Documents for negotiations in construction. On conducting a repeated negotiation procedure for the selection of a contractor and an engineering organization
On conducting a repeated negotiation procedure for the selection of a contractor and an engineering organization
In accordance with paragraphs 1.1, 1.4 (paragraph 3) of Decree of the President of the Republic of Belarus dated 01.01.01 No. 000 and in pursuance of Chapter No. 11 "Organization of negotiations" of the Regulations on the procedure for organizing and conducting procedures for the procurement of goods (works, services) during the construction of facilities , approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 01.01.01 No. 88 "On the organization and conduct of procedures for the procurement of goods (works, services) and settlements between the customer and the contractor during the construction of facilities", in terms of choosing a contractor for the execution of work on the object "Heat modernization of the facades of hostel No. 1 on the street. Ya. Kolas, 28 in Minsk "3rd stage, as well as in accordance with the Resolutions of the Council of Ministers of 2014 No. 4 and of 01.01.01 No. 000, in terms of choosing an engineering organization to provide certain types engineering services in construction for the same facility
I ORDER:
1. Repeat the negotiation procedures:
1.1 at the choice of the contractor for current repairs on the object "Thermal modernization of the facades of the hostel No. 1 on the street. Ya. Kolas, 28 in Minsk "3rd stage;
1.2 at the choice of an engineering organization for the provision of engineering services for integrated management construction activities with the implementation of the functions of technical supervision during the construction of the object "Thermal modernization of the facades of the hostel No. 1 on the street. Ya. Kolas, 28 in Minsk "3rd stage;
2. Approve the conduct of the negotiation procedures specified in paragraph 1 of this order in accordance with annexes 1 and 2.
3. Entrust the conduct of the negotiation procedure to the permanent competitive negotiating commission established by the university.
4. Determine the procedure for the work of the commission, including functional responsibilities each of its members, in accordance with the Regulations on the Competition Commission for Negotiations and the Regulations of the Competition Commission for Negotiations, approved by order of the Rector of the University.
5. Establish that, if necessary, the competition commission may involve other university employees in the commission or expert group.
6. To impose control over the implementation of this order on the vice-rector for economics and construction
Rector of the University
Vice-rector
And about. vice-rector
Head of the legal department
Attachment 1
__________№________
measures for the selection of a contractor for the performance of work on the current repair of the object "Thermal modernization of the facades of the hostel No. 1 on the street. Ya. Kolas, 28 in Minsk "3rd stage
Vice-rector
And about. vice-rector
Appendix 2
to the order of the rector of the university
___________№________
measures for the selection of an engineering organization for the provision of engineering services for the integrated management of construction activities with the implementation of technical supervision functions during construction at the facility “Thermal modernization of the facades of hostel No. 1 on the street. Ya. Kolas, 28 in Minsk "3rd stage
Vice-rector
As you know, the procurement of works, services, and goods in the field of construction are regulated by the Regulations on the procedure for organizing and conducting contract bidding for the construction of facilities (with amendments and additions; hereinafter referred to as the Regulations on the auction), approved by the Resolution of the Council of Ministers of the Republic of Belarus dated March 3, 2005 No. 235 “On approval of the provisions on the procedure for forming the contractual (contract) price and settlements between the customer and the contractor during construction facilities and on the procedure for organizing and conducting contract tenders for the construction of facilities. For the implementation of such purchases, the Regulations on tenders provide for two procedures for placing orders: contract tenders and negotiations.
Despite the fact that these procedures have been used for a long time, business entities still have questions about the procedure for their implementation. In this article, we will consider an approximate procedure for conducting the negotiation procedure.
The customer's decision on the choice of negotiation procedure for placing an order should first of all be based on two factors - the cost of the order and the source of financing.
The choice of the negotiation procedure when financing the order at the expense of the republican and (or) local budgets, state target budget funds, state off-budget funds, external state loans and credits of banks of the Republic of Belarus under the guarantees of the Government of the Republic of Belarus (hereinafter referred to as budgetary funds) is regulated by the norm of Part 1, Clause 10 of the Regulations on Auctions.
In accordance with this rule, negotiations are held to place construction orders at the expense of budget funds objects worth less than 3,000 basic units, as well as for the performance of works, services and the purchase of goods necessary for the construction of these objects. In addition, during the construction at the expense of budgetary funds of objects worth 3,000 base units or more, the negotiation procedure is used to place orders for the provision of engineering services, supply building materials, products, structures, inventory and equipment with a cost of each type of less than 3000 base units.
This material is published in part. The full material can be read in the journal "Planning and Economic Department" No. 8 (74), August 2009. Reproduction is possible only with
About the negotiations
at the choice of the contractor
for current (major, other type) repairs
Due to the need to select a contractor for the facility: "_____________ _____________", located at: _____________________, and the allocation budget financing, in order to rationally, efficiently and transparently spend budget Money, ensuring fair competition, observance of the principles of transparency, objectivity of assessment, unity of requirements and creation of equal conditions, selection of the optimal contractor
I ORDER:
1. Carry out the negotiation procedure for the selection of a contractor to perform work on the facility: "________", located at: ____________________.
2. Conduct negotiations in accordance with the requirements of the Decree of the Council of Ministers of the Republic of Belarus dated 03.03.2005 N 235 "On approval of the provisions on the procedure for the formation of the contractual (contract) price and settlements between the customer and the contractor during the construction of facilities and on the procedure for organizing and conducting contract tenders for construction objects".
3. Negotiations to hold "___" __________ 20___
4. Invite the following potential bidders to participate in the negotiations: - ______________________________, location: __________________; (indicate the full name and legal form) - ___________________________, location: _____________________; - _____________________, location: _____________________.
5. Invitations to potential applicants should be sent to __________________ (option: by fax (with mandatory confirmation of receipt of the invitation by potential applicants to whom such invitations were sent), e-mail(by electronic document (if there are approved rules for compiling, registering and sending such documents)), by mail (by registered mail with acknowledgment of receipt), by courier (indicate the person responsible for sending in this way), in another way).
6. Responsible person for the organization and conduct of negotiations to appoint _________________________________________________________________.
7. In order to prepare and conduct negotiations in compliance with the principles of openness, objectivity of assessment, unity of requirements, creation of equal competitive conditions, development of competition in construction, ensuring a reduction in its cost, in order to select the optimal contractor, create a tender commission (hereinafter referred to as the Commission) to select a contractor by the object: "_________________", located at the address: _____________________________.
8. Form the composition of the Commission in the amount of ____ people:
Chairman of the Commission - _____________________________________;
vice-chairman - __________________________________;
Secretary of the Commission - ____________________________________________;
Members of the Commission: ___________________________________________.
The Chairman of the Commission is in charge of the activities of the Commission. For the period of his absence - Vice-Chairman.
The Chairman of the Commission bears personal responsibility for the fulfillment of the tasks and functions assigned to the Commission.
In the absence of specialists of the relevant profile, the Commission has the right to attract specialists from the bodies government controlled Republic of Belarus or other organizations to be included in the Commission or to work as experts.
Representatives of the State Control Committee of the Republic of Belarus have the right to participate as observers in the work of the Commission at any stage of the negotiations.
In its activities, the Commission is guided by the current legislation, this Order, the regulations for the activities of the Commission for the organization of negotiations, local acts, decisions made by the head of the customer.
9. Determine the powers of the Commission based on the goals of its creation:
Determines the list of requirements for potential applicants, based on the subject of the order, the procedure for conducting the procedure, the procedure, form, final time for submitting proposals, the time for opening and considering proposals, criteria and methods for evaluating proposals;
Develops an invitation to participate in negotiations, submits for signature __________________________ (indicate the person authorized to sign such documents), registers and sends it to potential applicants on the day of signature with the application of the terms of reference;
Determines the final time for submission of proposals by applicants;
Appoints a person responsible for sending an invitation to negotiations in accordance with the procedure established by this Order, additional sources for publishing an invitation;
Provides clarification of questions arising from bidders regarding the information specified in the negotiation documents;
Determines the criteria for assessing the qualification data of applicants and the list of documents submitted by applicants to confirm qualification data;
Checks proposals for their compliance with the requirements of the invitation and terms of reference;
Establishes criteria for determining the best offer;
Makes a decision to prohibit the withdrawal or modification of proposals by applicants before the deadline for their submission;
Determines whether bidders can use goods and (or) works with technical solutions alternatively set out in the procurement documents, as well as the submission of proposals for a part of the purchased goods, works or services;
Receives offers and conducts their registration;
Opens offers at the time specified in the invitation;
If necessary, ask applicants Additional information concerning the clarification of the proposals submitted by them;
Rejects proposals in cases of non-compliance with the requirements of the terms of reference and invitation, non-submission or refusal of the applicant to provide information specified terms of reference and invitation, or submission of false information;
Determines the terms, procedure, method, form of negotiations with applicants to reduce the prices of their proposals;
Evaluates proposals in accordance with the criteria, methods of evaluation and in the manner specified in the invitation;
Picks one best offer and respectively one contractor;
Decides on the results of the negotiations;
Draws up a protocol based on the results of negotiations and submits it to the head of the customer within one working day from the date of compilation for approval;
If it is not possible to determine the best offer, makes a conclusion on the advisability of a repeated procedure;
If necessary, sends materials to research institutes, scientific societies, associations, organizations and individual specialists to obtain written opinions on them within the established time limits;
Defines the rules of its work.
Members of the Commission:
Have the right, in case of disagreement with the decision of the Commission, to submit reasoned objections in writing;
They are responsible (as well as the specialists involved in its work) for compliance with the established rules in their activities, for the objectivity of decision-making, as well as for disclosing information that, according to the terms of the procedure, is a trade secret;
Participate in meetings of the Commission without the right to substitute.
Member of the Commission may not be:
An employee of the customer who has the status of an individual entrepreneur;
The representative of the applicant, including those who work part-time with the customer on the basis of an employment contract (contract);
Spouse (wife), relative up to the third degree inclusive of any of the applicants;
An employee of the customer who owns shares (stakes) in statutory fund one of the applicants, or for the last three years, according to the entries in the work book, carried out activities on the basis of an employment agreement (contract) with one of the applicants, or was a member of the governing or administrative body of the applicant;
An employee of the customer who is not familiar with this Order.
The Commission shall not be liable to bidders when announcing a procurement procedure that has not taken place due to circumstances beyond the control of the Commission.
10. Meetings of the Commission to be held as necessary.
11. The organization of the meeting of the Commission, the preparation of minutes, the sending and receiving of requests, the preparation, receipt and distribution of letters under the negotiation procedure, as well as other duties, in accordance with the decision of the Commission, shall be provided to the Secretary of the Commission. To perform these functions in whole or in part, the Commission may authorize (appoint) another person, including from the members of the Commission for the procedure or employees of the customer.
12. The decision of the Commission shall be taken by open vote, provided that at least 2/3 of its members are present, and considered adopted if more than half of the members of the Commission participating in the meeting voted for it. In case of an equal distribution of votes, a decision is made, for which the chairman of the meeting of the Commission voted.
13. Decisions of the Commission shall be drawn up in minutes, which are signed by the chairman of the meeting of the Commission, the secretary of the Commission, members of the Commission and approved by the head of the customer.
14. After approval by the head of the customer of the protocol (protocols), based on the results of the negotiations, together with ______________________ (employee of the customer, if necessary with the involvement of a third-party organization), within two working days, develop a draft contract for work, taking into account the negotiations, the proposal of the applicant selected by the contractor.
15. Agree on the draft agreement in accordance with current procedure with services and departments, submit for signature to the head of the customer, and then send to the selected contractor for conclusion in accordance with due date to his conclusion.
16. Appoint _______________ as the contractor under the contract after its conclusion, who will be charged with the obligation to ensure control over its implementation by the contractor, as well as over the fulfillment of obligations by the customer.
17. All services, departments, employees of the customer, by virtue of their competence, provide assistance, when contacted by the Commission, for the proper conduct of negotiations on the selection of a contractor for the object: "_____________________________".
18. Bring this Order to the attention of interested parties against signature.
Head of the customer ___________________ Contractor __________________ /______________/ "___" ________ 20__
Stage 1. Invitation of participants
The organizer sends an invitation to participate in the negotiations to organizations from the list of invited participants<1>
Term: not later than 3 business days before negotiations<2>
List of participants: determined by the organizer. Direction order: determines the organizer in the decision to place an order based on negotiations<3>
The organizer places (publishes) a notice of negotiations on the website http://www.icetrade.by/ and (or) in any media (if necessary)
Notification procedure: determines the organizer<4>
Analogue: notice for contract bidding (bidding)<5>
The participant sends the organizer a written request for the provision of documentation for negotiations
Order: <6>
The organizer provides participants with documentation for negotiations <7>
Term: not later 2 working days from the date of the participant's written request<8>
Submission form: printed or electronic document
Order: determines the organizer and indicates in the invitation<9>
Participant applies to the organizer of negotiations for clarification of the provisions of the documentation for negotiations (if necessary)
Order and deadline <10>
The organizer provides the participant with explanations of the provisions of the documentation for negotiations(in case of participant's request)
Order and deadline: <11>
The participant submits to the organizer proposals for negotiations: - basic; - alternative (if it is provided by the documentation)<12>
Submission deadline, content and form requirements: determines the organizer in the invitation to participate in negotiations and documentation for negotiations<13>
Form at the choice of the organizer <14> :
- written on hard copy in a separate envelope;
- an electronic document on an electronic storage medium (for example, a flash drive);
- written on paper in a separate envelope and in the form electronic document on electronic media
The organizer sends the participant a request for clarification of the proposal (if necessary)
Order sets the organizer in the documentation for negotiations<15>
The participant provides the organizer with explanations of the proposals (if necessary)
Order sets the organizer in the documentation for negotiations
Stage 3. Making changes to the documentation(if necessary)
The organizer sends the participants a notice of a change in the previously established requirements for the subject of the order and (or) the terms of the contract
Term: not later 2 working days since the approval of the changes<16>
Order: determines the organizer
The participant sends the organizer a notice of changes to the offer for negotiations
Notification procedure: determines the organizer
Stage 4. Proposal improvement procedure(if it is documentedfor negotiations <17> )
The organizer sends an invitation to the eligible participants to the proposal improvement procedure
Order: defines the organizer in the documentation for negotiations<18>. Invitations are sent simultaneously to all participants admitted to such a procedure<19>
Participants who have improved proposals send corrected documents to the organizer based on the results of the procedure for improving proposals<20>
Order: similar to the procedure for submitting proposals for negotiations
Stage 5. Completion of the procedure
1. Selection of the winner and conclusion of the contract
The organizer sends the participants a notice of the results of the negotiations
Term: after the approval of the protocol on the results of the negotiations. The protocol is approved by the head of the organizer within three days after the negotiations<21>
The form: electronic<22>
The organizer sends the draft contract to the winning participant for signing
Term: after the approval of the protocol on the results of the negotiations. Set by the organizer in the invitation<23>
The winning participant sends the signed contract to the organizer
Signing time: set by the organizer in the documentation for negotiations<24>
Based on the results of the negotiations, the contract is concluded no later than ten calendar days after the completion of the order placement and the approval of the protocol on the negotiations<25>
2. Refusal to negotiate
The organizer of negotiations has the right to refuse to conduct negotiations at any time without compensation to participants for losses.<26>. In our opinion, it is advisable for the organizer in this case to send a notice to the participants about the refusal to conduct negotiations
Stage 6. Dispute Resolution
1. The results of the negotiations are not summed up
The participant sends a complaint to the competition commission of the organizer
The form: written<27>
Term: before summarizing the results of the negotiations. The protocol on the results of the negotiations, the head of the organizer approves within three days after they are held<28>
The organizer's competition commission sends the participant a reasoned response to the complaint about its satisfaction or refusal to satisfy it<29>
The form: written:
- signed by the chairman of the competition commission;
- with a statement of the decision taken and the rationale for its adoption.
Term: after the execution of the protocol on the results of the consideration of the complaint. The complaint is considered within ten calendar days from the date of its registration
The participant applies with a repeated complaint to the organizer (in case of disagreement with the decision of the competition commission on the initial complaint)<30>
Deadlines: after receiving the response of the competition commission on the initial complaint
No specific deadlines have been set.
The organizer notifies the participant of the results of the consideration of the repeated complaint
Deadlines: After considering the complaint. The organizer considers a repeated complaint within 5 days from the date of its receipt.
The form: written<31>
2. The results of the negotiations have been summed up, but the contract has not been concluded
Participantsends a complaint to the organizer
Term: during five calendar days from the date of receipt by the participant of a written message on the results of the negotiations<32>
Order: not installed
The organizer decides on the complaint
Deadlines: complaint is considered within ten calendar days from the date of receipt<33>
The organizer makes one of the following decisions<34> :
- on the invalidation of the results of the negotiations and the appointment of repeated negotiations;
- on refusal to satisfy the complaint with appropriate justification
Member Notification Procedure: not installed
Negotiations are not obligatory when placing orders for the construction of facilities fully financed by foreign investors.
The organizer of the negotiations and the participant (participants) take part in the organization and conduct of negotiations. If necessary, negotiations are held with the involvement of experts and authorized representatives of the customer.
The order of the negotiation procedure
When placing an order on the basis of negotiations, the organizer makes a decision (order, instruction or other document) on placing the relevant order, the date of their implementation, the procedure for notifying the participant (participants), creating a tender commission or appointing a person responsible for their implementation with the definition of its (his) powers .
The composition of the documents required to make a decision on holding negotiations depends on the subject of the order being placed. Next, the documentation for negotiations, the draft of the relevant agreement and if necessary documentation for the prequalification of participants. Then the organizer sends invitations to the selected participants to participate in the negotiations, and, if necessary, places a notice of the negotiations and (or) publishes it in any mass media. An invitation to participate in the negotiations is sent to the participants no later than 3 working days before they are held.
The organizer of the negotiations has the right to conduct negotiations simultaneously on several lots. Orders can also be placed for the purchase of homogeneous goods (performance of homogeneous work, provision of homogeneous services) during the construction of objects in a centralized manner for several objects under construction.
When participating in negotiations, the applicant submits his proposals in accordance with the requirements set out in the invitation.
To study the prequalification documents received from the participants, as well as the assessment of the qualification data of the participants, taking into account the criteria established by the organizer of the negotiations, and the methodology for their assessment, a period of 5 working days is set from the date of opening the envelopes with prequalification documents. In some cases, with the consent of the organizer of the negotiations, this period may be extended.
Prequalification documents are submitted to in electronic format(on an electronic storage medium with the impossibility of modifying the information).
The organizer shall consider the proposals of the participants in one of the following ways:
- conducting individual negotiations with each participant, involving, if necessary, experts and authorized representatives of the customer. When conducting individual negotiations, the requirements must be met, in accordance with which the following are provided:
- the confidential nature of the negotiations between the organizer and the participant;
- non-disclosure by any of the parties of the negotiations to third parties of technical, price or other information related to the negotiations, without the consent of the other party;
- selection during the negotiation process of the main or alternative proposal of the participant in the event that negotiations are held with the right to submit alternative proposals by the participants;
- consideration of proposals for negotiations at a meeting of the tender committee with the involvement, if necessary, of experts and authorized representatives of the customer.
Also, a procedure for reducing the price of an order can be carried out if the negotiation documentation indicates the possibility of such a reduction.
