The procedure for holding a joint auction 44 FZ. The procedure for holding joint auction in the form of auction

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When implementing two and more customers, procurement of the same goods, works, services such customers have the right to carry out joint contests or auctions. The rights, responsibilities and responsibilities of customers in conducting joint competitions or auctions are determined by the Agreement of the Parties concluded in accordance with the Civil Code of the Russian Federation and the law No. 44-FZ.

From this article you will learn:

agreement on the conduct of a joint auction;
the rights and obligations of customers when conducting joint procurement;
the responsibility of customers when conducting joint procurement;
what the organizer should make for a joint auction.

According to Part 1 of Art. 25 of Law No. 44-FZ when implementing two and more customers of the procurement of the same goods, works, services such customers have the right to carry out joint contests or auctions. The rights, responsibilities and responsibilities of customers in conducting joint competitions or auctions are determined by the Agreement of the Parties concluded in accordance with the Civil Code of the Russian Federation and the law No. 44-FZ. Part 5 tbsp. 25 of Law No. 44-FZ The Government of the Russian Federation is granted the right to establish the procedure for holding joint competitions and auctions. In accordance with this Regulation of Law No. 44-ФЗ, the decision of the Government of the Russian Federation of November 28, 2013 No. 1088 approved the rules for holding joint competitions and auctions.

Thus, according to the rules for the joint auction, the Customers prior to the approval of the auction documentation conclude an agreement on conducting a joint auction, which contains the information specified in Part 2 of Art. 25 Law No. 44-FZ.

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After signing the agreement to customers, it is necessary to make information about the name of the joint auction organizer.

The organization and conduct of a joint auction are carried out by the organizer to which other customers submitted on the basis of an agreement part of their authority to organize and carry out such an auction. The joint auction is carried out in the manner prescribed by law No. 44-FZ for auctions.

In order to conduct a joint auction, the organizer:

a) approves the composition of the Commission on the implementation of procurement, which includes representatives of the parties to the agreements of the proportionate volume of procurement carried out by each customer, in the total procurement, unless otherwise provided by the Agreement;

b) places in a unified information system in the sphere of procurement notification of procurement, and also develops and approves documentation prepared in accordance with the Law No. 44-FZ. The initial (maximum) price, indicated in such notification and documentation for each lot, is defined as the amount of initial (maximum) prices of contracts of each customer, while the rationale for such a price contains the rationale for the initial (maximum) prices of each customer's contracts;

c) provides documentation to stakeholders;

d) provides explanations of the provisions of the documentation;

e) if necessary, changes in the notice of procurement and (or) documentation;

e) accommodation in the unified information system in the field of procurement of information and documents, the placement of which is provided for by law No. 44-FZ in determining the supplier (contractor, performer);

g) sends copies of the protocols drawn up during the joint auction, each party of the agreement no later than the day following the day of the signing of these protocols, as well as the authorized federal executive body in the cases established by law No. 44-FZ;

h) carries out other powers transferred to him by the Agreement.

The parties to the agreement bear the cost of carrying out a joint auction in proportion to the share of the initial (maximum) price of the contract of each customer in the total amount of initial (maximum) contract prices, in order to conclude a joint auction. The contract with the winner of the joint competition or auction lies with each customer independently. When recognizing a joint auction failed in cases established by law No. 44-FZ, the decision to conclude a contract with a single supplier (contractor, performer) and coordination of such a decision is carried out by customers independently in accordance with law No. 44-FZ.

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

In accordance with the Federal Law "On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs", the Government of the Russian Federation decides:

2. Recognize invalid:

decree of the Government of the Russian Federation of October 27, 2006 N 631 "On approval of the Regulation on the interaction of state and municipal customers, authorities authorized for the implementation of orders for the placement of orders for state or municipal customers, during joint auction" (Meeting of the legislation of the Russian Federation, 2006 , N 44, Art. 4602);

decree of the Government of the Russian Federation dated October 5, 2007 N 647 "On Amendments to the Regulation on the Cooperation of State and Municipal Customers, authorities authorized for the implementation of orders for the placement of orders for state or municipal customers, during joint auction" (Meeting of the legislation of the Russian Federation , 2007, N 42, Art. 5048).

rules
holding joint contests and auctions
(appliance. Decree of the Government of the Russian Federation of November 28, 2013 N 1088)

With changes and additions from:

At the same time, the authorized body, an authorized institution, to which authority is assigned only to the definition of suppliers (contractors, performers), may act as a part of the agreement only as the organizer of a joint competition or auction. The agreement contains information specified in Part 2 of Article 25 of the Federal Law.

5. The organization and holding of a joint competition or auction are carried out by the organizer to which other customers submitted on the basis of an agreement part of their powers on the organization and conduct of such a competition or auction. The joint competition or auction is carried out in the manner prescribed by the Federal Law against Competitions or Auctions.

6. In order to conduct a joint competition or auction, the organizer:

a) approves the composition of the Commission on the implementation of procurement, which includes representatives of the Parties to the Agreement in proportion to the volume of procurement carried out by each customer, in the total procurement, unless otherwise provided by the Agreement;

b) Develops and places in a unified information system in the sphere of procurement, a procurement notification, develops and sends an invitation to take part in a closed competition or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price, indicated in such notification, invitation and documentation for each lot, is defined as the sum of the initial (maximum) contract prices of each customer, and the rationale for such a price contains the rationale for the initial (maximum) prices of each customer's contracts;

c) provides documentation to stakeholders;

d) provides explanations of the provisions of the documentation;

e) if necessary, changes in the notice of procurement and (or) documentation;

e) accommodation in a unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law in determining the Supplier (Contractor, Contractor);

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

h) carries out other powers transferred to him by the Agreement.

7. The parties of the Agreement bear the cost of holding a joint competition or auction in proportion to the share of the initial (maximum) price of the contract of each customer in the total amount of the initial (maximum) contract prices, in order to conclude a joint competition or auction.

9. When recognizing a joint competition or auction, failed in cases established by the Federal Law, the decision to conclude a contract with the only supplier (contractor, performer) and the coordination of such a decision is carried out by customers independently in accordance with the Federal Law.

Pursuant to the new law on the contract system in the sphere of procurement of goods, works, services for state and municipal needs, the procedure for holding joint contests and auctions was established.

If 2 and more customers have the need for the same goods, work, services, they are entitled to hold joint contests or auctions.

For this, customers enter into a special agreement among themselves. This must be done before approving the competitive documentation or auction documentation.

After signing the agreement, customers contribute to the schedule information about the name of the organizer of a joint competition or auction.

The powers of the named organizer are prescribed. So, he claims the composition of the procurement commission. Provides documentation to interested parties and clarifies its provisions. Places information and documents required in the Procurement Information System in the Unified Information System in the Procurement (Contractor, Contractor).

The parties to the agreement bear the cost of conducting a joint competition or auction in proportion to the share of the initial (maximum) price of the contract of each customer in the total price amount.

The contract with the winner of the joint competition or auction lies with each customer independently.

If a joint competition or auction is recognized as invalid, the decision to conclude a contract with the only supplier (contractor, performer) is made by customers independently.

The former provision for joint trading is recognized as invalid.

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

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

This resolution comes into force on January 1, 2014, with the exception of clause 4 of the rules of joint competitions and auctions approved by this Decree, which comes into force on January 1, 2015

Training full-time and remote (on a computer, online).

Definition:

Decree of the Government of the Russian Federation of 27.10.2006 N 631 (Ed. From 05.10.2007) "On approval of the Regulation on the interaction of state and municipal customers, authorities authorized for the implementation of orders for the placement of orders for state or municipal customers, during joint auction":
"..Organizer joint trading is one of the customers authorized by other customers, authorized bodies submitted part of their functions on the organization and conduct of joint trading.

Joint trading are held on the purchase of single name products of the same name. If several state customers of the city have the need for the purchase of one product name (having the same codes on the all-Russian classifier of types of economic activity, products and services), in this case the data of the city's government customers have the right to carry out joint bidding or transfer joint bidding to the authorized body. At the same time, the needs of government customers are united in one lot, the state contract concludes with each state customer of the city in proportion to its needs.

For example, four government agencies have a need for the purchase of beef meat. At the first state institution, the need is 1000 kg, the second - 800 kg, in the third - 1200 kg, from the fourth - 1300 kg. The average market price of one kilogram of beef meat is 250 rubles. The total need for all four customers is 4300 kg. Total initial (maximum) price is 1075,000 rubles. (exceeds 1 million rubles).

Under these conditions, state customers of the city have the right to hold joint bidding. In this case, their total need is combined into one lot, according to the results of accommodation with the winner of the auction, individual government contracts are concluded with each state customer of the city in terms of its need laid in the technical task.

1.3. Joint trading can be carried out if there are no less than two state customers in the city of the same name in the same name, the same names of the same names.
To carry out joint trading, state customers of the city enter into a joint trade agreement (hereinafter - the Agreement) on the basis of an approximate form of an agreement on joint traded, developed by the Committee of Economic Development, Industrial Policy and Trade

The Agreement shall indicate:

a) information about customers and an authorized body conducting joint trading (hereinafter referred to as the parties to the Agreement);
b) information about the types and alleged amounts of orders for which joint trading is carried out;
c) the rights, duties and responsibility of the parties to the Agreement;
d) information about the organizer of joint trading, including the list of functions transferred to it by the Agreement Parties in order to conduct a bid;
e) the procedure and term for the formation of a competitive (auction) commission for placing an order (hereinafter - the Commission);
e) the procedure and deadlines for the development and approval of the competitive (auction) documentation;
g) the estimated timing of joint trading;
h) the procedure for payment of expenses related to the organization and joint trading;
and) the validity of the agreement;
k) the procedure for considering disputes and appeals;
l) other information determining the relationship between the Parties to the Agreement during joint trading.

2.3. Agreement on joint trading shall be signed by all state customers of the city, in the interests of which joint trading are held, as well as an authorized body

The parties to the agreement bear the cost of holding joint trading in proportion to the share of the initial (maximum) price of the contract of each state customer of the city in the total amount of the initial prices of contracts for placing orders for which joint trading is conducted.

The following functions are transmitted to the joint trading organizer:

deciding on the establishment of a competitive, auction commission, approval of its composition with the obligatory inclusion of customer representatives into it;
approval of the Regulation on the work of the Commission, the appointment of its chairman in accordance with the requirements of the Federal Law of July 21, 2005 No. 94-FZ "On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs";
development and approval of competitive documentation, auction documentation;
deciding on the establishment of fees for the provision of competitive documentation, documentation on auction and its amount in cases provided for by the Federal Law of July 21, 2005 No. 94-FZ "On the placement of orders for the supply of goods, work, the provision of services for state and municipal needs" ;
making a decision on establishing the requirement for providing applications for participation in the competition (auction);
making a decision on establishing the requirements of ensuring the execution of the municipal contract, the term and procedure for its provision;
publication in the official printing publication of the Rostov region and placement on the official website of the Rostov region on the Internet "Internet" on the time of information on placing orders;
providing competitive documentation, documentation on the auction to interested persons;
development with the attraction of customers and the direction of clarification of the provisions of the Competition Documentation, documentation on the auction participant participant in the placement of the order, which made the appropriate request, and posting clarification of the provisions of the Competition Documentation, the documentation on the auction on the official website of the Rostov region in the Internet "Internet";
amendments to the Competition Documentation, the documentation on the auction in the manner prescribed by the legislation of the Russian Federation;
obtaining and registering applications for participation in the competition (auction) ensuring their storage;
ensuring the confidentiality of information contained in applications for participation in the competition before opening envelopes with applications for participation in the competition;
implementation of audio recordings of opening envelopes with applications for participation in the competition, the implementation of the auction audio record;
organization of verification of applications for participation in the competition (auction) for compliance with the requirements of the legislation of the Russian Federation;
request for relevant authorities and organizations of information on the liquidation of a participant in the placement of an order - a legal entity submitted an application for participation in the competition or an application for participation in the auction, carrying out such a participant to place an order - a legal entity, an individual entrepreneur of bankruptcy procedure, on suspension of such activities The participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, on the presence of an arrears of such an order placement on accrued taxes, fees and other binding payments to the budgets of any level and in state extrabudgetary funds for the past calendar year, on appealing the availability of such debts and results complaints;
the direction of participants to place an order submitted applications for participation in the competition (auction) of notifications about the adopted competition (auction) commission for the placement of orders for admission to participate in the competition (auction) or on refusal to admit to participate in the competition (auction);
representing the participants of the competition (auction) of clarification of the results of the competition (auction);
storage of protocols drawn up during the competition (auction), applications for participation in the competition (auction), competitive documentation and documentation on auction, changes made to the competition documentation and documentation on auction, explanations of the competitive documentation and auction documentation, as well as audio recording Opening envelopes with applications for participation in the competition and audio recording of the auction.

When conducting joint bidding, the competitive documentation, the auction documentation should separately determine the bidding (lot) for each customer. Customers are developing technical tasks and projects of state contracts. The organizer of joint traded summarizes the proposals submitted by customers on the subject of joint bidding and forms a consolidated bidding, indicating the lots for each customer. When conducting joint trades, information about the name of customers, the number of goods supplied, the place, the conditions and timing of the supply of goods, the initial price of the municipal contract is given for each lot separately. In the notice of the competition, the auction of joint trading organizer publishes and places both general information about the bidding and detailed information for each lot. Competitive documentation, the documentation on the auction should be attached projects of municipal contracts.

11/19/2012 Services provided in different territories cannot be included in one lot, if it limits the number of trading participants

Two and more state (municipal) customers, the authorized body have the right to carry out joint trading for deliveries (implementation, rendering) of the same name (works, services).
The organizer of joint traders for the provision of services for the disposal of disabled people and the elderly formed 3 lots. At the same time, 1 lots were combined with services provided in several municipal regions.
The antimonopoly authority decided that such actions limit competition, reduce the number of bidders, and issued a prescription. The district court agreed with this conclusion.
According to the law, trademarks, service signs, branded names, patents, useful models, industrial samples, the name of the manufacturer or the place of origin of the goods should not be indicated in the Competitive Documentation. It also cannot contain requirements for the product, information, work, services that entail a limit on the number of participants in the order. The lotworks can not include goods, works, services, technologically and functionally not related to the subject of trading.
In the controversial case, due to the consolidation of lots, the size of providing an application for participation in the auction increased. This led to the ousting of business entities that do not have the financial opportunity to contribute large sums. The significance of the latter was due to the artificial association of services provided in different territories, in 1 lot.

Resolution of the Federal Arbitration Court of the Ural District of September 25, 2012 N F09-7482 / 12 in case No. A50-25886 / 2011 (Key topics: Joint Trading - Competition Documentation - Bidding Organizer - State Services - Member of Placement of the Order)

Yekaterinburg

Business N A50-25886 / 2011

The Federal Arbitration Court of the Ural District in the composition:

presiding

judges Cherkisova E.O., Vasilenko S.N.

examined at the court hearing the cassation complaint of the territorial administration of the Ministry of Social Development of the Perm Territory in Perm (OGRN 1065902055746, TIN 5902293361; further - the management) on the decision of the Arbitration Court of the Perm Region of March 14, 2012 in the case No. A50-25886 / 2011 and the decision of the seventeenth arbitrator Court of Appeal dated 28.05.2012 in the same case.

Persons participating in the case, about the time and place of consideration of the cassation complaint were notified properly, including publicly by posting information about the time and place of the court session on the website of the Federal Arbitration Court of the Ural District.

At the hearing, representatives of the Office - Kochegarov D.F. (power of attorney dated January 16, 2012 N 02-138), PLAY M.V. (power of attorney dated 17.09.2012 N 02-9243).

The Office appealed to the Arbitration Court of the Perm Territory with a statement about invalidation of the decision and prescription of the Office of the Federal Antimonopoly Service in the Perm Territory (OGRN 1025900536749, TIN 5902290360; further - the antimonopoly authority) of 11/18/2011.

Based on Art. 51 of the Arbitration Procedure Code of the Russian Federation to participate in the case as a third party who does not declare independent claims regarding the subject of the dispute, the Specialized Consulting Liability Company is attracted (hereinafter referred to as Society "Specialized Consulting").

By the decision of the court of 14.03.2012 (Judge Saxonova, A.N.) refused to satisfy the stated requirements.

By the decision of the seventeenth Arbitration Court of Appeal dated 28.05.2012 (Judges Grybinichenko OG, Vasheva E.E., Schekleina L.Yu.) The court decision was left unchanged.

In the cassation appeal, the Office asks the contested judicial acts to cancel, referring to the incorrect application by the courts of the norms of substantive law and the inconsistency of the conclusions of the courts by the actual circumstances of the case.

According to the applicant of the cassation complaint, the norms of the Federal Law of 21.07.2005 N 94-FZ "On the placement of orders for the supply of goods, the performance of work, the provision of services for state and municipal needs" (hereinafter referred to as the Federal Law of July 21, 2005 N 94-FZ) Not a ban on the union of lots on a territorial basis.

The applicant of the appeal believes that the competition documentation complies with the requirements of the Federal Law of July 21, 2005 N 94-FZ, and points to the unprovenness of the antimonopoly authority to limit the number of participants in the placement of the order, in connection with the union of the Bid Organizer in one lot of territorial signs.

The antimonopoly authority presented a review on the cassation complaint, in which he asked to refuse the complaint, noting that the circumstances of the case were established by the courts of first and appeal instances full and comprehensively, the dispute was allowed with the full examination of evidence in the case file and with the right application of material and procedural law. .

Having studied the arguments of the applicant of the cassation complaint, the court of cassation did not see the grounds for the abolition of the appealed judicial acts.

In accordance with Part 2.1 Art. 10 of the Federal Law of 21.07.2005 N 94-FZ when placing orders for the supply of goods, the performance of work, the provision of services by conducting a bidding can be allocated by lots for which in the notice of the competition or auction, in the competition documentation, the auction documentation separately indicates The subject, the initial (maximum) price, timing and other conditions for the supply of goods, performing work or service provision. An order to accommodate an application for participation in the competition or auction for a specific lot. With respect to each lot is a separate contract.

Part 6 of Art. 10 of the Federal Law of July 21, 2005 N 94-FZ provides that two and more customs officers authorized by the establishment of orders for the supply of goods of the same name, the implementation of the same name, the provision of the same name through joint trading.

The procedure for the interaction of persons participating in the organization of joint trading was established by the Decree of the Government of the Russian Federation of 10/27/2006 N 631 "On approval of the Regulation on the interaction of state and municipal customers, authorities authorized to implement orders for state or municipal customers when conducting joint A bid ", according to which the competition should conduct only one subject, the so-called bid organizer. The auction organizer is determined by agreement between customers, which is the approval of the tender documentation, and it is the auction organizer that is responsible for the course of the competition, develops and approves competition documentation for joint trading in accordance with the procedure and conditions established by the Agreement.

Rights, duties, responsibility of customers, authorized bodies in joint trading, the procedure for holding joint auctions are determined by the Agreement of the Parties in accordance with the Civil Code of the Russian Federation and the Federal Law of July 21, 2005 N 94-FZ. The contract with the winner or winners of joint trading lies with each customer who has conducted such bidding; Or each customer for whom the placement of the order by conducting trading was carried out by the authorized body.

In accordance with Part 1, 2 Art. 22 of the Federal Law of July 21, 2005 N 94-ФЗ Competition documentation is developed by the Customer, an authorized body, a specialized organization and is approved by the Customer authorized by the authority.

Competitive documentation should contain the requirements established by the Customer, an authorized body, to the quality, technical characteristics of goods, works, services, requirements for their safety, requirements for functional characteristics (consumer properties) of goods, requirements for size, packaging, shipment of goods, requirements for results Works and other indicators related to the definition of the compliance of the goods supplied, the work carried out, the services provided by the needs of the customer.

According to Part 3 of Art. 22 of the Federal Law of July 21, 2005 N 94-FZ Competition documentation should not contain an indication of trademarks, service signs, branded names, patents, useful models, industrial samples, the name of the origin of the goods or the name of the manufacturer, as well as the requirements for the product, information , Works, services, if such requirements entail a limit on the number of participants in the placement of the order.

In accordance with Art. 17 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition" (hereinafter referred to as the Federal Law of July 26, 2006 N 135-FZ) During Bidding, actions that lead or may lead to preventing, restriction or elimination of competition are prohibited.

By virtue of Part 3 of Art. 17 of the Federal Law of July 26, 2006 N 135-FZ, along with those established by Part 1, 2 of the named articles, when carrying out trading on the placement of orders for the supply of goods, the performance of work, the provision of services for state or municipal needs is prohibited to restrict competition between bidders by inclusion The composition of the lots of products (goods, works, services), technologically and functionally not associated with goods, works, services, supplies, execution, the provision of which is the subject of trading.

According to Part 1 of Art. 27, part 1 Art. 12 of the Federal Law of July 21, 2005 N 94-FZ An order to accommodate the order is not allowed to participate in the competition if its application does not comply with the requirements of the Competitive Documentation.

In the study of the circumstances of this case, the courts of the first and appeal instances found that the orders of the Ministry of Social Development of the Perm Territory from 06.09.2011 N SED-33-01-02-217, from 10/21/2011 N SED-33-01-02-276 " Placing a state order for the provision of state services "Narrowing service of persons with disabilities and elderly citizens" in 2012-2014 "approved the state order for the provision of public services in the field of social policy in 2012-2014 and budget allocations to state customers (territorial departments, inter-directorial departments of the Ministry Social development of the Perm Territory).

Agreement on conducting joint trading of 24.10.2011 No. 1 the organizer of joint trading is determined by the management.

10.28.2011 On the official website www.zakupki.gov.ru, the Office contains the notice N 0156200001511000029 on the holding of an open competition for the provision of state services "Narrowing service of persons with disabilities and elderly citizens".

According to the competitive documentation, 3 lots were formed by the Bid Organizer, while the place of execution of services was determined by the territory of several municipal regions of the region.

According to this section 5 of the information card for Lot N 1, the place of service is established as the territory: - G. Perm (Dzerzhinsky, Industrial, Kirovsky, Leninsky, Sverdlovsky, Motovilikhinsky, Ordzhonikidzevsky districts); Krasnokamsky and Nytnyansky municipal regions; Bereznikovsky urban district and the Usolsky municipal district; Solikamsky urban district and the Solikamsky municipal district; Krasnovisherist municipal district; Cherdynsky municipal district. Services in lots N 2, 3 should also be provided on the united territories of municipal regions of the Perm region.

The antimonopoly authority 11.11.2011 received a complaint from the Specialized Consulting Society on the actions of the State Customer when placing an order for providing services to provide state needs: Associate into one lot of services provided in several territories remote from each other.

According to the results of consideration of the complaint, the antimonopoly authority came to the conclusion that the contested actions of management lead to a limitation of the circle of persons participating in the competition, and decided on November 18, 2011 on the recognition of the actions of managing violating h. 3 of Art. 22 of the Federal Law of 21.07.2005 N 94-FZ. The basis for the decision-making was the conclusion of the antimonopoly authority that the association of the services provided in the territories submitted by several territorial bodies of the Ministry of Social Development of the Perm Territory entails a limitation of the number of participants in the order, because due to the consolidation of lots, the size increases providing applications; At the same time, the size of the execution of contracts entails the displacement of economic entities that are not able to fulfill the requirement to ensure the application, execution of contracts.

Based on this decision, the management issued an order to eliminate violations, in accordance with which the management was prescribed up to December 30, 2011, bidding is canceled (notice N 0156200001511000029); Post relevant information on the official website www.zakupki.gov.ru, as well as up to 09.12.2011, to submit to the antimonopoly authority, documentary confirmation of the execution of the prescription.

As follows from the materials of the case and established by the courts, the subject of the competition was the placement of an order for the provision of public services "Nearby service of disabled people and senior citizens" in 2012-2014. In one lot included services rendered in different territories of the Perm Territory. The need to combine services in one lot on a territorial basis The auction organizer led to the fact that there are no organizations that are not able to provide such services in all territories of state customers, which, in his opinion, can lead to the impossibility of selling a state order at a particular territory, as well as the absence of technical The possibilities of holding a large number of meetings of the Commission.

At the same time, the courts noted that the Office did not provide the rationale for the criteria, other indicators related to the definition of the compliance of the services provided by the needs of the customer.

In the study of the evidence available in the case file, according to the rules of Art. 65, 71 The Arbitration Procedure Code of the Russian Federation The courts of the first and appeal instance took into account that such an association should not be in conflict with the general principles of the Federal Law of 21.07.2005 N 94-FZ in terms of providing potential applicants for guarantees to realize their right to participate in bidding.

Assessing the evidence submitted to the case file according to the rules of Art. 71 of the Arbitration Procedure Code of the Russian Federation The courts of the first and appellate instance recognized the unlaimed association into one lot of services provided at different territories of the Perm Territory, lawfully concluded that such an association entails a restriction of competition in bid due to the reduction of the number of business entities that may participate In the auction, but do not have the financial possibility of making participation in the auction and to ensure the amount of the amounts, the significance of which has developed due to the artificial association of services provided in different territories of the Perm Territory, in one lot, which indicates a violation by the organizer of joint trading prohibition, established h. 3 Art. 22 of the Federal Law of 21.07.2005 N 94-FZ.

Thus, the courts are taken into account that the principle of union of lots applied by the Customer limits the circle of economic entities, including performers relating to small and medium businesses that will not be able to take part in the auction due to a significant increase in the size of ensuring the application and execution of contracts.

In addition, the courts noted that such a formation of lots and further providing one person in social services in the territory, subordinated by several territorial bodies of the Ministry of Social Development of the Perm Territory, is not aimed at an effective solution of issues related to the independent competence of the territorial bodies of the Ministry of Social Development of the Perm Territory, obliged to organize the direct provision of public services within the territory of the territory subordinate.

Under such circumstances, the courts refused to satisfy the claims.

The actual circumstances of the courts are established and investigated in full, the conclusions of the courts correspond to the evidence available in the case file.

The arguments of the Office set forth in the cassation appeal were the subject of consideration of the courts of the first and appeal instance, they are given a proper legal assessment, there are no foundations for its non-acceptance from the court of cassation. In addition, these arguments are aimed at reassessing the actual circumstances established by the courts of the actual circumstances and the evidence taken, which is unacceptable by virtue of the requirements provided for by Art. 286 Arbitration Procedure Code of the Russian Federation.

The norms of material law are applied by the courts of the first and appeal instance correctly. Violations of the norms of procedural law, which are by virtue of Part 4 of Art. 288 Arbitration Procedure Code of the Russian Federation, unconditional basis for cancellation of the decision, the decree of the Arbitration Court, was not detected.

Taking into account the above, the appealed judicial acts should be left unchanged, the cassation appeal is not satisfaction.

Guided by Art. 286, 287, 289 Arbitration Procedure Code of the Russian Federation, Court

Decided:

the decision of the Arbitration Court of the Perm Territory dated March 14, 2012 in case No. A50-25886 / 2011 and the decision of the seventeenth arbitration Court of Appeal dated 28.05.2012, in the same case, to leave unchanged, the cassation appeal of the territorial administration of the Ministry of Social Development of the Perm Territory in Perm - without Satisfaction.

Presidency

T.P. Sasplek

E.O. Cherkisov
S.N. Vasilenko

1. When implementing two and more customers, the procurement of the same goods, works, services such customers have the right to carry out joint contests or auctions. The rights, obligations and responsibilities of customers during joint competitions or auctions are determined by the Agreement of the Parties concluded in accordance with the Civil Code of the Russian Federation and this Federal Law. The contract with the winner or the winners of the joint competition or auction lies with each customer.

2. The organizer of the joint competition or the auction is the authorized body, an authorized institution in case of empowering them in accordance with Article 26 of this Federal Law or one of the customers, if other customers submitted to the authorized institution or customers on the basis of an agreement on the basis of an agreement Organization and holding joint competition or auction. The specified agreement must contain:

1) information on the parties to the agreement;

(Paragraph 1.1 of Part 2 of Article 25 of this Federal Law comes into force on January 1, 2015)

1.1) Purchase Identification Code;

3) initial (maximum) contract prices of each customer and the rationale for such prices by the relevant customer;

4) rights, duties and responsibility of the parties to the Agreement;

6) the procedure and term for the formation of the Commission on the implementation of procurement, the regulation of the work of such a commission;

10) the validity of the agreement;

11) the procedure for considering disputes;

12) other information defining the relationship between the Parties to the Agreement during a joint competition or auction.

3. The organizer of the joint contest or auction approves the composition of the Procurement Commission, which includes representatives of the Parties to the Agreement in proportion to the volume of procurement carried out by each customer, in the total procurement, unless otherwise provided by the Agreement.

4. The parties of the Agreement bear the cost of holding a joint competition or auction in proportion to the share of the initial (maximum) price of the contract of each Customer in the total amount of initial (maximum) contract prices, in order to conclude a joint competition or auction.

5. The procedure for holding joint competitions and auctions is established by the Government of the Russian Federation.

Download Resolution No. 1088

Government of the Russian Federation

On approval of rules
Holding joint contests and auctions

№ 533)

In accordance with the Federal Law "On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs", the Government of the Russian Federation decides:

1. To approve the attached rules for holding joint competitions and auctions.

2. Recognize invalid:
Resolution of the Government of the Russian Federation of October 27, 2006 No. 631 "On approval of the Regulation on the interaction of state and municipal customers, authorities authorized for the implementation of orders for the placement of orders for state or municipal customers, during joint auction" (Meeting of the legislation of the Russian Federation, 2006 , No. 44, Art. 4602);
Decree of the Government of the Russian Federation dated October 5, 2007 No. 647 "On Amendments to the Regulation on the Cooperation of State and Municipal Customers, authorities authorized for the implementation of orders for the placement of orders for state or municipal customers, during joint auction" (Meeting of the legislation of the Russian Federation , 2007, No. 42, Art. 5048).

3. This resolution enters into force on January 1, 2014, with the exception of clause 4 of the rules of joint competitions and auctions approved by this Resolution, which comes into force on January 1, 2015

Chairman of the government
Russian Federation
D.Medvedev

Approved
Decree of Government
Russian Federation
of November 28, 2013 № 1088

Rules for joint competitions and auctions

(as amended by the Decree of the Government of the Russian Federation of 09.06.2014 No. 533)

1. These Rules establish the procedure for holding joint contests and auctions.

2. When implementing two and more customers, the procurement of the same goods, works, services such customers have the right to carry out joint contests or auctions.

3. For the organization and holding of a joint competition or auction, customers, authorized bodies, authorized institutions that are relevant to the authority of which are defined in accordance with Article 26 of the Federal Law "On the Contract System in the Procurement of Goods, Works, Services for State and Municipal Needs" (hereinafter Accordingly, customers, federal law) conclude an agreement on the conduct of a joint competition or auction (hereinafter referred to as an agreement) before approving the competition documentation or documentation on the auction (hereinafter - documentation). At the same time, the authorized body, an authorized institution, to which authority is assigned only to the definition of suppliers (contractors, performers), may act as a part of the agreement only as the organizer of a joint competition or auction. The agreement contains information specified in Part 2 of Article 25 of the Federal Law.

4. After signing the Agreement, the Customers contribute to the schedule information about the name of the organizer of a joint competition or auction (hereinafter - the organizer).

6. In order to conduct a joint competition or auction, the organizer:
a) approves the composition of the Commission on the implementation of procurement, which includes representatives of the Parties to the Agreement in proportion to the volume of procurement carried out by each customer, in the total procurement, unless otherwise provided by the Agreement;
b) Develops and places in a unified information system in the sphere of procurement, a procurement notification, develops and sends an invitation to take part in a closed competition or auction, and also develops and approves documentation prepared in accordance with the Federal Law. The initial (maximum) price, indicated in such notification, invitation and documentation for each lot, is defined as the sum of the initial (maximum) contract prices of each customer, and the rationale for such a price contains the rationale for the initial (maximum) prices of each customer's contracts;
c) provides documentation to stakeholders;
d) provides explanations of the provisions of the documentation;
e) if necessary, changes in the notice of procurement and (or) documentation;
e) accommodation in a unified information system in the field of procurement of information and documents, the placement of which is provided for by the Federal Law in determining the Supplier (Contractor, Contractor);
g) sends copies of the protocols drawn up during a joint competition or auction, each party of the agreement no later than the day following the day of the signing of these protocols, as well as the authorized federal executive body in cases established by federal law cases;
h) carries out other powers transferred to him by the Agreement.

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