal mailing and /or after expiration of bids submittal period and being acknowledged as delayed.
With respect to each separate lot, the procurement initiator shall register envelopes with procurement bids for participation in procurement in the Procurement Bid Registration Log. When the request for participation in auction (reversed auction) is received it is given a unique (as part of this procurement) serial number which is specified in the log of the received requests and specified in the request receipt. Neither the request log, nor the receipt shall specify the name of the bidder or its address or other data allowing its identification.
Upon request of the person that submitted the procurement bid envelope, the procurement organizer shall issue a receipt of the envelope with the procurement bid specifying its registration number, date and time of the envelope receipt and make a note of the envelope’s condition of integrity/loss of integrity.
The mentioned in item 5.21. unique serial number of the bid shall be additionally informed to the bidder upon his formal request sent in the form of letter, telegram or telefax within 1 (one) business day upon receipt of such request.
The procurement bidder that submitted the procurement bid related to any lot is entitled to change or call off his procurement bid submitted for this lot, any time after its submittal but before the expiration period of the procurement lots submittal for this lot which is specified in the procurement notification.
The bid withdrawal or amendment of the submitted bid by the bidder after the bid closing date, which is specified in the procurement documents, is not allowed, except for the cases, when amendment of the bid is made in the procedure stipulated by the documentation on the basis envisaged by the Standard.
If the procurement organizer extends the period of bids submittal, the procurement bidder that has already submitted his bid is entitled to take any of the following decisions:
Withdraw the procurement bid;
Change the submitted bid rather than withdraw it (if requested).
Submission of the procurement bids modifications according to sub-item b) of item 5.25. of this section shall be executed as follows:
Submit the letter for participation in the procurement bid written on a letter blank of organization (for a legal entity) with respect to one given lot’
Submit the list of changes introduced into the procurement bid with indication of documents of the original procurement bid where these changes have been made;
Submit new revisions of the documents to be changed. If the change relate to the data specified in Form 1 “Procurement bid”, the changed Form 1 shall be also attached as part of new revisions of the documents.
At the same time such bidder shall submit new guarantee of procurement bidder’s performance of obligations with the extended term of validity if such guarantee was earlier submitted as a bank guarantee and the validity period of such earlier submitted bank guarantee was less than the bid’s term of validity.
In case the procurement bid is changed, the envelope shall bear an additional notification “Change of procurement (lot) bid”.
In order to withdraw the procurement bid with regard of any lot, the procurement bidder that submitted the procurement bid in respect of this lot shall submit to the bid organizer a written withdrawal notification signed by the procurement bidder’s authorized person. In case the notification is signed by a person authorized by the head of the procurement bidder, the notification shall be enclosed with a document proving authorities of such person. The notification shall specify the name of the procurement with name and number of the lot for which this procurement bid is withdrawn, title and postal address of the procurement bidder that withdraws the procurement bid and the method of return of the procurement bid (if necessary). The expenses for return of the procurement bid withdrawn by the procurement bidder shall be made at his cost.
The procurement organizer shall provide reasonable safety measures in respect of the inspection of the content of the envelopes without their opening. The undertaken measures are similar for all bidders. The procurement organizer is entitled to require that the person submitting the envelope with the procurement bid should present his ID.
In case the requirements of items 5.24.-5.28. of this section are not fulfilled, the procurement commission holds that the documents specified in items5.24.- 5.28., are not submitted.
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