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Regulations on the procurement of goods,
works, services
RI-GD-148
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APPROVED
Board of Directors;
Aeroflot, PJCS January 22, 2019
(Protocol No. 11 dated January 22, 2019)
REGULATIONS
on the procurement of goods, works,
services
Document type: Operating instruction
Valid from: Approval dates
Developer: Arkhipova S.L. Tel.: 2426 [email protected]
Regulations on the procurement of goods,
works, services
RI-GD-148
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DOCUMENT HISTORY RECORD
Document status
(Baseline
document/Revision/Termination)
Document
revision
Commencement
/Cancellation
Date
Note
Basic In accordance with the changes
made to the current regulations.
Instead of RI-GD-148G
approved by the Board of
Directors on September 28,
2017, Protocol No. 3 as
amended by No. 1, approved by
the Board of Directors on
February 1, 2018 Protocol No.
8
Regulations on the procurement of goods,
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RI-GD-148
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Contents
1. General Provisions .................................................................................................................. 4 2. Legal regulation of procurement activities ............................................................................. 8 3. Procurement information support ........................................................................................... 8 4. Planning ................................................................................................................................ 10 5. Procurement methods and features of their conduct ............................................................ 11 6. Choosing a method of procurement...................................................................................... 22 7. General procurement requirements ...................................................................................... 25 8. Competition Procedure ......................................................................................................... 47 9. Auction procedure ................................................................................................................ 52 10. Order of the request for proposals ...................................................................................... 56 11. Order of the request for quotations ..................................................................................... 59 12. The order of the competitive selection, price selection ...................................................... 61 13. Procurement from a single supplier .................................................................................... 63 14. The procedure for conducting small purchases .................................................................. 63 15. The procedure for conducting the procedure for the accreditation selection of suppliers of
ATI and services for urgent non-routine maintenance services of AT..................................... 63 16. Features of the procurement procedure of expensive special equipment ........................... 64 17. Features of the procurement procedures of the aircraft leasing services ............................ 65 18. Conducting competitive purchases among only small and medium-sized businesses ....... 66 19. Conclusion and execution of the contract........................................................................... 67 20. Rights and obligations ........................................................................................................ 71 Annex No. 1 .............................................................................................................................. 73 Counter-party Information ........................................................................................................ 73 Annex No. 2 .............................................................................................................................. 74 Bid form for participation in the request for quotations in electronic form ............................. 74 Annex No. 3 .............................................................................................................................. 76 The list of interdependent organizations .................................................................................. 76
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RI-GD-148
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1. General Provisions
1.1. The provision on the procurement of goods, works, services (hereinafter referred to
as RI-GD-148X1) regulates relations on the procurement of goods, works and services for the
needs of Aeroflot, PJSC (hereinafter referred to as the customer), determines the procedure for
the preparation and implementation of procurement in the ways specified in the 5RI-GD-148Х
including procurement requirements: the procedure for preparing and conducting procurement
(including methods of procurement) and the conditions for their use, the procedure for
concluding and executing the contracts.
1.2. RI-GD-148X was developed in accordance with the Federal Law
“On Procurement of Goods, Works, Services by Certain Types of Legal Entities” dated June
18, 2011 No. 223-FL (hereinafter referred to as the Federal Law No. 223-FL).
1.3. If the notice of purchase is placed before the Commencement Date of
RI-GD-148X, then such purchase (including summing up) is carried out in the order in effect
at the date of publication of the notice.
1.4. RI-GD-148X applies to all processes related to the procurement of goods,
performance of works and the provision of services for Aeroflot, PJSC including separate
subdivisions, branches and representative offices, except for the cases specified in Paragraph 4
of Article 1 of Federal Law No. 223-FL.
1.5. RI-GD-148Х does not regulate relations connected with the implementation by the
customer of purchases from legal entities that are recognized as interdependent with them in
accordance with the Tax Code of the Russian Federation. The list of interdependent
organizations for purchases from which the requirements of RI-GD-148X do not apply, as well
as the rationale for the inclusion of such entities in the specified list is provided in Appendix 3
to RI-GD-148X.
1.6. In cases of procurement of goods, works, services (hereinafter-products), the cost
of which is equal to or greater than the size of a major transaction, the procurement is
coordinated in accordance with the legislation of the Russian Federation.
1.7. RI-GD-148X regulates relations on product procurement in order to:
1.7.1. Ensuring the unity of the economic space.
1.7.2. Creation of conditions for timely and complete satisfaction of customer needs in
products including for commercial use with the necessary indicators of price, quality and
reliability.
1.7.3. Efficient use of deniers.
1.7.4. Expansion of opportunities for legal entities and individual persons to participate
in the procurement of products for the needs of the customer and to encourage such
participation.
1.7.5. Development of fair competition.
1.7.6. Ensuring publicity and transparency of procurement.
1.7.7. Prevention of corruption and other abuses.
1.8. When purchasing products, the customer is guided by the following principles:
1.8.1. Information openness of procurement.
1.8.2. Equality, fairness, non-discrimination and unreasonable restrictions on
competition with respect to procurement participants.
1.8.3. Targeted and cost-effective spending of money on the purchase of products
(taking into account, if necessary, the cost of the life cycle of the purchased products) and the
implementation of the measures aimed at reducing customer costs. The contract value (price of
1 Here the identification number with the ending "X" denotes the current status of the current revision of
the document. The relevance of the document should be checked on the official website of Aeroflot, PJSC (link: http://www.aeroflot.ru/cms/about/retail_center/documentation).
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the lot) is one of the basic criteria when determining the winning bidder of a competitive
purchase.
1.8.4. No restriction of access to participation in procurement by establishing non-
measurable requirements for procurement participants.
1.9. Terms, Definitions and Abbreviations
subscription contract is an agreement with the execution on demand when one of the
parties (the subscriber) must make payments for the right to demand from the other party (the
contractor) the provision of services or other performance in a certain amount or quantity;
aviation equipment (hereinafter-AE) is an aircraft including its onboard equipment,
units, aircraft engines (AE), auxiliary power units (APU) and aircraft rescue equipment;
aviation technical equipment (hereinafter-ATE) are the AE components, spare parts,
aviation materials, ground equipment, equipment and tools that provide operation and repair of
AE;
alternative proposal is a proposal of the procurement participant submitted in addition
to the main one and containing one or several changes related to the organizational and technical
solutions contained in the main offer, commercial decisions, characteristics of the supplied
products or terms and conditions of the contract;
procurement documentation is a set of documents containing complete information
about the subject, conditions of participation and procurement rules, rules for preparing,
processing and submitting a commercial proposal to the procurement participant, rules for
selecting the winning bidder, as well as the conditions of the contract concluded as a result of
the procurement;
expensive special equipment is ground maintenance equipment for general use and
special use, apron mechanization tools, the initial (maximum) price for one unit of which is
greater than or equal to the amount equivalent to one hundred thousand US dollars or the initial
(maximum) price of the entire volume purchased under the contract (lot) greater than or equal
to the equivalent of five hundred thousand US dollars;
unified information system (hereinafter-UIS) is a set of information contained in
databases, information technologies and technical means that ensure the formation, processing,
storage of such information, as well as its provision using the official website of a single
information system in the field of procurement in information and telecommunications the
Internet;
procurement is a procedure carried out in accordance with RI-GD-148X and aimed at
meeting the product needs of Aeroflot, PJSC;
collective participant is a participant represented by an association of legal entities
and/or individual persons including individual entrepreneurs, the relations between which are
arranged in accordance with the terms of the procurement documentation;
competitive procurement is procurement, during which the selection of the best
supplier is carried out on the basis of a comparison of proposals (competition) of several
independent procurement participants;
tender committee (procurement commission) is a collegial body created by the
customer to make decisions when conducting competitive and non-competitive purchases
including to determine the method and the winning bidder of the procurement;
consolidated procurement is a purchase of products for the needs of Aeroflot, PJSC
and its subsidiaries (hereinafter-subsidiaries);
conflict of interests is a situation in which the personal interest (direct or indirect) of
an employee of an organization affects or may affect the proper, objective and impartial
performance of job (official) duties by him (the exercise of authority);
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corporate system is a system designed for the procurement activities of Aeroflot, PJSC
in accordance with RI-GD-148X and ensuring interaction between the customer and
procurement participants (website on the Internet is https://trade.aeroflot.ru);
corruption is an abuse of power, giving a bribe, accepting a bribe, abuse of authority,
commercial bribery or other unlawful use by an individual person of his official position
contrary to the legitimate interests of society and the state in order to obtain benefits in the form
of money, valuables, other property or services, property rights for oneself or for third parties
or the unlawful provision of such benefits to a specified person by other individual persons as
well as the performance of the said Acts on behalf of or in the interests of a legal entity;
lot is a purchased product clearly separated in the procurement documentation,
for which a separate application and a separate bid are required as part of the purchase;
the initial (maximum) contract value is the maximum allowable contract value
determined by the customer in the notice of procurement, procurement documentation;
non-competitive procurement is a procurement that does not provide the
competitiveness of proposals of independent participants;
electronic platform operator is a legal entity that is a commercial organization
established in accordance with the legislation of the Russian Federation in the organizational
and legal form of a limited liability company or a non-public joint-stock company, in the
authorized capital of which the share of foreign citizens, stateless persons, foreign legal entities
or the number of voting shares owned by these citizens and individuals, is not more than twenty-
five percent, owning an electronic platform, including the number of equipment and
software and hardware necessary for its operation (hereinafter-the software and hardware of the
electronic platform) and ensuring the conduct of competitive purchases in electronic form in
accordance with the provisions of Federal Law No. 223-FL;
supplier definition (performer, contractor) is a set of actions that are carried out by
customers in the manner prescribed by Federal Law No. 223-FL starting with the placement of
a notice of purchase or in cases established by Federal Law No. 223-FL from sending an
invitation to participate in determining a supplier (contractor, performer) and ending with the
determination of the winning bidder of the purchase or recognition of the purchase failed;
re-ordering is a voluntary improvement by participants of the initial information of
applications aimed at improving the results of the main stage of the procurement (consideration
and evaluation of applications);
the winning bidder is a procurement participant who made the best offer in accordance
with the terms of the procurement documentation;
supplier (performer, contractor) is any legal entity or individual person, or an
association of these persons capable of legally supplying the required products;
pre-qualification selection (hereinafter referred to as PQS) is an assessment of the
participants' compliance with the requirements carried out in the form of a separate procedure
(stage) before submitting applications with technical and commercial proposals;
subject of the purchase is the product that is supposed to be delivered (completed,
rendered) to the customer under the conditions specified in the procurement documentation;
products are goods, works, services, where:
а) goods are any items (material objects). Goods, in particular, include products,
equipment, energy carriers and electrical energy;
б) work is any activity whose results have a tangible expression and can be
implemented to meet the needs of the customer. Works, in particular, include activities related
to the construction, reconstruction, demolition, repair or renovation of a building, structure or
facility, including preparation of a construction site, excavation, erection, construction,
installation of equipment or materials, finishing works and also related construction work, such
as drilling, surveying, satellite imagery, seismic surveys and similar works;
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в) services are any activity whose results have no material expression, including
consulting and legal services, repair and maintenance of computer, office and other equipment,
software development and transfer of rights (operating licenses) to use it, as well as the
provision of movable and immovable property;
framework agreement (agreement with open terms and conditions) is an agreement
defining the general conditions of obligatory relations between the parties, which can be refined
and specified by the parties by entering into separate agreements, filing applications from one
of the parties or otherwise on the basis of or pursuant to the framework agreement;
procurement method is a type of procurement stipulated by RI-GD-148X which
determines the actions prescribed for unconditional execution in the course of procurement;
biddings are competitive purchases conducted in the following ways:
а) auction is a form of bidding in which the winning bidder of the auction with which
the contract is concluded is the person whose bid meets the requirements established by the
procurement documentation and who offered the lowest contract value by lowering the initial
(maximum) contract value specified in the procurement notice, the amount specified in the
procurement documentation (hereinafter referred to as the "auction step");
б) tender is a form of bidding in which the winning bidder is recognized as a participant
in a competitive procurement, participation bid in competitive procurement, the final offer of
which meets the requirements established by the procurement documentation and a bid, the
final offer of which based on the results of matching of bids, final offers based on specified in
the documentation on such a procurement evaluation criteria contains the best terms and
conditions for the execution of the contract;
в) request for quotations is a form of bidding in which the winning bidder is
recognized as the procurement participant, the bid of which meets the requirements established
by the notice of purchase and contains the lowest contract value;
г) request for proposals is a form of bidding in which the bidder is recognized as the
winning bidder of the request for proposals, a procurement participation bid
in which meets the requirements for procurement documentation and basically meets the
requirements for procurement and contains the best conditions for the supply of goods,
performance of work or a service request;
procurement participant is any legal entity or several legal entities acting on the side
of one procurement participant regardless of the legal form, form of ownership, location and
place of origin of capital, or any individual person or several individual persons acting
on the side of one procurement participant including a sole proprietor or several individual
entrepreneurs acting on the side of one procurement participant;
extraordinary event is force majeure circumstances that could not be foreseen in
advance and which create a clear and significant danger to human life and health, the state of
the environment or the property interests of the customer;
expert -is an impartial person who has in their respective fields specialized knowledge
sufficient to conduct an assessment of applications on any particular criteria;
electronic platform is a website on the Internet where, in accordance
with the requirements of Federal Law No. 223-FL, purchases may be made
in electronic form (hereinafter referred to as the ETP);
electronic signature is information in electronic form that is attached to other
information in electronic form (signed information) or otherwise associated with such
information and which is used to determine the person signing the information;
electronic document is a document signed by electronic signature;
stage is a limited event (expiration of a predetermined period, completion of a
predetermined number of attempts, submission of a document, etc.) during the procurement
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process based on the results of which a decision is made in relation to all its participants (to
allow for the next stage, to choose the best, etc.).
2. Legal regulation of procurement activities
2.1. When purchasing products, the customer is guided by the Constitution of the
Russian Federation, the Civil Code of the Russian Federation, Federal Law No. 223 -FL,
Federal Law dated July 26, 2006 No. 135- FL “On Protection of Competition”, other federal
laws and other regulatory legal acts of the Russian Federation, directives of the President of the
Russian Federation, the Government of the Russian Federation as well as RI-GD-148X.
2.2. Conducting non-bidding procurement is not governed by the articles 447-449 of
Part One of the Civil Code of the Russian Federation. These purchases are also not a public
tender and are not governed by applicable provisions of Articles 1057—1061 of Part Two of
the Civil Code of the Russian Federation. Thus, the implementation of these procedures shall
not impose on the customer the appropriate amount of civil-law obligations for the mandatory
conclusion of a contract on the basis of such a procedure.
3. Procurement information support
3.1. RI-GD-148X and changes to it are subject to mandatory placement in the EIS in
accordance with Federal Law No. 223-FL no later than fifteen days from the date of their
adoption (approval).
3.2. Placing in the EIS procurement information is made in accordance
with the procedure established by the Government of the Russian Federation.
3.3. The EIS hosts a plan for the purchase of products for one year.
3.4. Placement of the plan for the purchase of products, information on making changes
to it in the EIS is carried out within ten calendar days from the date of approval of the plan or
making changes to it.
3.5. Placing a plan for the purchase of products in the EIS is carried out no later than
December, 31 of the current calendar year.
3.6. The plan for the purchase of innovative products, high-tech products, medicines is
placed by the customer in the EIS for a period of five to seven years.
3.7. The criteria for classifying products as innovative products and/or high-tech
products for the purpose of forming a plan for purchasing such products are established by the
federal executive authorities that carry out regulatory functions
in the established field of activity, as well as Rosatom,
the State Atomic Energy Corporation, Roscosmos, the State Corporation for Atomic Energy
space activities taking into account the priority areas of science development approved by the
President of the Russian Federation technologies and techniques
in the Russian Federation and a list of critical technologies in the Russian Federation.
3.8. In the case of competitive purchases, with the exception of those carried out in a
closed way, information on the procurement is placed in the EIS:
3.8.1. Procurement notice and changes to it.
3.8.2. Procurement documentation, with the exception of the request for quotations, and
changes to it.
3.8.3. "Draft Contract"
3.8.4. To Procurement Documentation
3.8.5. Protocols drawn up during the procurement.
3.8.6. The final protocol.
3.8.7. Other information provided for by Federal Law No. 223-FL
and RI-GD-148X.
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3.9. Placed in the EIS information is available for review free of charge.
3.10. If at the conclusion and execution of the contract, the quantity, volume, price of
the purchased products or the terms of the contract are changed
in comparison with those specified in the final protocol, no later than ten days from the date of
the amendment of the contract, information is added to the EIS on indication of modified
conditions.
3.11. Not later than the 10th day of the month following the reporting month, the
following are placed in the EIS:
3.11.1. Information on the quantity and total value of contracts concluded
as a result of the purchase of products including the total value of contracts, information about
which is not included in the registry of contracts in accordance with Part 3 of Article 4.1 of
Federal Law No. 223-FL.
3.11.2. Information about the quantity and value of contracts concluded as a result of
the purchase from a single supplier.
3.11.3. Information about the quantity and value of contracts entered into by the
customer with one supplier based on the results of a competitive purchase declared invalid.
3.12. Information on the annual volume of purchases that the customer is obligated to
carry out from small and medium-sized businesses shall be placed in the EIS no later than the
1st of February of the year following the last calendar year.
3.13. Not subject to placement in the EIS information on the implementation of the
procurement of products, on the conclusion of contracts constituting state secrets as well as
information on procurement for which the decision of the Government of the Russian
Federation in accordance with Part 16 of Article 4 of Federal Law No. 223-FL. The customer
shall be entitling not to post the following information in the EIS:
3.13.1. On the purchase of products whose value does not exceed one hundred thousand
rubles. If the annual revenue of the customer for the reporting fiscal year is more than five
billion rubles, the customer shall be entitled not to post information
on the purchase of products in the EIS that do not exceed five hundred thousand rubles.
3.13.2. On the procurement of services for attracting deposits (including placement of
deposits) of organizations' funds, obtaining loans and credits, trust management of funds and
other property, issuing bank guarantees and sureties for the fulfillment of liabilities
in cash, opening and maintaining accounts, including letters of credit, on the purchase of
brokerage services, depositary services.
3.13.3. On procurement related to the conclusion and execution of the contract of sale,
lease (sublease), the contract of trust management of state or municipal property, another
contract providing for the transfer of ownership and/or use rights in respect of immovable
property.
3.14. Within three working days from the date of conclusion of the contract, including
the contract entered into by the customer based on the results of the purchase from a single
supplier, the cost of which exceeds the dimensions established by Part 15 of Article 4 of Federal
Law No. 223-FL, the customer shall enter information and documents established by the
Government of the Russian Federation in accordance with Part 1 of Article 4.1. Federal Law
No. 223-FL, in the registry of contracts. If the changes specified in clause have been made to
the contract3.10, the customer shall enter such information and documents in the contract
registry with respect to which changes have been made. Information on the results of the
execution of the contract is entered by the customer into the registry of contracts within ten
days from the date of execution, amendment or termination of the contract.
3.15. The register of contracts does not include information and documents that, in
accordance with Federal Law No. 223 -FL, are not subject to placement in the EIS.
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3.16. In the event that the federal executive body authorized to maintain the EIS,
technical or other problems that block access to the EIS for more than one working day, appear
in the jurisdiction of the EIS, information to be placed in the EIS in accordance with Federal
Law No. 223-FL and RI-GD-148X, placed by the customer on the official website of the
customer, followed by placing it in the EIS within one working day from the date of elimination
of technical or other problems that block access to the EIS and is considered to be located
according to the established order.
3.17. Information about the purchase shall be stored by the customer for three years.
4. Planning
4.1. Procurement planning 4.1.1. Procurement planning is carried out through the formation, approval and
maintenance of:
product procurement plan;
plan for the purchase of innovative products, high-tech products, medicines.
4.1.2. The timing of the preparation of the procurement plan of products and the
procurement plan of innovative products, high-tech products, medicines (hereinafter the
procurement plan) and the procedure for preparing the relevant draft procurement plans shall
be determined by the customer independently taking into account the requirements established
by the Government of the Russian Federation, as well as the requirements stipulated by the
regulatory documents of the customer.
4.2. Procurement plan 4.2.1. The basis for the formation of the procurement plan are the forecast and/or
approved budget parameters and production programs of the customer for the planned period.
4.2.2. The procurement plan may be formed taking into account such information as the
exchange rate, stock market indices and other information based on the following programs
determining the procurement activity:
manufacturing program;
repair program;
investment program;
other programs.
4.2.3. The order of formation of the procurement plan shall be determined in accordance
with the requirements established by the regulatory legal acts of the Russian Federation,
regulatory documents of the customer as well as RI-GD-148X including taking into account the
timing of the procurement procedures based on the required date of delivery of products.
4.2.4. The procurement plan is formed in accordance with the requirements for the
procurement plan form approved by the Government of the Russian Federation.
4.2.5. The purchase plan includes information on the purchase of products necessary to
meet the needs of the customer.
4.2.6. The procurement plan does not include information on the procurement of
products that are state secrets taking into account Part 15 of Article 4 of Federal Law No. 223-
FL, provided that such information is contained in the procurement notice, procurement
documentation or draft agreement, as well as procurement, which was decided by the
Government of the Russian Federation in accordance with Part 16 of Article 4 of Federal Law
No. 223-FL.
4.2.7. The purchase plan may not reflect information on the purchase of products if Part
15 of Article 4 of Federal Law No. 223-FL if the value of the product does not exceed one
hundred thousand rubles including VAT, but if the customer’s annual revenue for the reporting
year is more than five billion rubles, the information on the purchase of products whose value
does not exceed five hundred thousand rubles, including VAT.
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4.2.8. Adjustment of the procurement plan can be carried out also in the following case:
а) changes in the demand for products including the timing of its acquisition, the method
of purchase and the period for performance of the contract;
б) changes by more than 10 percent in the value of the products planned
for the purchase identified as a result of preparations for the specific purchase resulting in the
impossibility of carrying out the procurement in accordance with the planned amount of funds
provided for in the procurement plan;
в) in other cases, established by other regulatory documents of the customer.
4.2.9. Adjustment of the procurement plan can be carried out both monthly
and operatively.
4.2.10. Adjustment of the procurement plan before the publication of the notice of
purchase also includes the adjustment of the initial (maximum) contract value taking into
account the changed over time market conditions indicating the final price in the amended
procurement plan.
4.2.11. The procurement plan shall have a monthly or quarterly breakdown.
4.2.12. If the period of execution of the contract exceeds the period for which the
procurement plans are approved (long-term contracts), the procurement plans shall also include
information for the entire period of the procurement until the moment of execution of the
contract.
4.2.13. When forming, adjusting the procurement plan, the subject of the contract
should be described in a volume that allows you to fully assess the customer's needs for certain
goods (works, services) in the planned period of time.
5. Procurement methods and features of their conduct
5.1. For each specific product, the customer shall determine a competitive or non-
competitive purchase will be made.
5.2. Competitive purchase is a purchase that shall be carried out simultaneously with
the following conditions:
5.2.1. Information on competitive procurement shall be communicated by the customer
in one of the following ways:
а) by placing in the EIS a notice of purchase available to an unlimited number of persons
with attachment of the procurement documentation;
б) by sending invitations to take part in closed competitive procurement in cases
provided by Article 3.5 of Federal Law No. 223-FL with attachment of procurement
documentation to at least two persons who are able to make supply of goods, performance of
works, provision of services that are the subject of such procurement.
5.2.2. Competition shall be ensured between the participants in the competitive
procurement for the right to conclude a contract with the customer on the conditions proposed
in the participation bids in such procurement, the final proposals of the participants in such
procurement.
5.2.3. The description of the subject of competitive procurement is carried out in
compliance with the requirements of Part 6.1 of Article 3 of Federal Law No. 223-FL.
5.3. Non-competitive purchase is a purchase, the terms of which are not in accordance
with the conditions provided for in paragraph5.2.
5.4. Competitive methods of procurement (are priority when purchasing products):
5.4.1. By bidding:
5.4.1.1. Competition (open competition, competition in electronic form, closed
competition).
5.4.1.2. Auction (open auction, electronic auction, closed auction).
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5.4.1.3. Request for quotations (request for quotations in electronic form, closed request
for quotations).
5.4.1.4. Request for proposals (request for proposals in electronic form, closed request
for proposals).
5.4.2. Without bidding:
5.4.2.1. Competitive selection, closed competitive selection;
5.4.2.2. Price selection, closed price selection.
5.5. Non-competitive methods (used in exceptional cases and strictly regulated by RI-
GD-148X):
5.5.1. Purchase from a sole supplier.
5.5.2. Small purchase.
5.5.3. Accreditation selection of suppliers of ATI, services for TO AT.
5.6. Features of the preliminary qualification selection. 5.6.1. If there is a production need, the customer shall conduct the purchases with
limited participation.
5.6.2. If the customer has decided to limit participation in the relevant procurement,
information on such a restriction should be indicated in the notice of purchase.
5.6.3. Only those who have passed the preliminary qualification selection (hereinafter
referred to as PQS) shall be allowed to purchase with limited participation.
5.6.4. PQS can be carried out as a stage of the procurement procedure with limited
participation and the requirements of RI-GD-148X established in relation to the procurement
procedure conducted based on the results of this PQS shall be applied to it taking into account
the following features:
5.6.4.1. In addition to the general information provided for such a procurement
procedure, a notice on a procurement with limited participation shall establish the order, the
start date, the date and time of the deadline for submitting applications for participation in the
PQS and summarizing the PQS.
5.6.4.2. In the procurement documentation, there is a number of general data, which are
provided for the procedure and conditions for conducting PQS, requirements for the PQS
participants, requirements for processing bids for the PQS, terms and procedure for considering
bids and summarizing the results of the PQS.
5.6.4.3. Based on the results of the PQS, a protocol of the tender committee shall be
drawn up which reflects the decisions on the admission/refusal to admit the PQS participants
to take part in the procurement procedure with limited participation, other information
in accordance with paragraph 7.7.1.
5.6.5. The PQS can be carried out by a separate procedure in cases where the customer,
before carrying out a purchase with limited participation, needs to clarify the specific
requirements for potential procurement participants and purchased products and the
requirements of RI-GD-148X applicable to the procurement procedure conducted based on the
results of this PQS with the following features:
5.6.5.1. In the notice of the PQS, the information on the purchased products, the
procedure, the date of commencement, the date and time of the deadline for submission of
applications for participation in the PQS and summing up the results of the PQS and other
information shall be set forth according to paragraph 7.6.
5.6.5.2. The documentation for the PQS shall establish the procedure and conditions for
the PQS, the requirements for the participants of the PQS, the requirements for processing the
bid for the PQS, the deadline and the procedure for considering applications and summarizing
the results of the PQS and other information in accordance with paragraph 7.6.
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5.6.5.3. Based on the results of the PQS, a protocol of the tender committee shall be
drawn up which reflects the decisions on the admission/refusal to admit the PQS participants
to take part in the procurement procedure with limited participation, other information
in accordance with paragraph 7.7.1.
5.6.6. The PQS can be carried out as a separate procedure in cases
where the customer plans to conduct several purchases with limited participation as part of such
a procedure, and the requirements of RI-GD-148Х established in relation to the procurement
procedure carried out on the basis of the results of this PQS, shall be applied taking into account
the following features:
5.6.6.1. As a result of such PQS, a list of participants shall be formed (hereinafter
referred to as the list), which are given the right to participate in several procurement
with limited participation.
5.6.6.2. The formation of the list can be carried out in stages
at intervals to be established by the customer in the documentation of such PQS.
5.6.6.3. The results of the selection reflected in the list, shall be valid
for the period established in the documentation of such PQS.
5.6.6.4. Bids for participation in the PQS shall be filed during the term of its validity as
specified in the documentation of such PQS.
5.6.6.5. When establishing the stages of the formation of the list, the customer at the end
of each stage shall sum up the results of a qualified selection, the tender committee shall sign
the protocol for each stage.
5.6.6.6. In the notice on carrying out PQS, are established:
а) information about the purchased products;
б) the start date, the date and time of the end of the submission of applications for
participation in the PQS;
в) deadline for summing up the PQS.
г) other necessary information according to paragraph7.6.
5.6.6.7. The documentation for the PQS shall set:
а) the PQS procedure;
б) start dates, dates and times for filing applications for each stage of the PQS;
в) dates of summing up for each stage of the PQS;
г) the period of procurement with limited participation following the results of the PQS;
д) qualification requirements for participants;
е) requirements for the composition and design of participation bids;
ж) other necessary information according to paragraph7.7.
5.6.6.8. The protocol of the results of the PQS/PQS stage shall contain a list of
participants and decisions on the admission/refusal of admission of the participant of the PQS
to take part in the procurement procedure with limited participation, other information in
accordance with paragraph7.7.2.
5.6.6.9. According to the results of the PQS/PQS stage, the customer shall conduct
competitive purchases with limited participation among the participants listed in the list by
means of competitive selection or price selection.
5.6.7. All the participants in the PQS are subject to the same qualification requirements
established by the documentation on the PQS.
5.6.8. Notice of the procedure of the PQS, documentation of the PQS, summary
protocols are subject to placement in the EIS.
5.6.9. Winning bidders of the PQS procedure shall be allowed to purchase with limited
participation.
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5.6.10. The customer shall be entitled to refuse to carry out PQS at any time without
incurring any responsibility to the participants including reimbursement of any costs associated
with the preparation and filing of a participation bid in the PQS.
5.6.11. If the customer carried out the PQS prior to the placement in the EIS of the
procurement regulations brought into compliance with the requirements of Federal Law No.
223-FL (as amended by Federal Law dated December 31, 2017 No. 505-FL), its results can be
applied to competitive purchases made in any way, after placing in the EIS the procurement
provisions brought into compliance with the requirements of Federal Law No. 223-FZ (as
amended by Federal Law dated December 31, 2017
No. 505-FL). Such competitive purchases shall be conducted with limited participation, about
which the corresponding notification is made in the notice of procurement, procurement
documentation.
5.7. Features of the procurement carried out in a closed way 5.7.1. Competitive procurement carried out in a closed way shall be carried out
if information on such procurement constitutes a state secret or if the coordination body of the
Government of the Russian Federation has made a decision regarding such procurement in
accordance with paragraph 2 or 3 of Part 8 of Article 3.1 of Federal Law No. 223-FL or if the
Government of the Russian Federation made a decision regarding such a purchase in
accordance with Part 16 of Article 4 of Federal Law No. 223-FL.
5.7.2. Closed competitive procurement shall be carried out in the manner prescribed by
RI-GD-148X for competitive procurement. At the same time, information on the closed
competitive purchase is not subject to placement in the EIS. Within the deadlines set for
placement in the EIS notice of procurement, procurement documentation, the customer sends
invitations to take part in a closed competitive procurement with attachment of procurement
documentation to at least two persons who are able to make supply of goods, performance of
works, services that are subject of the closed competitive procurement. These invitations should
contain information required by paragraph. 7.6
5.7.3. When conducting a closed competitive purchase, it shall not be allowed to provide
procurement documentation, changes made to it, send requests for clarification of the provisions
of procurement documentation, provide such explanations in the form of electronic documents.
Explanations of the provisions of the procurement documentation shall be communicated in
writing by the customer to the notice of all persons who have been provided with the
procurement documentation indicating the subject matter of the request but without specifying
the participant from whom the request came.
5.7.4. A participant in a closed competitive procurement shall submit a participation bid
to take part in a closed competitive procurement in a sealed envelope that does not allow
viewing its contents before the envelope is opened.
5.7.5. The protocols generated during the meeting of the tender committee are
not subject to publication in the mass media and on the Internet. The customer no later than
three working days from the date of signing of the relevant protocol, sends copies of the relevant
protocol to the participants who submitted bids.
5.8. Features of the procurement in electronic, paper form
5.8.1. Procurement in electronic form is carried out in cases of procurement of products
defined by the decision of the Government of the Russian Federation in accordance with Part 4
of Art. 3 of the Federal Law No. 223- FL as well as when purchasing other products
in accordance with RI-GD-148X.
5.8.1.1. When conducting procurement in electronic form, bids shall be submitted in the
form of electronic documents on the ETP.
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5.8.1.2. When conducting competitive procurement in electronic form, the participants
in such a procurement request for clarification of the provisions of the notice of procurement
and/or procurement documentation, posting such clarifications in the EIS and submitting by
the participants of the competitive procurement in electronic form applications for participation
in competitive procurement in electronic form, proposals, the provision of a commission on the
implementation of competitive procurement of access to these bids, comparison of price offers,
additional price offers pendulum competitive procurement in electronic form, the formation of
the draft protocols drawn up in accordance with the Federal Law № 223-FZ, the electronic
platform provided by the operator at the ETP.
5.8.1.3. The operation of the ETP shall be carried out in accordance with the rules in
force on the ETP and the agreement concluded between the customer and the operator of the
electronic platform.
5.8.1.4. Participant of competitive procurement in electronic form to participate
in competitive procurement in electronic form must receive accreditation
on the ETP in the manner prescribed by the operator of the electronic platform.
5.8.1.5. Exchange between the participant of competitive procurement in electronic
form, the customer and the operator of the electronic platform information related
to obtaining accreditation on the ETP, the implementation of competitive procurement
in electronic form, is carried out on the ETP in the form of electronic documents.
5.8.1.6. Electronic documents of a competitive procurement participant in electronic
form, a customer, an electronic platform operator shall be signed by a reinforced qualified
electronic signature (hereinafter electronic signature) of the person entitled to act on behalf of
the competitive procurement participant in electronic form, customer, electronic platform
operator, respectively.
5.8.1.7. Information related to the implementation of competitive procurement
in electronic form shall be posted in the manner prescribed by Federal Law No. 223-FL. Within
one hour from the date of posting, such information shall be placed in the EIS and on the ETP.
Such information shall be available for review at no charge.
5.8.1.8. Within one hour from the date of posting in the EIS a notice of refusal to conduct
competitive procurement in electronic form, changes made
to the notice of purchase in electronic form, documentation of such procurement, clarification
of the provisions of the documentation of such procurement, customer requests
for clarification of the provisions of the participation in competitive procurement in electronic
form, the operator of the electronic platform shall place the specified information on the ETP,
send a notification of the specified changes, explanations to all participants of the competitive
procurement in electronic form, who submitted bids for participation in it, notification of the
said clarifications also to the person who sent the request for clarification of the provisions of
the procurement documentation, notification of the indicated requests
for clarification of the provisions of the participant’s procurement application to customers at
the email addresses indicated by these participants accreditation on the ETP or by this person
upon request.
5.8.2. When holding an open tender and a closed tender, a closed auction, a closed
request for proposals and a closed request for quotations, bids shall be submitted on paper.
5.9. Features of the procurement involving the selection of several winning bidders of the procurement
5.9.1. Purchases in a competitive way may involve the selection of several winning
bidders of the purchase for one subject of purchase (lot).
5.9.2. Within the framework of one procurement, the procurement documentation may
provide for the possibility of choosing several winning bidders for a single lot by applying one
of the following mechanisms:
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5.9.2.1. Selection of several winning bidders in order to distribute the total amount of
customer needs between them.
5.9.2.2. Selection of several winning bidder in order to conclude a contract with each of
the winning bidders and distribution of the actual volume of product deliveries during the
execution of the contract.
5.9.3. In the case of procurement for the purpose of distribution in parts of the total
amount of customer needs between the winning bidders in the procurement documentation shall
be established:
5.9.3.1. Severability of the subject of purchase and the possibility of filing a bid for the
entire volume, and for its part.
5.9.3.2. The procedure for determining the winning bidders.
5.9.3.3. Terms and conditions for concluding a contract with the winning bidders
including the procedure for determining and distribution terms, the purchased product volume
among the winning bidders on the basis of the purchase.
5.9.4. In the case of a purchase with the aim of concluding a contract with each
of the winning bidders and the distribution of the actual volume of deliveries of products during
the execution of the contract in the procurement documentation shall be set:
5.9.4.1. The procedure for determining the winning bidders.
5.9.4.2. The procedure for determining and conditions for the distribution of the actual
volume of deliveries of products during the execution of the contract concluded with the
winning bidder.
5.9.4.3. No obligation for the customer to make a full selection of products specified in
the contract concluded with each winning bidder.
5.10. Features of the procurement with the ability to submit alternative proposals. 5.10.1. During the procurement process, the customer shall be entitled to provide in the
procurement documentation the right of the participant to submit alternative proposals.
5.10.2. Alternative offers shall be allowed only in relation to the established
requirements for products or terms of the contract. The customer shall determine in which
aspects of product requirements and/or terms and conditions of the contract alternative offers
are allowed.
5.10.3. The absence in the procurement documentation of the condition on the
possibility of providing an alternative proposal means that the submission of alternative
proposals is not allowed.
5.10.4. When establishing in the procurement documentation the possibility of
submitting an alternative proposal for any product requirement and/or terms and conditions of
the contract, the procurement documentation shall have an appropriate evaluation criterion.
5.10.5. The customer shall not be entitled to limit the number of alternative offers
submitted by one participant.
5.10.6. Documentation on procurement shall explicitly provide for the participant’s
right to submit an alternative proposal and shall also include the rules for preparing and
submitting alternative proposals including the obligation of the participant to explicitly isolate
them as part of his application.
5.10.7. RI-GD-148X norms on the participant’s right to submit only one bid does not
apply to alternative proposals.
5.10.8. Procurement documentation shall provide that alternative offers are accepted
only if there is a basic offer; the main proposal shall be the one that best meets the requirements
and conditions specified in the procurement documentation. If the bid of the procurement
participant contains only one offer, this proposal shall be considered as basic.
5.10.9. When considering bids, the main and alternative proposals shall be considered
separately. In this case, the protocol formed on the basis of the results of the procurement shall
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contain information on the results of consideration of each alternative proposal (they were
accepted for further consideration or rejected).
5.10.10. According to the result of the selection stage of consideration of bids, the
participant shall be allowed to participate in the procurement, if at least one of his proposals
(main or alternative) is found to comply with the requirements specified in the notice of
procurement and procurement documentation.
5.10.11. The grounds for admission (rejection) of the main and alternative proposals
shall not differ. If any alternative proposal of the participant differs from the main or another
alternative only by price, then all alternative proposals of this participant shall be rejected.
5.10.12. At the evaluation stage of consideration of bids and when choosing a winning
bidder, alternative proposals shall be considered on a par with the main one. Alternative offers
shall participate in the ranking regardless of the main offer, while the participant gets several
places in the ranking according to the number of non-declined offers. The main options are the
same and the alternative offers are the same.
5.10.13. On rebidding (if conducted) the participant shall be entitled to declare new
prices or other conditions, both in respect of the main and alternative offers.
5.10.14. The customer shall be entitled to choose an alternative proposal as the best in
accordance with the criteria and procedures established in the procurement documentation.
5.10.15. If the participant who submitted an alternative proposal refuses to conclude a
contract, the customer shall be entitled to reject all proposals of such participant (main and
alternative).
5.11. Features of the purchase with rebidding 5.11.1. Rebidding is possible when conducting any competitive procurement method
with the exception of the auction.
5.11.2. The notice of purchase indicates the possibility of rebidding.
5.11.3. The customer shall be entitled to conduct rebidding as part of the purchase an
unlimited number of times.
5.11.4. Rebidding shall be carried out only after the main stage of the procurement
(consideration and evaluation of bids) and only in the case when the possibility of
it and the procedure for carrying it out are provided for by the procurement documentation.
5.11.5. The customer shall be entitled to make a decision on conducting rebidding on
one, several or all criteria of evaluation and comparison of bids specified
in the procurement documentation.
5.11.6. Procurement participants shall provide improved information on initial bids only
on those criteria that are defined in the protocol of the main stage of the procurement
(consideration and evaluation of bids).
5.11.7. The protocol of the main stage of the procurement (consideration and evaluation
of applications) defines the criteria (criterion) for the evaluation and comparison of applications
for which (to) the procurement participants provide improved information for the applications.
5.11.8. When carrying out purchases in electronic form on an ETP, rebidding can be
carried out in real time by means of the ETP functionality; when conducting purchases in a non-
electronic form, the procedure for submitting proposals is established in the procurement
documentation. If the protocol of the main stage of procurement (consideration and evaluation
of bids) indicates the holding of rebidding, then the same protocol shall establish the possibility
for procurement participants to provide improved information of the bid and a specific date and
time for receiving the improved information of the bid, and, if necessary, criteria assessments
and comparisons of applications for which rebidding will be conducted. The deadline for
submission of improved information of applications shall be indicated in the protocol of the
main stage of procurement (consideration and evaluation of applications) in the EIS, and in case
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of a rebidding in real time, the deadline for submission of improved information of applications
shall be determined by the time of receipt of proposals of participants.
5.11.9. The customer shall be entitled to make a decision on conducting rebidding on
the ETP in real time, which shall be indicated in the protocol of the main stage of the
procurement (consideration and evaluation of applications). In this case, the participants
provide improved information for the Orders by means of the ETP functionality only on the
price criterion.
5.11.10. During the time of the rebidding on the ETP in real time, each participant shall
be entitled to submit more than one proposal to improve the initial information of the bid unless
otherwise specified in the notice of purchase, the procurement documentation.
5.11.11. After the rebidding, the winning bidder shall be determined in the manner
established for this method of procurement in accordance with the evaluation criteria stipulated
by the terms of the procurement.
5.11.12. All participants shall be entitled to participate in rebidding
regardless of the sequence number assigned by the results of evaluation and comparison of
applications.
5.11.13. A procurement participant shall be entitled not to improve the information of
the bid and shall not be entitled to worsen the information of the bid. If the participant did not
provide the improved information of the bid or provided deteriorated information of the
application, then the previous version of the bid is valid.
5.11.14. Deadline for submission of improved bid details
5.11.14.1. Date and time of the beginning of the term: the moment of posting in the EIS
of the protocol of the main stage of procurement (consideration and evaluation of bids), and if
technical or other problems have arisen in the EIS that block access to the EIS, it shall be the
moment of posting the protocol of the main stage of procurement (evaluation and comparison
of bids) on the customer’s website, and if Real-time rebidding, it shall be the date
and time specified in the protocol of the main stage of the purchase.
5.11.14.2. Date and time of the end of the term: the date and time of the end of the
reception of the improved information of the bids indicated in the protocol of the main stage of
the procurement (consideration and evaluation of bids) and in the case of a rebidding in real
time, the time of receipt of the last bid of the participant containing the improved information
of the bid (if such proposals were not submitted,
then after the time period for accepting proposals for improving the bids established in the
protocols of the main stage of the procurement).
5.11.15. The date and time of the deadline for submission of the improved information
of the requests established in the protocol of the main stage of the procurement (consideration
and evaluation of bids) shall be no later than the date of summing up the results of the
procurement.
5.11.16. Tender committee at summing up the rebidding shall draw up a protocol of
summing up.
5.12. Features of joint procurement, consolidated procurement, procurement for the needs of subsidiaries
5.12.1. Aeroflot, PJSC may conduct joint procurement with subsidiaries. When
conducting joint purchases, Aeroflot, PJSC and subsidiaries jointly shall act as customers of
products. When conducting joint procurement with subsidiaries, any procurement method can
be used.
5.12.2. The rights, duties and responsibilities of Aeroflot, PJSC and subsidiaries
when conducting joint procedures for identifying suppliers and the procedure for conducting
such procedures shall be determined by agreement of the parties in accordance with the Civil
Code of the Russian Federation and RI-GD-148X. The contract with the winning bidder or the
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winning bidders of the joint procedure for determining suppliers shall be concluded by each
subsidiary and Aeroflot, PJSC. The execution of contracts concluded with the winning bidder
or winning bidders of joint procurement shall be carried out by the parties in accordance
with the Civil Code of the Russian Federation and other federal laws.
5.12.3. The organizer of joint procurement, as well as the party determining the methods
of procurement, shall be Aeroflot, PJSC, to which the subsidiaries handed over on the basis of
an agreement, an agency agreement or in some form, part of their functions of organizing and
conducting joint procurement.
5.12.4. The organizer of joint procurement shall approve the composition of the tender
committee.
5.12.5. In conducting joint procurement, Aeroflot, PJSC shall apply and shall be guided
by RI-GD-148X.
5.12.6. Aeroflot, PJSC may be the organizer of the procurement for the needs of
Aeroflot, PJSC and subsidiaries in the event of a consolidated procurement. When conducting
a consolidated procurement, Aeroflot, PJSC shall apply and follow RI-GD-148X. When
conducting a consolidated purchase, the conclusion of a contract of assignment, agency
agreement, other agreements between Aeroflot, PJSC and subsidiaries shall not be required.
The protocol on the selection of the supplier of the consolidated procurement shall be brought
to the attention of the subsidiary no later than three days from the date of signing. Subsidiaries
shall enter into agreements with the supplier determined by Aeroflot, PJSC to conduct the
consolidated procurement as the sole supplier.
5.12.7. Aeroflot, PJSC may be the organizer of the purchase for the needs of the
subsidiary. In this case, the subsidiary shall transfer, on the basis of an agreement, an
assignment, an agency agreement, or in some form, a part of its functions of organizing and
conducting the purchase of Aeroflot, PJSC. In conducting such a purchase, Aeroflot, PJSC shall
apply and shall be guided by RI-GD-148X.
5.13. Features of anti-dumping measures 5.13.1. The terms of the purchase may establish anti-dumping measures when the
procurement participant offers the contract value (lot price) that is lower than the initial
(maximum) contract value (lot price) by the amount specified in the procurement
documentation (hereinafter referred to as the dumping contract value).
5.13.2. In the procurement documentation providing for anti-dumping measures, the
size of the enforcement of the contract shall be set.
5.13.3. If, when participating in the procurement by the procurement participant with
whom the contract is concluded, the dumping contract value is proposed, the contract shall be
concluded only after such a party provides security for the execution of the contract in an
amount exceeding one and a half times the size of the contract performance security specified
in the procurement documentation, but not less than in the amount of the advance (if the contract
provides for the payment of the advance). Ensuring the execution of the contract in accordance
with this sub-paragraph shall be provided by the procurement participant with whom the
contract is concluded, prior to its conclusion. A procurement participant who fails to comply
with this requirement shall be deemed to have avoided concluding a contract.
5.13.4. The magnitude of the significance of the criteria for evaluating and comparing
bids can be set differently for cases when the procurement participant submits a proposal with
the dumping contract value (the lot value).
5.13.5. When a procurement participant submits a bid with a dumping contract value
(lot value), the sum of the magnitudes of significance of all the criteria stipulated by the
procurement documentation and applied to the bid of such a member may not be one hundred
percent. The magnitude of the significance of other criteria, other than the criterion for the
contract value (the lot value) stipulated by the procurement documentation, may be the same
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for evaluating the bid of the procurement participant with the proposed dumping contract value
(the lot value).
5.13.6. Requirements for the composition of the procurement participation bid
containing the proposal with the dumping contract value (the lot value) may stipulate that the
procurement participant shall provide a justification of the proposed contract value (the lot
value) which may include a letter of guarantee from manufacturer specifying the price and
quantity of the goods supplied, documents confirming the availability of goods from the
procurement participant, other documents and calculations confirming the possibility of the
procurement participant to deliver goods to the proposed price.
5.13.7. In the case of procurement of works (services) with requirements for the
composition of the procurement participation bid containing the proposal with the dumping
contract value (the lot value), it may be stipulated that the procurement participant shall be
obliged to present the calculation of the proposed contract value (the lot value) and its
justification, and if, when performing the works (rendering services) in accordance with the
legislation of the Russian Federation, the supplier shall have a certificate of admission issued
by a self-regulating organization and submit a signed s self-regulating organization confirming
the possibility of performance of the works (provision of services) at the price proposed in the
bid.
The justification, the calculations, the conclusions referred to in this sub-paragraph shall
be presented:
5.13.7.1. The procurement participants who offered the dumping contract value as part
of the tender participation bid, request for quotations, request for proposals, competitive
selection, price selection. In the event that such a participant fails to comply with this
requirement or if the tender committee recognizes the proposed contract value as unjustified,
the procurement participation bid of such a participant shall be rejected. The specified decision
of the tender committee shall be fixed in the report made according to the results of the
procurement.
5.13.7.2. The procurement participant who offered the dumping contract value
with which the contract is concluded, when sending the signed draft contract to the customer
during the auction, including in electronic form. In the event of such a participant’s failure to
comply with this requirement, he shall be deemed to have avoided entering
into a contract. If the tender committee recognizes the proposed contract value (the lot value)
as unjustified, the contract with such participant shall not be concluded
and the right to conclude the contract passes to the auction participant who offered the same
price as the auction winner or the proposal of the contract value (the lot value) contains the best
conditions for the contract value (the lot value), following the conditions proposed by the
auction winning bidder. In these cases, the decision of the tender committee shall be drawn up
by the protocol, which shall be placed in the EIS no later than three days from the date of
signing.
5.13.8. Upon detection of proposals by participants whose cost is lower than the
arithmetic average price of all offers made by participants by more than 20 percent, the tender
committee shall be entitled to request from such participants additional explanations of the
pricing procedure and the reasonableness of such a price reduction, and in the absence of
reasonable explanations, to reject the submitted offer.
5.13.9. In case of failure of the winning bidder of the procurement to conclude a contract
for the procurement participant who took second place, and with whom the contract is
concluded in accordance with RI-GD-148X, the requirements of this section shall apply in full.
5.14. Features of the procurement of services for the provision of marketing advertising
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5.14.1. In the case of procurement with limited participation in the provision of
marketing advertising services by the customer, it may be provided in the procurement
documentation that reimbursement to procurement participants of the expenses incurred by it
in connection with the preparation of a participation bid in the subject of procurement.
5.14.2. The amount of reimbursable expenses shall be specified in the procurement
documentation.
5.15. Features of the procurement on the territory of a foreign state 5.15.1. When making purchases in order to conclude an agreement
with a foreign supplier, the subject of which is the supply of products
outside of the Russian Federation (hereinafter- procurement on the territory of a foreign state),
the customer or his authorized representative shall apply the methods
and procedures provided for by RI-GD-148X, except for the private purchases and
purchases conducted electronically.
5.15.2. Documentation of procurement procedures shall be conducted mainly in a
foreign language.
5.15.3. When conducting procurement on the territory of a foreign state, the
requirements for the bid provision shall be established in accordance with the laws of the
country where the procurement is made.
5.15.4. The deadlines for submission of proposals, the timing of the procedures and the
requirements for the procurement participants shall be established in the documentation on the
procurement process.
5.15.5. Participants send their proposals for procurement in the territory of a foreign
state in any form provided by RI-GD-148X to the customer or his authorized representative in
the territory of a foreign state.
5.15.6. Procurement on the territory of a foreign state on behalf of the customer by a
foreign legal entity (individual person) acting on the basis of an agreement between him and
the customer for the provision of services and representation of the customer’s interests shall
not be allowed.
5.15.7. Sending information on the procurement process, receipt of bids, consideration
and comparison of received offers shall be carried out by the authorized representative of the
customer in the territory of a foreign state.
5.15.8. The final decision on the evaluation and comparison of the procurement bids in
the territory of foreign countries and the determination of the winning bidder shall be made by
the tender committee of the customer on the basis of a written expert opinion with the
registration of the relevant protocol. The Tender Committee shall have the right to disagree with
the conclusions and the recommendations contained in the expert opinion, resubmit Bids for re-
evaluation and re-comparison, invite other experts and specialists, or make an independent
decision. The persons involved in the evaluation and the comparison of Competitive Bids,
inclusive of the members of the Tender Committee, shall ensure the confidentiality of the
evaluation process.
5.15.9. According to the results of the purchase, the customer or his authorized
representative in the territory of a foreign state shall notify the winning bidder of the results for
the subsequent conclusion of the procurement contract.
5.16. On confidentiality and the prohibition of the negotiations. 5.16.1. When conducting competitive procurement methods, it shall be forbidden to
conduct negotiations between the representatives of the customer, experts (when they are
involved) on the one hand, and procurement participants from the moment, the procurement is
announced
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and until the winning bidder of the procurement is determined including providing the
procurement participants with the information on the proposals of other procurement
participants, the progress of the procurement and decisions made, with the exception of
information that is publicly available.
5.16.2. In the case of competitive procurement in electronic form, negotiations between
the customer and the operator of the electronic platform and the operator of the electronic
platform with a participant in the competitive procurement in electronic form shall
not be allowed if as a result of these negotiations, preferential conditions for participation in
competitive procurement in electronic form and/or conditions are created to disclose
confidential information.
6. Choosing a method of procurement
6.1. The tender may be used for the procurement of any product, if restrictions on its
use are not established by the legislation of the Russian Federation or local regulatory
documents of the customer provided that several procurement criteria are important for the
customer and the customer does not request for proposals.
6.2. The auction can be used if the following conditions are met:
6.2.1. For the customer, the only criterion of purchase shall be the contract value.
6.2.2. If there is an opportunity to formulate a detailed and accurate description of the
subject of the contract.
6.2.3. If the customer does not request a quote.
6.3. Request for proposals shall be a priority method of procurement in cases where
several purchasing criteria are important for the customer.
6.4. Request for quotations shall a priority method of procurement in cases where the
only procurement criterion for the customer is the contract value.
6.5. The competitive selection can be used if the following conditions are met:
6.5.1. For a customer, several procurement criteria are important.
6.5.2. The customer shall not hold a tender or request for proposals.
6.5.3. Bids shall be submitted to the corporate system or shall be submitted on paper.
6.6. The price selection can be used if the following conditions are met:
6.6.1. For the customer, the only criterion of purchase shall be the contract value.
6.6.2. The customer shall not hold an auction or a request for quotations.
6.6.3. Bids shall be submitted to the corporate system or shall be submitted on paper.
6.7. The customer shall be entitled to apply the procurement procedure from a single
supplier in the following cases:
6.7.1. As a result of the accident, other emergency situations of natural or man-made
nature, force majeure, if necessary, urgent medical intervention as well as to prevent the threat
of these situations.
6.7.2. To prevent failures related to crew and passenger services (including, but not
limited to, provision of drinks, food, hotel and transport services).
6.7.3. To ensure urgent unscheduled demand for goods, works, services arising from the
maintenance of flights of Federal State Budgetary Institution, Government squadron "Russia"
and charter flights.
6.7.4. Additional procurement is required and supplier changes shall
not be advisable due to the need to ensure compatibility with existing goods, equipment,
technology or services given the effectiveness of the initial procurement in terms of meeting
customer needs and the limited amount of the proposed procurement compared with the initial
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procurement (no more than 30 percent of the initial in the amount of all proposed supplementary
agreements), the unsuitability of goods or services alternative to those considered.
At the same time, it shall be allowed to change the value of a unit of additionally
purchased goods or services as compared to the originally purchased no more than by the value
of the consumer price index for the Russian Federation published on the official website of the
Federal State Statistics Service (for additional purchases under contracts concluded with foreign
contractors, it shall be no more than the value of the consumer price index or other similar index
adopted in the country of location of the contractor2) for the period from the date of summing
up the initial purchase to the date of the additional purchase.
6.7.5. Performance of works on the mobilization preparation in the Russian Federation.
6.7.6. Purchase of services related to the provision of visits of delegations and
representatives of foreign countries (hotel services or rental of premises, transportation services,
operation of computer equipment, catering, communication services and other related
expenses).
6.7.7. Conclusion of a contract for participation in an exhibition, conference, seminar,
professional development and professional retraining, internship, participation in another event
with a supplier who is the organizer of such an event or authorized by the organizer of the event.
6.7.8. Purchase of services for the sale of entrance tickets and tickets
to attend theater and entertainment, cultural, educational and entertainment events, excursion
tickets and excursion vouchers, the form of which is approved in the prescribed manner as a
strict reporting form.
6.7.9. The emergence of the need to attend cultural events including visiting the theater,
cinema, concert, performance, museum, exhibition, sporting event.
6.7.10. The emergence of demand for products to fulfill obligations under the contract,
in accordance with which the customer shall be a supplier, and the acquisition of which by
conducting competitive purchases in the time provided for the fulfillment of obligations under
such a contract shall be impossible.
6.7.11. Termination of the contract due to non-fulfillment or improper performance by
the supplier of its obligations under the contract. At the same time, the essential conditions of
the new contract shall not be changed, with the exception of the terms of the fulfillment of the
contract. If, prior to termination of the contract, the supplier partially fulfilled the obligations
under such a contract, then when concluding a new contract, the quantity of goods supplied, the
scope of work performed, services rendered shall be reduced taking into account the quantity
of goods delivered, the amount of work performed, services rendered under the previously
concluded contract with a proportional reduction in the contract value.
6.7.12. The conclusion of civil contracts for the performance of works, the provision of
services to the customer by individual persons (except for individual entrepreneurs) using their
personal work including with lawyers and notaries.
6.7.13. The provision of leasing services for aircraft.
6.7.14. The services of financial and credit organizations shall be attracted.
6.7.15. Conclusion of contracts for the provision of legal services with the law firms
(bureau, board, etc.).
6.7.16. Conclusion of contracts with organizations authorized by a state authority to
provide a specific type of works, services, if there is a supporting document and having limited
access to the documentation not below “for official use”.
6.7.17. Conclusion of a contract for the maintenance of products resulting from the work
and services provided to the customer under the previously concluded contracts.
2 Except for cases when the additional purchase is carried out at foreign contractors under the contracts
of aircraft maintenance/repair of aircraft, aircraft components or according to aircraft rental contracts/aircraft components and the corresponding valid contract shall contain other conditions for price increase.
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6.7.18. The conclusion of the contract if the competitive method of procurement did not
lead to the conclusion of the contract and the procurement procedure was declared invalid due
to the absence of bids or the rejection of all bids during the consideration of bids, evasion of all
participants from the contract, under the terms and conditions stipulated by the procurement
documentation.
6.7.19. Payment of services of the operator of the electronic platform in the case of
charging such a fee by the operator.
6.7.20. In cases of exceptional production necessity dictated by needs in order to
implement strategic decisions taken at the customer, decisions of the Government of the
Russian Federation and other authorized state bodies.
6.7.21. Purchase/lease of goods from the company-manufacturer (company-producer)
of such goods.
6.7.22. Purchase of services for the maintenance of aircraft, aircraft engines and aircraft
spare parts of category AOG (Aircraft on ground) from a technical support company.
6.7.23. Rental/sublease of premises in the buildings of the airport terminal complex
at the airports of the airline’s presence as well as of real estate (buildings, structures, land plots)
located in the territory owned by the airport or used by the airport.
6.7.24. Conclusion of contracts with airlines on joint operation of flights on one or more
routes (code sharing), agreements on the recognition of the transportation documentation
(interline), contracts on the transfer of passengers (FIM),
on multimodal carriage with foreign and Russian carriers as well as contracts on transportation
of the employees of partner airlines.
6.7.25. Purchase of services for the development of technical documentation and service
bulletins for AT.
6.7.26. Prices for goods, works, services shall be subject to state regulation or shall be
established by municipal legal acts or acts of state (municipal) authorities.
6.7.27. Supply of goods, performance of works and provision of services shall be related
to the field of activity of natural monopolies in accordance with Federal Law No. 147-FL dated
August 17, 1995 “On Natural Monopolies”.
6.7.28. Purchase of water supply, sewerage, heat supply, gas supply services (except for
services for the sale of liquefied gas), connection (attaching) to the networks of engineering and
technical support as well as other services at regulated prices (tariffs) in accordance with the
legislation of the Russian Federation.
6.7.29. Conclusion of a power supply contract or purchase and sale of electricity with
an electricity supplier in the case of entering into contracts for the supply of electricity (energy
supply) /the provision of services for the transmission of electricity with a guaranteeing
supplier/network organization.
6.7.30. The emergence of a need for works or services, the performance or provision of
which can be carried out exclusively by the executive authorities in accordance with their
powers or state institutions under their jurisdiction, state unitary enterprises whose relevant
powers are established by the regulatory legal acts of the Russian Federation, the regulatory
legal acts of the subject of the Russian Federation.
6.7.31. Procurement of products in the conditions when exclusive rights to goods,
works, services or exclusive licenses (including source codes of software) shall belong to one
(several) person (s).
6.7.32. Procurement of services for the technical maintenance, protection and
maintenance of one or more non-residential premises transferred for free use to the customer,
in case if these services are rendered to another person or persons using non-residential premises
located in the building where the premises provided for free use are located to the customer.
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6.7.33. Procurement of services for copyright control including the development of
design and design documentation of capital construction projects, architectural supervision of
construction, reconstruction, overhaul of capital construction objects, equipment manufacturing
by the respective authors.
6.7.34. Payment of membership fees and other mandatory payments on a non-
competitive basis.
6.7.35. Payment for services in accordance with agency contracts concluded by the
customer.
6.7.36. Reimbursement to the procurement participants of the costs associated with the
preparation of the bid, in the case of a competitive procurement with limited participation
in the provision of marketing advertising services, aircraft leasing, and banking services.
6.7.37. The supplier provides warranty and ongoing maintenance of products supplied
earlier and the obligation to enter into a contract for warranty, or post-warranty service is
available in the existing contract.
6.7.38. Purchase of products on the terms of the public offer of the contractor.
6.7.39. Procurement of products on the basis of an option to enter into an agreement.
6.7.40. If disclosure of information on a planned procurement including on
procurement conditions, may lead to a decrease in the level of safety of
Aeroflot, PJSC/Aeroflot Group and/ or flight safety and/or the dissemination of information
on conditions of protection of interests of Aeroflot, PJSC/Aeroflot Group in judicial and other
bodies.
6.8. Small purchases shall be made in a non-competitive way, and the amount of one
transaction for the purchase of products shall not exceed five hundred thousand rubles including
VAT.
6.9. Accreditation selection of suppliers of ATI, services for maintenance of TO AT non-competitive way in order to ensure air transportation and maintenance of the aircraft fleet
in accordance with section 15RI-GD-148H.
7. General procurement requirements
7.1. Requirements for purchased products 7.1.1. In order to purchase products, the customer shall determine the requirements
for products delivered as part of the execution of the contract concluded on the basis of
the purchase results.
7.1.2. When forming the requirements for the purchased products, the following
requirements shall be observed:
7.1.2.1. Established requirements for products shall be clear
and complete, provide a clear and unambiguous statement of requirements for quality and
other indicators of products.
7.1.2.2. The requirements applicable at the time of the purchase, the requirements of the
legislation of the Russian Federation for the types of goods on mandatory certification shall be
taken into account.
7.1.2.3. Requirements for purchased products shall be focused on the procurement of
quality products that have consumer properties and technical characteristics necessary for the
customer.
7.1.2.4. Established requirements for the subject of procurement shall, if possible,
ensure that procurement participants submit proposals for the supply of innovative goods and
energy-saving technologies.
7.1.2.5. The requirement for the purchase of petrochemical and gas chemical products
(with the exception of purchases on the territory of a foreign state) shall provide for the
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procurement of such products mainly from Russian producers, other conditions being equal,
defined by the procurement documentation.
7.1.2.6. Requirements for the purchase of automotive, agricultural, road-building and
utility vehicles, products of transport engineering and engineering for the food and processing
industry as well as metal products including large-diameter pipes, shall provide for the
procurement of such products mainly from the Russian manufacturers (except for cases of no
production in the Russian Federation of the specified goods and their analogues), with other
things being equal, defined by the procurement documentation.
7.1.2.7. In the requirements for the subject of procurement in the implementation of all
types of procurement in respect of programs for electronic computers and databases
implemented regardless of the type of contract on a tangible medium and/or
in electronic form via communication channels as well as rights to use such software including
temporary, to indicate the need to submit proposals that provide only such software, information
about which is included in the unified register of the Russian programs for electronic computers
and databases without data, created for computers and databases established in accordance with
Article 12.1 of the Federal Law dated July 27, 2006 No. 149-FL "On information, information
technologies and information protection" (hereinafter-the register), except in the following
cases:
а) there is no information in the registry about the software that corresponds to the same
software class as the software planned for procurement;
б) software, information about which is included in the registry and which corresponds
to the same class of software as the software planned for the procurement, shall not be
competitive (in its functional, technical and/or operational characteristics it
does not meet the requirements set by the customer for the planned procurement security).
In relation to each procurement, to which the above exceptions are applied, to publish
on the official website of the customer in the section on procurement information about such
procurement with the rationale for not complying with the restriction on the admission of
software originating from foreign countries no later than 7 calendar days from the date of the
publication of information on procurement on the official website of the customer in the
corporate system or ETP.
7.1.2.8. The requirements for the procurement of building materials shall include the
prioritization of purchases of the Russian innovative building materials and the possibility of
concluding long-term contracts with the Russian producers of building materials for guaranteed
supply volumes of future periods of innovative building materials, as well as with
manufacturers who have prepared special investment agreements for the development of this
products.
7.1.2.9. Priority of goods of Russian origin, works, services performed and provided by
Russian persons when purchasing products through a tender, auction and other methods of
procurement excluding purchases from a single supplier, in relation to goods originating from
a foreign country, works, services, carried out, rendered by foreign persons shall be established
in accordance with the provisions set forth in the Decree of the Government of the Russian
Federation dated September 16, 2016 No. 925 “On the Priority of the Goods of the Russian
origin, works, services performed, provided by Russian persons, in relation to goods originating
from a foreign country, works, services performed, provided by foreign persons”.
7.2. Requirements for the description of the subject of the competitive procurement
When describing in the procurement documentation of the subject of purchase, the
customer shall follow the following rules:
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а) the description of the subject of procurement shall indicate the functional
characteristics (consumer properties), technical and quality characteristics, as well as the
operational characteristics (if necessary) of the subject of procurement.
б) the description of the subject matter of the procurement shall not include
requirements or instructions regarding trademarks, service marks, brand names, patents, utility
models, industrial designs, name of the country of origin of goods, requirements for goods,
information, works, services, provided that such requirements entail unreasonable limitation of
the number of procurement participants, except in cases where there is no other way of
providing a more accurate and clear description of the specified characteristics of the subject of
procurement.
в) in the case of use in the description of the subject of procurement of a mark on the
trademark, it shall be necessary to use the words “(or equivalent)”, except for the following
cases:
г) incompatibility of the goods on which other trademarks are placed
and the need to ensure the interaction of such goods with the goods used by the customer;
д) procurement of spare parts and consumables for machinery
and equipment used by the customer, in accordance with the technical documentation for the
specified machinery and equipment;
е) procurement of the goods necessary for the execution of a state or municipal contract;
ж) procurement with indication of specific trademarks, service marks, patents, utility
models, industrial designs, place of origin of goods, manufacturer of goods, if it is provided for
by the terms of international treaties of the Russian Federation or the terms and conditions of
contracts of legal entities specified in paragraph 2 of Article 1 of Federal Law No. 223- FL, in
order to fulfill these legal entities of their obligations under the contracts concluded with legal
entities, including foreign legal entities.
з) it shall not be allowed to merge into the subject of procurement products
technologically and functionally unrelated (for example, the purchase of air conditioning
systems and computer equipment);
и) enlargement of the subject matter of the procurement shall not be allowed to limit the
number of procurement participants including by the need of performance of works and
provision of services in the territory of a significant number of constituent entities of the Russian
Federation in one time interval if the procurement participant in each constituent entity of the
Russian Federation has adequate material and labor resources, (for example, the provision of
services for the repair and maintenance of vehicles in several federal districts).
7.3. Requirements for the Legal Capacity of procurement participants 7.3.1. The following mandatory requirements for the legal capacity of the procurement
participant are established:
7.3.1.1. Availability of registration as an object of civil law
under the law of the Russian Federation (for Russian legal entities, sole proprietors), under
the law of the state at the location (for foreign participants), the absence of restriction or
deprivation of legal capacity and/or legal capacity (for individual persons);
7.3.1.2. Compliance of the procurement participant with the requirements established in
accordance with the legislation of the Russian Federation to the persons executing supply of
goods, the performance of work, and the provision of services that are the subject of
procurement3.
3 This means that the procurement participant has the appropriate licenses, certificates, approvals from
self-regulatory organizations, a sublicensing contract with the copyright holder, software, etc.
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7.3.1.3. Non-liquidation of the procurement participant that is a legal entity and the
absence of an arbitration court on insolvency (bankruptcy) of the procurement participant (a
legal entity or a private entrepreneur) and on opening of bankruptcy proceedings.
7.3.1.4. Non-suspension of activities of the procurement participant according to the
procedure stipulated by the Code of Administrative Offenses of the Russian Federation as of
the day of submission of the procurement participation bid.
7.3.1.5. The absence of the procurement participant in arrears in taxes, fees, debts on
other obligatory payments to the budgets of the budget system of the Russian Federation (except
for the amounts for which the deferment, installment, investment tax credit in accordance with
the legislation of the Russian Federation on taxes and fees, which are restructured in accordance
with the legislation of the Russian Federation, for which there is an effective court decision
recognizing the applicant's obligation to pay these amounts are executed or which are deemed
to be hopeless for recovery in accordance with the legislation of the Russian Federation on taxes
and fees) as of the date not earlier than 30 her before the date of the participant bid form for the
participation in the procurement procedure.
Procurement participant shall be deemed to comply with the established requirement if
a bid is filed in the established procedure for appealing the specified arrears, debts and the
decision on such an application was not made at the date of consideration of the bid for
participation in the supplier’s determination.
7.3.1.6. The cost of the procurement participant’s net assets following one of two
reporting periods (year) preceding the filing date of the bid shall not be lower than the
authorized capital. This requirement shall not apply to procurement participants from a single
supplier in the case of par.6.7.13 and par.6.7.26 − 6.7.39as well as if the participant is an
individual entrepreneur, individual person, state or municipal institution/enterprise, state
authority.
If the fulfillment of the specified requirement is not fulfilled / cannot be confirmed, the
procurement participant may continue to participate in the procurement by providing
enforcement of the contract in the amount of the total contract value4 in the manner specified
in the procurement documentation.
7.3.1.7. The lack of information about the procurement participant in the Register of
unfair suppliers set forth in Article 5 of Federal Law No. 223-FL and in the Register of unfair
suppliers set forth in Article 104 of Federal Law
No. 44 FL dated April 5, 2013-.
7.3.1.8. The procurement participant shall not have a conflict of interest with the
customer’s employees in accordance with par. 7.12.
7.3.1.9. Whether the procurement participant is individual person or
the head, members of the collective executive body, the person acting as the sole executive
body or chief accountant of the procurement participant-legal entity have/have not a criminal
record for economic crimes and/or crimes provided for in Articles 289, 290, 291, 291.1 of the
Criminal Code of the Russian Federation (except for persons whose criminal record has been
expunged or removed).
7.3.1.10. Non-use of an individual person or manager, members of the collective
executive body, a person performing the functions of a sole executive body or a chief accountant
of a procurement participant legal entity to impose deprivation of the right to hold certain
positions or engage in certain activities related to the supply of goods, performance of work,
the provision of services that are the subject of ongoing procurement and an administrative
penalty of disqualification.
4 When carrying out purchases only among small and medium-sized businesses, the enforcement of the
contract is provided in the amount established by Decree of the Government of the Russian Federation No. 1352 dated December 11, 2014.
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7.3.1.11. Whether the procurement participant-legal entity
has (not) been held administratively liable for the administrative offense provided for in Article
19.28 of the Administrative Offenses Code of the Russian Federation
within two years prior to the procurement bid submission date.
7.3.2. Additional requirements for procurement participants on legal capacity and
qualification are established in the procurement documentation, including when the
Government of the Russian Federation establishes the specific features of participation in the
procurement of small and medium-sized businesses5.
7.3.3. It is prohibited to establish requirements that are not provided for by the law of
the Russian Federation and restrict access to participation
in the procurement (for example, establishing the requirement that the procurement participant
has a license for activities not carried out during the execution of the contract).
7.3.4. To confirm compliance with the requirements set forth in par.7.3.1, a foreign
participant shall submit documents similar to the documents established for the procurement
participants and specified in par.7.5.5 provided that there are no contradictions with the
provisions of the law of the country of registration of such participant.
7.4. Features of establishing requirements for collective participants 7.4.1. Persons acting on the side of the collective procurement participant,
in order to confirm their merger, provide a document confirming their merger for the purpose
of collective participation in the procurement which may include:
the rights and obligations of the members of the collective participant in the framework
of participation in the procurement procedure and in the execution of the contract are defined;
an authorized person has been determined who is charged with the duties
and authority to represent the interests of members of a collective member;
distribution of the nomenclature, volumes, cost and terms of delivery of production
between members of the collective participant is resulted;
the liability of members of a collective participant to the customer for the fulfillment of
obligations under the contract, which shall be concluded as a result of the procurement
procedure, shall be established.
7.4.2. Requirements for procurement participants in accordance
with par.7.3.1, shall be imposed on each member of the collective bid.
7.4.3. The criteria and procedure for evaluating the bids of participants shall be applied
to the collective participant as a whole in accordance with the procurement documentation.
7.4.4. If the collective participant is recognized as the winning bidder of the
procurement procedure, the customer must conclude one agreement with all members of the
collective participant, and the agreement can be signed by one person on the basis of the powers
granted to him.
7.4.5. A member of a collective participant shall not be entitled to submit an independent
procurement participation bid or to participate in the filing of an application as part of other
collective members. Failure to comply with this requirement shall be grounds for rejecting the
bid of the participant who submitted an independent bid, as well as collective participants on
whose side such a person act.
7.5. Requirements for the bid of the participant.
5When the customer establishes the relevant requirements, the procurement participants and
subcontractors (co-contractors) from among the small and medium-sized businesses engaged by the participants in the procurement shall declare their belonging to the small and medium-sized businesses in the applications for participation in the procurement by submitting in the form of a document on paper or electronic document information from a single register of small and medium-sized businesses, which is maintained in accordance dance with the Federal Law "On the development of small and medium enterprises in the Russian Federation".
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7.5.1. Bids for participation in competitive procurement shall be submitted in
accordance with the requirements for the content, design and composition of the procurement
participation bid specified in the procurement documentation in accordance with Federal Law
No. 223-FL and RI-GD-148X. The form of participation bid in the request for quotations in
electronic form shall be established in the notice of procurement in accordance with RI-GD-
148X.
7.5.2. A procurement participant shall be entitled to submit only one procurement
participation bid in relation to each subject of the procurement (lot) at any time from the date
of the notification of the procurement to the date and time provided by the procurement
notification and procurement documentation. The participant of the competitive procurement
shall be entitled to change or withdraw his bid before the end (expiration) of the bid submission
term. A participation bid in such a procurement shall be modified or withdrawn if the change
is made or the notice of the withdrawal of the application is received by the customer before
the end (expiration) of the deadline for submitting bids for participation in such a procurement.
7.5.3. A procurement participant in electronic form who has submitted a bid for
participation in such procurement shall be entitled to withdraw this application or amend it
no later than the deadline for submitting bids for participation in such procurement by sending
a notification to the operator of the electronic platform.
7.5.4. To participate in the competitive procurement, the procurement participant shall
prepare a bid drawn up in full compliance with the requirements of the procurement
documentation.
7.5.5. Procurement participation bid shall in obligatory order include as follows:
7.5.5.1. For legal entity:
а) completed bid form in accordance with the requirements of the procurement
documentation (original);
б) a bid form of a legal entity in the form specified in the procurement documentation
(original);
в) constituent documents (Articles of Association and/or another constituent document)
and all amendments thereto (copies);
г) the extract from the Unified State Register of Legal Entities issued by authorized
authority not more than three months before the date of provision of documents to the customer
(copy);
д) certificate of state registration of a legal entity or certificate of entry in the unified
state register of legal entities on a legal entity or record sheet of the unified state register of
legal entities (copy);
е) A copy of certificate of registration with the tax authority (copy);
ж) tax returns for the last two years with a tax authority's mark
of acceptance or the list of enclosures with a note of postal office when mailing or notification
of receipt by the tax authority of an electronic document when sending tax declarations in
electronic form (copies);
з) copies of the notice on the change to the simplified tax system (STS) or the
declaration of the change to the simplified tax system by the participant marked by a tax
authority (where applicable) with the provision of the tax returns for the tax paid
in connection with the use of the STS for the last past two tax periods (copy).
и) decision on the approval or settlement of a major transaction (original) or a copy of
such decision, if requirement for the existence of such a decision for a major transaction is
established by laws of the Russian Federation, constitutional documents of legal entity and, if
for a procurement participant the supply of goods, performance of work, provision of services,
that are the subject matter of the contract, or payment of earnest as security of Participation bid,
or contract performance security, is a major transaction (copy);
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к) the procurement participant’s declaration to evidence that he/she has no arrears in
taxes, fees, debts on other obligatory payments to the budgets of the budget system of the
Russian Federation at the date of a bid (original);
л) documents confirming the provision of company guarantees of the manufacturer of
the goods (copies);
м) a document confirming authority of a person to act on behalf of the procurement
participant—a legal entity (copy of decision on appointment or election, or of order of
appointment of a person to a position in accordance with which such individual person will be
entitled to act on behalf of the procurement participant without power of attorney (hereinafter
referred to as the head)). In case another person acts on behalf of the procurement participant,
the bid shall also include a power of attorney confirming authority of a person to act on behalf
of the procurement participant certified by the procurement participant (for legal entities) and
signed by the procurement participant's manager or a person authorized by the said manager or
a notarized copy of such power of attorney. In case the said power of attorney is signed by a
person authorized by the procurement participant's manager, the procurement participation bid
shall include a document confirming powers of such person;
н) information on performance specifications (consumer performance) and qualitative
characteristics of goods, works, services as well as other bids relating to terms of contract
performance including contract value bid, bid for price per unit of goods, works and services.
To the extent set forth in the procurement documentation, copies of documents certifying
conformance of goods, works and services to the requirements stipulated by legislation of the
Russian Federation provided that mandatory requirements are imposed on such goods, works
and services in accordance with legislation of the Russian Federation;
о) a document confirming the procurement participant’s submission of the bid security
(if necessary);
п) accounting (financial) reporting documents: the balance sheet, report on financial
results and appendices thereto over the past two years with a mark of the tax authority on
acceptance or notification of receipt by the tax authority of an electronic document when
transferring accounting (financial) statements
in electronic form (copy);
р) in case where the supply of goods, the performance of works, the provision of
services is related by law to the licensed activity-the relevant licenses, patents, etc. (copies);
с) declaration of the absence/presence of the procurement participant's affiliation
with the customer’s employees and their close relatives (original);
т) a declaration that the procurement participant and its officials are not in conflict with
the customer’s employees (original);
у) if the procurement procedure includes the purchase of rights to use the software
(software), documents about the participant’s rights to the software
(including but not limited to the document that the participant is the copyright holder of the
computer program (certificate or other legally relevant document), a license/sub-licensed
agreement with the copyright holder of the rights to the computer program/letter (certificate,
etc.) of the copyright holder of the computer program, confirming the right of the procurement
participant to sub-license a computer program with indication of the scope of his rights in
accordance with Paragraphs 3, 4, 6 of Article 1235 of the Civil Code of the Russian Federation)
(copy);
ф) other documents or copies of documents, the list of which is specified by the
procurement documentation, confirming the compliance of the procurement participation bid,
the procurement participant with the requirements specified in the procurement documentation.
7.5.5.2. For an individual entrepreneur:
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а) completed bid form in accordance with the requirements of the procurement
documentation (original);
б) surname, name, patronymic, passport data, information about the place of residence,
contact phone number;
в) an extract from the unified state register of sole proprietors issued by the authorized
body no more than three months before the date of submission of documents to the customer
(copy);
г) the procurement participant’s declaration to evidence that he/she has no arrears in
taxes, fees, debts on other obligatory payments to the budgets of the budget system of the
Russian Federation at the date of a bid (original);
д) documents confirming the provision of company guarantees of the manufacturer of
the goods (copies);
е) information on performance specifications (consumer performance) and qualitative
characteristics of goods, works, services as well as other bids relating to terms of contract
performance including contract value bid, bid for price per unit of goods, works and services.
To the extent set forth in the procurement documentation, copies of documents certifying
conformance of goods, works and services to the requirements stipulated by legislation of the
Russian Federation provided that mandatory requirements are imposed on such goods, works
and services in accordance with legislation of the Russian Federation;
ж) a document confirming the procurement participant’s submission of the bid security
(if necessary);
з) tax returns for the last two years with a tax authority's mark
of acceptance or the list of enclosures with a note of postal office when mailing or notification
of receipt by the tax authority of an electronic document when sending tax declarations in
electronic form (copies);
и) a copy of certificate of state registration of the individual person as a sole proprietor
or certificate of entry in the unified state register of sole proprietors or list of records from the
unified state register of sole proprietors (copy);
к) A copy of certificate of registration with the tax authority (copy);
л) in case where the supply of goods, the performance of works, the provision of
services is related by law to the licensed activity-the relevant licenses, patents, etc. (copies);
м) declaration of the absence/presence of the procurement participant's affiliation
with the customer’s employees and their close relatives (original);
н) a declaration that the procurement participant and its officials are not in conflict with
the customer’s employees (original);
о) if the procurement procedure includes purchasing the rights to use the software
(software), documents on the participant's rights to the software
(including but not limited to the document that the participant is the copyright holder of the
computer program (certificate or other legally significant document), license/sub-license
agreement with the copyright holder of the rights to the computer program/letter (certificate,
etc.) of the copyright holder of the computer program, confirming the right of the procurement
participant to sub-license the computer program indicating the scope of his rights in accordance
with par. 3, 4, 6 of Art. 1235 of the Civil Code of the Russian Federation) (copy);
п) other documents or copies of documents, the list of which is specified by the
procurement documentation, confirming the compliance of the procurement participation bid,
the procurement participant with the requirements specified in the procurement documentation.
7.5.5.3. For an individual person:
а) completed bid form in accordance with the requirements of the procurement
documentation (original);
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б) surname, name, patronymic, passport data, information about the place of residence,
contact phone number;
в) A copy of certificate of registration with the tax authority (copy);
г) documents confirming the provision of company guarantees of the manufacturer of
the goods (copies);
д) information on performance specifications (consumer performance) and qualitative
characteristics of goods, works, services as well as other bids relating to terms of contract
performance including contract value bid, bid for price per unit of goods, works and services.
To the extent set forth in the procurement documentation, copies of documents certifying
conformance of goods, works and services to the requirements stipulated by legislation of the
Russian Federation provided that mandatory requirements are imposed on such goods, works
and services in accordance with legislation of the Russian Federation;
е) a document confirming the procurement participant’s submission of the bid security
(if necessary);
ж) in case where the supply of goods, the performance of works, the provision of
services is related by law to the licensed activity-the relevant licenses, patents, etc. (copies);
р) declaration of the absence/presence of the procurement participant's affiliation
with the customer’s employees and their close relatives (original);
с) a declaration that the procurement participant and its officials are not in conflict with
the customer’s employees (original);
т) if the procurement procedure includes purchasing the rights to use the software
(software), documents on the participant's rights to the software
(including but not limited to the document that the participant is the copyright holder of the
computer program (certificate or other legally significant document), license/sub-license
agreement with the copyright holder of the rights to the computer program/letter (certificate,
etc.) of the copyright holder of the computer program, confirming the right of the procurement
participant to sub-license the computer program indicating the scope of his rights in accordance
with par. 3, 4, 6 of Art. 1235 of the Civil Code of the Russian Federation) (copy);
з) other documents or copies of documents, the list of which is specified by the
procurement documentation, confirming the compliance of the procurement participation bid,
the procurement participant with the requirements specified in the procurement documentation.
7.5.5.4. For a joint procurement participant:
а) a document confirming the association of persons acting on the side of one
procurement participant (joint participant) and the right of a specific procurement participant to
participate in the procurement on behalf of the members of the joint participant (original or
notarized copy);
б) documents and information under par.7.5.5.1 - 7.5.5.3 from each member of the joint
bid. At this, the documents and information specified in accordance
with the listing: а), н) , о) 7.5.5.1; а), е), ж) 7.5.5.2; а), д), е) 7.5.5.3 shall be provided
from the joint participant as a whole.
7.5.6. Copies of documents shall be certified by the participant's signature and stamp (if
available), unless otherwise specified by the requirements of the procurement documentation.
7.5.7. In case the procurement is carried out in electronic form, the participation bids for
the procurement procedure shall be submitted with the help of technical and
software of the Electronic Trading Platform (hereinafter, ETP) in accordance with the
regulation of this ETP.
7.5.8. Other requirements for the bid shall be established in the procurement
documentation, depending on the subject of procurement.
7.5.9. When establishing the requirement to submit documents for participation in the
procurement of documents issued by a third party to the procurement participant, requirements
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for the issuance of such documents shall be established in such a way as to ensure procurement
participants the opportunity to receive such documents within the stipulated time frame and also
to prevent discrimination against to the participants of the procurement.
7.5.10. Procurement bidder’s liabilities associated with the bid include:
а) the obligation to conclude a contract on the conditions specified in the draft contract,
which is an integral part of the procurement documentation and the notice of procurement,
and the submitted bid, as well as the obligation to provide the customer with contract
enforcement, if such obligation is established by the terms of the procurement documentation;
б) the obligation not to change and/or not to withdraw the bid after the expiration of the
deadline for submission of bids;
в) the obligation not to provide false information, data, and documents as part of the
participation bid;
г) the obligation to provide, prior to the conclusion of the contract, information
regarding the entire chain of owners, including beneficiaries (including final ones),
and the composition of the executive bodies, with confirmation by the relevant documents on
the form in accordance with Annex 1 to RI-GD-148 (except for the procurement participants,
which are public authorities, state and municipal institutions and unitary enterprises) in case
where the procurement participant is declared the winning bidder.
If the winning bidder fails to submit the above information to the customer, such person
shall be considered to have evaded the conclusion of the contract.
д) consent to the processing of personal data for cases 7.5.5.2, 7.5.5.3, unless otherwise
provided by the applicable law of the Russian Federation;
е) the obligation to provide a certificate confirming that the procurement participant had
no arrears in taxes, duties, debts on other obligatory payments to the budgets of the budget
system of the Russian Federation under the law of the Russian Federation issued by the relevant
territorial bodies of the Federal Tax Service (if such a requirement in the procurement
documentation), in case the procurement participant is declared the winning bidder.
If the winning bidder fails to provide the above information to the customer, such person
shall be deemed to have evaded the conclusion of the contract.
7.5.11. The bid of the procurement participant shall be rejected by the tender committee,
the procurement participant shall be denied admission to participate in the procurement in the
following cases:
7.5.11.1. Failure to submit documents, as well as information, the requirement for which
is established by the procurement documentation.
7.5.11.2. Non-compliance of the bidder with the requirements established by the
procurement documentation.
7.5.11.3. Non-compliance of the participant’s bid with the requirements for bids
established by the procurement documentation.
7.5.11.4. Non-compliance of the proposed products with the requirements of the
procurement documentation.
7.5.11.5. Failure to provide security for the bid, including failure to submit a document
confirming the deposit as a security for the bid for participation (if necessary).
7.5.11.6. Failure to submit an explanation of the bid at the request of the tender
committee.
7.5.11.7. The provision in the bid of knowingly false information, intentional distortion
of information or documents included in the composition of the bid.
7.5.11.8. The presence of information about the procurement participant in the Register
of Unfair Suppliers.
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7.5.11.9. The presence of the procurement participant's overdue accounts receivable
and/or outstanding obligations toward the customer and its subsidiary business companies
(inclusive of structures affiliated with the procurement participant).
7.5.11.10. The presence of other negative information identified by the results of the
audit under par. 7.5.12.
7.5.11.11. In other cases, stipulated by RI-GD-148.
7.5.12. In the case of establishing the unreliability of the information contained
in the bid, establishing the fact of liquidation of the procurement participant or the arbitration
court's decision to recognize the procurement participant as bankrupt and the opening of
bankruptcy proceedings, the fact of the suspension of the activities of the procurement
participant according to the procedure established by the Code of Administrative Offenses of
the Russian Federation, the fact of availability of overdue accrued taxes, fees
and other mandatory payments to the budgets of any level or to the state non-budgetary funds
for the previous calendar year, the procurement participant shall be excluded from the request
for proposals at any stage thereof.
7.5.13. Refusal of admission to participate in procurement for other reasons not
specified in paragraphs 7.5.11 and 7.5.12 shall be prohibited.
7.6. Procurement Notice Requirements 7.6.1. Procurement notice is an integral part of the procurement
documentation. The information contained in the notice of purchase shall comply with the
information contained in the procurement documentation.
7.6.2. The notice of purchase shall include, among other things, the following
information:
7.6.2.1. The method of procurement.
7.6.2.2. Name, location, mailing address, email address, customer's contact phone
number.
7.6.2.3. The subject of the contract indicating the quantity of goods supplied, the volume
of work performed, services rendered, as well as a brief description of the subject matter of the
purchase in accordance with Part 6.1 of Article 3 of Federal Law No. 223-FL (if necessary).
7.6.2.4. Place of delivery of goods, performance of works and services.
7.6.2.5. Information about the initial (maximum) contract value (lot value) or price
formula that establishes the rules for calculating the amounts payable by the customer to the
supplier during the execution of the contract and the maximum value of the contract price or
the unit price of goods, work, services and the maximum value of the contract value.
7.6.2.6. Date, place and procedure for the provision of procurement documentation, the
amount, procedure and deadlines for payment of fees charged by the customer for the provision
of procurement documentation, if such payment is established by the customer, except in cases
where the procurement documentation is provided in the form of an electronic document.
7.6.2.7. The order, start date, date and time of the deadline for submission of
applications for participation in the procurement (stages of competitive procurement) and the
procedure for summing up the results of competitive procurement (stages of competitive
procurement).
7.6.2.8. The address of an electronic site in the Internet information and
telecommunication network (in case of competitive procurement in electronic form).
7.6.2.9. The amount of security for bids (if necessary), other requirements
for such security, including the conditions of a bank guarantee (if such a method of securing
bids for participation in procurement is provided in accordance with Federal Law No. 223-FL).
7.6.2.10. The amount of security for the execution of the contract (if necessary), other
requirements for such security, the term for its provision prior to the conclusion of the contract.
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7.6.2.11. The timing of each stage in the case if the competitive purchase includes
stages.
7.6.3. At any time before the expiration of bids, the customer shall be entitled to, on his
own initiative or in response to a request from the procurement participant, to make changes in
the documentation and notice of the selection.
7.6.4. Changes made to the notice of purchase shall be posted by the customer
in the EIS no later than within three days from the date of the decision to make these changes.
7.6.5. If changes are made to the notice of purchase, the deadline for submitting bids for
participation in such purchases shall be extended so that from the date of placement of these
changes in the EIS until the deadline for submitting bids for participation in such purchases, at
least half the deadline for submitting bids for participation in such a procurement established
by RI-GD-148X for this method of procurement.
7.7. Procurement Documentation Requirements 7.7.1. The customer simultaneously with the placement of the notice of purchase shall
place in the EIS procurement documentation.
7.7.2. The information contained in the notice of procurement shall comply with the
information contained in the procurement documentation.
7.7.3. Procurement documentation shall include at least the following information:
7.7.3.1. Requirements for safety, quality, technical characteristics, functional
characteristics (consumer properties) of goods, work, service, size, packaging, shipment of
goods, performance results established by the customer and stipulated by the technical
regulations in accordance with the legislation of the Russian Federation on technical regulation,
documents developed and applied in the national standardization system, adopted in accordance
with the legislation of the Russian Federation on standardization, other requirements related to
the determination of the conformity of the supplied goods, the work performed, the service
provided to the customer's needs. If the customer in the procurement documentation does not
use the requirements for safety, quality, technical characteristics, functional characteristics
(consumer properties) of a product, work, service, size, package, in accordance with the
legislation of the Russian Federation on technical regulation, the legislation of the Russian
Federation on standardization shipment of goods, to the results of the work,
the procurement documentation shall contain a justification for the need to use other
requirements related to the determination of the conformity of the supplied goods, the work
performed, the service provided to the customer's needs.
7.7.3.2. Requirements for the content, form, design and composition of the procurement
participation bid.
7.7.3.3. Requirements for the description by the procurement participants of the goods
supplied, which is the subject of the procurement, its functional characteristics (consumer
properties), its quantitative and qualitative characteristics, the requirements for the procurement
participants to describe the work performed, the service provided, which are the subject of the
procurement, their quantitative and qualitative characteristics.
7.7.3.4. Place, terms and conditions (periods) of supply of goods, performance of work,
provision of services.
7.7.3.5. Information about the initial (maximum) contract value (the lot value) or pricing
formula that establishes the rules for calculating the amounts payable by the customer to the
supplier during the execution of the contract and the maximum value of the contract price, or
the unit price of goods, work, services and the maximum value of the contract price.
7.7.3.6. Form, terms and procedure of payment for goods, work, services.
7.7.3.7. The procedure for forming the contract value (the lot value) with or without
expenses for carriage, insurance, payment of customs duties, taxes and other mandatory
payments.
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7.7.3.8. The order, the start date, the date and time of the deadline for submission of the
procurement
participation bids (stages of competitive procurement) and the procedure for summing up the
results of such procurement (stages of such procurement).
7.7.3.9. Requirements for procurement participants.
7.7.3.10. Requirements for procurement participants and subcontractors attracted by
them, co-contractors and/or manufacturers of the goods being procured and a list of documents
submitted by procurement participants to confirm their compliance with the established
requirements in the case of procurement of works on the design, construction, modernization
and repair of highly dangerous technically complex capital construction projects and the
purchase of products associated with the use of atomic energy.
7.7.3.11. Forms, procedure, start date and expiration date of the provision to the
procurement participants of explanations of the provisions of the procurement documentation.
7.7.3.12. The date of consideration of the proposals of the procurement participants and
summarizing the procurement.
7.7.3.13. The criteria for evaluation and comparison of procurement participation bids.
7.7.3.14. The order of evaluation and comparison of procurement participation bids.
In order to increase the transparency of the procurement, to obtain an objectively high-
quality result of the procurement procedure in order of evaluation and comparison of bids for
participation in the procurement, the customer shall determine the formula for calculating points
depending on the specific proposals of the procurement participant under the terms and
conditions of the contract allowing proportional accrual of points depending on the degree of
preference of proposals of procurement participants.
If it is impossible to apply the specified method of evaluation of applications, the
customer shall set the scale of points, that is, the number and basis of the points assigned to the
procurement participant, or another procedure for evaluating applications, which allows
determining the person who offered the best conditions for the execution of the contract to be
the winning bidder of the procurement.
7.7.3.15. Description of the subject of procurement in accordance with Part 6.1 of
Article 3 of Federal Law No. 223-FL.
7.7.3.16. The amount of security for bids (if necessary), other requirements
for such security, including the conditions of a bank guarantee (if such a method of securing
bids for participation in procurement is provided in accordance with Federal Law No. 223-FL).
7.7.3.17. The amount of security for the execution of the contract (if necessary), other
requirements for such security, the term for its provision prior to the conclusion of the contract.
7.7.3.18. Requirements to the procurement participants to provide the certified by the
head of the organization information about the absence/presence of the procurement
participant's affiliation with the customer’s employees and their close relatives
(see par.7.12).
7.7.3.19. Requirements for procurement participants to provide, in case of victory in the
procurement procedure and subsequent conclusion of the contract, the information regarding
the entire chain of owners, including beneficiaries (including final ones) and the composition
of the executive bodies with confirmation by relevant documents (except for procurement
participants that are public authorities, state and municipal institutions and unitary enterprises).
If the participant with whom the contract is concluded, in the manner prescribed by law,
discloses information about owners on publicly available sources, the information shall be
considered to be provided properly after posting a link to such sources in the public part of the
official website of the procurement participant or the Bank of Russia.
7.7.3.20. The requirements specified in par. 5 of the Decree of the Government of the
Russian Federation dated September 16, 2016 No. 925 “On the priority of goods of Russian
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origin, works, services performed and provided by Russian persons, in relation to goods
originating from a foreign country, works, services performed, rendered by foreigners".
7.7.4. It is not allowed to present to the procurement participants, to the purchased
goods, works, services as well as to the conditions of the contract execution the requirements
and to evaluate and compare procurement participation bids according to the criteria and in the
order that are not specified in the procurement documentation. Requirements for procurement
participants, goods purchased, work, services as well as the conditions for the execution of the
contract, the criteria and procedure for evaluating and comparing procurement participation
bids set by the customer, shall apply equally to all procurement participants, to the goods they
offer, works, services, to the conditions of the contract.
7.7.5. Any participant in the competitive procurement shall be entitled to send to the
customer a request for clarification of the provisions of the procurement notice and/or
procurement documentation.
7.7.6. Within three working days from the date of the request, the customer shall clarify
the provisions of the procurement documentation and place them in the EIS
indicating the subject of the request but without specifying the procurement participant from
which the specified request came. In this case, the customer shall be entitled not to carry out
such an explanation if the specified request was received later than three business days before
the deadline for the submission of applications for participation in such a procurement.
7.7.7. Explanations of the provisions of the procurement documentation shall not
change the subject of procurement and the essential terms and conditions of the draft contract.
7.7.8. At any time before the expiration for submission of bids, the customer shall be
entitled to make changes in the procurement documentation on his own initiative or in response
to a request from a procurement participant.
7.7.9. Changes made to the procurement documentation, explanations of the provisions
of the procurement documentation shall be posted by the customer in the EIS no later than
within three days from the date of the decision to make the said changes providing the specified
explanations. If changes are made in the procurement documentation, the deadline for
submission of bids for participation in such procurement shall be extended so that
from the date of placement of these changes in the EIS until the deadline for submission of bids
for participation in such procurement, at least half of the application submission period is left
in such a procurement established by RI-GD-148X for this method of procurement.
7.7.10. The customer shall not provide the procurement documentation upon a separate
request from a procurement participant. The procurement documentation shall be freely
available in the EIS and be available at any time from the date of posting.
7.8. Protocol Requirements 7.8.1. The protocol drawn up during the implementation of competitive procurement
(based on the results of the stage of competitive procurement) shall contain the following
information:
7.8.1.1. The date of signing the protocol.
7.8.1.2. The number of bids for participation in the procurement (procurement stage),
as well as the date and time of registration of each such bid.
7.8.1.3. The results of the consideration of the procurement participation bids (if the
stage of procurement provides for the possibility of consideration and rejection of such
applications) with an indication including:
а) the number of bids for participation in the procurement, that are rejected;
б) the grounds for the rejection of each bid for participation in the procurement with an
indication of the provisions of the procurement documentation, notice of procurement, to which
the given bid does not correspond to;
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7.8.1.4. The results of the evaluation of bids for participation in the procurement with
the indication of the final decision of the committee on the implementation of procurement on
the compliance of such bids with the requirements of the procurement documentation, as well
as on assigning such bids a value for each of the foreseen criteria for evaluating such
applications (if the competitive procurement stage provides for an assessment of such bids).
7.8.1.5. The reasons for which the competitive procurement was declared failed,
if recognized as such.
7.8.2. The protocol drawn up on the basis of competitive procurement (hereinafter - the
final protocol) shall contain the following information:
7.8.2.1. The date of signing the protocol.
7.8.2.2. The number of bids for participation in the procurement, as well as the date and
time of registration of each such bid.
7.8.2.3. The sequence numbers of bids for participation in the procurement, the final
proposals of the procurement participants in order to reduce the degree of profitability of the
contract execution terms contained in them, including information on price proposals and/or
additional price proposals of the procurement participants. The first number shall be assigned
to the bid for participation in the procurement, as well the final proposal, that contain the best
conditions for the execution of the contract. If several procurement participation bids, the final
proposals contain the same conditions for the execution of the contract, a lower sequence
number shall be assigned to the procurement participation bid, the final proposal that was
received earlier than other bids for participation in the procurement, the final proposals
containing the same conditions.
7.8.2.4. The results of the consideration of procurement participation bids, the final
proposals (if the procurement documentation, the notice of procurement at the last stage of the
procurement provides for the consideration of such bids, the final proposals and the possibility
of their rejection) indicating including:
а) the number of bids for participation in the procurement, the final proposals that are
rejected;
б) the grounds for the rejection of each procurement participation bid, each final
proposal with an indication of the provisions of the procurement documentation, notice of
procurement, which do not correspond to such a bid, the final proposal;
7.8.2.5. The results of the evaluation of applications for participation in the
procurement, final proposals (if the procurement documentation at the last stage of its
implementation provides for the evaluation of applications, final proposals) indicating the
decision of the commission on procurement to assign each such bid, each final proposal value
for each of the foreseen evaluation criteria such applications (if the stage of procurement
provides for the evaluation of such bids).
7.8.2.6. The reasons for which the purchase was declared failed, shall be recognized as
such.
7.8.2.7. The volume of purchased products.
7.8.2.8. The price of the purchased products.
7.8.2.9. The terms of execution of the contract.
7.8.2.10. Other information by decision of the tender committee.
7.9. Cancel of purchases 7.9.1. The customer shall be entitled to cancel the competitive purchase for one or more
items of purchase (lot) before the date and time of the deadline for submission of bids for
participation in the competitive purchase.
7.9.2. The decision to cancel the competitive procurement shall be placed in the EIS on
the day of this decision.
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7.9.3. The customer shall not be liable or responsible in the event that procurement
participants do not familiarize themselves with a notice of cancellation of the competitive
procurement.
7.9.4. Upon expiration of the cancellation of the competitive procurement in accordance
with par. 7.7.1 of RI-GD148X and before the conclusion of the contract, the customer shall be
entitled to cancel the determination of the supplier only in the event of force majeure
in accordance with the civil law.
7.9.5. If the decision to cancel the purchase, the bid for which is submitted on paper, is
made before opening the envelopes with bids, the bids received before the decision to cancel
the purchase shall not be opened
and shall be returned at the written request of the procurement participant to this member.
7.10. On securing participation bids in competitive procurement 7.10.1. The customer shall be entitled to establish in the notice of purchase, on the
procurement documentation the requirement of securing bids for participation in competitive
procurement. This requirement shall apply equally to all procurement participants.
7.10.2. Bid security can be provided by the procurement participant by depositing
money or a bank guarantee. The choice of the method of securing the bid shall made by the
procurement participant.
7.10.3. The customer shall not establish in the procurement documentation, the
procurement notification the requirement of securing bids for participation in procurement if
the initial (maximum) contract value does not exceed five million rubles. If the initial
(maximum) contract value exceeds five million rubles, the customer shall be entitled to
establish in the procurement documentation the requirement to secure procurement
participation bids in the amount of not more than five percent of the initial (maximum) contract
value.
7.10.4. The funds deposited as security for the bids shall be returned, and during the
procurement in electronic form, the blocking of such funds shall be stopped within seven
working days in the following cases and in the order:
7.10.4.1. Procurement participants who submitted bids, in case the customer canceled a
competitive purchase on one or more items of purchase (lot)-from the date of posting the
decision to cancel competitive bidding in the EIS;
7.10.4.2. Procurement participant who submitted a bid with violation of the deadline for
submission of applications established in the notice of procurement, documentation on
procurement- from the date of filing such an application;
7.10.4.3. To the procurement participant, who has withdrawn the submitted bid for
participation in the competitive procurement in the manner prescribed by RI-GD-148Х-from
the day of the deadline for submission of bids;
7.10.4.4. Procurement participant not allowed to participate in the procurement
procedure-from the date of placement in the EIS of the relevant protocol with this decision of
the procurement commission;
7.10.4.5. A procurement participant who is not recognized as the winning bidder, and
whose offer is not the best offer after the proposal of the winning bidder of the procurement (or
the same as that of the winning bidder of the procurement) -from the date of posting in the EIS
a protocol drawn up on the basis of competitive procurement;
7.10.4.6. The only participant of the competition, auction, request for quotations,
request for proposals– as well as the winning bidder of the procurement- from the date of
conclusion of the contract with such participants;
7.10.4.7. The procurement participant who offered the same as the winning bidder of
the procurement, the terms and conditions of the contract execution or the offer of which
contains the best terms and conditions of the contract execution following the conditions
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proposed by the winning bidder of the procurement-from the date of conclusion of the contract
with the winning bidder or from the date of conclusion of the contract
with such participant at the evasion of the winning bidder of the procurement.
7.10.5. The bank guarantee issued by the bank to the procurement participant for the
purpose of securing a participation bid in a competitive procurement shall comply with the
requirements specified in the procurement notice and procurement documentation. The validity
period of the bank guarantee provided as security for the bid shall be at least two months from
the expiration date of the application deadline.
7.10.6. The bank guarantee shall be irrevocable and shall contain at least:
а) the amount of the bank guarantees payable by the guarantor to the customer;
б) obligations of the principal, the proper execution of which is guaranteed by a bank
guarantee;
в) the duty of the guarantor to pay the customer a penalty in the amount of 0.1 per cent
of the amount of money payable for each day of delay;
г) a condition according to which the fulfillment of the obligations of the guarantor
under the bank guarantee is the actual receipt of monetary amounts on the account, in which,
in accordance with the legislation of the Russian Federation, transactions
with funds received by the customer are taken into account;
д) validity period of the bank guarantee;
е) a condition on the customer’s right to undoubtedly debit funds from the guarantor’s
account, if the guarantor has not fulfilled the customer’s requirement to pay the bank guarantee
the sum before the expiry of the bank guarantee period within five working days;
ж) other requirements for a bank guarantee may be specified in the procurement
documentation.
7.10.7. If the procurement participant contains documents confirming the payment of
funds as security for the application and did not receive funds into the account specified by the
customer in the procurement documentation before the date of consideration of the bids, such
participant shall be deemed not to have provided the application. This rule shall not apply when
conducting purchases in electronic form on the ETP.
7.10.8. Return of the provision of taking part in the procurement to the participant of the
competitive procurement will not be secured in the following cases:
а) evasion or refusal of the procurement participant to conclude a contract;
б) the participant’s failure to fulfill the obligations specified in par.7.5.10.
в) failure to provide or provision in violation of the conditions established by Federal
Law No. 223-FL before concluding a contract to the customer to enforce the contract (in case
if in the notice of procurement, procurement documentation, requirements are established to
enforce the contract and the term for its submission prior to the conclusion of the contract).
7.11. Requirements for the tender committee 7.11.1. In order to make decisions on the results of the procurement procedures of
products of Aeroflot, PJSC, a tender committee shall be created, appointed by: chairman,
deputy chairman of the commission and secretary of the tender committee.
7.11.2. The work of the tender committee shall carry out at its meetings in the manner
prescribed by Aeroflot, PJSC.
7.11.3. The meeting of the tender committee shall consider valid if it is attended by at
least fifty percent of the total number of its members. Decisions of the tender committee shall
be made by a qualified majority of votes from the number of members present at the meeting
(at least 75%). Voting shall be carried out openly. When voting, each member of the
commission has one vote.
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7.11.4. When conducting the competitive procurement procedures, members of the
tender committee shall be prohibited from taking actions that lead or may lead to the prevention,
restriction or elimination of competition, including:
а) coordination of the procurement participants;
б) creation of a competitive procurement procedure for a participant or several
participants for preferential conditions for participation, including through access
to information, unless otherwise established by the federal law
в) violation of the procedure for determining the winning bidder or winning bidders of
the competitive procurement procedures.
7.11.5. Members of the tender committee who are personally interested (directly or
indirectly) in the results of the procurement cannot participate in determining the winning
bidder.
7.11.6. The Commission shall not be responsible for the timely conclusion
and proper execution of contracts concluded on the basis of the procurement.
7.11.7. When making the selection of an audit organization to conduct a mandatory
audit of the accounting (financial) statements of Aeroflot, PJSC in accordance with Art. 5 of
the Federal Law dated December 30, 2008 No. 307- FL “On Auditing”, members of the Audit
Committee of the Board of Directors of Aeroflot, PJSC shall be included in the tender
committee formed for holding a competition for the selection of an audit organization
(according to the standards of RAS and IFRS).
7.12. Prohibiting conflict of interest in procurement, prevention of corruption and other abuses
7.12.1. Persons making significant decisions during the procurement process
at Aeroflot, PJSC, including members of the tender committee, heads of customer departments,
who develop procurement documentation and
send a bid for the procurement procedure to the competition commission, experts and specialists
of customer departments involved in the evaluation
and comparisons of the bids of the procurement participants (hereinafter referred to as the
customer’s employees) shall not be personally interested (directly or indirectly) in the results
of the procurement, including:
а) be in the staff of the procurement participant-a legal entity or have a contract
concluded with the procurement participants (paid services, contracts,
etc.);
б) to be persons who are capable of influencing the procurement participants,
including persons who are participants or shareholders of the procurement participants - legal
entities, members of their governing bodies, their creditors;
в) to be married to individual persons who are beneficiaries, the sole executive body of
the economic company (director, general director, manager, president
and others), members of the collective executive body of the economic company, the head
(director, general director) of the institution or unitary enterprise or other bodies management
of the procurement participants-legal entities. Beneficiaries are individual persons owning
directly or indirectly (through a legal entity or through several legal entities) more than ten
percent of the voting shares of a business entity or a share exceeding ten percent in the
authorized capital of the business entity;
г) to be married to the procurement participants - individual persons, including those
registered as an individual entrepreneur;
д) to be close relatives (relatives in the direct ascending
and descending lines (parents and children, grandfather, grandmother and grandchildren), full
blood and not full blood (having a common father or mother) brothers
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and sisters), adoptive parents or adopted by the individual persons listed
in this paragraph.
7.12.2. The employee of the customer shall be obliged to notify the employer in the
manner prescribed by Aeroflot, PJSC about a conflict of interest or the possibility of
its occurrence as soon as he becomes aware of this.
7.12.3. In the event that the employee’s customer has a conflict of interests or the
possibility of its occurrence, Aeroflot, PJSC shall be obliged to replace it with another
individual person.
7.12.4. If Aeroflot, PJSC is involved in conducting expert assessment of documentation
and applications for participation in the procurement, external experts, such persons shall be
independent and cannot be employees of the customer, including those who choose the winning
bidder of the procurement.
7.13. Requirements for the draft contract 7.13.1. The customer may provide the following options for the draft contract concluded
on the basis of the results of the procurement:
7.13.1.1. The procurement participant shall be obliged to accept all the terms and
conditions of the draft contract.
7.13.1.2. In the cases stipulated by the procurement documentation, the procurement
participant shall be entitled to issue a protocol of disagreements on the terms and conditions of
the contract, with the exception of the essential terms and conditions of the contract directly
specified in the procurement documentation.
7.13.1.3. In the cases stipulated by the procurement documentation, the procurement
participant shall be entitled to offer a counter draft of the contract, while retaining the essential
terms and conditions of the contract, which are directly specified in the procurement
documentation.
7.13.2. When placing a draft contract in the EIS, such a project shall contain references
to all applications filled out by the customer when concluding a contract
on the results of the procurement.
7.13.3. When purchasing works and services of a continuing nature, a subscription
contract may be concluded.
7.13.4. When concluding a contract by bidding, the customer shall be entitled to change
the terms and conditions of the draft contract, with the exception of the essential terms and
conditions of the contract specified in the procurement documentation, and provided that such
a change does not affect the terms of the contract compared to the terms of the procurement
documentation that were significant making applications and/or determining the winning bidder
and/or determining the contract value.
7.13.5. The draft contract shall indicate:
а) the list of obligations, the non-fulfillment or improper fulfillment of which entails the
recovery of the penalty, the amount of the penalty depending on the default, not properly
executed obligation, the procedure for the recovery of the penalty,
б) order and terms of acceptance of products under the contract, including the order of
interaction of the parties under the contract.
7.14. The initial (maximum) contract value (the lot value), the contract value concluded with a single supplier
7.14.1. The initial (maximum) contract value (lot value) and the contract value
concluded with a single supplier (hereinafter referred to as the initial (maximum) contract value
(lot value) for the purposes of this section)) can be determined by the customer using the
following method or several of the following methods:
а) the method of comparable market prices (market analysis);
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б) regulatory method;
в) tariff method;
г) design and estimate method;
д) cost method;
е) another method if it is impossible to determine the initial (maximum) value of the
contract (value) of the lot using the methods specified in the listingа)-д) this paragraph and
when justifying its use.
7.14.2. The method of comparable market prices (market analysis) is to establish the
initial (maximum) contract value (lot value) on the basis of information on market prices of
identical products planned for procurement, or in their absence of homogeneous products.
7.14.3. When applying the method of comparable market prices (market analysis)
information on product prices shall be obtained taking into account the commercial and/or
financial terms of supplying goods, performance of works, rendering services (if possible)
comparable to the terms of the planned purchase.
7.14.4. When applying the method of comparable market prices (market analysis),
coefficients or indices can be used to recalculate the prices of products,
taking into account differences in the characteristics of goods, commercial and/or financial
conditions for the supply of goods, the performance of work, and the provision of services.
7.14.5. In order to apply the method of comparable market prices (market analysis),
publicly available information on market prices of products, information on product prices
obtained at the request of the customer from suppliers supplying identical products planned
for procurement, or in their absence of homogeneous products, information received as a result
of placing requests for product prices.
7.14.6. Identical goods, works, services shall be recognized goods, work, services that
have the same characteristic of their main features. In determining the identity of goods, slight
differences in the appearance of such goods may not be taken into account. In determining the
identity of works, services, characteristics of the supplier, their business reputation in the market
shall be taken into account.
7.14.7. Homogeneous goods are goods that, while not being identical, have similar
characteristics and consist of similar components, which allows them to perform the same
functions and/or be commercially interchangeable. In determining the homogeneity of goods,
their quality, reputation in the market, and country of origin shall be taken into account.
7.14.8. The commercial and/or financial terms for the supply of goods, the performance
of work and the rendering of services shall be deemed to be comparable if the differences
between such conditions do not have a significant effect on the respective results or these
differences can be taken into account by applying appropriate adjustments to such conditions.
7.14.9. Determination of the identity and homogeneity of goods, works, services,
comparability of commercial and/or financial conditions for the supply of goods, performance
of works, rendering of services is carried out by the customer independently based on the main
characteristics of the product or on the basis of guidelines approved by the customer (if any).
7.14.10. The regulatory method is to calculate the initial (maximum) contract value (lot
value) based on the marginal prices of products determined in accordance with the legislation
of the Russian Federation, regulatory legal acts of the constituent entities of the Russian
Federation, municipal legal acts, acts and documents of federal executive bodies subordinate to
them state (municipal) institutions, state (municipal) unitary enterprises.
7.14.11. The tariff method is applied if, in accordance with the legislation of the Russian
Federation, the prices of purchased products are subject to state regulation or established by
municipal legal acts. In this case, the initial (maximum) contract value (lot value) shall be
determined at regulated prices (tariffs) for products.
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7.14.12. The design and estimate method shall consist in determining the initial
(maximum) contract value (lot value) for construction, reconstruction, current and capital
repairs of a capital construction object on the basis of project documentation, its sections (if
available), as well as other types of construction works, works on design, engineering surveys
in accordance with the methods and standards (state elemental estimate norms) of construction
work and special construction work, approved in accordance with the competence of an
executive body that performs the functions of state policy development and legal regulation in
the field of construction, or the executive body of a constituent entity of the Russian Federation.
7.14.13. The cost method shall consist in determining the initial (maximum) contract
value (lot value) as the sum of the costs incurred and the usual profit for a certain field of
activity. This takes into account the usual in such cases, direct and indirect costs of production
or purchase and/or sales of products, costs of transportation, storage, insurance and
other costs.
7.14.14. Information about the usual profit for a certain field of activity can be obtained
from publicly available sources of information, including information from the information and
price agencies, publicly available results of market research, as well as the results of market
research conducted at the initiative of the customer.
7.14.15. When determining the initial (maximum) contract value (lot value), both listed
in this section and other methods can be used.
7.14.16. When applying any of the methods for determining the initial (maximum)
contract value (lot value), such a price shall be calculated by the customer either independently
or on the basis of the methodological recommendations approved by the customer, or on the
basis of the methods described in the Order of the Ministry of Economic Development of Russia
dated October 2, 2013 No. 567 "On Approval Guidelines for the application of methods for
determining the initial (maximum) contract value, the value of a contract concluded with a
single supplier."
7.14.17. The publicly available information on the prices of products that can be used
for the purposes of determining the initial (maximum) contract value (lot value) shall include:
а) information about the prices of products contained in the contracts of the customer,
which are executed and for which no penalties (fines, penalties) were due in connection
with non-performance or improper performance of obligations under these contracts;
б) product pricing information contained in advertisements, catalogs, descriptions of
goods and other offers that are addressed to an indefinite number of persons and are recognized
in accordance with civil law by public offers;
в) information on quotations on Russian stock exchanges and foreign stock exchanges;
г) information about quotations on the ETP;
д) data of state statistical reporting on product prices;
е) information on product prices contained in the official sources of information of
authorized state bodies and municipal authorities in accordance with the legislation of the
Russian Federation, the legislation of constituent entities of the Russian Federation, municipal
regulatory legal acts, official information sources of foreign states, international organizations
or other publicly available publications;
ж) information on the market value of the objects of valuation determined in accordance
with the legislation governing the valuation activity in the Russian Federation or the legislation
of foreign states;
з) information from pricing agencies, publicly available market research results, as well
as the results of market research conducted at the initiative of the customer including on the
basis of a contract, other sources of information.
7.14.18. If at the time of entering into the contract it is impossible to determine the
volume of goods to be supplied, performance of works, the provision of services, instead of the
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initial (maximum) contract value (lot value), either the price formula specifies the rules for
calculating the amount payable by the customer to the supplier during the execution contract,
and the maximum value of the contract price, or the price per unit of output and the maximum
value of the contract price.
7.14.19. The initial (maximum) contract value can be set both
with and without value added tax (hereinafter referred to as VAT), which is indicated in the
procurement documentation.
7.14.20. The initial (maximum) contract value (lot value) can be expressed in foreign
currency. In this case, the procurement documentation, the draft agreement, the agreement with
the sole supplier shall contain the procedure for applying the official foreign exchange rate to
the Russian ruble established by the Central Bank of the Russian Federation (hereinafter-the
Bank of Russia) and used in evaluating the bid of the procurement participant and paying the
concluded contract.
7.15. Recognition of the procurement failed 7.15.1. Competitive procurement shall be declared failed if:
а) at the end of the bid submission period, no bids have been submitted;
б) at the end of the bid deadline, only one bid from one participant is submitted;
в) according to the results of consideration of bids, all bids of participants are rejected;
г) according to the results of consideration of bids, only one bid was found to meet the
requirements of the procurement documentation;
д) during the auction, if the initial (maximum) value of the contract has
never been reduced.
7.15.2. In the event that the procurement documentation provides for two or more lots,
the purchase shall be deemed to have failed only for the lot in respect of which the provisions
of par.7.15.1.
7.15.3. If at the end of the bid submission period established by the procurement
documentation, the customer shall receive only one bid, despite the fact that the procurement
procedure is declared invalid, the tender committee shall review
it in the manner prescribed by RI-GD-148X. If the considered bid and the procurement
participant that submitted such a bid meet the requirements and conditions stipulated by the
procurement documentation, the customer shall be entitled to conclude a contract
with such participant, either to refuse to conclude a contract with it, or to repeat the
procurement.
7.15.4. If at the end of the deadline for submitting bids for participation in the
procurement, not a single bid is submitted or all bids of the participants are rejected by the
customer, on the grounds stipulated by RI-GD-148X, the customer shall be entitled to purchase
from a single supplier on the basis of par. 6.7.18 or re-purchase, or cancel the purchase.
7.15.5. If a decision is made to conclude a contract with a single participant in an
auction, the contract shall be concluded on the conditions provided for in the procurement
documentation at the initial (maximum) value of the contract (lot value) specified in the notice
of purchase, or at the price agreed with such procurement participant, but not exceeding the
initial (maximum) contract value (lot value).
7.15.6. If during the auction the initial (maximum) value of the contract has never been
reduced, the auction is declared invalid, the customer shall be entitled to purchase from a single
supplier on the basis of paragraph6.7.18 or enter into the contract with the participant admitted
to participate in the auction bid other eligible participants.
7.15.7. The decision on the recognition of the failure of the procurement shall be entered
in the protocol of the tender committee indicating the reason for the recognition of the
procurement as failed on the grounds specified in par.7.15.1.
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7.16. Recognition of the procurement participant evaded from the conclusion of the contract
7.16.1. The winning bidder, another participant shall be considered to have avoided
concluding a contract in the following cases:
7.16.1.1. Direct written refusal to sign the contract.
7.16.1.2. Failure to sign the draft contract in the period provided for
in the procurement documentation.
7.16.1.3. Failure to submit the documents required to provide
prior to the conclusion of the contract and provided for in the procurement documentation
and/or in the bid of such a participant.
7.16.1.4. Failure to ensure the enforcement of the contract, if there is such a requirement
in the procurement documentation, within the time specified in the procurement
documentation.
7.16.1.5. In other cases, stipulated by RI-GD-148.
7.16.2. In case of evasion of the winning bidder of the procurement from the conclusion
of the contract, the customer shall be entitled to:
7.16.2.1. Re-purchase.
7.16.2.2. Refuse to conclude a contract.
7.16.2.3. Conclude a contract with another participant, who took second place
on the terms and conditions of the execution of the contract proposed by this participant in the
submitted bid. In case of evasion by the participant who took the second place from the
conclusion of the contract, the customer shall be entitled to apply par.6.7.18.
7.16.2.4. Go to court with the requirement of forcing the winning bidder to conclude a
contract, as well as to compensate for losses caused by evasion from the conclusion of the
contract.
7.16.3. When evading the person with whom the contract is concluded, from signing
such a contract, the customer shall:
7.16.4. Hold the security of the bid of such a person.
7.16.5. Forward the proposal to the appropriate authority on the inclusion of information
about such a person in the Register of Unfair Suppliers.
8. Competition Procedure
8.1. General procedure for open competition 8.1.1. In order to purchase products through an open tender, it shall:
8.1.1.1. Develop and place in the EIS a notice on the purchase of procurement
documentation, a draft contract.
8.1.1.2. In case of receiving from the procurement participant a request for clarification
of the provisions of the procurement documentation, provide the necessary clarifications.
8.1.1.3. If necessary, make changes to the notice of procurement, procurement
documentation.
8.1.1.4. Accept all bids submitted on time and in the order established
in the procurement documentation.
8.1.1.5. To carry out a public opening of envelopes with competitive bids.
8.1.1.6. Review, evaluate and compare bids in order to determine the winning bidder of
the competition.
8.1.1.7. Place in the EIS the protocols drawn up in the course of the procurement and
the final protocol.
8.1.1.8. Conclude a contract on the results of the purchase.
8.2. Procurement notice
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8.2.1. The customer, at least fifteen days before the deadline for submission of bids for
participation in the competition, shall place in the EIS a notice of purchase.
8.2.2. The procurement notice shall contain the information in accordance
with par.7.6.
8.3. Procurement documentation 8.3.1. The procurement documentation shall contain information in accordance
with par.7.7, as well as:
8.3.1.1. Requirements for the term and/or volume of quality assurance of goods, works,
services, for the maintenance of goods, for the costs of operation of the goods (if necessary).
8.3.1.2. Information about the currency used to form the contract value and settlements
with suppliers.
8.3.1.3. The procedure for applying the official foreign currency exchange rate to the
ruble of the Russian Federation established by the Bank of Russia and used for payment of the
concluded agreement, if the foreign currency is used to form the contract value.
8.3.1.4. Information about the possibility of the customer to increase the quantity of the
delivered goods upon conclusion of the contract (if necessary).
8.3.1.5. Information about the possibility of the customer to change the quantity of
goods specified in the contract, the scope of work, services and the percentage of such change
(if necessary).
8.3.1.6. Information about the possibility of the customer to conclude a contract with
several participants of the procurement (if necessary).
8.3.1.7. The procedure and deadline for withdrawal of tender bids, the procedure for
amending such bids.
8.3.1.8. Validity period of the bid (if necessary).
8.3.1.9. The validity period of the provision of the bid (if necessary).
8.3.1.10. The deadline for signing the contract by the winning bidder, other procurement
participants (if necessary).
8.3.1.11. The consequences of the recognition of the competition failed.
8.3.1.12. Place, date and time of opening of the envelopes with competitive bids.
8.3.1.13. Other information and requirements depending on the subject of procurement
(if necessary).
8.3.2. A draft contract concluded on the basis of the results of the procurement, which
is an integral part of the procurement notice and procurement documentation, shall be attached
to the notice of procurement and the procurement documentation (when conducting a tender
for several lots, a single draft of the contract may be attached to the procurement documentation,
containing general conditions for the lots and special conditions for each lot).
8.3.3. The procedure for sending requests for clarification of procurement
documentation shall be specified in paragraphs 7.7.5-7.7.7.
8.4. Bid Requirements 8.4.1. To participate in the competition, the participant shall prepare a bid for
participation in the competition, executed in full compliance with the requirements of the
procurement documentation.
8.4.2. The bid for participation in the tender may contain the information specified
in paragraph7.5 including the requirement to submit any other documents or copies of
documents, the list of which is specified by the procurement documentation, confirming the
compliance of the bid submitted by the procurement participant with the requirements
established in the procurement documentation.
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8.5. Procedure for accepting bids 8.5.1. From the date of placement of the notice of procurement in the EIS until the
expiration of the deadline for submission of tender bids established in the notice of
procurement, the customer shall accept tender bids.
8.5.2. To participate in the tender, the procurement participant shall submit in a sealed
envelope a tender bid in the form and in the manner prescribed by the procurement
documentation. A procurement participant shall be entitled to submit only one tender bid
for each subject of the tender (lot).
8.5.3. All bids received before the expiration of submission of bids shall be registered
by the customer. At the request of the procurement participant, the customer shall issue a receipt
for the envelope with the tender bid indicating the date and time of its receipt.
8.5.4. On receipt of an improperly sealed bid, an appropriate note shall be made in the
receipt.
8.5.5. The customer shall ensure the confidentiality of information contained in the
submitted bids before summing up the competition.
8.5.6. If the customer extends the bid submission period, an applicant that has submitted
a bid shall be entitled to make any of the following decisions:
8.5.6.1. Withdraw the submitted bid.
8.5.6.2. Do not withdraw the bid and extend its term and the term of the security by the
relevant period of time, and change it (if desired).
8.5.6.3. Do not withdraw the bid and do not term its validity, in such case the bid expires
on the initial expiration date.
8.5.7. Tender bids received by the customer after the deadline for submission of tender
bids established by the procurement documentation, shall not be reviewed and sent to the
procurement participants who filed such tenders within three days of receipt of tenders without
violating the integrity of the envelope in which such a bid was filed. Late bid applications shall
be opened only if the envelope does not contain the mailing address (for a legal entity) or
information about the place of residence (for an individual person) of the procurement
participant.
8.6. Opening envelopes with bids 8.6.1. Publicly on the day, at the time and in the place indicated in the procurement
documentation, the tender committee shall open the envelopes with the bids.
8.6.2. The tender committee shall open the envelopes with the tender bids, which were
received by the customer within the terms specified by the procurement documentation.
8.6.3. If it is established that one procurement participant has submitted two or more
tender bids for the same lot, provided that bids submitted by such participant have not been
withdrawn, all tender bids of the procurement participant filed for this lot shall not be
considered and returned to the participant.
8.6.4. Procurement participants who submitted bids or their representatives shall be
entitled to attend the opening of envelopes with bids.
8.6.5. In the course of opening the envelopes received for the contest, the chairman or a
member of the tender committee who replaces him, on the basis of the documents submitted in
the competitive bid, shall announce the following information:
8.6.5.1. About the contents of the envelope (competitive bid, its change, review,
otherwise).
8.6.5.2. Name (for a legal entity), last name, first name, patronymic (for an individual
person) and the mailing address of each procurement participant whose envelope with the
tender bid is opened.
8.6.5.3. Availability of documents stipulated by the procurement documentation.
8.6.5.4. Any other information that the tender committee deems necessary to announce.
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8.6.6. Representatives of the procurement participants may be given the right to inform
about the content of the bid and answer questions from members of the tender committee.
8.6.7. Bids that are not opened and not read in the order described above, can no longer
be accepted in this purchase for consideration under any conditions.
8.6.8. According to the results of the procedure for opening envelopes with competitive
bids, the tender committee shall draw up a relevant protocol, which shall contain information
in accordance with paragraph7.8 as well as:
8.6.8.1. The nominal composition of those present at the procedure for the opening of
members of the tender committee.
8.6.8.2. List of late bids.
8.6.9. The protocol for opening envelopes with competitive bids shall be signed by all
members of the tender committee present at the meeting no later than three working days from
the date of the procedure for opening envelopes with the competitive bids.
8.6.10. The specified protocol shall be placed by the customer no later than three days
from the date of signing in the EIS.
8.7. Evaluation and comparison of bids 8.7.1. For evaluation and comparison of bids, the tender committee shall be entitled to
involve experts and specialists from the customer’s departments, as well as, not limited to, any
other persons whom it deems necessary. Based on the results of the assessment, a written expert
opinion shall be submitted to the tender committee for making a decision on determining the
winning bidder. The tender committee shall be entitled to disagree with the conclusions and
recommendations set forth in the expert opinion, to send competitive bids for re-evaluation and
comparison, to involve other experts and specialists, or to make a decision independently. At
the same time, the persons participating in the evaluation and comparison of the bids, including
members of the tender committee, shall ensure the confidentiality of the assessment process.
8.7.2. The selection, evaluation and comparison of bids shall be carried out in the
following order:
conducting the qualifying stage.
conducting the evaluation stage.
8.7.3. Qualifying stage. As part of the qualifying stage, the following actions shall be
performed:
8.7.3.1. Verification of the procurement participants for compliance with the
requirements of the customer and verification of their bids for compliance with the requirements
of the procurement documentation for the preparation of bids; bids shall be considered as
meeting the requirements of the procurement documentation.
8.7.3.2. Verification of the procurement participant, including its legal capacity,
accuracy of information and documents submitted to the tender, absence of a procurement
participant in the Register of Unfair Suppliers, absence of overdue receivables and/or
unfulfilled obligations to the customer under previously concluded contracts (including
structures affiliated with the procurement participant).
8.7.3.3. Checking the proposed products for compliance with the requirements of the
procurement documentation.
8.7.3.4. Rejection of tender bids, which, according to the members of the tender
committee, do not meet the requirements of the tender on the merits, and the decision to refuse
the procurement participants who have submitted such bids to admit to participate in the tender.
8.7.4. Evaluation stage. At the evaluation stage, the involved experts and specialists
shall evaluate and match the bids, which were not rejected at the selection stage. The purpose
of the evaluation and comparison of bids is to rank them according to the degree of preference
for the customer in order to determine the winning bidder of the competition.
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8.7.4.1. Evaluation shall be carried out in strict accordance with the criteria and
procedures specified in the procurement documentation.
8.7.4.2. The procurement documentation shall include both criteria for evaluating and
comparing bids, as well as their weights, as well as the procedure for evaluating and comparing
bids in accordance with the specified criteria.
8.7.5. Selection and assessment stages can be combined (held simultaneously).
8.7.6. If necessary, during the consideration of bids, the tender committee shall be
entitled to request the procurement participants to clarify the provisions
and provide the missing documents (if necessary). At the same time, inquiries or requests for
the provision of missing documents not provided for in the procurement documentation, as well
as those aimed at changing the essence of the tender application, including changing the
commercial terms of the bid (price, currency, delivery terms and conditions, delivery schedule
or payment, other commercial terms) or technical conditions of the tender bid (list of products
offered, its technical characteristics, other technical conditions). Requests for a change or
submission of a missing bid security shall also not be allowed.
8.7.7. If during the selection, evaluation and comparison of tender bids, the tender
committee needs to extend the deadlines for the selection and (or) evaluation stage specified as
the dates for consideration of the proposals of the procurement participants and summarizing
the results of the procurement notice, the customer within one working day from the day the
decision of the tender committee to extend the qualifying and/or evaluation stage, shall place
in the EIS a notification of the extension of the corresponding period.
8.8. Determining the winning bidder of the competition 8.8.1. The winning bidder of the competition is the procurement participant who has
proposed the best combination of terms and conditions for the execution of the contract, and
whose bid has been awarded the highest number of points according to the results of evaluation
and comparison of bids. The decision
on determining the winning bidder, the tender committee shall take on the basis of the ranking
of bids.
8.8.2. If several tender bids contain equivalent combinations of terms and conditions for
performance of the contract, a lower sequence number shall be assigned to the tender bid, which
was received earlier than other tender bids containing such terms.
8.8.3. According to the results of the meeting of the tender committee, at which the
winning bidder of the competition is determined, the final protocol shall be drawn up.
It contains information in accordance with par. 7.8, as well the nominal composition of the
members of the tender committee present at the meeting.
8.8.4. The protocol shall be signed by the members of the tender committee who
attended the meeting on the day of summing up the competition and be approved (signed) by
one of the customer’s managers in accordance with internal procedures. The specified protocol
shall be placed by the customer no later than three days from the date of approval (signing) in
the EIS.
8.9. Features of the competition in electronic form 8.9.1. The competition in electronic form shall be held in the order of the open
competition taking into account the provisions of paragraph 5.8.
8.9.2. When conducting a tender in electronic form, the procedure for opening
envelopes with tender bids shall not be carried out.
8.9.3. Information about the bids received shall be reflected in the final protocol.
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8.9.4. The tender procedure in electronic form, determined
in the procurement documentation, shall take into account the regulations of the operator of the
electronic platform on which the tender is held.
9. Auction procedure
9.1. The general procedure for conducting a public auction and an auction in electronic form (hereinafter-electronic auction)
9.1.1. In order to purchase products through an electronic auction, it shall:
9.1.1.1. Develop and place in the EIS a notice of procurement, procurement
documentation, a draft contract.
9.1.1.2. In case of receiving from the procurement participant a request for clarification
of the provisions of the procurement documentation, provide the necessary clarifications.
9.1.1.3. If necessary, make changes to the notice of procurement, procurement
documentation.
9.1.1.4. Consider auction bids in order to decide on admission or refusal to admit a
procurement participant to participate in the auction.
9.1.1.5. Hold an auction on the ETP.
9.1.1.6. Place in the EIS protocols drawn up on the results of meetings of the tender
committee.
9.1.1.7. Conclude a contract on the results of the purchase.
9.2. Procurement notice 9.2.1. The customer no later than fifteen days before the deadline for submission of bids
for participation in the auction shall post a notice of purchase in the EIS.
9.2.2. The notice of purchase shall contain information in accordance
with paragraph7.6, as well as the time period for refusal to hold an auction.
9.3. Procurement documentation 9.3.1. Procurement documentation shall contain information in accordance
with par.7.7, as well as:
9.3.1.1. Requirements for the term and/or volume of quality assurance of goods, works,
services, for the maintenance of goods, for the costs of operation of the goods (if necessary).
9.3.1.2. Information about the currency used to form the contract value and settlements
with suppliers.
9.3.1.3. The procedure for applying the official foreign currency exchange rate to the
ruble of the Russian Federation established by the Bank of Russia and used for payment of the
concluded contract, if the foreign currency is used to form the contract value.
9.3.1.4. Information about the possibility of the customer to increase the quantity of the
delivered goods upon conclusion of the contract (if necessary).
9.3.1.5. Information about the possibility of the customer to change the quantity of
goods specified in the contract, the scope of work, services and the percentage of such change
(if necessary).
9.3.1.6. The procedure and deadline for withdrawal of auction bids, the procedure for
amending such bids.
9.3.1.7. The order of the auction including the "auction pitch".
9.3.1.8. Validity period of the bid (if necessary).
9.3.1.9. The validity period of the provision of the bid (if necessary).
9.3.1.10. The deadline for signing the contract by the winning bidder, other procurement
participants (if necessary).
9.3.1.11. Dates and start and end times for accepting the auction bids.
9.3.1.12. Date and time of the auction.
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9.3.1.13. The consequences of declaring the auction invalid.
9.3.1.14. Other information and requirements depending on the subject of procurement.
9.3.2. The procurement notice and procurement documentation shall be accompanied
by a draft contract concluded on the basis of the procurement results, which is an integral part
of the procurement notice and procurement documentation (in the case of an auction
for several lots, a single draft contract may be attached to the procurement documentation,
containing general conditions for lots and special conditions for each lot).
9.3.3. The procedure for sending requests for clarification of procurement
documentation is specified in paragraphs7.7.5-7.7.7. A request for clarification of the
procurement documentation shall be submitted by the participant to the customer through the
ETP operator at which the auction is held.
9.4. Requirements for the auction bid 9.4.1. To participate in an electronic auction, the participant shall prepare a bid drawn
up in full compliance with the requirements of the procurement documentation.
9.4.2. The bid for participation in the auction may contain information specified in
paragraph7.5 of this provision including the requirement to provide any other documents or
copies of documents, the list of which is specified by the procurement documentation,
confirming compliance of the bid submitted by the procurement participant with the
requirements established in the procurement documentation.
9.4.3. The bid shall be submitted to the ETP specified in the notice of purchase
in accordance with the regulations of the ETP operator.
9.5. Bid security 9.5.1. The method of securing the bid shall be established taking into account the rules
of the operator of the ETP at which such auction is held.
9.6. Procedure for accepting auction bids 9.6.1. From the date of placement of the notice of procurement in the EIS and until the
deadline for the filing of auction bids established in the notice of purchase, the ETP operator
shall accept the auction bids.
9.6.2. To submit an auction bid to the participant, accreditation shall be required on the
ETP in accordance with the regulations of the ETP operator.
9.6.3. If the customer extends the bid submission period, an applicant that has submitted
a bid shall be entitled to make any of the following decisions:
9.6.3.1. Withdraw the submitted bid.
9.6.3.2. Do not withdraw the submitted bid while extending its validity period and the
validity period of the application for the corresponding period of time and changing it (if
desired).
9.6.3.3. Do not withdraw the bid and do not term its validity period, in such case the bid
expires on the initial expiration date.
9.7. Consideration of the auction bids 9.7.1. When considering auction bids, the following actions shall be performed:
9.7.1.1. Verification of the procurement participants for compliance with the
requirements of the customer and verification of their applications for compliance with the
requirements of the procurement documentation for the preparation of the bids; however,
auction bids shall be considered to meet the requirements of the procurement documentation.
9.7.1.2. Verification of the procurement participant including its legal capacity,
accuracy of information and documents submitted to the auction, the absence of the
procurement participant in the Register of Unfair Suppliers, the absence of overdue receivables
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and/or unfulfilled obligations to the customer under the previously concluded contracts
(including structures affiliated with the procurement participant).
9.7.1.3. Checking the proposed products for compliance with the requirements of the
procurement documentation.
9.7.1.4. According to the results of consideration of bids for participation in the auction,
the tender committee shall make a decision on the recognition of the procurement participant
as the auction participant or about the refusal to recognize the procurement participant as the
auction participant.
9.7.2. If necessary, during the consideration of the bids for participation in the auction,
the tender committee shall be entitled to require the procurement participants to clarify the
information contained in the auction bids. Requirements of the tender committee aimed at
changing the content of the auction bid changing or providing the missing bid security, as well
as clarifications of the procurement participant, changing the essence of the proposal contained
in the bid submitted by such participant, shall not be allowed.
9.7.3. According to the results of consideration of the bids, a protocol for consideration
of auction bids shall be drawn up, the composition of which shall comply with paragraph 7.8and
contain the nominal composition of the members of the tender committee present at the meeting.
9.7.4. The protocol shall be signed by the members of the tender committee who
attended the meeting on the day of the end of the consideration of the auction bids and
be approved by one of the customer’s managers in accordance with internal procedures.
9.7.5. The specified protocol shall be posted by the customer no later than three days
from the date of approval in the EIS and on the ETP.
9.8. Conducting an electronic auction, determining the winning bidder of the procurement
9.8.1. An electronic auction shall be held on the ETP on the date specified in the notice
of the procurement. The start time of such an auction shall be set by the operator of the
electronic platform in accordance with the time zone in which the customer is located.
9.8.2. The electronic auction shall be conducted by reducing the initial (maximum)
contract value specified in the notice of purchase in the manner prescribed by par.9.8.6.
9.8.3. If the procurement documentation indicates the total unit price of goods, work,
services, such an auction shall be conducted by reducing the total unit price of goods, work,
services.
9.8.4. The amount of reduction in the initial (maximum) contract value (hereinafter
referred to as the “auction pitch”) ranges from 0.5 percent to five percent of the initial
(maximum) contract value.
9.8.5. When conducting an electronic auction, its participants shall submit the proposals
on the contract value, which provide for a reduction in the current minimum offer on the
contract value by an amount within the “auction step”.
9.8.6. When conducting an electronic auction, its participants shall submit bids for the
contract value taking into account the following requirements:
а) the participant of such an auction shall not be entitled to submit a proposal for the
contract value, equal to the proposal for the value of the contract previously submitted by this
participant, or more than it, as well as a proposal for the contract value equal to zero;
б) a participant in such an auction shall not be entitled to submit a bid for the contract
value which is lower than the current minimum bid value for the contract reduced
within the “auction step”;
в) a participant in such an auction shall not be entitled to submit a proposal for a contract
value that is lower than the current minimum value proposal for a contract if it is submitted by
such an electronic auction participant.
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9.8.7. From the commencement of the electronic auction on the ETP until the end
(expiration) of the deadline for the submission of proposals for the contract value,
all proposals for the contract value and the time of their receipt,
as well as the time remaining until the expiration (expiry) term for the submission of the contract
value, shall be indicated in accordance with the regulations of the operator of the electronic
platform.
9.8.8. When conducting an electronic auction, the time for receiving offers from
participants in such an auction about the value of the contract shall be set in accordance
with the regulations of the operator of the electronic platform. If during the specified time, no
proposals for a lower contract value have been received, such an auction automatically, using
software and hardware to ensure its implementation, shall be completed.
9.8.9. During the electronic auction, the operator of the electronic platform shall be
obliged to reject the proposals for the value of the contract that do not meet the requirements
stipulated in par.9.8.6.
9.8.10. Deviation by the operator of the electronic platform of proposals for the contract
value on the grounds not provided for in par.9.8.6 shall not be allowed.
9.8.11. The winning bidder of the auction in electronic form shall be the person whose
bid meets the requirements established by the procurement documentation and
who offered the lowest contract value by reducing the initial (maximum) contract value (or the
total unit price of goods, work, services).
9.8.12. The protocol of the electronic auction shall be placed on the ETP by
its operator in accordance with the regulations of the operator of the electronic platform.
9.8.13. According to the results of the auction in electronic form, the tender committee
shall draw up a protocol for summarizing the electronic auction in accordance with
paragraph7.8.
9.8.14. The report shall be signed by the members of the tender committee who are
present at the meeting on the day of the summation of the procurement and shall be approved
by one of the heads of the customer in compliance with its internal procedures.
9.8.15. The specified protocol shall be placed by the customer no later than three days
from the date of signing in the EIS.
9.8.16. On the date specified in the procurement documentation, the customer and the
winning bidder of the open auction shall sign the contract. When evading the winning bidder
of a public auction from signing the contract, the customer shall retain the bid security for the
bid submitted by such participant.
9.8.17. In case the auction winning bidder dodges the conclusion of the contract, the
tender committee shall be entitled to decide to conclude a contract with the participant who
made the penultimate offer on the price of the contract, on the terms and conditions of the draft
contract attached to the procurement documentation, and at the contract value proposed by such
participant according to the auction, such a decision shall be documented by the relevant
protocol of the meeting of the tender committee. The participant shall not be entitled to refuse
to conclude a contract.
9.8.18. In case of evasion of the participant who made the penultimate offer
on the contract value, the customer shall be entitled to apply par.6.7.18.
9.9. Features of the closed auction 9.9.1. Closed auction is held subject to the provisions of paragraph5.7.
9.9.2. The customer, within the deadlines established for placing the notice of purchase
in the EIS, shall send invitations to participate in a closed auction on paper that meets the
requirements of RI-GD-148X, in accordance with the list of persons.
9.9.3. Closed auction shall be held in the following order:
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9.9.3.1. The tender committee immediately before the start of the closed auction shall
registers the auction participants who came to the auction,
or their representatives. In case of holding a closed auction for several lots, the tender committee
before the start of each lot registers the auction participants who submitted bids for such a lot
and came to the auction, or their representatives. When registering, participants in a closed
auction or their representatives shall be issued the numbered cards (hereinafter referred to as
cards).
9.9.3.2. A closed auction shall start with the auctioneer announcing the start of a closed
auction (lot), the lot number (in case of a closed auction for several lots), the subject of the
contract, the initial (maximum) value of the contract (lot).
9.9.3.3. The auctioneer offers the auction participants to state their proposals on the
contract value.
9.9.3.4. The auction participant, after the auctioneer announces the initial (maximum)
value of the contract (lot value) and the contract value reduced according to the “auction step”,
shall raise the cards in case he agrees to conclude a contract at the announced price.
9.9.3.5. The auctioneer shall announce the card number of the auction participant who
first raised the card after the auctioneer announced the initial (maximum) contract value (lot
value) and the contract value reduced according to the “auction step”, as well as the new
contract value reduced according to the "auction step", and the auction step, in accordance with
which the price is reduced.
9.9.3.6. An auction shall be considered to be completed if, after the auctioneer
announces the contract value three times, no auction participant has raised the card. In this case,
the auctioneer announces the end of the auction (lot), the last
and the penultimate offer on the contract value, the card number and the name of the auction
winning bidder and the auction participant who made the penultimate offer
on the contract value.
9.9.3.7. During the auction procedure, the tender committee, independently or at the
request of the auction participant, may decide to suspend the bidding for the auction (lot) and
announce a short break.
9.9.3.8. The duration of the short break in the bidding for the lot
shall not be less than 10 minutes, but not more than 20 minutes.
9.9.3.9. A break in the conduct of bidding for each lot may be announced by the tender
committee no more than twice.
9.9.3.10. During the whole bidding procedure (including a break), auction participants
shall be prohibited from entering into negotiations between themselves, the tender committee,
the auctioneer shall be allowed to leave the auction venue only one at a time.
9.9.3.11. According to the results of the auction, the tender committee shall draw up a
report on the results of the closed auction. It contains information in accordance with par.7.8,
as well as the nominal composition of the members of the tender committee present at the
meeting. The protocol shall sign by the members of the tender committee who attended the
meeting on the day of the auction and be approved by one of the customer’s managers in
accordance with internal procedures.
10. Order of the request for proposals
10.1. The general procedure for conducting an electronic request for proposals 10.1.1. The procedure for conducting the request for proposals in electronic form shall
be determined by this section, as well as by the regulations of the operator of the electronic
platform on which such request for proposals is held.
10.1.2. In order to purchase products by conducting a request for proposals
in electronic form, it shall:
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10.1.2.1. Develop and place in the EIS a notice of procurement, the procurement
documentation in electronic form, a draft contract.
10.1.2.2. In case of receiving from the procurement participant a request for clarification
of the provisions of the procurement documentation in electronic form, provide the necessary
clarifications.
10.1.2.3. If necessary, make changes to the notice of procurement,
in the procurement documentation in electronic form.
10.1.2.4. Review, evaluate and compare participation bid for the request of proposals in
electronic form.
10.1.2.5. Place in the EIS a protocol compiled following the results of the request for
proposals in electronic form.
10.1.2.6. Conclude a contract on the results of the purchase.
10.2. Procurement notice 10.2.1. When conducting a request for proposals in electronic form, the customer shall,
at least seven working days before the deadline for the submission of participation bids
for the request for proposals, to place a notice of procurement and procurement documentation,
the draft contract in the EIS.
10.2.2. The notice of procurement shall contain the information in accordance
with paragraph7.6.
10.3. Procurement documentation 10.3.1. Procurement documentation shall contain information in accordance with
paragraph7.7, as well as:
10.3.1.1. Requirements for the term and/or volume of quality assurance of goods, works,
services, for the maintenance of goods, for the costs of operation of the goods (if necessary).
10.3.1.2. Information about the currency used to form the contract value and settlements
with suppliers.
10.3.1.3. The procedure for applying the official foreign currency exchange rate to the
ruble of the Russian Federation established by the Bank of Russia and used for payment of the
concluded agreement, if the foreign currency is used to form the contract value.
10.3.1.4. Information about the possibility of the customer to increase the quantity of
the delivered goods upon conclusion of the contract (if necessary).
10.3.1.5. Information about the possibility of the customer to change the quantity of
goods specified in the contract, the scope of work, services and the percentage of such change
(if necessary).
10.3.1.6. Date and time of the beginning and end of the receipt of bids for participation
in the request for proposals.
10.3.1.7. The procedure and deadline for withdrawal of participation bids in the request
for proposals, the procedure for amending such bids.
10.3.1.8. Validity period of the bid (if necessary).
10.3.1.9. The validity period of the provision of the bid (if necessary).
10.3.1.10. The deadline for signing the contract by the winning bidder, other
procurement participants (if necessary).
10.3.1.11. The consequences of the recognition of the request for proposals failed.
10.3.1.12. Other information and requirements depending on the subject of
procurement.
10.3.2. A purchase contract and procurement documentation shall be accompanied by a
draft contract concluded on the basis of the procurement results, which is an integral part of the
procurement notice and procurement documentation (when conducting a request for proposals
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for several lots, a single draft contract may be attached to the procurement documentation
containing general conditions for the lots and special conditions for each lot).
10.3.3. The procedure for sending a request for clarification of the provisions of the
procurement documentation shall be set out in paragraphs 7.7.5-7.7.7.
10.4. Requirements for the participation bid for the request of proposals 10.4.1. In order to participate in the request for proposals, the participant shall prepare
a bid drawn up in full compliance with the requirements of the procurement documentation.
10.4.2. A participation bid for the request of proposals may contain information similar
to the information specified in paragraph7.5 including the requirement
to submit any other documents or copies of documents, the list of which is specified by the
procurement documentation confirming the compliance of the application submitted by the
procurement participant with the requirements specified in the documentation
procurement.
10.5. The procedure for submitting bids for participation in the request for proposals in electronic form
The procedure for submitting a participation bid for the request of proposals in
electronic form shall be determined by the regulations of the operator of the electronic platform
where the request of proposals is made in electronic form.
10.6. Review, evaluation and comparison of bids for participation in the request for proposals
10.6.1. Consideration, evaluation and comparison of bids for participation in the request
for proposals shall be carried out consistently taking into account the requirements of
paragraph8.7.
10.6.2. The tender committee shall review the bids submitted for participation
in the request for proposals in electronic form for their compliance with the requirements of the
procurement documentation.
10.6.3. Evaluation and comparison of bids shall be carried out by the tender committee
strictly in accordance with the procedure for evaluation and comparison of the bids specified
in the procurement documentation.
10.7. Determining the winning bidder of the request for proposals 10.7.1. The winning bidder of the procurement is the procurement participant who has
proposed the best combination of the terms and conditions for the execution of the contract, and
whose bid has been awarded the highest number of points according to the results of evaluation
and comparison of bids. The decision on determining the winning bidder, the tender committee
shall take on the basis of the ranking of bids.
10.7.2. If several bids for participation in the request for proposals in electronic form
contain the same conditions for the execution of the contract, a lower sequence number shall be
assigned to the bid for participation in the procurement, which arrived before other bids
containing the same conditions.
10.7.3. According to the results of the meeting of the tender committee, at which the
winning bidder of the request for proposals is determined in electronic form, a protocol shall be
drawn up summation of the request for proposals in accordance
with paragraph 7.8.
10.7.4. The specified protocol shall be placed by the customer no later than three days
from the date of signing in the EIS.
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11. Order of the request for quotations
11.1. General procedure for conducting a request for quotations in electronic form
11.1.1. The procedure for conducting a request for quotations in electronic form shall
be determined by this section, as well as by the regulations of the operator of the electronic
platform on which such a request for quotations is carried out.
11.1.2. In order to purchase products by requesting quotations
in electronic form, it shall:
11.1.2.1. Develop and place in the EIS a notice of purchase, a draft contract.
11.1.2.2. If necessary, make changes to the notice of purchase.
11.1.2.3. Review and evaluate quotes bids.
11.1.2.4. Place in the EIS a protocol compiled following the results of the request for
quotations in electronic form.
11.1.2.5. Conclude a contract on the results of the purchase.
11.2. Procurement notice 11.2.1. When conducting a request for quotations, the customer no less than five
working days before the day of the end (expiration) of the deadline for submission of bids for
participation in the request for quotations shall place a notice of purchase and a draft contract
in the EIS.
11.2.2. The notice of procurement shall contain information in accordance with
paragraph7.6, as well as the following information:
11.2.2.1. Requirements for the term and/or volume of quality assurance of goods, works,
services, for the maintenance of goods, for the costs of operation of the goods (if necessary).
11.2.2.2. Information about the currency used to form the contract value
and settlements with suppliers.
11.2.2.3. The procedure for applying the official foreign currency exchange rate to the
ruble of the Russian Federation established by the Bank of Russia and used for payment of the
concluded agreement, if the foreign currency is used to form the contract value.
11.2.2.4. Information about the possibility of the customer to increase the quantity of
the delivered goods upon conclusion of the contract (if necessary).
11.2.2.5. Information about the possibility of the customer to change the quantity of
goods specified in the contract, the scope of work, services and the percentage of such change
(if necessary).
11.2.2.6. Dates and start and end times for accepting bids for participation in the request
for quotations.
11.2.2.7. The procedure and time limit for the withdrawal of bids for participation in the
request for quotations.
11.2.2.8. The procedure for making changes to such bids.
11.2.2.9. Validity period of the bid (if necessary).
11.2.2.10. The validity period of the provision of the bid (if necessary).
11.2.2.11. The deadline for signing the contract by the winning bidder, other
procurement participants (if necessary).
11.2.2.12. Consequences of declaring a request for quotes invalid.
11.2.2.13. Other information and requirements depending on the subject of
procurement.
11.3. Requirements for the composition and content of the bid for participation in the request for quotations in electronic form (hereinafter-the quotation application)
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11.3.1. To participate in the request for quotations in electronic form, the procurement
participant shall prepare a bid for participation in the request for quotations drawn up in full
compliance with the requirements of the notice of procurement.
11.3.2. The bid form is set in Appendix 2.
11.3.3. The bid shall contain:
11.3.3.1. For a legal entity, an individual entrepreneur, an individual person:
а) completed quote bid form in accordance with the requirements of the notice of
procurement;
б) the procurement participant profile in accordance with the form specified in the
notice of procurement;
в) documents confirming the right of the procurement participant to supply goods of
which he is not a manufacturer, and the provision of branded guarantees of the manufacturer of
the goods;
г) information about the functional characteristics (consumer properties)
and the quality characteristics of the goods, works, services. To the extent set forth in the
procurement documentation, copies of documents certifying conformance of goods, works and
services to the requirements stipulated by legislation of the Russian Federation provided that
mandatory requirements are imposed on such goods, works and services in accordance with
legislation of the Russian Federation;
д) the consent of the procurement participant to comply with the terms and conditions
of the contract specified in the notice of procurement;
е) the contract value including the price of products with the indication of information
on expenses included or not included in it (expenses for carriage, insurance, payment of customs
duties, taxes, fees and other obligatory payments);
ж) other documents or copies of documents, the list of which is specified by the notice
of purchase confirming the compliance of the quote bid with the requirements established in
the notice of procurement.
11.3.3.2. For a joint procurement participant:
а) a document confirming the association of persons acting on the side of one
procurement participant (joint participant) and the right of a specific procurement participant to
participate in the procurement on behalf of the members of the joint participant (original or
notarized copy);
б) documents and information in accordance with paragraph11.3.3.1, wherein the
procurement participant profile required in accordance with the transferб)11.3.3.1, shall be
provided
from each member of the collective participant.
11.3.4. Other requirements for the quotation bid shall be established
in the procurement documentation depending on the subject of procurement.
11.3.5. The procedure for submitting a bid for participation in the request for quotations
in electronic form shall be determined by the regulations of the operator of the electronic
platform on which the request for quotations is made in electronic form.
11.3.6. Review and evaluation of quotation requests shall be carried out by the tender
committee for their compliance with the requirements of the procurement notice.
11.4. Determination of the winning bidder of the request for quotations 11.4.1. The winning bidder of the request for quotations shall be the procurement
participant whose bid meets the requirements established by the notice of procurement
and contains the lowest contract value.
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11.4.2. When offering the lowest contract value to several procurement participants, the
winning bidder of the request for quotations in electronic form shall be the participant whose
bid was received before other bids in which the same price was offered.
11.4.3. According to the results of the meeting of the tender committee at which the
winning bidder of the request for quotations is determined in electronic form, a protocol for
summarizing the request for quotations shall be made in electronic form
in accordance with paragraph7.8.
11.4.4. The protocol shall be signed by all members of the tender committee present at
the meeting on the day of summing up the request for quotations in electronic form.
11.4.5. The specified protocol shall be placed by the customer no later than three days
from the date of signing in the EIS.
12. The order of the competitive selection, price selection
12.1. General procedure for competitive selection, price selection 12.1.1. In order to purchase products through the competitive selection
and price selection, it shall:
12.1.1.1. Develop and place in the EIS a notice of procurement, procurement
documentation, a draft contract.
12.1.1.2. In case of receiving from the procurement participant a request for clarification
of the provisions of the procurement documentation, provide the necessary clarifications.
12.1.1.3. If necessary, make changes to the notice of procurement, procurement
documentation.
12.1.1.4. Consider, evaluate and compare the bids for participation in the notice
of procurement, the procurement documentation.
12.1.1.5. Place in the EIS a protocol drawn up on the basis of a competitive selection or
price selection.
12.1.1.6. Conclude a contract on the results of the purchase.
12.2. Procurement Notice and Documentation 12.2.1. When conducting a competitive selection or price selection, the customer shall,
at least four working days before the deadline for the submission of bids for participation in the
procurement, post a notice of procurement and procurement documentation, the draft contract
in the EIS.
12.2.2. The notice of procurement shall contain the information in accordance
with paragraph7.6.
12.2.3. The documentation shall indicate the information in accordance
with paragraph 7.7as well as an indication that the conduct of non-bidding procurement
procedures is not governed by Articles 447–449 of Part One of the Civil Code of the Russian
Federation. This procedure shall not be a public tender and not be governed by applicable
provisions of Articles 1057—1061 of Part Two of the Civil Code of the Russian Federation.
Thus, the implementation of these procedures shall not impose on the customer the appropriate
amount of civil-law obligations for the mandatory conclusion of a contract on the basis of such
a procedure.
12.2.4. The procedure for sending a request for clarification of the provisions of the
procurement documentation shall be set out in paragraphs 7.7.5-7.7.7.
12.3. Requirements for the bid for participation in competitive selection or price selection
12.3.1. To participate in the competitive selection or price selection, the participant shall
prepare a bid drawn up in full compliance with the requirements of the procurement
documentation.
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12.3.2. A bid for participation in a competitive selection or price selection may contain
information specified in 7.5paragraph including the requirement to submit any other documents
or copies of documents, the list of which is specified by the procurement documentation,
confirming compliance of the bid submitted by the procurement participant with the
requirements specified in the procurement documentation.
12.3.3. When establishing the requirement to submit the bids
for participation in the procurement of documents issued by a third party to the procurement
participant, requirements for the issuance of such documents shall be established in such a way
as to ensure procurement participants the opportunity to receive such documents within the
stipulated time frame and also to prevent discrimination against to the participants of the
procurement.
12.4. The procedure for submitting the bids for participation in competitive selection, price selection
12.4.1. The bid for participation in competitive selection, price selection shall be made
and confirmed in the corporate system and/or sent in a sealed envelope to the customer’s
representative specified in the procurement documentation.
12.4.2. The method for submitting bids for participation in procurement shall be
established
in the procurement documentation.
12.4.3. The order of filing bids in the corporate system shall be determined by the
regulations of the corporate system.
12.5. Review, evaluation and comparison of bids for participation in competitive selection, price selection
Consideration, evaluation and comparison of bids for participation in competitive
selection or price selection shall be carried out taking into account the requirements of
paragraph10.6.
12.6. Determination of the winning bidder of the competitive selection, price selection
12.6.1. The winning bidder of the competitive selection shall be the procurement
participant who has proposed the best combination of terms and conditions for the execution of
the contract, and whose application has been awarded the highest number of points according
to the results of evaluation and comparison of bids.
12.6.2. The winning bidder of the price selection shall be the participant who offered
the lowest contract value.
12.6.3. The decision on determining the winning bidder, the tender committee shall take
on the basis of the ranking of bids.
12.6.4. If several bids for participation in a competitive selection or price selection
contain the same terms and conditions for the execution of the contract, a lower sequence
number shall be assigned to the procurement participation bid which arrived earlier than other
bids containing the same conditions.
12.6.5. According to the results of the meeting of the tender committee, at which the
winning bidder is determined in a competitive selection or price selection, the final protocol
shall be drawn up in accordance with paragraph7.8.
12.6.6. The protocol shall be signed by all members of the tender committee present at
the meeting no later than three working days from the date of summing up the competitive
selection, price selection.
12.6.7. The specified protocol shall be placed by the customer no later than three days
from the date of signing in the EIS.
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13. Procurement from a single supplier
13.1. An exhaustive list of procurement cases from a single supplier has been
established in paragraph6.7.
13.2. In order to purchase products from a single supplier, it shall:
13.2.1. To justify the need for the customer to conclude a contract
with a single supplier, the formation of the initial (maximum) contract value and the choice of
a particular supplier with whom such a contract shall be concluded. The decision to approve the
purchase from a single supplier shall be made by the tender committee.
13.2.2. To conclude a contract with a single supplier.
13.3. Notification and procurement documentation from a single supplier by the
customer shall not be developed and shall not be subject to placement in the EIS.
13.4. Decisions made by the tender committee on the approval of the procurement from
a single supplier shall not be subject to placement in the EIS.
13.5. The customer shall offer to conclude a contract for a particular supplier or accept
an offer to conclude a contract from a specific supplier.
14. The procedure for conducting small purchases
14.1. In order to purchase products through a small procurement, it shall conclude a
contract with the counter party.
14.2. When conducting such a procurement, the customer shall not draw up and shall
not place in the EIS a notice of procurement, procurement documentation or a draft contract.
14.3. When conducting a small procurement, the customer shall be entitled to conduct
market analysis in order to determine the contract value with the counter party. When analyzing
the market, the customer shall be entitled to use information received from suppliers upon
request, other information.
15. The procedure for conducting the procedure for the accreditation selection of suppliers of ATI and services for urgent non-routine maintenance services of AT
15.1. The customer for the activities related to the provision of air transportation shall
be obliged to purchase the necessary ATI and services for urgent non-routine maintenance of
AT (hereinafter-TO AT maintenance services) only from the supplier that is included in the list
of approved suppliers for this item.
15.2. Lists of approved suppliers shall be formed by the customer and be updated when
the need for ATI, services for TO AT is changed.
15.3. To form and update the lists of approved suppliers, the customer shall conduct
procedures for the accreditation selection of ATI suppliers and services for maintenance
of AT (hereinafter-accreditation selection).
15.4. Accreditation is a non-competitive method of procurement.
15.5. The notification of the accreditation procedure shall include:
information about the ATI nomenclature/types of services for TO AT;
the reason for the accreditation selection (formation of a new one or updating of existing
lists of suppliers);
information on the procedure and deadlines for filing bids;
information on the order of consideration of bids and selection of participants.
15.6. The notification of the accreditation selection, the documentation
which establishes the requirements for ATI suppliers/service providers for TO AT, the draft
framework contract for the supply of ATI/provision of services for TO AT shall be placed
in the EIS.
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15.7. Bids for participation in the accreditation selection shall be submitted in the
corporate system.
15.8. All participants of the accreditation screening procedure shall be subject to
uniform requirements established in the documentation placed in the EIS.
15.9. According to the results of the accreditation selection, a protocol of the tender
committee shall be drawn up which reflects the list of participants that have passed the
accreditation selection and decisions on admission/refusal of admission of participants in the
accreditation selection, other information in accordance with paragraph7.7.2.
15.10. The results of the accreditation selection shall be posted in the EIS.
15.11. Within 180 days from the date of placement of the final protocol in the EIS,
the participants who have undergone the accreditation selection shall conclude a framework
contract for the supply of ATI/provision of services for maintenance of TO AT.
15.12. After the conclusion of a framework contract, a person included in the list of
approved suppliers shall be entitled to send technical and commercial proposals in accordance
with the needs of the customer located in the corporate system (hereinafter referred to as quotas
for ATI/services for TO AT).
15.13. The quota of ATI/services for maintenance of AT, as a result of accreditation
selection, shall not a separate procurement or an independent procurement method. The quoting
of ATI/services for TO AT shall be carried out in the corporate system in accordance
with the regulations of the corporate system in order to clarify the price and other indicators of
a specific nomenclature for ATI/services for TO AT.
15.14. The participants who have undergone accreditation selection shall submit
technical and commercial proposals for certain products in the corporate system after the
customer has posted the relevant request for pricing, delivery terms and other necessary
information on a specific ATI nomenclature/service
for TO AT.
15.15. The procedure and deadlines for the submission of technical and commercial
proposals shall be determined in the customer's request, placed in the corporate system.
15.16. An order for the supply of the necessary products shall be made
with the participant who has offered the best conditions for meeting the needs of the customer.
15.17. Current lists of suppliers admitted to the ATI quotas/services for
TO AT shall be posted on the customer's website in the “Purchase tenders” section.
16. Features of the procurement procedure of expensive special equipment
16.1. When purchasing expensive special equipment using competitive methods other
than bidding, the customer shall place a notice of purchase, procurement documentation and a
draft contract in the EIS at least fourteen calendar days before the deadline for accepting bids
for participation in the competitive procedure.
16.2. In addition to the mandatory requirements for the legal capacity of the participants
referred to in paragraph 7.3, procurement documentation of expensive special equipment by
competitive means, the requirement shall be established that there are no legal disputes over the
last 3 years (namely: judicial acts testifying to the non-fulfillment by the participant of the
supply obligations in which the participant acted as a supplier (when the court tried several
instances-the last not canceled judicial act on the consideration of the case on the merits). A
procurement participant shall be deemed to comply with the established requirement if he
provided a certificate of the absence of judicial decisions, evidence of the failure of the
procurement participant to the purchase obligations under the supply, and passed not in favor
of the procurement participant, signed by the head of the procurement participant and sealed.
16.3. The customer shall be entitled to provide in the procurement documentation that
in some cases the winning bidder of the competitive procedure in the period from the 12th to
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the 20th calendar day from the date of placement in the EIS of the protocol drawn up based on
the results of the procurement procedure, but no later than the date of conclusion of the contract
with the winning bidder, shall provide irrevocable bank guarantee for the total amount of the
contract. The period of validity of a bank guarantee shall be at least one month after the
expiration of the term of the supply contract. The grounds for the provision of a bank guarantee
and its conditions, as well as a list of possible guarantor banks and a sample of the guarantee
shall be indicated in the procurement documentation.
16.4. The purchase of expensive special equipment by the non-competitive methods
provided for by RI-GD-148Х shall be allowed from the suppliers who have documented:
16.4.1. Compliance with the requirements established in paragraph16.2.
16.4.2. The presence of an irrevocable bank guarantee for the amount of the total value
of the contract that meets the requirements of paragraph16.3, in cases where the supplier of the
purchased special equipment is not its manufacturer.
16.4.3. Experience in supplying similar special equipment in the aviation industry of
Russia for at least 3 years or the status of a manufacturer of purchased special equipment, or
confirmation of the uniqueness of this equipment.
A procurement participant shall be considered to comply with the established
requirement if he provided the duly certified copies of documents certifying the fulfillment of
obligations for the supply of similar special equipment in the aviation industry of Russia
(acceptance certificates, reference letters, etc.) or a status confirmation letter of the procurement
participant-a manufacturer of special equipment, or a letter confirming the uniqueness of this
equipment signed by the head of the procurement participant and sealed.
17. Features of the procurement procedures of the aircraft leasing services
17.1. When purchasing aircraft leasing services (hereinafter-purchasing aircraft leasing
services), the customer shall be guided by the requirements of RI-GD-148Х taking into account
the features established by this section.
17.2. Procurement of aircraft leasing services can be carried out both by competitive
methods provided for by RI-GD-148Х and by non-competitive methods
on the basis of paragraph6.7.13. At the same time, the competitive procurement methods shall
be priority.
17.3. Procurement of services for leasing of aircraft with limited participation shall be
carried out according to the results of PKO conducted in accordance with the requirements of
paragraph 5.6.
17.4. If the customer has decided to purchase the services of aircraft leasing in the form
of competitive selection with limited participation, the customer shall be entitled to provide in
the procurement documentation:
17.4.1. Conclusion of a single (common, one, consolidated) contract
with the same winning bidder for several lots (in the case of a multi-lot procurement procedure).
17.4.2. Change of supplier (lessor) during the validity period of the aircraft leasing
contract for reasons beyond the control of the customer. In this case, the justification for such a
change shall be indicated in the procurement documentation. A repeated/separate procurement
procedure shall not be carried out at the change of the supplier (provided that the essential terms
and conditions of the contract specified in the notice, the procurement
documentation, the draft contract are preserved).
17.4.3. Reimbursement to the procurement participant of expenses incurred by them
related to the preparation of a procurement participation bid upon presentation by the
participants of the procurement of claims for such reimbursement.
17.4.4. The possibility of signing additional documentation in the framework of the
conclusion of a leasing contract without the attachment of relevant draft documents at the stage
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of the procurement procedure as part of the procurement documentation,
but with a list and description of such documents in the procurement documentation.
17.4.5. The possibility of changing the draft aircraft lease contract on the initiative of
the customer and/or procurement participants after the completion of the competitive
procurement procedure with preservation of the essential conditions specified in the notice, the
procurement documentation, the draft contract.
18. Conducting competitive purchases among only small and medium-sized businesses
18.1. Competitive purchases among only small and medium-sized businesses
(hereinafter referred to as SMSBs) shall be carried out in accordance with RI-GD-148X
taking into account the requirements provided for by Federal Law No. 223-FL, Decree of the
Government of the Russian Federation dated December 11, 2014 No. 1352
“On Participation Peculiarities of small and medium-sized businesses
in the procurement of goods, works, services by certain types of legal entities".
18.2. Competitive purchases among SMSBs shall be carried out according to the
procurement plan of the customer located in the EIS.
18.3. The main criterion for attributing bargaining to purchases among the enterprises
of SMSB is the inclusion of products in the current “List of goods, works, services procured
from small and medium-sized businesses” (hereinafter referred to as the List) of a customer
placed in the EIS. Wherein:
а) if the initial (maximum) contract value (the lot value)
for the supply of product services does not exceed two hundred million rubles and the specified
product is included in the List, the customer shall be obliged to purchase such products only
from the enterprises of SMSB;
б) if the initial (maximum) contract value (the lot value)
for the supply of products exceeds two hundred million rubles, but does not exceed four hundred
million rubles, and the specified products are included in the List, the customer shall be entitled
to purchase such products from the enterprises of SMSB.
18.4. When making purchases only from the enterprises of SMSB, the customer shall
be entitled, upon the expiration of the time period for accepting applications, to carry out the
procurement in the manner prescribed by RI-GD-148Х, without following the rules established
by this section, in cases where:
а) small and medium-sized businesses have not submitted the bids
for participation in such procurement;
б) bids of all procurement participants that are the enterprises of SMSB are withdrawn
or do
not meet the requirements stipulated by the procurement documentation;
в) the bid submitted by the sole procurement participant who is an enterprise of SMSB
does not comply with the requirements provided for in the procurement documentation;
г) the customer in the manner prescribed by RI-GD-148H, decided that the contract on
the results of the procurement is not concluded.
18.5. Competitive procurement involving the enterprise of SMSB shall be carried out
by holding a competition in electronic form, an auction in electronic form, a request for
quotations
in electronic form, or a request for proposals in electronic form.
18.6. Placement of a competitive procurement notice with the participation of small and
medium-sized enterprises in the EIS shall be carried out within the time limits stipulated by
Federal Law No. 223-FL.
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18.7. When carrying out procurement with the participation of enterprises of SMSB, the
notice of purchase and the procurement documentation shall indicate that only enterprises of
SMSB may participate in such a procurement.
18.8. In the case of competitive procurement with the participation of the enterprises of
SMSB, the provision of participation bids in such competitive procurement (if the requirement
to secure bids is established by the customer in the notice of procurement, procurement
documentation) may be provided by the participants of such procurement by depositing funds
or providing a bank guarantee. The choice of the method of securing a bid for participation
in such procurement shall be made by the participant in such procurement.
18.9. In the case of competitive procurement with the participation of enterprises of
SMSB, funds intended to secure a participation bid in such procurement shall be made by the
procurement participant to a special account opened with him in a bank included in the list
determined by the Government of the Russian Federation.
18.10. The funds deposited in a special bank account as a security for bids for
participation in competitive procurement with the participation of the enterprises of SMSB shall
be transferred to the customer’s account specified in the notice of procurement, procurement
documentation, in case of evasion including failure to provide or provision
in violation of the conditions established by the notice of procurement, the procurement
documentation, prior to the conclusion of the contract, the customer securing the execution of
the contract (if the notice of procurement, the procurement documentation shall establishes the
requirement to ensure the use of the contract), or the participant’s refusal to conclude a contract.
18.11. The contract for the results of competitive procurement with the participation of
small and medium-sized enterprises shall be concluded using software and hardware of ETP
and be signed by the electronic signature of the person entitled to act on behalf of the customer,
respectively, participant of such competitive procurement.
18.12. The contract based on the results of the competitive procurement with the
participation of enterprises of SMSB shall be concluded on the conditions provided for in the
draft contract, the documentation on competitive procurement, a notice of competitive
procurement or an invitation to participate in such procurement and a bid from a participant in
such procurement with whom the contract is concluded.
18.13. If the contract based on the results of the procurement from the enterprises of
SMSB is not concluded, the customer shall be entitled to cancel the decision on identifying the
supplier (performer, contractor) made on the basis of such procurement, and to carry out the
procurement in the manner prescribed by RI-GD-148X without observing the rules established
by this section.
19. Conclusion and execution of the contract
19.1. Contracts for the supply of goods, performance of works and rendering of services
shall be concluded by the customer based on the results of procurement carried out in
accordance with the procurement plan (if information on such procurement shall be included in
the procurement plan in accordance with the accepted in accordance Part 2 of Article 4 of
Federal Law No. 223-FL for the formation of this plan) placed
in the EIS (if the information on such purchases is subject to placement in the EIS
in accordance with Federal Law No. 223-FL) with the exception of cases when the need for
procurement arises due to an accident, other emergency situations of natural or man-made
nature, force majeure, if urgent medical intervention is necessary and also to prevent the threat
of occurrence of these situations.
19.2. The contract for the results of competitive procurement shall be concluded no
earlier than ten days and no later than twenty days from the date of placement in the unified
information system of the final protocol drawn on the basis of the results of competitive
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procurement. If approval is necessary for the customer’s management body in accordance with
the legislation of the Russian Federation to conclude a contract or if an anti-monopoly authority
appeals against the customer’s actions (inaction), the competitive procurement committee, the
electronic platform operator, the contract shall be concluded no later than five days after the
date specified from the date of the decision of the anti-monopoly authority
on the results of the appeal of the actions (inaction) of the customer, the committee
for the implementation of competitive procurement, the operator of the electronic platform.
19.3. According to the results of the procurement of products by the customer and the
winning bidder, a contract shall be concluded on the basis of the draft contract. When
conducting a procurement in a non-competitive way, the Customer shall be entitled to refuse to
conclude a contract at any time, without incurring any liability to the procurement participant
including reimbursement of any costs, losses associated with his participation in the
procurement, negotiation, etc.
19.4. A contract in writing can be concluded by drawing up a single document signed
by the parties, as well as by exchanging letters, telegrams, telexes, telefax and other documents
including electronic documents transmitted via communication channels allowing to establish
reliably that the document is from under contract.
An electronic document transmitted via communication channels is information
prepared, sent, received or stored by electronic, magnetic, optical or similar means including
the exchange of information in electronic form and electronic mail.
19.5. If the procurement documentation establishes the requirement to ensure the
execution of the contract, the contract can be concluded only after the procurement participant
has provided the contract with which the contract is concluded to ensure the execution of the
contract in the manner, form and amount specified in the procurement documentation.
19.6. After determining the participant with whom, in accordance with RI-GD-148X, a
contract shall be concluded, the customer shall be entitled to refuse to conclude the contract
with such participant if the following facts are established regarding him:
19.6.1. Carrying out the liquidation of a procurement participant-a legal entity or a
decision made by an arbitration court to declare a procurement participant-a legal entity, an
individual entrepreneur to be bankrupt and to open bankruptcy proceedings.
19.6.2. Suspension of the activities of the procurement participant in the manner
prescribed by the Code of Administrative Offenses of the Russian Federation.
19.6.3. Providing the procurement participant of knowingly false information contained
in the documents submitted by them.
19.6.4. Finding the property of a procurement participant under arrest imposed by court
decision.
19.6.5. Presence from the procurement participant of arrears in taxes, fees, debts for
other obligatory payments to the budgets of the budget system of the Russian Federation
(accordance with the legislation of the Russian Federation, for which there is a court decision
that has entered into force on the recognition of the applicant’s obligation to pay these amounts
fulfilled or deemed to be hopeless for recovery in accordance with the legislation of the Russian
Federation on taxes and fees) as of the date not earlier than 30 days before the date on which
the participant submitted the bid for participation in the procurement procedure.
19.7. Refusal to enter into a contract is possible for the following reasons:
19.7.1. the occurrence of force majeure circumstances confirmed by the relevant
document and affecting the expediency of the conclusion and/or performance of the contract;
19.7.2. unforeseen change in demand for products, including changes in production and
other programs, changes in project documentation, changes in the terms and conditions of the
contract with the main customer, in fulfillment of which the purchase was made;
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19.7.3. lack of approval of the contract by the customer’s management body in
accordance with the legislation of the Russian Federation;
19.7.4. lack of funding;
19.7.5. the need to comply with the instructions of the supervisory authorities and/or a
judicial act that has entered into legal force;
19.7.6. the presence of significant errors in the preparation of the notice
of procurement and/or procurement documentation including the draft contract, which impede
the execution of the contract and the needs of the customer;
19.7.7. changes in the legislation governing the execution of the contract and/or
justifying the need for products.
19.8. Information about the refusal to conclude a contract shall be posted
in the EIS no later than three days after the adoption of such a decision.
19.9. The customer in agreement with the contractor, shall be entitled to amend or
terminate the contract in the event of a significant change in the circumstances from which they
proceeded at the conclusion of the contract in the manner prescribed by the Civil Code of the
Russian Federation.
In case of failure to reach an agreement on amending terms and conditions of the
contract in accordance with the substantially changed circumstances or on its termination, the
contract may be terminated or modified by the court in the manner and on the grounds provided
for by the Civil Code of the Russian Federation.
19.10. The customer may unilaterally refuse to fulfill obligations under the contract on
the grounds provided for by the Civil Code of the Russian Federation.
19.11. If the supplier’s failure to fulfill or improperly enforce the contract caused him
to terminate early and the customer entered into a similar agreement instead, the customer shall
be entitled to demand compensation from the supplier in the form of the difference between the
price set in the terminated contract and the price of comparable goods, works or services under
the terms and conditions of the contract concluded in exchange for a terminated contract.
19.12. If the customer has not concluded a similar contract instead of a terminated
contract, but in relation to the performance stipulated by the terminated contract, there is a
current price for comparable goods, works or services, the customer shall be entitled to demand
the compensation from the supplier in the form of the difference between the price set in the
terminated contract and the current price.
19.13. The current price is the price charged at the time of termination of the contract
for comparable goods, works or services in the place where the contract was to be executed,
and in the absence of the current price in the specified place-the price that was used elsewhere
and can serve as a reasonable substitute for transportation and other additional costs.
19.14. If at the conclusion of the contract or in the course of its execution it shall be
established that the supplier provided unreliable information (including those relating
to the subject of the contract, the authority to conclude it, the agreement of the contract to the
applicable law, the availability of necessary licenses and permits to a person) about his
compliance with the requirements specified in the notice of procurement, procurement
documentation, which allowed him to become the winning bidder of the procurement, the
supplier shall compensate the customer upon his request damages caused by the inaccuracy of
such information or to pay the penalty stipulated by the contract.
19.15. The recognition of the contract as non-concluded or invalid does not prevent the
onset of the consequences provided for by paragraph19.14.
19.16. In the case specified in paragraph19.14, the customer, along with the claim for
damages or a penalty, also shall be entitled to withdraw from the contract, unless otherwise
provided by the contract or through the court to demand recognition of the contract as invalid.
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19.17. If the counter-party does not have a license to carry out activities or membership
in a self-regulating organization necessary for the fulfillment of the obligation under the
contract, the customer shall be entitled to withdraw from the contract (execution of the contract)
and demand compensation for losses.
19.18. The customer, in agreement with the counter-party during the execution of the
contract, shall be entitled to change by no more than 20 percent the amount of all goods
stipulated by the contract, the scope of works and services provided for when the demand for
goods, work, services changes, for delivery, performance, the provision of which has been
concluded in the amount of specified in the procurement documentation as well as in identifying
the need for an additional amount of work and services not covered by the contract but related
to such works, services provided by the contract.
When delivering an additional quantity of such goods, performing an additional scope
of such works, providing an additional volume of such services, the customer, in agreement
with the counter-party, shall be entitled to change the initial contract value in proportion to the
number of such goods, the scope of such works, services, and when making appropriate changes
to the contract due to the requirements for the supply of such goods, the performance of such
works, the provision of such services, the customer will necessarily change the contract price
in this way.
19.19. The winning bidder, another participant who has concluded a contract with the
customer (with the exception of the procurement participants who are public authorities, state
and municipal institutions and unitary enterprises), shall be obliged to inform the customer, in
the terms established by the contract about the changes in information regarding the entire chain
of owners including beneficiaries (including final ones) and on the composition of the executive
bodies with confirmation by relevant documents.
19.20. When executing the contract, the supplier shall not be changed,
except for the cases established by RI-GD-148X and also if the new supplier is the legal
successor of the supplier under such contract due to the reorganization of the legal entity
provided for by the legislation of the Russian Federation
in the form of transformation, merger or accession.
19.21. The contract may provide for reimbursement of property losses arising in the
event of circumstances specified in the contract and not related to violation of the obligation by
its party (losses caused by the inability to fulfill the obligation, claims made by third parties or
state authorities to the party or third party specified in the agreement, etc.). In this case, the
contract shall specify the amount of compensation for such losses or the procedure for
determining it.
19.22. If a contract is concluded with an individual person with the exception of an
individual entrepreneur or other person engaged in private practice, the contract may include a
condition to reduce the amount payable to an individual person by the amount of tax and other
obligatory payments related to the payment of the contract, connection with the execution of
the duties of the tax agent by the customer.
19.23. According to the results of competitive procurement, the customer shall be
entitled to conclude the contracts with several participants of such procurement in the manner
and in the cases established in RI-GD-148X.
19.24. The possibility of assignment of the right of claim under the procurement contract
concluded by Aeroflot, PJSC with a small or medium-sized business entity based on the results
of procurement using methods specified by RI-GD-148X with the exception of bidding,
according to the provisions of the civil legislation of the Russian Federation, in favor of a
financial agent (factoring) shall be permitted under the following conditions:
19.24.1. The conclusion of a factoring contract is possible only with the prior written
consent of Aeroflot, PJSC.
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19.24.2. Aeroflot, PJSC shall be notified in writing by a small or medium-sized business
entity with which a procurement contract has been concluded or by a financial agent, no later
than three days from the date of the factoring contract, to conclude a factoring contract with a
determination of the monetary claim to be executed, also indicating the name of the financial
agent to whom the payment should be made and its bank details. In this case, sending a
notification of the conclusion of a factoring contract by a financial agent, evidence shall be
attached to it that the assignment of the monetary claim to the financial agent actually took
place (a factoring contract or a properly certified copy thereof or other appropriate evidence).
If the financial agent fails to fulfill this obligation, Aeroflot, PJSC shall be entitled to make a
payment to a small or medium-sized business entity
with which a procurement contract has been concluded, in fulfillment of its obligation to the
latter.
19.24.3. Aeroflot, PJSC, when executing a monetary claim, shall be entitled to submit
to the financial agent its monetary claims arising from the procurement contract with a small or
medium-sized business entity that already existed at the time when the notification on entering
into the factoring contract was received.
19.24.4. The fulfillment of the monetary requirement of Aeroflot, PJSC to a financial
agent shall be relieved of Aeroflot, PJSC from the corresponding obligation to a small or
medium-sized business entity with which a procurement contract has been concluded.
20. Rights and obligations
20.1. A procurement participant shall be entitled to appeal in a court of law actions
(inaction) of a customer when purchasing products.
20.2. A procurement participant shall be entitled to appeal to the anti-monopoly
authority in the manner prescribed by Art. 18.1 of the Federal Law dated July 26, 2006 No.
135-FL “On Protection of Competition” taking into account the features established by Part 10
of Article 3 of Federal Law No. 223-FL, the actions (inaction) of the customer,
the procurement committee, the operator of the electronic platform when purchasing products,
if such actions (inaction) violate the rights and legitimate interests of the procurement
participant in the following cases:
20.2.1. Implementation by the customer of the procurement in violation of the
requirements of Federal Law No. 223-FL and/or the procedure for preparing and (or) carrying
out the procurement contained in the provisions for the procurement of such a customer
approved and placed in the EIS.
20.2.2. Violations by the operator of the electronic platform in the implementation of
the procurement of products, the requirements established by Federal Law No. 223-FL.
20.2.3. Failure to place in EIS RI-GD-148X, the changes made to RI-GD-148X,
information on procurement, information and documents on contracts concluded by the
customer on the results of procurement, as well as other information to be subject to placement
in the EIS in accordance with Federal Law No. 223-FL, or violation of the terms of such
placement.
20.2.4. Presentation to the procurement participants requirements for the submission of
documents not covered by the procurement documentation.
20.2.5. The implementation of customers procurement of products in the absence of
approved and placed in the EIS RI-GD-148X and without applying the provisions of the Federal
Law dated April 5, 2013 No. 44 -FL "On the contractual system in the procurement of goods,
works and services to ensure state and municipal needs".
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20.2.6. Non-placement in the EIS or the placement of false information
about the annual volume of purchases that customers are required to make from small and
medium-sized businesses.
20.3. If the actions (inaction) being appealed were committed by the customer, the
procurement committee, the operator of the electronic platform after the expiration set in the
procurement documentation of the deadline for filing bids for participation
in the procurement, only those procurement participant who submitted the bid can appeal the
actions (inactions) to participate in the procurement.
Deputy Director General
on legal and property issues Aleksandrov V.B. Prepared by Arkhipova S.L. Tel. 2426
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Annex No. 1
Counter-party Information
No
.
Name of counter-party
(INN, type of activity)
Contract (details, subject, price, validity period
and other essential conditions)
No.
Information on the chain of ownership of the counter-party including the beneficiaries
(including the final ones)
INN
(Taxpay
er’s Identific
ation
Number)
OGRN
Code
Nam
e of
counte
r-par
ty
OKVED
code
Full name of the
head
The
auth
ori
ty a
nd t
he
num
ber
of
the
per
sonal
iden
tifi
cati
on d
ocu
men
t
Number
and date
Subject of the
contract
Price
(millio
n rubles)
Validity
period
Oth
er s
ignif
ican
t
condit
ions
INN
(Taxpay
er’s Identific
ation
Number)
OGRN
Code
Nam
e/F
ull
nam
e
Address of
location/addres
s of registration
Series and
number of the
identity document
(for an
individual person)
Head/participant/
shareholder/beneficiary/data of
the executive
body
Information on
the supporting documents
(name,
details, etc.)
1 1.1
1.1.1
1.1.2
1.1.3
1.1.3.1
1.1.3.2
…
1.2
1.2.1
…
Position, surname, initials of the head of the counter-party _______________________
Seal signature / date /
Note.
The table contains detailed information about the chain of owners of the counter-party (founders/shareholders; for founders/shareholders who are legal entities,
information about their founders, etc.) including the ultimate beneficiaries:
1.1, 1.2-owners of the counter-party under the contract (owners of the first level);
1.1.2, 1.2.1, 1.2.2 etc. -owners of the organization 1.1 (owners of the second level)
and further-according to a similar scheme to the final beneficiary (1.1.3.1)
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Annex No. 2
Bid form for participation in the request for quotations in electronic form
On the letterhead of the procurement participant
Original number, date
To the Procurement Committee _____________
PROCUREMENT No. _________
BID
Having studied the notice of the request for quotations in electronic form
for the right to conclude a contract on ________________________________,
________________ (full name (for legal entity) /full name (for an individual person) of a
procurement participant), represented by ______________________ (position, full name)
acting on the basis of _________, agrees to participate
in the request for quotations in electronic form on the conditions established in the notice
of the request for quotations in electronic form.
We offer to supply products that are the subject of a request for quotations
in full compliance with the requirements of the notice of the request for quotations
on the conditions presented in this bid including the offer:
1. To supply (execute/provide) _________________________________
at the contract value _______________________ (amount in numbers and in words) including
VAT _____________________________ (amount in numbers and in words) rubles taking into
account all the costs associated with the supply of goods/performance of works/services
including expenses for the payment of taxes, fees and other obligatory payments that the
supplier (performer, contractor) shall pay in connection
with the fulfillment of obligations under the Contract in accordance with the legislation of the
Russian Federation.
2. Characteristics of the supplied products:
(the characteristics shall be described so that it is possible to determine the compliance
of the proposed product with the requirements
set forth in Annex ___).
If ____________________ (name (for a legal entity) /full name (for an individual
person) of the procurement participant) shall be recognized as the winning bidder of the request
for quotations in electronic form, we undertake to conclude a contract in accordance with the
requirements of the notification of the request for quotations in electronic form and the
conditions proposed in this bid, within the period specified in the notice of the request for
quotations in electronic form.
The validity period of this quotation bid is 60 (sixty) days.
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Applications to the quotation bid:
1. The procurement participant profile on ___ l.
2. __________ (title of the document) on ___ l.
3. __________ (title of the document) on ___ l.
Head of the procurement participant: ______________ /initials, surname/
(or authorized representative) (signature)
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Annex No. 3
The list of interdependent organizations
Item
No. Name, INN
Justification for inclusion in
the list in accordance with
the Tax Code of the Russian
Federation
1 Victory Airlines, Limited Liability Company,
9705001313
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
2 Rossiya Airlines, Joint Stock Company,
7810814522
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
3 Avrora Airlines, Joint Stock Company, 6501161401
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
4 Donavia, Joint Stock Company, 6166041242
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
5 Orenburg Airlines, Joint Stock Company,
5638057840
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
6 Sheremetyevo Security, Joint Stock Company,
7714122960
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
7 Sherotel, Joint Stock Company, 7712014856
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
8 Aeromar, Closed Joint Stock Company,
7712045131
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
9 Aeroflot Aviation School, Private Professional
Educational Institution, 7712050519
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
10 Aeroflot-Finance, Limited Liability Company,
7707717363
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation
11 A-Technics, Limited Liability Company,
7729485719
pp 1 p. 2 Art. 105.1 of the
Tax Code of the Russian
Federation