R&D contests. The specifics of bidding for the implementation of research and development work. Model contract and its essential terms

Many customers, wishing to receive benefits in their purchases, qualify various items of their purchases as R&D. However, not everything is as simple as it seems at first glance. We will help you understand the features of R&D procurement in the article.

However, the FAS Russia found that the subject of the contract and the method of determining the supplier were correctly defined. As motivation, pointing to Art. 2 federal law dated August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy”. It defines that scientific and technical activity is aimed at obtaining, applying new knowledge to solve technological, engineering, economic, social, humanitarian and other problems, ensuring the functioning of science, technology and production as a single system.

According to Art. 769 of the Civil Code of the Russian Federation, under a contract for the performance of research work, the contractor undertakes to conduct scientific research stipulated by the customer's technical assignment, and under a contract for the implementation of development and technological works- to develop a sample of a new product, design documentation on him or new technology.

We believe that in disputable situations, it is advisable to qualify works as R&D only if, based on the terms of reference, they contain an element of scientific novelty. And the work itself is aimed at obtaining and applying new knowledge. The consequence of this approach may be the fundamental possibility of registering the right to the results of work in Rospatent. If there is such an opportunity, it is supposed to create a new technology, and not copy an existing technical solution.

In the case when the subject of the contract was the copying of existing technology, the contract cannot be recognized as an R&D contract.

Time or result?

The features of R&D procurement are that the customer actually pays not so much final result how much time spent by the scientific team to solve the tasks. Since the subject of the concluded contract is the work, as a result of which the unique product. Namely, new knowledge or its material expression in the form of reports, technical and design documentation, prototypes of new technology.

At the same time, the results of the work declared in the terms of reference may either differ significantly from the results obtained, or simply be absent, which will entail significant losses from possible non-performance or improper performance of the contract being concluded. The reason for this is the undeniable fact that the research environment has a number of important features that make traditional planning difficult. Among these features are:

• determinism of events;
• probability of events;
• the possibility of deviations leading to unnecessary results;
• the fuzzy nature of the results;
• poor predictability of future events.

As a consequence, R&D always involves making decisions in an unstable, ever-changing environment, where an unforeseen technical problem can arise at any time.

Description of the procurement object

In contrast to the procurement of products existing on the market, where the Law on the Contract System imposes on the customer the need for an objective description of the procurement object by indicating the functional, technical and qualitative characteristics of the procurement object, R&D procurement should not in its technical specifications contain the imprint of specific technical solutions that would limit the ability of bidders to propose new (and often more innovative!) scientific and technical proposals. The logic of the Law on the contract system dictates that competitive bids with unconditionally useful, but previously unknown consumer properties should be rejected as not corresponding to the formal technical requirements tender documentation. Which, of course, is unacceptable.

Customers, who often do not have a staff of highly qualified scientific specialists, may face a situation where none of the employees can accurately and formally describe the requirements for the purchased R&D in the tender documentation. First of all, because of the multivariance of achieving the goal of this work. Moreover, when purchasing R&D, the very purpose of the competition is precisely the search for innovative approaches to solving the tasks that are at the forefront of modern scientific and technical thought.

That's why when formulating requirements for R&D results customers should use the most general requirements for purchased products, reflecting the necessary or desirable consumer properties, but not the technical parameters of any specific solutions. That is, solutions already known to the customer.

Example

A variant of the wording of the design documentation: “as a result of R&D, an intellectual Information system, integrated into a single interface of the customer's database, which allows automating the process of controlling duplicate numbers when the performers carry out a full accounting of passenger rolling stock.

Evaluation criteria when determining the R&D winner

"Subjective" criterion

When determining the winner, on the one hand, the formal degree of compliance of the competitive application with the requirements of the tender documentation should be assessed, and on the other hand, the compliance of the participants' proposals with the requirements for R&D results. And if in the first case the procurement commission often has sufficient qualifications to evaluate submitted applications, then in the second option, where the description is carried out in the most general terms, the assessment is vague and difficult to formalize.

Evaluation of competitive bids according to "subjective" criteria of this type is possible, in our opinion, only by expert methods. Which, together with a wide range of topics of purchased R&D, as well as due to the need to possess special knowledge and expert technologies, forces the customer to conduct an examination external organizations. Namely, a multi-criteria assessment of the preference of competitive bids by specialists in the relevant subject areas.

Until recently, it was believed that when evaluating “subjective” indicators, setting an evaluation scale was not mandatory, but now the “official” approach to the evaluation procedure according to such criteria has fundamentally changed. Thus, by decision dated April 24, 2015 in case No. Е306/15, the FAS Russia considered it insufficient to indicate by the customer in the tender documentation as the subject of assessment the wording “the degree of detail and substantive elaboration of the proposal of the procurement participant”. The FAS Commission came to the conclusion that the procedure for evaluating applications for the specified indicator established by the customer does not allow identifying best condition performance of the contract: due to the absence of an established proportional relationship between the number of points awarded and the information provided by the procurement participants on the specified indicator, as well as due to the lack of characteristics that determine the degree of detail and substantive elaboration of the proposal to be assessed within the framework of this criterion.

It appears that in order to comply with the principle of procurement transparency, it is necessary to disclose the content of all “subjective” evaluation indicators by introducing a formal scale (see example). The assessment of these indicators should be delegated to a temporary external expert council created on the basis of the leading university or research institute on the subject of research., since there is no finite set of objective parameters used to evaluate "subjective" indicators.

Example

The number of points awarded according to the criterion "quality of work" (QR) is determined by the formula:

KP = (K1 + K2 + ... + Ki) / n,

n is the number of commission members;

Ki - the value in points awarded by each member of the commission to the application (proposal) of the procurement participant according to the indicator.

At the same time, the number of points assigned to the application (proposal) for this indicator is determined by setting the range of values:

Ki = 0 - the information provided in the application for evaluation by the indicator does not fully correspond to the goal of the work or is absent;

0 < Ki ≤ 50 - сведения, представленные в заявке для оценки по показателю, не в полной мере отражают возможность достижения цели работы, получения заданных результатов и выполнения установленных, в т. ч. технических и других требований к работам;

50 < Ki ≤ 70 - сведения, представленные в заявке для оценки по показателю, в значительной мере отражают возможность достижения цели работы, получения заданных результатов и выполнения established requirements, including technical and other requirements for work;

70 < Ki ≤ 100 - сведения, представленные в заявке для оценки по показателю, практически в полной мере отражают возможность достижения цели работы, получения заданных результатов и выполнения установленных, в т. ч. технических и других требований к работам.

Criterion "participant's experience in successfully completing work of a comparable nature and scope"

When evaluating competitive bids for R&D, the customer is faced with proposals that, due to the specifics of R&D, often cannot be confirmed by anything. And this, in turn, can become one of the reasons for the improper execution of the R&D contract. That is why, during the procurement process, participants in most cases can only provide as evidence of their ability to properly perform the contract. business reputation and experience in similar work.

In accordance with Decree of the Government of the Russian Federation of November 28, 2013 No. 1085 “On approval of the Rules for evaluating applications, final proposals participants in the procurement of goods, works, services to meet state and municipal needs” one of the problematic criteria in relation to R&D procurement is “the participant’s experience in successfully performing work of a comparable nature and volume”, which is used to determine the winner of the competition on an optional basis.

In accordance with paragraph 2 of Art. 10 of the Federal Law of December 29, 1994 No. 77-FZ “On the legal deposit of documents”, document producers deliver to the authority within 30 days scientific and technical information obligatory copy of reports on research and development work. Which, in turn, are registered with the obligatory transfer of the registered R&D to the hands of the executor. The contractor is given one copy of the information card (IC) of the established sample, drawn up in accordance with the requirements of the regulation on state registration and accounting for open research and development work (approved by order of the Ministry of Science of Russia dated November 17, 1997 No. 125). An integral part of the IC are UDC indices - a system for classifying information widely used to systematize works of science, literature and art, periodicals, various kinds documents and organization of file cabinets and covering the entire body of knowledge according to the hierarchical principle of division from general to particular using a digital decimal code.

By establishing this criterion, the customer must not only disclose its content in the documentation in order to be able to determine how much the participant's experience meets the needs of the customer. The customer must also clearly indicate in the documentation by what value such experience will be evaluated: by the amount of work performed, by the number of acceptance certificates, or by the number of years during which the work was performed.

When evaluating competitive bids according to the criterion “participant's experience in successfully completing work of a comparable nature and volume”, the question often arises of determining the comparability of the works proposed by the participant in the competition to the R&D object. It is expedient to evaluate the similarity of R&D experience taking into account the scientific and technical information of the federal body assigned by the body executive power in the field of scientific, scientific and technical and innovation activities UDC indices with details up to at least the sixth digit.

In confirmation of the "experience of the participant in the successful completion of work of a comparable nature and volume", it is advisable to request from the participant not only copies government contracts and acceptance certificates for the work performed, but also registration cards (RK) and IC.

Criterion "business reputation"

The criterion "business reputation of the procurement participant" can be used to determine the winner of the tender in an optional manner.

Business reputation is one of the most controversial assessment criteria at the moment and often, being associated with goodwill, includes such intangible components as effective relationships with consumers and suppliers, partnerships with the state, qualifications and accumulated experience of employees, availability client base, positive history of development, good location. As well as other factors that contract system either completely inapplicable or not subject to formal evaluation.

With all this, a positive business reputation that does not have a material form, in relation to the subject of the purchase, namely R & D, indicates the ability to produce high-quality and competitive development.

It is advisable to formalize the approach to assessing business reputation within the framework of the contract system on the basis of GOST R 66.0.01–2015 “Assessing the experience and business reputation of subjects entrepreneurial activity". In clause 5.8 this document noted that when determining a supplier in order to meet state and municipal needs, it is necessary to use expert method based on the factorial model.

The factor model, in turn, involves the use of 4 main factors:

• "Story"- the duration of the presence of a business entity in the market by profile economic activity plus the amount of work performed, services rendered, the number of products (goods) produced. The market is the system public relations based on compliance with legal norms arising between the state, the manufacturer and the seller, the performer and the consumer in the process of performing work, estimated by the number of years the business entity has been operating in the market, taking into account the volume of work performed for all the years of such activity;
• "Funds"- security of the subject of entrepreneurial activity material resources necessary to carry out the work. Estimated by the presence of fixed assets of the organization, which are on the balance sheet at the time of filing the tender, and its financial autonomy, determined by the ratio of the total equity to borrowed funds;
• "Personnel"- the presence of a business entity of qualified specialists and managers, characterized by a certain level of education, work experience in the organization and practical experience in the types of activities declared during certification, as well as the availability of scientific degrees and (or) honorary titles among employees;
• "Image"- the perception of a business entity by customers and society as a whole, determined on the basis of the organization's citation index in scientific publications, the presence of a certified quality management system, as well as favorable customer reviews.

The Decree of the Presidium of the Russian Academy of Sciences No. 201 dated October 12, 2010 regulates, among other things, the use of the following indicators to assess the performance of scientific organizations of the Russian Academy of Sciences:

• Scientific potential and effectiveness of scientific research.
• Number of employee publications scientific organization, referred to the number of researchers, including those in foreign scientific and technical publications; in domestic publications included in the list of the Higher Attestation Commission of the Ministry of Education and Science of Russia.
• The number of publications of employees of a scientific organization in the Russian Science Citation Index (RSCI), related to the number of researchers.
• Citation rate of employees of a scientific organization in the RSCI in relation to the number of researchers.

The proposed approach will eliminate the factor of subjectivity in assessing the criterion of "business reputation", since for each of the presented indicators it is possible to use a scale for assessing applications (offers).

Summing up the above, it should be noted that in the absence of clear and well-established mechanisms for evaluating applications for participation in competitions for R&D, customers should be very careful both in the wording of the subject of the contract and in the use of “subjective” factors in evaluating competitive applications.

Read the latest comments on hot topics in the field of public procurement in magazine "Goszakupki.ru"

Research and development is at the heart of scientific and technological progress and major world discoveries. Demand this species work is observed in a variety of industries and spheres of life. This is evidenced by numerous well-funded tenders and government orders. Position research activities in the tender market of Russia is expressed by the statistics below.

In 2015, more than 5,000 tenders for scientific research were held. The total amount of contracts concluded is 44.5 billion rubles, and the average price of one tender is 8.9 million rubles. During trading, the price drop reached an average of 8%. Competitiveness in the industry can be characterized by a ratio of 1.31 suppliers per contract. Among 6530 participants there were 1752 regular customers and 1886 regular suppliers. 82.21% of contractors were allowed to participate in auctions for scientific research. 35.57% of customers requested enforcement of the contract.

Statistics by region

The largest number of tenders for the development of technology heat treatment concluded:

• Moscow - 36.5%
• St. Petersburg - 11.9%
• Moscow region - 9.2%
• Tomsk region - 2,6%
• Nizhny Novgorod Region - 2,4%
• Sverdlovsk region - 2,2%
• Krasnodar Territory - 1.9%
• Novosibirsk region - 1.8%
• Tatarstan - 1.8%

As a result of the auction, the largest contracts were concluded:

• Moscow - 77.5%
• St. Petersburg - 4.4%
• Tatarstan - 3.2%
• Moscow region - 2.5%
• Tomsk region - 1.5%
• Bashkortostan - 1.0%
• Primorsky Krai - 0.9%
• Sverdlovsk region - 0.9%
• Nizhny Novgorod region - 0.8%

seasonality

From January to March, buying interest in research was low. The situation changed dramatically in April - 351 tenders were announced. This number increased until June (661 tenders). After a slight decline in the next three months, the number of purchases returned to the previous level in October (655 purchases). Then the tender activity gradually decreased to 502 orders. In November, the largest contracts worth more than 15 billion rubles were signed. From January to April, transactions did not exceed 3 billion rubles. The rest of the time, the amount of contracts fluctuates between 5-8 billion rubles.

Venues

Most often, state orders for scientific research took place at the following sites:

• FABRIKANT.RU - 450 orders for 4,619,876 thousand rubles.
• Sberbank-AST - 415 orders for 973,479 thousand rubles.
• Group of sites B2B - 194 orders for 763,342 thousand rubles.
• RTS tender - 162 orders for 159,239 thousand rubles.
• Roseltorg - 183 orders for 144,305 thousand rubles.
• ETP "MICEX-IT" - 57 orders for 113,922 thousand rubles.
• System Electronic Trading- 33 orders for 16,226 thousand rubles.

Customers

The largest orders were announced by: the Federal Space Agency, the Ministry of Industry and Trade of Russia, Concern Morinsis - Agat, Rosatom, Bashneft, CJSC Aerocomposite, the Russian Ministry of Defense, the Ministry of Communications of Russia, OAO TV CENTER and others.

For prompt information about public procurement for scientific research, we suggest subscribing to a free e-mail newsletter portal site.

Ministry of Industry and Trade Russian Federation announced open competitions for R&D:

1. Research work "Development of proposals for the formation of a register of materials used in the manufacture of implantable medical devices and their certification in the Russian Federation", Code "Materials-2018"

2. Research work "Study of the current state of the market and the medical device industry in comparison with the previous period, as well as factors of their development", Code "Medmonitoring-2018"

3. Research work "Research of the current state foreign trade activities Russian enterprises-manufacturers of medical devices and development of proposals aimed at improving its efficiency, prepared taking into account the study", Code "Foreign Markets-2018"

1. R&D "Development of technology for manufacturing structures for shipbuilding from polymer composite materials using multiaxial fabrics with an adhesive layer" Code "Adgesia-MA"

2. R&D "Creation of a complex of ship equipment to ensure the safety of navigation and maritime activities" Code "Oktet-basis"

3. R&D "Development of technology and creation of a type series of water jet propulsion units with a capacity of up to 1.5 MW to ensure the serial construction of high-speed vessels and vessels of increased seaworthiness" Code "Sleming-water intake"

4. OCD "Development of a series standard projects floating thermal power plants on LNG for the export of electricity" Code "PTES"

5. R&D "Development of a unified series of high-current electromagnetic AC contactors with electronic control and low energy consumption" Code "Kontaktor-E"

6. Research work "Development of the concept of a departmental project for the development of a refrigeration technological chain for processing, storing and transporting aquatic biological resources" Code "Chain-cold"

1. R&D “Development and mastering of serial production of a series of microcircuits of push-pull PWM controllers with current mode”, code “Converter-I34”

2. R&D “Development and mastering of serial production of a USB 2.0 interface hub chip and a USB 2.0 interface conversion chip into serial and parallel interfaces”, code “Interface-I5”

3. R&D “Development and mastering of serial production of a series of multi-lead ceramic-metal microelectronics packages with a lower planar single-row arrangement from 132 to 256 leads and an insulating frame”, code “Corpus-I4”

4. R&D “Development and mastering of serial production of a series of high-speed logic optocouplers with a supply voltage of 3-20 V”, code “Intellectual-I7-T”

5. R&D “Development and mastering of mass production of a series of specialized functional optocouplers”, code “Intellectual-I8”

6. R&D “Development and mastering of serial production of high-power semiconductor infrared emitters in a surface-mounted package”, code “Display-I6”

7. R&D “Development and mastering of serial production of a PIN photodiode with an upper cutoff frequency of 2 GHz”, code “Fonon-I20”

8. R&D “Development and mastering of serial production of a low-profile digital transceiver module in the range of 1.31 μm with a speed of at least 2.5 Gbit / s based on a single-frequency vertically emitting laser and a photodetector with A3V5 nanoheterostructure”, code “Fonon-I28”

9. R&D "Development and mastering of serial production of a matrix cooled photodetector module with an integrated microcryogenic Stirling system with high sensitivity in the mid-IR range", code "Fonon-I29"

1. R&D “Development and mastering of serial production of a series of multilayer ceramic capacitors for surface mounting for rated voltages of 6.3; ten; 16; 25 V and with overall dimensions from 1005M", code "Detal-I71"

2. R&D "Development and mastering of serial production of two types of thermistors with negative TCR", code "Detal-I72"

3. R&D “Development and mastering of serial production of a series of miniature radio-frequency coaxial connectors in the frequency range up to 65 GHz”, code “Detal-I73”

4. R&D "Development and development of mass production of screw terminals for mounting on a printed circuit board and a mounting rail (Din-rail) for a wire cross section of up to 6 mm ^ 2", code "Detal-I74"

5. R&D "Development and development of serial production of a series of common-mode ferrite chokes for surface and bulk mounting in the inductance range from 0.005 to 100 mH", code "Detal-I75"

6. R&D “Development and mastering of serial production of a number of push-button switches by the type of modular design switches”, code “Apparat-I11”

7. R&D “Development and mastering of serial production of a series of radiation-resistant electromechanical coaxial microwave switches”, code “Apparat-I15-T”

8. R&D “Development and mastering of serial production of a series of radiation-resistant electromechanical waveguide microwave switches”, code “Apparat-I16-T”

9. R&D “Development and mastering of serial production of a number of metal-ceramic cases for secondary power sources and power integrated circuits with increased values ​​of thermal conductivity of the bases and local radiation-protective screens”, code “Korpus-I6”

Relations associated with the implementation of research, development and technological work are regulated by the Civil Code of the Russian Federation (Chapter 38). Tenders for the conclusion of such contracts have their own characteristics.

The subject of contracts for the performance of R&D is defined in Article 769 of the Civil Code, which states that under the contract for the performance of R&D, the contractor undertakes to conduct scientific research stipulated by the customer's technical assignment, and under the contract for the performance of experimental design and technological work (R&D) - to develop a sample of a new product , design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it. At the same time, the contract with the contractor can cover both the entire cycle of research, development and production of samples, as well as its individual stages.

The specificity of contracts for the performance of R&D is due, firstly, to the creative nature of the work that constitutes the subject of the contract, and, secondly, to the fact that the subject of the contract is not the result of the work itself, but the work itself. From this follow two main elements of the legal regime of such contracts:

The terms of the contract must comply with laws and other legal acts on exclusive rights (intellectual property);

Unless provided by law or contract, the risk of accidental impossibility to execute contracts for the performance of research and development work is borne by the customer.

The difference between R&D contracts, which belong to a single contractual type, lies in the nature of the work and is determined by the unequal degree of creativity inherent in these works. It is the higher degree of creative nature of research that explains the fact that, as a rule, the performer must perform them personally, and in order to involve third parties in the execution, he needs to obtain the consent of the customer. For contracts for R&D implementation such consent is not needed, and the contractor, as a general contractor, has the right to involve third parties, unless otherwise provided by the contract.

Related to this is the difference between the two types of contracts in determining the consequences of the inability to achieve results. If it is impossible to achieve results due to circumstances beyond the control of the contractor, the customer is obliged to pay the cost of work performed under the contract for research and development, and for R & D - the costs incurred by the contractor.

In practice, the customer often does not want to bear this responsibility, and under the terms of contracts for the performance of R&D, the contractor bears the risks. In this case, the customer risks the creative nature of the work. The contractors, in order not to take risks, do not undertake the direct execution of work, but offer the customer more or less ready-made, once previously obtained results.

Usually, the results of R&D are objects of exclusive rights (intellectual property - OIP), which can independently participate in the economic turnover.

An exceptional feature of such objects is that once created intellectual property is able to pay for itself many times over without further costs (by selling license agreements).

Confidentiality is an essential condition for R&D contracts. Indeed, on the one hand, as a result of the work of the contractor, information may appear that is valuable for the customer and the contractor only if it is kept confidential for a period of time. certain period, and on the other hand, the performer in the process of doing the work is interested in publishing his results. This increases his rating, including as a participant in future competitions.

An essential condition of the contract is its price. Note two important moments. First, since the subject of R&D contracts is the work itself, and not the result, the price is formed from the description of the work program. The main task of the customer is to provide minimum risk accidental impossibility of achieving the result of work. This means that when choosing a winner, the price is no longer the main criterion - the qualifications of the applicant, the program of work proposed by him, come first. Secondly, the R&D market can be considered mainly monopolized due to the limited range of customers and potential contractors, and primarily owners of protective solutions who have the necessary and desirable developments to fulfill the contract. Therefore, the mechanism of market price regulation, in contrast to the competition with simple items of purchase, should not be pinned on high hopes.

Minimization of the risk of accidental impossibility to achieve the result is ensured by the determination of the most qualified contractor, the development and agreement by the parties of a detailed work execution program, which is reflected in the customer's technical assignment. Since the customer is obliged to accept the results of the work performed, it is advisable to describe in the terms of reference the program for the acceptance of work performed and the criteria for its implementation.

Law 44-FZ additionally provides the following features R&D purchases:

1) the purchase of R&D is carried out through a two-stage tender;

2) the possibility of the customer to conclude a contract with several participants in the placement of an order when placing an order for the performance of two or more research works in relation to one subject and with the same contract terms;

3) when evaluating competitive bids, the sum of the significance values ​​of the criteria "contract price" "expenses for the operation and repair of goods, the use of the results of work" must be at least 20% of the sum of the significance values ​​of all criteria.

7.3. Features of procurement of services (foreign experience and domestic practice)

Services are activities that do not directly result in any material form. These are transport, communications, consulting, banking services, research and development services. From the point of view of the specifics of procurement, they can be divided into two classes: technical and creative (intellectual).

Technical services are, as a rule, standardized services with known main parameters. That is, you can presume the result and the costs necessary to obtain it (transport, communications). For knowledge services (consulting, research or other creative activities), neither is clear. Here often objective reasons it is impossible to formulate the result with sufficient clarity, describe it (sometimes even at the end of the contract, not to mention the stage of its conclusion), and since the result is unclear, it is hardly possible to determine in advance the price of achieving it. Some magnificent invention can be created both by enormous effort of forces and means, and by fairly modest costs.

In terms of technical services, there are no special procurement methods. They can be purchased at common grounds like goods and works. For the second type of service, special procedures should apply. The difference arises precisely due to the fact that the price of the result can be absolutely incomparable, firstly, with the costs, secondly, with the effect that is expected to be obtained with the further use of the procurement results, and thirdly, in the uniqueness of these results.

The service procurement process consists of next steps:

■ the subject of required services is determined;

■ a list of possible qualified procurement participants is established;

■ an invitation to bid for the purchase of services is given;

■ development additional information for consultants;

■ proposals are accepted and evaluated.

Features of the procurement of services appear already at the stage of invitation to bid. A number of international organizations do not provide for the mandatory publication in the media of an invitation to participate in the procurement of services. The World Bank recommends holding limited tenders, in which the list of prospective participants is formed according to the recommendations, including those of foreign representative offices and embassies. According to the rules, from 3 to 6 participants are involved. In the Model Law of the Law Commission international trade(UNCITRAL) recommends that participants be invited by issuing an invitation, but there are many exceptions:

When the services being procured are available only from a limited number of suppliers, subject to the attraction of proposals from all these suppliers;

The time and expense required to consider and evaluate a larger number of proposals will be commensurate with the cost of the services procured, provided that a sufficient number of suppliers are involved to ensure effective competition;

Direct solicitation is the only way to ensure confidentiality or necessity in the national interest, provided that enough suppliers are involved to compete effectively.

The invitation contains information about what the customer wants to receive, what qualification information the participant must provide, how the winner will be determined, what information and services the customer can provide to the consultant, how the work will be evaluated.

In cases where the invitation to participate is carried out by direct involvement without its publication in the press (posting on the website), there is no provision for public opening of envelopes with proposals and there is no rigidity in observing the deadlines for submitting proposals.

The customer may provide for a pre-qualification selection. Due to the specified specifics of services in the bidding process, participants in most cases can only provide as evidence of their ability to properly fulfill the contract only their business reputation and experience in similar work.

It is important that when purchasing services, the applicant for the contract is not required to provide security for the competitive offer.

The main departure from the usual fundamental procedures is that direct negotiations are allowed in the procurement of services, up to and including price negotiations. Hence, there are two methods of procurement: with and without negotiations. The choice of one method or another depends on the subject of procurement. The fact is that intellectual services can also be divided into two subgroups: services more or less standard and absolutely outstanding. In the first case, both qualification and price are important, in the second case, qualification requirements come to the fore.

If there are no negotiations, the customer sets a minimum level qualification requirements regarding the quality and technical aspects of the proposals, and all bidders meeting this level are admitted to the evaluation stage and then ranked by price. The one with the lower price is declared the winner.

When conducting a tender with negotiations, a threshold level of qualification requirements is also set. Then all those who meet it are ranked according to the qualification criteria. The calculation is based on the fact that if the supplier with the highest level of qualification wins, there is a greater probability of obtaining the desired result. And negotiations are held with the bidder with the highest rank, i.e., then direct bargaining begins with him at a price, and it is clear in advance that this will most likely be the highest price compared to the rest. It also stipulates everything related to the total volume of services, time and work plan, clarifies and concretizes the responsibilities of the parties, the possibility of replacing individual consultants, cost estimates and the entire settlement system.

If it was not possible to reach an agreement that satisfies both parties, negotiations begin with the second in qualification, etc.

The scheme (according to the price result) in this case turns out to be the opposite of the first option, because whoever has the lowest qualifying component is likely to ask for the lowest price, but will be the last in line to win.

Evaluation of proposals for the procurement of services is carried out according to several criteria:

Qualifications, experience, reputation, reliability, professional competence of the firm and personnel who will be involved in the execution of the contract;

The effectiveness of the solutions presented by the participant in terms of meeting the needs of the customer;

Service offer price, including additional or related costs.

The tender commission created by the customer derives an integral indicator from these indicators, in which the price in most cases does not play a decisive role. According to the recommendations of the World Bank, the share of price in the integral estimated indicator should be about 20-25%.

The contract must contain:

List of services provided;

Specific terms of the contract;

Schedule of work and presentation of their results;

Reporting requirements.

Unlike a contract for the purchase of goods or works, in contracts for the purchase of services there is usually no guarantee of security, but in Western practice it is often provided for insurance by the client's consulting firm against poor performance of its work. The amount of insurance is subject to negotiation, but its maximum amount cannot exceed the price of the contract for the services provided. At the same time, the consultant is usually not liable for subsequent damages.

The price of the contract for the performance of services, as a rule, is determined by the cost estimate:

Salary (number of people, rate per unit of time, amount of time spent);

Payroll charges;

material costs;

Business trips, etc.

Federal Law 44-FZ provides for the following features of the procurement of services:

1) the notice of procurement may not indicate the number of purchased communication services, legal services, medical services, educational services, services Catering, translation services, services for the transport of goods, passengers and luggage, hotel services, evaluation services;

2) the customer in the tender documentation may provide for the possibility of concluding a contract for the provision of services in the field of education or services for sanatorium treatment and rehabilitation, services for the organization of recreation for children and their rehabilitation, including the provision of vouchers with several participants in the placement of the order;

3) many services are purchased from a single supplier:

Services related to the scope of activities of subjects of natural monopolies;

Provision of services for water supply, sanitation, heat supply, gas supply (with the exception of services for the sale liquefied gas), for connection (connection) to engineering and technical support networks, for storage and import (export) of narcotic drugs and psychotropic substances;

Services for the sale of entrance tickets and season tickets for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - strict reporting forms;

Provision of services related to the provision of visits of heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport service, exploitation computer equipment, providing food);

Provision of services for the maintenance and repair of one or more non-residential premises transferred for free use or operational management to the customer;

Provision of services related to sending an employee on a business trip, as well as participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events. At the same time, such services include providing travel to the place of a business trip, the place of the specified events and back, renting a dwelling, transport services, providing meals;

Provision of services of a lawyer in connection with the appointment of a lawyer by an inquiry body, a preliminary investigation body, a court to participate as a defense counsel in criminal proceedings

Visiting a zoo, theater, cinema, concert, circus, museum, exhibition, sporting event, etc.