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PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 1, 2018 No. 632-P

About purchases of the Central bank of the Russian Federation (Bank of Russia)

(as amended on 31-07-2023)

This Provision according to article 7 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018 No. 1, the Art. 66) (further - the Federal Law No. 86-FZ) are determined by procurement procedure in the Bank of Russia.

Chapter 1. General provisions

1.1. Purchase (procurement procedure, procurement procedure) is understood as the sequence of the actions performed according to this Provision and (in the presence) documentation on purchase (procurement documentation), directed to the choice of the supplier (the contractor, the contractor) for the purpose of the conclusion of the contract with it with optimum indicators of the price, quality and terms for timely and complete requirements satisfaction in goods (works, services) necessary for ensuring functioning of system of the Bank of Russia.

Documentation on purchase represents one or several documents containing the complete information about subject, conditions of participation and rules of holding specific procurement procedure, preparation, registration and submission of applications for participation and the choice of the winner.

1.2. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 14.02.2022 No. 6066-U

1.3. In the course of implementation of purchases the Bank of Russia is guided by the principles of information openness and transparency of purchases; non-admissions of restrictions of the competition and prevention of corruption and other abuses in the sphere of purchases, effective use of money on purchase of goods (works, services).

1.3.1. The principle of information openness and transparency of purchases is provided by placement of information on purchases on the official site of the Bank of Russia on the Internet (further - the official site of the Bank of Russia) and on electronic trading platform (further - ETP). The placed information shall be complete and reliable.

1.3.2. The principle of non-admission of restrictions of the competition and prevention of corruption and other abuses in the sphere of purchases is based on creation of equal conditions for participants of purchases and observance fair price and non-price competition for the purpose of identification of the best conditions of deliveries of goods (performance of works, rendering services), and also creation of the conditions excluding prerequisites for emergence of corruption offenses in accordance with the legislation of the Russian Federation, normative and other acts of the Bank of Russia.

1.3.3. The principle of effective use of money on purchase of goods (works, services) when planning and implementing purchases for requirements satisfaction of the Bank of Russia in goods (works, services) is provided with the actions of structural divisions of the Bank of Russia directed to achievement of optimum indicators of the price, quality and terms.

1.4. When carrying out purchases the Bank of Russia adheres to standards of business behavior and ethics.

The Bank of Russia observes the principles of social and ecological responsibility, supports use of the specified approaches from suppliers (contractors, contractors) participating in purchases of the Bank of Russia.

1.5. The permanent collegiate organ of the Bank of Russia making decisions in the course of purchases is the Commission on purchases operating within the powers determined by the regulation of the Bank of Russia regulating procedure for creation and functioning of the commissions on purchases.

1.6. The purchase method, form of its carrying out and application of additional elements of purchase are determined according to requirements of this provision and are considered and affirm the Commission on purchases according to the regulation of the Bank of Russia regulating procedure for creation and functioning of the commissions on purchases. At the same time competitive methods of procurement are preferable.

1.7. In case of the choice of method of purchase are not allowed:

the actions involving unreasonable reducing number of procurement participants;

crushing of purchases.

In case of the choice of additional elements of purchase the actions involving unreasonable reducing number of procurement participants are not allowed.

Crushing of purchase is understood as the unreasonable separation of purchase into two and more for the purpose of carrying out purchases of small amount representing intentional reduction of amount of goods (works, services) and the starting (maximum) price of the agreement provided that the need for such goods (works, services) for planning period is known and there are no obstacles of technological or economic nature which are not allowing to carry out one procedure for purchase of all amount of required goods (works, services).

1.8. Any legal entity irrespective of its form of business, pattern of ownership, the location and the place of origin of the capital, except for the legal entity whose place of registration is the state or the territory included in approved according to the subitem 1 of Item 3 of article 284 of the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, of Art. 3340 can become the procurement participant of the Bank of Russia; 2001, No. 33, Art. 3413; 2002, No. 22, Art. 2026; No. 30, Art. 3027; 2003, No. 28, Art. 2886; 2004, No. 31, Art. 3231; No. 34, Art. 3522; 2005, No. 24, Art. 2312; 2006, No. 23, Art. 2382; 2007, No. 21, Art. 2462; 2008, No. 30, Art. 3614; No. 48, Art. 5519; 2009, No. 1, Art. 13; No. 52, Art. 6444; 2010, No. 15, Art. 1737; No. 40, Art. 4969; 2011, No. 1, Art. 7; No. 49, Art. 7017, Art. 7043; 2012, No. 41, Art. 5526; 2013, No. 19, Art. 2321; No. 40, Art. 5037, Art. 5038; No. 44, Art. 5645; No. 52, Art. 6985; 2014, No. 48, Art. 6647, Art. 6657, Art. 6660, Art. 6661; 2015, No. 1, Art. 17; No. 29, Art. 4340; No. 48, Art. 6687; 2016, No. 1, Art. 16; No. 7, Art. 920; No. 22, Art. 3092; No. 27, Art. 4175; No. 49, Art. 6844; 2017, No. 1, Art. 16; No. 30, Art. 4448; No. 49, the Art. 7320) the list of the states and the territories which are providing preferential tax regime of the taxation and (or) not providing disclosure and provision of information when carrying out financial transactions (offshore zones) concerning legal entities (further - offshore company), or any physical person including registered as the individual entrepreneur, who timely submitted the application for participation in purchase.

The application for participation in purchase is prepared by the procurement participant in form and according to the procedure, established in documentation on purchase, and represents the set of documents containing including the functional and commercial offers of the procurement participant and provided to the address and in time specified in documentation on purchase.

The application for participation in purchase is signed by person having powers to act on behalf of the procurement participant, or the procurement participant personally.

1.9. Procurements of the Bank of Russia are conducted according to the annual plan of purchases containing information about the procurements planned and conducted by the Bank of Russia. The annual plan of purchases is posted on the official site of the Bank of Russia.

1.10. For the purpose of informing suppliers (contractors, contractors) on carrying out competitive purchase and its main conditions the set of documents is prepared:

the notice on purchase execution - in case of purchase execution in open form;

the invitation to participation in purchase - in case of purchase execution in the closed form;

documentation on purchase;

draft agreement.

When using the term "documentation on purchase" for the description of procedure for carrying out particular procurement the term "documentation on purchase" can be concretized - "tender documentation", "auction documentation", "documentation of request for proposals", "documentation of quotation request", "documentation of collection of price offers".

1.11. In documentation on purchase which is subject to placement on ETP, without fail is specified that procurement participants independently trace information on purchases of the Bank of Russia placed on ETP.

1.12. In documentation on purchase without fail it is specified that procurement participants independently incur all expenses and risks connected with participation in procedures of purchases of the Bank of Russia.

The supplier (the contractor, the contractor) who submitted the application for accreditation according to appendices 1 and 2 to this Provision and (or) preliminary qualification for participation in procurement of the Bank of Russia, independently incurs all costs connected with preparation and submission of documents.

The Bank of Russia does not compensate the specified costs to the supplier (the contractor, the contractor) who submitted the application for accreditation and (or) preliminary qualification, the application for participation in purchase irrespective of the made decision.

The payment for participation in accreditation and (or) preliminary qualification and (or) participation in procurement is not levied from the supplier (the contractor, the contractor).

1.21.1. For the purpose of non-admission of actions of corruption nature and emergence of conflict of interest between the procurement participant and the Bank of Russia in the course of purchasing activity suppliers (contractors, contractors) without fail represent the corresponding commitment letters:

legal entities - as a part of the request for accreditation in the form provided by appendix 3 to this Provision;

individual entrepreneurs - as a part of the request for accreditation in the form provided by appendix 4 to this Provision;

physical persons - as a part of the application for participation in purchase in the form provided by appendix 4 to this Provision.

1.12.2. For the purpose of observance of requirements of the legislation in the field of counteraction of legalization (washing) of income gained in the criminal way, adhering to standards of circumspect behavior, the Bank of Russia in case of the choice of partners, the conclusion and execution of agreements requests from the suppliers (contractors, contractors) of assurance that the conclusion purpose them the contract with the Bank of Russia is not:

implementation of the activities directed to legalization of the money received in the criminal way or assistance in its implementation;

obtaining by the supplier (the contractor, the contractor) of the income only or mainly due to tax benefit.

1.13. This Provision is not applied to the relations connected with:

purchase of goods (performance of works, rendering services) for holding representative actions according to normative and other acts of the Bank of Russia;

purchase of goods (performance of works, rendering services) connected with need of ensuring protection of the data which are the state secret and the regulated separate regulation of the Bank of Russia establishing procedure for carrying out such purchases;

purchases of structural divisions of the Bank of Russia and the field organizations of the Bank of Russia which are in the territory of foreign states;

the procurements conducted based on separate acts of the Bank of Russia.

Chapter 2. Competitive and non-competitive methods of procurement, additional elements of purchases

2.1. When implementing purchases the following competitive methods are used:

tender;

auction;

quotation request;

request for proposals;

collection of price offers.

2.1.1. Tender - purchase method in case of which the winner of purchase the procurement participant who offered the best on set of several criteria established in the tender documentation, agreement performance conditions is recognized. Purchase execution in the form of tender imposes on the Bank of Russia the obligation according to the conclusion of the contract with the winner of purchase.

Competition is held in case the subject of purchase requires multiple-factor assessment of properties in addition to cost assessment and the choice of the winner requires assessment of additional requirements to the supplier (the contractor, the contractor) for assessment of its capability with proper quality to satisfy requirement of the Bank of Russia.

2.1.2. Auction - purchase method as a result of which carrying out by the winner the procurement participant who offered bottom price of the agreement (unit price of products, the amount of single quotations) in accordance with the terms of auction documentation is recognized. Purchase execution in the form of auction imposes on the Bank of Russia the obligation according to the conclusion of the contract with the winner of purchase.

The auction is held in case the subject of purchase requires exclusively cost assessment, the number of price offers in the public market are enough for competition of participants, and such price offers have potential to decrease.

2.1.3. Request for proposals - purchase method in case of which the winner the participant (participants) of purchase whose request in the best way conforms to requirements of documentation on request for proposals according to the announced criteria is recognized.

Request for proposals is carried out if the Bank of Russia within precontract work needs to perform the procedure of search of the most preferable offers in the market for satisfaction of requirement and the possible conclusion of the agreement. At the same time assessment of preference of offers is carried out based on multiple-factor assessment as properties of goods (works, services), and qualification of the supplier (the contractor, the contractor).

2.1.4. Quotation request - purchase method as a result of which carrying out by the winner the participant (participants) of purchase who offered bottom price of the agreement (unit price of products or the best price indicator, the amount of single quotations) in case of accomplishment of the requirements established in quotation request is recognized.

The quotation request is carried out if the Bank of Russia within precontract work needs to perform the procedure of search of the most preferable offers by cost criterion in the market for satisfaction of need for goods (works, services) and the possible conclusion of the agreement.

2.1.5. Collection of price offers - purchase method when which carrying out procurement participants have opportunity initially repeatedly to submit the price proposal, and the winner is recognized the participant (participants) of purchase whose request by results of consideration of price offers in the best way conforms to requirements of documentation of collection of price offers.

Collection of price offers is carried out if the Bank of Russia within precontract work needs to perform the procedure of search of the most preferable offers by cost criterion with the number of such offers, sufficient for competition, in the public market. At the same time selection of the most preferable to the Bank of Russia and conforming to the established additional requirements to participants of offers is performed among the ranged price proposals of procurement participants.

2.2. Non-competitive methods of purchase assume the conclusion of the agreement without consideration of applications for participation in purchase of several procurement participants and execution of the notice on purchase execution (invitations to participation in purchase) and documentation on purchase in the presence of the good causes provided by this Provision.

When implementing purchases use the following non-competitive methods:

purchase at the single supplier (the contractor, the contractor);

uncontested purchase;

purchase of small amount.

Features of implementation of purchases by non-competitive methods are established by Chapter 11 of this provision.

2.3. When implementing competitive purchases lots - obviously isolated in the notice on purchase execution (the invitation to participation in purchase) and documentation on purchase of part of the purchased goods (works, services) can be allocated.

Concerning each lot the separate agreement can be signed. If by several lots the winner determines the same legal (physical) entity, the single agreement on several lots can be signed.

2.4. When implementing the competitive purchases other than tender (auction), if necessary the following additional elements provided by this Provision are used:

assignment to several procurement participants of the first place;

submission of alternative offers;

competitive negotiations;

rebidding.

In documentation on purchase the possibility of application in procedure for procurement of one or several additional elements without fail is specified.

Information on additional elements of competitive purchases is carried to suppliers (contractors, contractors) in that form which is determined for procurement procedure in general.

2.4.1. Within one procurement procedure other than tender (auction), the possibility of assignment of the first place to several procurement participants on one lot can be provided in documentation on purchase:

for the purpose of distribution of total amount of requirement of the Bank of Russia (division of lot) between them;

for the purpose of the conclusion with each of participants to whom following the results of purchase the first place, contracts with identical or similar conditions in volume of all lot (identical amount) is appropriated.

2.4.1.1. Lots can be divisible and indivisible.

Division of lot is applied for the purpose of increase in delivery reliability of goods (performance of works, rendering services) and receipts of the best terms of the contract for the Bank of Russia.

The application for participation in purchase is submitted separately on each lot.

Concerning each lot the procurement participant has the right to submit only one application for participation in purchase.

In case of division of lot its amount is distributed among several procurement participants, following the results of purchase concerning this lot the first place is appropriated to each of which.

2.4.1.2. In case of purchase execution with distribution of total amount of requirement of the Bank of Russia (division of lot) between several procurement participants in documentation on purchase shall be established:

procedure for assignment of the first place to several procurement participants;

conditions of the conclusion of the contract with procurement participants to which following the results of purchase the first place is appropriated;

equity distribution of the purchased amount of goods (works, services) among such participants.

2.4.1.3. In case of holding procurement procedure for the purpose of the conclusion of the contract of the identical (fixed) amount with each of procurement participants to which following the results of purchase the first place is appropriated in documentation on purchase shall be established:

the planned number of winners of the procedure;

procedure for assignment of the first place to several procurement participants and procedure for their ranging according to which at such participants all fixed amount of goods is acquired (works, services).

When carrying out competitive purchase with possibility of assignment of the first place to several procurement participants by results of which the conclusion of the framework agreement is planned documentation on purchase joins the information about the planned number of winners, procedure for their ranging, procedure for distribution of requirement of the Bank of Russia for goods (works, services) which are purchase subject between winners of procurement procedure at stage of execution of the framework agreement. At the same time the procedure for distribution of requirement of the Bank of Russia for goods (works, services) which are purchase subject between procurement participants to whom following the results of purchase the first place is appropriated is reflected in the minutes of the commission on purchases.

2.4.1.4. In case of application on lot in case of purchase execution with possibility of assignment to several procurement participants of the first place for the purpose of distribution of total amount of requirement of the Bank of Russia between them opportunity to submit the application both for all amount, and for its part can be provided in documentation on purchase.

2.4.2. The procurement procedure with possibility of submission of alternative offers as a part of the application for participation in purchase is carried out taking into account the following features.

2.4.2.1. Submission of alternative offers is applied in need of obtaining (in addition to the basic) from procurement participants of offers, for the purpose of the best satisfaction of need for goods (works, services) which are purchase subject with characteristics of delivered goods, organizational and technical or commercial decisions, terms of the contract.

The alternative offer cannot differ from the basic only in the price.

2.4.2.2. When holding procurement procedure with possibility of submission of alternative offers documentation on purchase shall contain:

requirements to goods (works, services) and (or) terms of the contract, organizational technical solutions or commercial conditions (to delivery conditions, transition of risks, payment of goods; to quantity of commodity units in batch, seasonality and to other conditions of agreement performance) concerning which submission of alternative offers is allowed;

procedure for preparation and submission of alternative offers by the procurement participant;

specifying on the fact that as a part of the request alternative proposals are submitted separately from the basic and are accepted only in the presence in the application for participation in purchase of the main offer;

criteria and evaluation procedure of such offers.

2.4.2.3. The commission on purchases if necessary limits the number of the alternative proposals submitted by one participant in documentation on purchase.

2.4.2.4. By consideration of requests the basic and alternative offers are considered separately.

2.4.2.5. By results of selection the requests of participants conforming to the established requirements are estimated. At the same time all proposals of the participant are estimated if at least one of them (the main or alternative) to acknowledged conforming requirements established in documentation on purchase.

2.4.2.6. In case of assessment of requests and in case of the choice of the winner alternative offers are considered on an equal basis with the main. Alternative offers participate in ranging irrespective of the main offer. At the same time the procurement participant receives so many places in ranking how many its offers acknowledged conforming to the established requirements.

2.4.3. Competitive negotiations can be held only for the procurement procedures which are carried out in multi-stage form.

The procurement procedure with possibility of carrying out competitive negotiations is applied in cases when there is no opportunity accurately and to unambiguously establish requirements to subject of purchase and conditions of the signed agreement, and held taking into account the following features:

procurement documentation is prepared once with indication of on implementation of purchase with carrying out competitive negotiations, quantities of stages of competitive negotiations and terms of their carrying out. If at the time of approval of documentation on purchase using competitive negotiations the quantity of stages is not determined, in documentation on purchase the deadline during which competitive negotiations are completed is specified;

the decision on carrying out the following stage of competitive negotiations is made by the Commission on purchases;

by results of competitive negotiations the participant directs the specified request.

2.4.3.1. During competitive negotiations the discussed questions of procurement participants and explanation are fixed in the protocol of the Commission on purchases. By results of each stage of competitive negotiations the protocol is drawn up.

2.4.3.2. When carrying out competitive negotiations in documentation on purchase the following requirements are specified:

any negotiations between the Commission on purchases and the procurement participant have confidential character;

any of the parties of negotiations does not open to any other person any technical, commercial and other information relating to these negotiations, without written consent other party.

2.4.3.3. To participants of purchases data on date, time, the venue and the list of participants of competitive negotiations beforehand are led up.

According to the decision of the Commission on purchases competitive negotiations can be held with each of procurement participants separately, along with several or with all procurement participants allowed to competitive negotiations. At the same time the Commission on purchases provides equal total number of competitive negotiations in which each such procurement participant has the right to take part.

Within carrying out competitive negotiations documentation on purchase can provide:

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