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Several divisions are engaged in the supply of equipment and its problems at the enterprise:

• purchase of equipment - the area of \u200b\u200bresponsibility of suppliers,
• technologists are engaged in the creation of work parameters,
• the equipment is operated by production personnel,
• are being repaired - by the mechanics of the repair service.

It follows from this that equipment often becomes a conflict topic in the interaction of interested departments, and the issues of such interaction are part of the equipment supply problem. Some of the principles of the process of managing equipment and its procurement are similar for both manufacturing and service enterprises. Some are different. Its specificity also exists when purchasing complex high-tech equipment. But since the equipment belongs to one of the most capital-intensive articles of doing business, it is advisable to take into account all the nuances when purchasing.

Macro-process of equipment delivery

If we consider the process of supplying equipment at the level of the macroprocess, then the following stages can be distinguished in it:

Even functional equipment does not always fulfill all the requirements of the production process, therefore it is recommended to make several experimental mini-batches of products. During this time, you can be sure of the stability of the process and the result.

A separate point of the stage is considered to be the fixation of the parameters of the equipment during the testing process. The obtained data becomes the basis for creating technical documentation and rules for using equipment in mass production. The result of this stage is an act of acceptance of the equipment. Since the responsible persons put their signatures under the document, they treat the verification itself with greater responsibility.

Further, in working with the equipment, the stage of developing technical documentation follows, in which operating instructions, work instructions, technical regulations are collected. At subsequent stages, before the equipment is decommissioned, it usually goes through the stages of scheduled preventive and routine repairs, maintenance during operation, and analysis of work.

Features of contracts for the supply of equipment

For the maximum elimination of controversial issues in the future, in the equipment supply agreement, in addition to standard clauses, a number of significant factors should be stipulated:

Some of the factors mentioned may seem redundant, but negligence in these matters regularly affects the relationship with the supplier and affects the quality of the purchased equipment.

Specifics of purchasing "complex equipment"

"Complex equipment" here refers to technological and high-tech equipment that is necessary for the production of high-precision services and complex goods, as well as a set of related components (assemblies) of equipment. There is no generally accepted concept of "complex equipment", but there is the concept of "complex goods", the definition of which is contained in paragraphs Resolutions of the Government of the Russian Federation No. 924that can be associated with specific examples of equipment. So the "complex equipment" in the production of goods can be attributed to machines for the production of electronics, in the field of work - special equipment for tunneling, in the field of services - telecommunications equipment, etc.

The lack of definitions and regulations makes it difficult to enter the auction with a clear technical specification, on the one hand, and with an abundance of technical details, on the other. The problem is that the latter option (with technical detailing of each requirement) allows the customer to receive the desired offer with a greater probability, however, an excessively detailed technical task for a specific equipment may become the basis for an appeal against FAS as violations 135-FZ... A technical assignment written off from the characteristics of a specific equipment (especially if it is not innovative) with a strong competition of suppliers has a greater chance of provoking a complaint.

In Soviet times, foreign technological equipment was purchased exclusively by line ministries. The equipment proposed for the purchase has passed obligatory examination in the branch technological institutes and branch design organizations. On the basis of these examinations, one of the specialized all-Union foreign trade associations was preparing a contract and purchasing equipment. In parallel, the design organization carried out the necessary parts of the project for organizing a site, workshop, plant and ensured its approval by health authorities, state supervision, state technical supervision, etc.

This methodology allowed, in most cases, to avoid gross errors and risks associated with the purchase and subsequent operation of equipment, since at all stages, each specific project was carried out by a large group of the most qualified specialists. Nevertheless, unsuccessful or not quite successful projects did happen. Their reasons for failure were both subjective mistakes made by the procurement participants and the very state of the problem. Often the manufacturer and the customer strive to implement the latest technological advances, but this may also involve some risk. When purchasing serial equipment, these risks are naturally less.

Currently, the responsibility for organizing the procurement of equipment lies with the manufacturing enterprises themselves. However, the new market relations do not replace the old, tried and tested methodology.

There are three essential elements in organizing procurement:

• A - it is necessary to correctly draw up a task for prospective suppliers
• B - you need to timely involve the design organization
• B - it is imperative to systematize the information received from prospective suppliers (in the competitive list) and subject it to a thorough analysis.

This work does not fit into any rigid framework and requires a creative approach, but some general recommendations are given below. The need to include a particular section or item in the terms of reference is determined by the compiler of the TK. The task of the technical task is fundamentally simple - to briefly and clearly explain to the supplier (and to himself) what, in fact, is supposed to be done.

The composition and content of the terms of reference for the purchase of equipment

1. General Provisions

This section provides brief information on the number, types and parameters of the main sets of equipment, the delivery of which is required by the Customer. In cases when equipment is purchased for completing an object under construction (reconstructed), it is necessary to indicate the availability of design documentation, the presence of an expert opinion.

2. Place, time and terms of equipment delivery

In this section, it is necessary to indicate the place, time and basic conditions for the delivery of equipment, which will subsequently be reflected in the contract.

3. Limit prices for the complete supply of equipment and the provision of related services.

This section may indicate the limit price of equipment, both as a whole under the contract, and for certain types of equipment, the cost of related work / services. The limit price of equipment can be calculated for similar deliveries previously made, through marketing research, etc.

4. List of the supplied equipment sets.

The list of equipment kits is compiled in order to provide sufficient information on the volumes of upcoming deliveries so that the requests can be prepared efficiently and accurately.

5. List of supplied equipment and materials, scope of commissioning and equipment tests

The list of supplied equipment is drawn up on the basis of the project and / or proceeding from the technological conditions. The scope of commissioning and testing of equipment must correspond to the completeness of the equipment. This section may also contain a requirement on the need for the delivery of specific equipment to coordinate samples with the Customer.

6. Technical requirements. Explanatory notes, drawings.

Accurate and clear technical requirements are a prerequisite for the supplier to submit real and competitive technical and commercial proposals in response to the customer's request without significant reservations, deviations or additional conditions.

Technical requirements for the supply of equipment are fulfilled separately for each type of equipment and must include:

• text of technical requirements;
• table of technical indicators.

The text of the Technical Requirements includes basic data for the supplied equipment. According to the technical requirements, the purchased equipment and materials used in this equipment must be new, not previously used and represent the latest or modern models, as well as take into account the latest developments in the field of structures and materials.

Technical requirements should be drafted in such a way as to ensure the broadest possible competition and at the same time give a clear idea of \u200b\u200bthe necessary safety standards for the quality of performance, materials and performance characteristics of the purchased equipment, transportation, packaging and storage conditions of equipment.

When drawing up technical requirements, it should be borne in mind that they should not be restrictive. The standards and technical specifications specified in the tender documentation must ensure that the basic technical requirements and other requirements for the purchased equipment are met. The requirements must contain information on the climatic performance and categories of equipment placement in accordance with GOST, on the degree of protection in accordance with GOST, on the level of vibration, noise, on the layout, location and service areas of equipment, on the weight of equipment, installation, scheduled and overhaul of equipment, conditions its service. As far as possible, the technical requirements indicate specific standards adopted in international practice, which the purchased equipment must comply with, or Russian standards (GOST R).

The technical requirements should be developed based on the relevant performance requirements of the purchased equipment.

The Technical Requirements may contain references to GOSTs and other general norms. References to factory specifications, trade marks, trade marks, catalog numbers and other materials of a specific manufacturer of this equipment, as well as an indication of a specific name or brand of products (if not provided for by GOST) are not recommended.

If it is necessary to indicate a trademark or a specific manufacturer in order to clarify (supplement) the technical requirements, after such a reference, add “or an analogue (equivalent)”.
It should be noted that the standards for materials and equipment specified in the Technical Requirements are only descriptive for foreign bidders, and not mandatory. A foreign supplier may present in its technical and commercial proposal alternative standards, international or national, provided that the replacements made are substantially equal or superior in quality to the products specified in the Customer's Technical Requirements.

All norms and criteria mentioned in the Technical Requirements are minimal. The supplier in each case must prove that the equipment provided by him complies with the regulatory documents of the Russian Federation.

The technical requirements of the customer should, to the greatest extent possible, ensure that technical and commercial proposals received from different suppliers can be compared in terms of specific indicators adopted as criteria for evaluation.

This practically means that the technical part of the tender documentation must clearly, specifically and unambiguously set out all the Technical requirements, conditions, nomenclature and scope of work, which, in accordance with the tender documentation, must be reflected in the competitive list, and are set out in such a way that all participants in their applications submitted the relevant materials, firstly, in a unified form, and secondly, in a form that would contain indicators for all criteria by which the assessment of applications participating in the competition will be carried out. In this regard, it is preferable, where possible, to use a tabular presentation of the material.

For the most complete picture of the purchased equipment, all available materials, including explanatory notes, drawings, should be included in the technical task.

7. Attracting sub-suppliers.

If the Customer allows the supplier to attract sub-suppliers of equipment, this section must specify the conditions for their involvement. For example, the maximum percentage of the total supply for which sub-suppliers can be involved may be indicated. A condition may be specified - inadmissibility of attracting sub-suppliers, or attracting them only with the written permission of the Customer.

8. Requirements for safety, ecology.

In the event that the contractor is required to carry out third party liability insurance during the execution of the contract, or if the supplies and related services are associated with a possible danger to human life and health or environmental damage, this section must contain the relevant necessary requirements.

9. Requirements for quality, reliability, manufacturer's warranties, product certification

This section may contain references to codes and regulations, standards or other regulatory documents related to the quality of the equipment (if necessary). The following equipment parameters can be indicated here: average service life; resource between major overhauls; resource before cancellation; mean time between failures; availability factor, not less; conditions for fulfilling the reliability indicators.

10. Requirements for operation and maintenance of purchased equipment

This section can provide information on the warranty period of the equipment operation, the warranty operating time (within the warranty period), on the guarantee of the correct choice of the auxiliary equipment of the complete delivery. A list of spare parts and accessories for the period of warranty operation of the equipment and for a five-year period after the end of its warranty operation can also be given here.

Where necessary, the Customer shall establish requirements for the costs of operation and maintenance of the equipment.

11. Forms of reports on the progress of equipment delivery. Quality control and compliance with equipment delivery dates

In order to avoid disputes during the execution of the contract, the documentation must indicate how the Customer will control and accept equipment, in what form it is necessary to provide reports on the progress of supplies and on the use of funds. Sample forms of various reports may be attached in this section.

12. Approximate form of technical specifications and competitive list for the supply of equipment

Competition list (competition list) - a systemic trade document summarizing data on prices, technical and economic indicators, quality and commercial conditions for the sale of exported and imported products. Competitive lists are an important source of materials for justifying, developing proposals and determining foreign trade prices for export and import of products, as well as when negotiating with partners to agree on a contract price. The content, quality and reliability of information contained in competitive lists, the possibility of its effective use to determine prices for specific types of exported and imported products largely depend on the variety of accumulated data.

Indicator values

	Indicator values
Indicator names	required	the proposed supplier room number 1	the proposed supplier room number 2, etc.
1. General information about the object 1.1. Name 1.2. Type of work 1.3. Location (republic, territory, region, district) 1.4. General characteristics of the object Brief description, list and characteristics of the main equipment to be installed, equipment layout, main architectural and construction solutions, climatic conditions, seismicity 1.5. Possible modes of transport to the construction site and across the territory 1.6. Unloading point 2. Quantity, completeness, delivery time of equipment 2.1. Quantity, sets 2.2. Estimated delivery time 2.3. Composition of the complete equipment 2.4. Delivery limits 3. Appointment, requirements for appointment 3.1. Appointment 3.2. Requirements for the purpose 4. Main technical characteristics. 4.1. 4.1.1. 4.1.2. etc. 5. Technical requirements for design, manufacture and materials 5.1. Nominal values \u200b\u200bof climatic factors of the external environment according to Russian standards 5.2. Climatic performance and placement category according to Russian standards 5.3. Installation height above sea level, m The magnitude of the seismic impact intensity at which the equipment remains operational 5.4. Protection level according to Russian standards 5.5. Other requirements (vibration, noise, etc.) 5.6. Equipment layout requirements 5.7. Equipment placement 5.8. Equipment installation mark and service area mark, m 5.9. Equipment location. 5.10. Equipment weight. Weight of the heaviest element during installation and repair, tons 5.11. Dimensional Installation Drawing 5.12. Installation and repair Installation and overhaul conditions Frequency and volume of scheduled repairs Service conditions 5.13. Control methods Manufacturing quality control (acceptance tests, tests during repairs) 6. Manufacturer's guarantees 6.1. Warranty period 6.2. Warranty operating time within the warranty period 6.3. Guarantee of the correct choice of accessories for the complete set 7. Requirements for reliability 7.1. Average service life 7.2. Resource between overhauls 7.3. Resource before write-off 7.4. Mean time between failures 7.5. Availability factor, not less 7.6. Conditions for fulfilling reliability indicators 8. Safety requirements 9. Environmental requirements Noise levels, levels of harmful emissions, etc. 10. Transportation, packaging, storage conditions of equipment 10.1. Transportation Mode of transport, the need for special platforms, trailers 10.2. Type of packaging and labeling 10.3. Warehousing and storage conditions 11. Product certification data

The importance of thoroughly working out all sections of the TK is associated with the following three circumstances

• in the course of writing the technical specification, the customer begins to better understand the subject of the purchase and, in general, the goals and objectives of the project,
• the terms of reference allows the supplier to more accurately understand what the customer wants and eliminates many problems of mutual misunderstanding,
• the terms of reference, after agreeing on all issues with the supplier, is attached to the contract in the form of mandatory "Technical conditions", and becomes the basis for the joint work of the customer and the supplier in the subsequent period of delivery, installation, commissioning and operation of the purchased machines.

The peculiarity of the implementation of major transactions for new and, especially, non-serial equipment is that the wishes made in words during technical and commercial negotiations, then "you will not sew to the case" and especially during the claim period. The technical specifications must reflect all the fundamental points and each sheet must be initialed by both sides. The supplier often wants to keep his hands free, the buyer's right - in principle, within reasonable limits, to defend and consolidate his interests.

Note.
1. The technical conditions attached to the contract may have another name. It is important that you are satisfied with their content and that they are clear to the supplier.
2. Nevertheless, the terms of reference still cannot replace the painstaking negotiation process with the supplier to clarify all the necessary details. In this sense, a pre-drawn questionnaire is also desirable.

I would like to once again draw attention to the need to involve a certified local design organization in the procurement of equipment at an early stage and to carry out the necessary project reviews - in order to avoid problems in the future (sanitary issues, fire-technical issues, etc.).

There is some difficulty in the very writing of the technical task, because this job requires some experience. Here I recommend using, for example, the general and special technical conditions for the purchase of equipment and tools from AvtoVAZ, which contain a large number of ready-made formulations (for all occasions), as well as standards and specifications for the corresponding types of products, as a sample.

The legislative framework

There is no concept of "complex equipment" as such. Practical examples will be provided. First of all, it is necessary to understand what complex equipment is, what are the legislative bases for purchasing complex equipment (and is there any specificity in this).

In order for the buyer to be able to buy complex equipment, it is necessary to formulate the subject of the purchase. You need to know what exactly you need to buy. It used to be easier to buy, but with increasing pressure from the public, government and regulatory authority, this has become more difficult. Hence the second task follows - the formation of the technical task. From an engineering point of view, sophisticated equipment must be purchased correctly. Next, you need to determine the qualification requirements, selection criteria and evaluation of proposals.

What does the legislation mean by this? In addition to the Civil Code, there are 223-FZ and 135-FZ. Under the influence of certain situations, everything may turn out to be a restriction of competition from the point of view of the FAS, and this cannot be done.

For example, Law 135-FZ states:

1. When conducting auctions, requesting price quotations for goods, request for proposals are prohibited actions that lead or may lead to the prevention, restriction or elimination of competition, including:

1) coordination by the organizers [...] or customers of the activities of their participants, as well as the conclusion of agreements between the organizers of tenders and / or customers with the participants of these tenders, if such agreements have as their purpose or lead or may lead to restriction of competition and (or) the creation of preferential conditions for any participants, unless otherwise provided by the legislation of the Russian Federation;

2) creation for the Participant […] or several Participants of preferential conditions for participation in […], including through access to information, unless otherwise provided by federal law;

3) violation of the procedure for determining the winner or winners [...];

4) participation of organizers or customers and / or employees of organizers or employees of customers in […].

2 point of part 1 135-FZ says that it is impossible to create benefits for a participant or participants by providing access to information. It should be noted that not a single law, including 223-FZ, defines what “complex equipment” is. It is impossible to refer to the phrase “unless otherwise provided by the legislation of the Russian Federation”. That is, we can only watch 1 part. It is necessary to choose something as a technical characteristic, an assessment of the participant, but this cannot be done in the way that a functional customer needs. And he is an engineer who knows what he wants to get not in the form of a characteristic, but a brand or model with which to work. Here it is necessary to clearly distinguish between complex equipment and innovative products.

Provisions part 1 of article 17 apply, among other things, to all purchases of goods, works, services carried out in accordance with the Federal Law of July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities." That is, 135-FZ applies to purchases under 223-FZ.

Part 3 of Article 17: there is no direct prohibition on the purchase of complex equipment. There is a ban on the inclusion of technologically and functionally unrelated goods and services in one lot. The problem is that the delivery of complex equipment implies not only the supply of iron as material value, but also the installation of this equipment at the customer's local site. It may turn out that the company provides equipment, installation and delivery, and such a participant sees that he can perform several actions at once. But this is where the problems begin.

If we mean complex engineering equipment (for example, a turbine), then it is not in the warehouse, as it is produced for the customer. Any action that takes place in procurement must be justified. Having your own service center is possible depending on what is written in the documentation. It is difficult to justify having a supplier's own service center, but it is possible. It is important to competently approach the development of technical specifications and justify why the customer needs to receive service from this particular supplier. Equipment manufacturers are often not interested in having their equipment serviced by third parties. They are interested in being served by those who understand the equipment. There are certified and non-certified service centers. In Russia, most often there can be 1-2 service centers. You need protection and assurance that the equipment will work.

When a need is formalized, it is necessary to take into account the fact that any customer has 3 sub-customers:

• a) functional customer (who does the technical task);
• b) financiers, budget committee (the one who determines the initial (maximum) contract price and is responsible for the money supply);
• in) buyers (those who know how to purchase).

If equipment is purchased as a lease, then one of the requirements: the presence of the supplier's own service center. Since the leasing company pays money now, and the customer pays later. If during the warranty period something is repaired outside of a certified service center, the equipment is immediately removed from the warranty. This can also be taken into account when drawing up procurement documentation. The customer must require the supplier to have its own service center or to have a contract with an official service center that will service the equipment.

135-FZ allows any participant to challenge the customer's actions.

By law, a manufacturer is someone who has production facilities (machines, etc.). He can subcontract someone who is directly involved in the manufacture of products. It is not prohibited. If you need suppliers who will provide a land (property) contract, then, most likely, this will be challenged in the FAS. Perhaps this does not affect the result, but it is limiting competition. Other manufacturers may not have a warehouse and other areas available.

Today, car manufacturing is a multicorporate and multinational activity. The glass is made by one factory, the tires by another, the body by the third. This is the norm. As a fact, the modern world allows a person who is completely far from the automotive industry to create cars, which is also confirmed by complex equipment. The only question is: where to get the production components?

Formalization of the subject of procurement

Questions for the customer:

1. What to buy (requirements for products, their technical parameters or (which is better) functionality, requirements for confirming the conformity of products to the needs of the Customer (what certificates, licenses, etc.) are needed;
2. Who should buy (requirements for CPM: their legal capacity, qualifications, requirements for confirmation of one and / or another);
3. Which indicators products or CPM are obligatory for the Customer, which are desirable, which are undesirable, and which are unacceptable. At the same time, it is necessary to clearly distinguish desirable parameters from required ones, and undesirable ones - from unacceptable ones.

A complete evidence base is needed, it must be provided by a functional customer. If there is a certain project: a turbine, a transformer, a station, then certain equipment is bought for it. You can buy the unit as a replacement. The rules of good manners say that you need to describe the technical characteristics, and in the end, the equivalent suits them.

What metrics will be required, what are desirable and what are not? It must be looked at in place. Complex equipment cannot be bought quickly. You need to have a justification: why is it necessary to find a service center in a certain area. Clear practice of government orders: the establishment of clear characteristics is a signal for the FAS and with a high degree of probability the purchase will be canceled.

Specifying a certain radius is already enough. Some FASs say whether the rule is followed or not. The buyer determines that the service center is located within a certain radius, since the equipment exists in a single copy. For example, one sensor is at the customer's site and works, while the other is being tested by the contractor. This is a question for a functional customer. Under pressure from politics and other forces, it is necessary to purchase goods with a long life cycle. If money is given only for "hardware", then the accompanying requirements will be a problem.

What is "complex equipment"?

Complex equipment (complex technological equipment; high-tech equipment) - equipment (or a set of interconnected components) necessary to obtain other goods in the future, or necessary for the production of complex high-precision or other works (services).

That is, it is shared that if technically complex equipment (a car) is bought and it is not a means of obtaining something else, then this is a technically complex product. Then you can proceed to simple purchasing procedures. Evaluation criteria may or may not exist. For example, if parts are bought for replacement, then they are bought as a given.

Complex equipment it may or may not be innovative, i.e. be produced for a long time and have a sufficient number of competitive solutions.

Example: an internal combustion engine (ICE). He has many competitors now. It is very well researched and has many nuances. Some nuances may be innovative, and some may not be. But there is a definition of complex goods. It is reflected in the Decree of the Government of the Russian Federation dated November 10, 2011 No. 924 "On approval of the list of technically complex goods". It was issued as part of the implementation of 2300-1-ФЗ "On Protection of Consumer Rights" dated 07.02.1992. There are 12 points that explain what complex products are. But the purchaser (legal entity) can hardly refer to this list, since the Law on Consumer Protection does not apply to legal entities in the form in which it is necessary.

In the case of complex equipment, there is simplicity: the customer is his own boss, but it is also difficult: technological lines and conditions need to be prescribed and justified.

Examples of complex equipment

• Production of goods
  Equipment (machine tools) for the production of goods (cars; electronics, etc.).
• Execution of works
  Construction equipment for special work (harvester for laying tunnels, etc.).
• Service
  Scientific and engineering equipment for scientific activities (servers, telecommunication equipment).

The customer buys equipment to produce something. This is any equipment that is needed for a reason. The customer determines the complexity of the equipment for himself. It is important for the customer to independently determine the rules for themselves and define the terms, this greatly simplifies the work in the future, since here the customer sets the rules of the game.

We all use mobile phones. Is this equipment simple or complex? From the point of view of consumer operation, this is a simple piece of equipment. But in terms of creating something new, this equipment is complex. It is ideally technologically thought out. Here is the question of the approach: what do we want to get in the end? If the equipment is purchased as a final product for operation by the consumer, then it may be technically difficult, but the procurement participant cannot receive such requirements. The equipment is divided into goods and equipment, which are purchased with certain characteristics.

In addition, there are innovative products. Concepts "Innovative products" also no. But there are criteria by which it is determined:

• consumer properties (including functional characteristics) of the goods are new and / or exceed the consumer properties of previously produced goods;
• in the production of goods, the first introduced results of research, development and technological work are used;
• the consumer properties of the product are improved compared to the existing analogues, or, in the absence of direct analogues, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the product, or another way of using the product that allows to expand the scope of its use (the emergence of medical “smart hours "or fitness bracelets).

• Order dated 14.12.2012 No. 768 "On approval of the criteria for classifying medical devices as innovative products and (or) high-tech products for the purpose of forming a purchase plan for such products"
  These are documents from different departments. From the goal, you can build the solution to the problem.
• Order of the Ministry of Industry and Trade of 08.11.2012 No. NG-12327/17 "On approval of the criteria for classifying goods, works, services as innovative and high-tech products by industries related to the established area of \u200b\u200bactivity of the Ministry of Industry and Trade of the Russian Federation"
• Order of the Ministry of Health of December 27, 2012 No. 1568n "On approval of the criteria for classifying medical devices as innovative products and (or) high-tech products for the purpose of forming a procurement plan for such products"
• Resolution of the Moscow Government dated 07.09.2010 No. 784-PP "On the register of innovative products of small and medium-sized businesses in Moscow"

Conclusions:

a) There is no clear concept of "complex equipment".

b) If we mean innovative goods by complex equipment, then different departments define the criteria for classifying goods as innovative in different ways.

Procurement stages

• Identification of needs
• The need to purchase

  From this, the type of procedure is determined, as soon as requirements for the participant arise - this is already a request for proposals.

• Product requirements
• Reasonableness of claims

  These moments must be kept silent until a certain period.

• Procurement documentation
• Purchase rules

  Documentation is born from documents that have been prepared earlier.

• Purchasing procedure
• Objectivity of choice

  Based on the rules and requirements, the purchase itself is formed.

• Conclusion of a contract
• Compliance with the project
• Execution of the contract
• Correctness and efficiency

Choice of procedure

Purchase as such, including complex equipment, must necessarily fit into a certain procedure. If for some reason it is possible to buy such equipment up to 100/500 thousand rubles and if it is not forbidden to divide it into lots and objects, then the purchase will be unregulated. Yes, there will be suspicions of collusion, corruption and so on, but also many questions are removed. It is not a fact that this will be allowed from the point of view of the procurement regulation.

If it is possible to amend the procurement regulations, then it is generally possible to make a separate chapter "Purchase of complex, high-tech, innovative equipment", where it is possible to write down the methods by which this particular equipment is purchased. If it is not known exactly what technical characteristics are needed, then there is a “competitive negotiation” procedure. This procedure does not fall under the Civil Code and can be canceled at any stage before the selection of the winner (signing of the protocol). Everything else: bidding and so on - you need to look at the Regulations. It is impossible to say unequivocally. I ask you to perceive the purchase of equipment as an item and how it can be carried out in terms of the selection procedure.

Bidding is not an end in itself, but a procedure that must be carried out when other types of procedures are not available for various reasons: prohibited, large amount, specific type of product. Within the local regulatory framework, this is a natural right of the customer.

Technical task

There are rules of the good practice game, as they say in medicine:

1. Requirements for the CPM, including for subcontractors (qualifications). This is not an obligation and many companies do not include a supplier requirement in their terms of reference. To date, not a single regulatory legal act contains the form and depth of the technical task. There is only one GOST - software writing. Everything else is the creativity of the customer.
2. Requirements for the subject of procurement. It is more important than the bid price requirement.
3. Bid price requirement.

When we talk about complex equipment, there are two extremes. If it is technically impossible to describe the needs, then you need to invest in the first part. When the customer cannot specify specific parameters, then the requirement for the participant appears by itself. If there is a clear vision of how and what to buy, then the number of parameters that the customer can accommodate is infinite. When considering the technical proposals of the selection, there will be the most accurate compliance of the requirements with the terms of reference. The participant is evaluated according to the requirements that he meets. That is, there is not a selection but an evaluation criterion.

As an example - generators for the purchase of 71-TPiR-2012-VolGES. The initial (maximum) contract price was over RUB 700 million. This was the replacement of generators at the Volzhskaya HPP. This is not an innovative piece of equipment. This is an example of complex equipment. The customer must indicate the characteristics so that they are understandable to professionals. It is necessary that professionals understand to the letter what they want to get from them. There were a lot of requirements in this case. The entire technical assignment, not counting the drawings (54 sheets with links to which regulatory documents the product must comply with).

There is an interesting technique called "preference matrix". It is better to apply it at the very beginning. This is a table that identifies the options by which threshold requirements and assumptions can be determined. It is very similar to an electronic auction, where the first part of the bid exists - the technical parameters of goods and services.

Conclusion for the buyer

The more accurately the TK will be drawn up, the more parameters it will reflect, the higher the likelihood that the customer will receive the desired result. But too detailed TK for specific equipment can be appealed to the FAS as a violation of 135-FZ. The more specific it is, the more likely you are to receive a complaint. If the terms of reference are written off from the characteristics of the specific equipment that is needed, there is a huge risk of getting a complaint from a competing company. Complex equipment that is not innovative can be sold by many companies.

For example, a tram car. They are all very peculiar. The tram is hi-tech, but not innovative equipment. Many times in Moscow they wanted to replace trams, buy cars of the Siemens brand, but the network in Moscow is at least not ready. First you need to deal with the network. The trams have been purchased but are not operational. Given such a network, it is impractical to purchase such equipment.

Participant requirements

There are standard requirements that flowed from the government order:

General requirements - the requirements that apply to all VMIs in any purchases, regardless of the subject of the purchase (the purpose of the equipment). May vary, but generally remain the same in every purchase. For example, a participant must not be bankrupt, not be on the list of unscrupulous suppliers, and so on. These are the formal requirements that all customers know.

Additional requirements - requirements that may be individual depending on:

• the subject of purchase (type of equipment);
• areas of application;
• customer conditions;
• requirements of regulatory legal acts (a special type, which is regulated by additional documents);
• prohibition / admission of collective, general CPM, co-executors.

The customer does not have the right to remove the supplier for the fact that he did not provide a document that was not mentioned in the procurement documentation. The more documents are required, the more should be indicated in the procurement documentation.

If a demand is put forward, but it is impossible to verify it, this is a meaningless demand. But then the question arises from the participant - why put forward a demand if it cannot be verified?

Criteria for determining the winner

Why are many companies moving from tenders, requests for proposals to auctions? Everything is very simple. When someone develops a procurement regulation, most often the evaluation criteria do not take into account the specifics of the company. When the implementation of the criteria comes, it does not describe how and where to apply them. It turns out that the evaluation criteria are changing on their own or companies are directively switching to an electronic auction. The criteria are divided into mandatory and desirable. Desirable may not be. There may be mandatory: non-price and estimated. FAS does not like the peer review scheme very much and says that all criteria should be assessed in numbers.

As a rule, there are two types of expertise:

1. Compliance with the requirements, complexity of documents, technical parameters.
2. Compliance with the requirements, the complexity of documents, technical parameters + Eligibility, reliability, financial stability.

Which option to use? It depends on the tasks of the customer. If there is a task to determine the winner as comprehensively as possible, who will work strictly according to the customer - this is the second option. If the requirements are not too strict, this is the first option.

Expertise

There is an assessment of bids in terms of financial and technical expertise. Members of the commission and only members of the commission can act as experts - according to law 44-FZ. And when the work proceeds according to 223-FZ, the customer establishes the concept of expertise within the company. If the organization is large, then there are many experts, unlike a small company.

In terms of scoring, there is a price preference, which is also given points. These are payment costs and annual operating costs. Non-price preference is everything else. The best practices say that the most effective assessment system is the expert point one. When experts assess functional properties and then write an opinion. Thus, a kind of equipment test is carried out before purchasing. Each expert, receiving a proposal from a participant, must assess the compliance with each item. Each parameter is assessed in terms of criteria of different levels.

What does this give the customer? When it evaluates by selection criteria, it forms a preference matrix, weeding out participants.

Participants' questions

Can we establish the availability of a service center at the location of the customer?

Answer: Yes and no. If the equipment is of a consumer nature, that is, it has a short lifespan or is of little value, it is not necessary. It is hardly possible to set the requirement for a service center at the location of the customer. You can specify targeting in the form of a circle. Typically, a specific address is a clear restriction on competition. But if the circle of availability is indicated, then this issue is resolved.

Buying a car.

Answer: You need to look at the functionality of the customer. If the customer has certain requirements, he will sharpen the terms of reference for them. If a car is needed as a car, then this is one thing - there are more requirements for the product than for the participant and performer.

CSR cameras - sophisticated equipment?

Answer: If the customer believes that these cameras are complex equipment, then it is necessary to prepare accordingly. It is necessary to divide the need into three parts: the technical characteristics of what will be purchased, the requirements for the participant with the transition to the supplier, the matrix on the availability of competing solutions. If this is not done, then the inconsistency can cause grievances and complaints. Complaints are now free and anyone can write them as much as they want. Often the customer goes to the OFAS with all the documents and explains the situation. From the point of view of 223-ФЗ there are no problems, but 135-ФЗ leaves its mark. When specific equipment is specified in the project, it is a hazard

Are geodetic equipment (GPS receivers, range finders) a complex piece of equipment?

Answer: Most likely, if they are, then it is as complex equipment that is difficult to produce. They are used for their intended purpose and for the consumer - they are ordinary goods. The depth of the technical solution does not matter, but the purpose of use and additional and specific factors of use are important.

How to correctly calculate the NSR and what does it include?

Answer: From the Procurement Plan - there is a normative act and subcontracting.

How to correctly get rid of the supply of garage-knee equipment?

Answer: It is very difficult. For a buyer under 223-FZ, an attempt to get rid of garage-knee equipment can go like this: these are prescribed requirements for the product, as well as replacement requirements. Cars have this when a replacement product is issued. If this is not the case, then this is a problem. In Russia, there is no explicit description of what a garage-knee is, and what an industrially manufactured equipment is.

The dental clinic plans to purchase foundry equipment for a technical laboratory. We do not have the entire amount up to 300,000 rubles. How to provide for a settlement procedure for 6 months in the contract? Is it necessary to auction and purchase from a single supplier?

Answer: The Regulations state that up to 700,000 rubles is quite acceptable. Any controller will tell you what to buy at the bidding procedure. If there is an entry in the Regulations that it is necessary to purchase up to 700,000 rubles of anything, it will be strange if the company does not do this. But all this will need to be confirmed by documents. If there is permission under 223-FZ, then the auction is not required.

Purchase of interactive equipment: touch tables, whiteboards. Is it possible to purchase from a single supplier up to 400,000 rubles?

Answer: If a purchase from a single supplier falls into the position, then it is possible. If not, then it is necessary to split the equipment up to 100,000 rubles and make purchases separately. Such equipment can be complex - it all depends on the purpose of the purchase. And then it becomes clearer what assessment criteria should be set.

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