Purchase of equipment. Equipment supplies and purchases

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In Soviet times, foreign technological equipment was purchased exclusively by line ministries. The equipment to be purchased underwent mandatory examination at industry technological institutes and industry design organizations. Based on these examinations, one of the specialized all-Union foreign trade associations prepared a contract and purchased equipment. In parallel, the design organization carried out the necessary parts of the project for organizing the site, workshop, plant and ensured its approval by health authorities, state supervision, state technical supervision, etc.

This methodology made it possible, in most cases, to avoid gross errors and risks associated with the purchase and subsequent operation of equipment, because At all stages, each specific project was carried out by a large group of the most qualified specialists. Nevertheless, unsuccessful or not entirely successful projects did happen. Their reasons for failure were both subjective errors made by procurement participants and the state of the problem itself. 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 lower.

Currently, the responsibility for organizing the procurement of equipment lies with the manufacturing enterprises themselves. However, new market relations do not cancel the old, proven methodology.

There are three essential elements to organizing procurement:

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

This work does not fit into any strict framework and requires a creative approach, but some general recommendations are given below. The need to include a particular section or paragraph in the technical specifications is determined by the drafter of the technical specifications. The task of the technical specification is fundamentally simple - to briefly and clearly explain to the supplier (and to oneself) what, in fact, is supposed to be accomplished.

Composition and content of technical specifications for the purchase of equipment

1. General provisions

This section provides brief information on the quantity, types and parameters of the main sets of equipment, the supply of which is required by the Customer. In cases where equipment is purchased to complete a facility under construction (reconstruction), it is necessary to indicate the availability of design documentation and the presence of an expert opinion.

2. Place, term and conditions of equipment delivery

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

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

This section may indicate the limit price of equipment, both under the contract as a whole and for individual types of equipment, and the cost of related work/services. The limit price of equipment can be calculated based on previously completed similar deliveries, by conducting marketing research, etc.

4. List of sets of supplied equipment.

The list of equipment packages is compiled in order to provide sufficient information about the quantities of upcoming shipments so that requisitions can be prepared efficiently and accurately.

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

The list of supplied equipment is compiled on the basis of the project and/or based on 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 for the need to coordinate samples with the Customer when delivering specific equipment.

6. Technical requirements. Explanatory notes, drawings.

Precise and clear technical requirements are a prerequisite for the supplier to respond to the Customer's request with realistic and competitive technical and commercial proposals without significant reservations, deviations or additional conditions.

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

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

The text of the Technical Requirements includes the basic data for the supplied equipment. Specifications require that the equipment purchased and the materials used in that equipment must be new, unused, latest or current models, and reflect the latest advances in design and materials.

Technical requirements must be drawn up in such a way as to ensure the widest possible competition and at the same time provide a clear understanding of the required safety standards, workmanship, materials and performance characteristics of the purchased equipment, transportation, packaging and storage conditions of the equipment.

When drawing up technical requirements, it must be taken into account that they should not be restrictive. The standards and technical specifications specified in the tender documents must ensure that the basic technical requirements and other requirements for the purchased equipment are met. The requirements must contain information about the climatic design and equipment placement categories according to GOST, about the degree of protection according to GOST, about the level of vibration, noise, about the layout, placement and service areas of the equipment, about the weight of the equipment, installation, scheduled and major repairs of equipment, conditions its service. As far as possible, the technical requirements indicate specific standards accepted in international practice, which the purchased equipment must comply with, or Russian standards (GOST R).

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

The Technical Requirements may contain references to GOSTs and other general purpose standards. References to factory specifications, trademarks, factory marks, catalog numbers and other materials of a specific manufacturer of this equipment, as well as indication of a specific name or brand of product (if it is 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) technical requirements, after such a reference you should add “or an analogue (equivalent).”
It should be taken into account that the standards for materials and equipment specified in the Technical Requirements are only descriptive and not mandatory for foreign participants in the competition. The foreign supplier may present alternative standards, international or national, in its technical and commercial proposal, provided that the replacements made are substantially equivalent to or superior in quality to the products specified in the Customer's Technical Requirements.

All standards and criteria mentioned in the Technical Requirements are minimum. In each case, the supplier must prove that the equipment provided by him complies with the regulatory documents of the Russian Federation.

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

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

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

7. Attracting sub-suppliers.

If the Customer allows the equipment supplier to engage sub-suppliers, this section must indicate the conditions for their engagement. For example, the maximum percentage of the total supply volume for which subsuppliers can be involved may be specified. A condition may be specified - the inadmissibility of engaging sub-suppliers, or engaging them only with the written permission of the Customer.

8. Safety and environmental requirements.

If the contractor, in the process of fulfilling the contract, is required to carry out liability insurance to third parties, or if supplies and related services are associated with a possible danger to human life and health or environmental damage, this section must provide the corresponding necessary requirements.

9. Requirements for quality, reliability, manufacturer’s guarantees, product certification

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

10. Requirements for operation and maintenance of purchased equipment

This section may provide information on the warranty period of operation of the equipment, warranty operating time (within the warranty period of operation), and the guarantee of the correct choice of auxiliary equipment included in the package. 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 may also be provided here.

If necessary, the Customer must 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 deadlines

In order to avoid disputes during the execution of the contract, the documentation must indicate how the Customer will control and accept the equipment, and in what form reports on the progress of deliveries and the use of funds are required. Sample forms of various reports can be attached in this section.

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

Competition list is a system trade document that summarizes data on prices, technical and economic indicators, quality and commercial conditions for the sale of exported and imported products. Competitive sheets are an important source of materials for justifying, developing proposals and determining foreign trade prices when exporting and importing products, as well as during negotiations with partners to agree on a contract price. The content, quality and reliability of the 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
Names of indicators	required	proposed supplier com No. 1	proposed supplier com No. 2, etc.
1. General information about the object 1.1. Name 1.2. Type of work 1.3. Location (republic, region, region, district) 1.4. General characteristics of the object Brief description, list and characteristics of the installed main equipment, equipment layout, basic architectural and construction solutions, climatic conditions, seismicity 1.5. Possible types of transport to the construction site and around the territory 1.6. Unloading point 2. Quantity, completeness, delivery time of equipment 2.1. Quantity, sets 2.2. Delivery times 2.3. Contents of the complete delivery equipment 2.4. Delivery limits 3. Purpose, requirements for purpose 3.1. Purpose 3.2. Intended use requirements 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 ​​of environmental climatic factors according to Russian standards 5.2. Climatic design 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. Degree of protection according to Russian standards 5.5. Other requirements (vibration level, noise level, etc.) 5.6. Equipment layout requirements 5.7. Equipment placement 5.8. Equipment installation mark and maintenance site mark, m 5.9. Equipment location. 5.10. Weight of equipment. Mass of the heaviest element during installation and repair, tons 5.11. Dimensional installation drawing 5.12. Installation and repair Conditions for installation and major repairs Frequency and scope of planned repairs Terms of service 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. Guarantees of the correct choice of auxiliary equipment supplied 7. Reliability requirements 7.1. Average service life 7.2. Resource between major overhauls 7.3. Resource before write-off 7.4. Mean time between failures 7.5. Availability factor, not less 7.6. Conditions for meeting reliability indicators 8. Safety requirements 9. Environmental requirements Noise levels, emissions levels, etc. 10. Transportation, packaging, equipment storage conditions 10.1. Transportation Type of transport, need for special platforms, trailers 10.2. Type of packaging and labeling 10.3. Warehousing and storage conditions 11. Product certification information

The importance of carefully working out all sections of the technical specifications is associated with the following three circumstances

• in the course of writing the technical specifications, the customer begins to better imagine the subject of purchase and, in general, the goals and objectives of the project,
• technical specifications allow the supplier to more accurately understand what exactly the customer wants and eliminates many problems of mutual misunderstanding,
• the technical specifications, after agreeing on all issues with the supplier, are attached to the contract in the form of mandatory “Technical Conditions”, and become the basis for joint work between the customer and the supplier in the subsequent period of delivery, installation, commissioning and operation of the purchased machines.

The peculiarity of carrying out large transactions for new and, especially, non-serial equipment is that wishes made verbally during technical and commercial negotiations “cannot be translated into action” later, especially during the claim period. The technical specifications must reflect all the fundamental points and each sheet must be initialed by both parties. The supplier often wants to keep his hands free, the buyer has the right, in principle, to defend and secure his interests within reasonable limits.

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 understandable to the supplier.
2. However, technical specifications still cannot replace a painstaking negotiation process with the supplier to clarify all the necessary details. In this sense, a pre-designed 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 carry out the necessary examinations of the project in order to avoid problems in the future (sanitary issues, fire safety, etc.).

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

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 the legal framework is for purchasing complex equipment (and whether there are any specifics to this).

In order for the buyer to be able to purchase complex equipment, it is necessary to formulate the subject of the purchase. You need to know what exactly you need to purchase. It used to be easier to purchase, but with increasing pressure from the public, the government and the regulatory body, it has become more difficult. This leads to the second task - the formation of technical specifications. From an engineering perspective, complex equipment needs to be purchased correctly. Next, you need to determine 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 will not be possible.

For example, law 135-FZ states:

1. When conducting tenders, requesting price quotes for goods, requesting proposals 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 participants in these tenders, if such agreements are aimed at 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) creating for Participant […] or several Participants preferential conditions for participation in […], including through access to information, unless otherwise established 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 states that it is impossible to create advantages 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 part 1. You need to choose something as a technical characteristic, a participant’s assessment, but this cannot be done in the way required by the functional customer. And he is an engineer who knows what he wants to get, not in the form of a specification, 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 Article 17 apply, among other things, to all purchases of goods, works, and services carried out in accordance with the Federal Law of July 18, 2011 No. 223-FZ “On the purchase of goods, works, and services by certain types of legal entities.” That is, 135-FZ also 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 including 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 hardware as a material value, but also the installation of this equipment at the customer’s local site. It may turn out that the company provides the 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 taken in procurement must have a justification. Having your own service center is possible depending on what is stated in the documentation. Having a supplier's own service center is difficult to justify, but 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 most often not interested in having their equipment serviced by third parties. They are interested in being serviced by those who understand the equipment. There are certified and non-certified service centers. In Russia, most often there may be 1-2 service centers. There needs to be 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 subcustomers:

• 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);
• V) buyers(those who know how to purchase).

If equipment is purchased as a lease, then one of the requirements is the presence of the supplier’s own service center. Since the leasing company pays money now, and the customer pays later. If something is not repaired at a certified service center during the warranty period, the equipment will immediately be removed from warranty. This can also be taken into account when drawing up procurement documentation. The customer must require that the supplier have its own service center or enter into an agreement with an official service center that will service the equipment.

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

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

Nowadays, car production is a multi-corporate and multi-national activity. The glass is made by one plant, the tires by another, the body by a third. This is the norm. It’s a fact that the modern world allows people who are completely far from the automotive industry to create cars, which is confirmed by sophisticated equipment. There is only one question: where to get production components?

Formalization of the subject of procurement

Questions for the customer:

1. What to buy(requirements for the product, its technical parameters or (which is better) functionality, requirements for confirming the product’s compliance with the Customer’s needs (what certificates, licenses, etc. are needed);
2. Who should you buy from?(requirements for PPPs: their legal capacity, qualifications, requirements for confirmation of one and/or the other);
3. Which of the indicators products or SPP for the Customer are mandatory, which are desirable, which are undesirable, and which are unacceptable. In this case, it is necessary to clearly distinguish desirable parameters from mandatory ones, and undesirable ones from unacceptable ones.

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

Which indicators will be required, which are desirable and which are not? This needs to be looked at locally. Complex equipment cannot be purchased quickly. You need to have a justification: why the location of a service center is necessary in a certain area. Clear government procurement practice: establishing clear characteristics is a signal for the FAS and with a high degree of probability the purchase will be cancelled.

Specifying a certain radius is already enough. Some FAS say whether the rule has been 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 located at the customer’s place and is working, while the other is being tested by the contractor. This is a question for the 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 for the future production of other goods, 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 purchased and it is not a means of obtaining something else, then it is a technically complex product. Then you can move on to simple procurement procedures. There may not be any evaluation criteria. For example, if spare parts are purchased for replacement, then they are purchased as a given.

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

Example: internal combustion engine (ICE). He now has many competitors. It is very well researched and has many nuances. Some nuances may be innovative, while others may not. 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-FZ “On the Protection of Consumer Rights” dated 02/07/1992. There are 12 points that explain what complex goods are. But the buyer (legal entity) can hardly refer to this list, since the “Law on the Protection of Consumer Rights” 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 (machines) for the production of goods (cars, electronics, etc.).
• Execution of work
  Construction equipment for special work (tunneling machine, etc.).
• Provision of services
  Scientific and engineering equipment to support scientific activities (servers, telecommunications 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 himself 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 a consumer operating point of view, this is a simple piece of equipment. But from the point of view of creating something new, this equipment is complex. It is perfectly technologically thought out. Here the question of approach is: what do we want to get in the end? If the equipment is purchased as a final product for use by the consumer, then this may be technically complex, but the procurement participant cannot receive such requirements. Equipment is divided into goods and equipment that is 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 product are new and/or superior to 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 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 method of using the product that allows expanding the scope of its use (the emergence of medical “smart” watches" or fitness bracelets).

• Order No. 768 dated December 14, 2012 “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”
  These are documents from different departments. From the goal you can build a solution to the problem.
• Order of the Ministry of Industry and Trade dated November 8, 2012 No. NG-12327/17 “On approval of criteria for classifying goods, works, services as innovative and high-tech products in industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation”
• Order of the Ministry of Health dated 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”
• Decree of the Moscow Government dated 09/07/2010 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 complex equipment is understood as innovative goods, then different departments define the criteria for classifying goods as innovative in different ways.

Purchasing stages

• Needs identification
• Necessity of procurement

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

• Product requirements
• Validity of requirements

  These points must be kept silent until a certain date.

• Procurement documentation
• Purchasing rules

  Documentation is born from documents that were prepared earlier.

• Procurement procedure
• Objectivity of choice

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

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

Selecting a procedure

The purchase as such, including complex equipment, must necessarily follow a certain procedure. If for some reason you can buy such equipment for up to 100/500 thousand rubles, and if it is not prohibited to divide it into batches and objects, then the purchase will be unregulated. Yes, there will be suspicions of collusion, corruption, and so on, but many questions will also be removed. It is not certain that this will be permitted from the point of view of the procurement regulations.

If the procurement regulations can be edited, then a separate chapter “Purchase of complex, high-tech, innovative equipment” can be made, where it will be stated in what ways this particular equipment is purchased. If it is not known exactly what technical characteristics are needed, then there is a “competitive negotiations” procedure. This procedure does not fall under the Civil Code and can be canceled at any stage until the winner is selected (the protocol is signed). Everything else: bidding and so on - you need to look at the Regulations. It’s impossible to say for sure. I ask you to consider the purchase of equipment as an item and how it can be carried out from the point of view 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 specifications

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

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

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 needs to be purchased, then the number of parameters that the customer can accommodate is endless. When considering technical proposals, the selection will most accurately match the requirements to the technical specifications. The participant is assessed according to the requirements that he meets. That is, there is not a selection criterion, but an evaluation criterion.

As an example, generators purchased under 71-TPiR-2012-VolGES. The initial (maximum) price of the contract was more than 700 million rubles. This was a replacement of generators at the Volzhskaya hydroelectric station. This is not innovative 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 quite a lot of requirements in this case. All technical specifications, not counting drawings (54 sheets with links to which regulatory documents the product must comply with).

There is an interesting technique called the “preference matrix”. It is better to use it at the very beginning. This is a table that provides options for determining threshold requirements and assumptions. This is very similar to an electronic auction, where there is the first part of the application - the technical parameters of goods and services.

Conclusion for the buyer

The more accurately the technical specifications are drawn up, the more parameters are reflected in it, the higher the likelihood that the customer will receive the desired result. But too detailed technical specifications for specific equipment can be appealed to the FAS as a violation of 135-FZ. The more specific you are, the more likely you are to receive a complaint. If the technical specification is based on the characteristics of the specific equipment that is needed, there is a huge risk of receiving 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 unique. The tram is high-tech, but not innovative equipment. Many times in Moscow they wanted to replace trams and buy Siemens brand cars, but the network in Moscow is at least not ready. First you need to understand the network. Trams have been purchased but are not operational. Given such a network, purchasing such equipment is impractical.

Participant requirements

There are standard requirements that flowed from the government order:

General requirements- requirements that apply to all UPPs in any procurement, regardless of the subject of purchase (purpose of the equipment). They may change, but, as a rule, they remain the same in each purchase. For example, the participant must not be bankrupt, not be on the list of unscrupulous suppliers, and so on. These are formal requirements that all customers know.

Additional Requirements- requirements that may be individual depending on:

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

The customer does not have the right to remove the supplier for failure to provide a document that was not mentioned in the procurement documentation. The more documents required, the more must be indicated in the procurement documentation.

If a requirement is put forward, but it cannot be verified, it is a meaningless requirement. But then the question will arise for the participant - why put forward a requirement if it cannot be verified?

Criteria for determining the winner

Why are many companies moving from competitions, requests for proposals to auctions? It's 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 criteria are implemented, it is not described 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. There may not be any desirable ones. There may be mandatory ones: non-price and evaluative. The FAS really doesn’t like the expert assessment scheme and says that all criteria should be assessed with numbers.

As a rule, there are two types of examination:

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

Which option should I use? It depends on the customer's tasks. If there is a task to determine the winner as comprehensively as possible, who will work strictly for the customer, this is the second option. If the requirements are not too stringent, this is the first option.

Carrying out an examination

There is an assessment of competitive applications from the point of view 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 work is carried out under 223-FZ, the customer establishes the concept of expertise within the company. If the organization is large, then there are many experts there, 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. Best practices suggest that the most effective assessment system is an expert scoring system. When experts evaluate functional properties and then write a conclusion. Thus, before purchasing, a kind of equipment test is carried out. Each expert, upon receiving a participant’s proposal, must evaluate the compliance for each item. Each parameter is assessed in terms of criteria of different levels.

What does this give the customer? When he evaluates according to selection criteria, it forms a matrix of preferences, screening out participants.

Questions from participants

Can we determine the availability of a service center at the customer’s location?

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 establish a requirement for a service center at the customer’s location. You can indicate targeting in the form of a circle. Typically, a specific address is a clear limitation on competition. But if the range of availability is indicated, then we solve this issue.

Buying a car.

Answer: You need to look at the functionality of the customer. If the customer has certain requirements, then he will tailor the technical specifications to suit 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.

Are CSR cameras complex equipment?

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

Is geodetic equipment (GPS receivers, rangefinders) classified as complex equipment?

Answer: Most likely, if they do, it will be as complex equipment that is produced in a complex manner. They are used for their intended purpose and for the consumer - this is an ordinary product. 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 SMP and what is included there?

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

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

Answer: It's very difficult. For a buyer under 223-FZ, an attempt to get rid of garage-knee equipment can go like this: these are the prescribed requirements for the product, as well as replacement requirements. There is something like this with cars, 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 is a garage-knee and what is industrially produced equipment.

A dental clinic plans to purchase foundry equipment for a technical laboratory. We do not have the entire amount up to 300,000 rubles in stock. How to provide for the payment procedure for 6 months in the contract? How necessary is an auction and purchasing from a single supplier?

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

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

Answer: If the situation involves purchasing from a single supplier, then it is possible. If not, then you need to separate 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 evaluation criteria need to be set.

Several divisions are involved in the supply of equipment and its issues at the enterprise:

• procurement of equipment is the responsibility of suppliers,
• technologists are involved in creating operating parameters,
• production personnel operate the equipment,
• repaired by mechanics of the repair service.

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

Macro process of equipment delivery

If we consider the equipment supply process at the macro-process level, then the following stages can be distinguished:

Even efficient equipment does not always meet all the requirements of the production process, so it is recommended to produce several experimental mini-batches of products. During this time, you can verify the stability of the process and the result.

A separate point of the stage is the recording of equipment operating parameters 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 the stage is the equipment acceptance certificate. Since responsible persons put their signatures under the document, they treat the verification itself with greater responsibility.

Next in working with the equipment comes the stage of developing technical documentation, which collects operating instructions, work instructions, and technical regulations. At subsequent stages, before the equipment is taken out of service, it, as a rule, goes through the stages of scheduled preventative and current repairs, maintenance during operation, and performance analysis.

Features of equipment supply contracts

In order to eliminate disputes as much as possible in the future, the equipment supply agreement, in addition to standard clauses, must stipulate a number of significant factors:

Some of the factors mentioned may seem unnecessary, but negligence in these matters regularly affects the relationship with the supplier and is reflected in 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 equipment components (assemblies). There is no generally accepted concept of “complex equipment”, but there is a concept of “complex goods”, the definition of which is contained in paragraphs Decree of the Government of the Russian Federation No. 924, which can be associated with specific examples of equipment. So, “complex equipment” in the field of production of goods can include machines for the production of electronics, in the field of performing work - special equipment for laying tunnels, in the field of providing 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 excess of technical details, on the other hand. The problem is that the latter option (with technical detail of each requirement) allows the customer to receive the desired proposal with a greater probability, however, excessively detailed technical specifications for specific equipment may become the basis for an appeal to FAS as violations 135-FZ. A technical specification written off from the characteristics of a particular equipment (especially if it is not innovative), with strong competition from suppliers, has a greater chance of triggering a complaint.