home Self-development Scientific research work on procurement. Features of certain types of procurement

Scientific research work on procurement. Features of certain types of procurement

In practice, we very often have to refer to Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Law), in accordance with to which customers place orders for the supply of goods, performance of work and provision of services through request for quotations, tender, auction or in accordance with Art. 55 of the Law. But in addition to “everyday” simple purchases with traditional contract items (food, stationery, current repairs, motor vehicle liability insurance) there are also specific types of procurement to which the Law has paid insufficient attention, so they usually raise a large number of questions. Such purchases include open competitions for research and development work(hereinafter - R&D). This is due to the fact that R&D orders are placed by a rather small audience of customers who, due to the specifics of their activities, are interested in scientific research and in creation of new intellectual products. The customer faces difficulties already at the stage of preparing the tender documentation, since here he must draw up technical specifications based on his goals and individual needs, and this is not always easy in the absence of the opportunity to review similar purchases on a given topic.

Difficulties in placement R&D orders are also related to the fact that it is quite difficult for the customer to describe the results of the work performed in advance, and therefore, when placing an order, the customer actually pays for the time spent by a scientific team of specialists of a certain qualification to solve the task. At the same time, the quality of the work performed also does not always directly depend on the amount of the order placed, i.e. sometimes contracts with low initial (maximum) prices can lead to more quality implementation works, rather than those works that required large financial costs from the customer.

So, under research and development work refers to a set of activities preceding the launch of a new product or system in industrial production and includes both scientific research and production of pilot and small-scale product samples.

Research and development work can be carried out according to a special order of the customer. To a greater extent, relations regarding the performance of this type of work are regulated by an agreement concluded on the basis of the provisions of Art. 769 Chapter 38 Civil Code RF (hereinafter referred to as the Civil Code of the Russian Federation). According to normative definition: “Under the contract for the performance of scientific research work, the contractor undertakes to carry out scientific research stipulated by the technical specifications of the customer, and under the contract for the implementation of development and technological work- develop a sample of a new product, design documentation for it, or new technology, and the customer undertakes to accept the work and pay for it.”

At the same time, Art. 769-774 of the Civil Code of the Russian Federation clearly delineate contracts for the performance of R&D and allocate two types of such agreements:

contract for scientific research work, according to which the contractor must conduct scientific research determined by the terms of reference;
contract for experimental design (or technological) work, according to which the contractor needs to develop a sample of a new product, design documentation for it or a new technology.

R&D contract may include both performing simultaneously research (hereinafter referred to as R&D) and development work (hereinafter referred to as R&D), or only one type of work.

In accordance with current legislation, to contracts for R&D Some rules established for work contracts apply, but R&D contracts It also has its own characteristics. Let's look at some of them.

By doing R&D the contractor undertakes to conduct scientific research personally or, unless otherwise provided by the contract, for example with the consent of the customer, he has the right to involve third parties in its execution. The rules regarding the general contractor and subcontractor, provided for in Art. 706 of the Civil Code of the Russian Federation.

The customer, in accordance with clause 8.3, part 4, art. 22 Laws it is possible to conclude a contract with several participants in placing an order(hereinafter referred to as URZ) when placing an order for the execution of two or more R&D in relation to the same subject and with the same contract conditions specified in the tender documentation. In this case R&D constitute one lot. And the customer indicates the number of such contracts.

In this case, all parties to the contract for the performance R&D are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained, unless otherwise provided for in the contracts for the performance of these types of work.

Urz in such contracts for the implementation of research, development and technological work must:

perform the work in accordance with the technical specifications agreed with the customer and transfer the results to the customer within the period stipulated by the contract;
agree with the customer on the need to use protected results of intellectual activity owned by third parties and acquire rights to use them;
on his own and at his own expense, eliminate deficiencies in the work performed due to his fault, which may lead to deviations from the technical and economic parameters provided for in the technical specifications or in the contract.

In turn, the customer contracts for R&D must:

transfer to the contractor under the contract the information necessary to perform the work;
accept the results of the work performed and pay for them.

As a rule, in R&D contract turn on intellectual property terms regulating the following issues:

differentiation of rights to previous intellectual property and intellectual property created during R&D;
distribution of rights to created intellectual property;
employer's rights to created intellectual property;
authors' rights to receive remuneration;
the party responsible for ensuring the technical level and patent purity of the results of work under the R&D contract;
the party responsible for identifying protectable R&D results and ensuring their legal protection;
and others.

Thus, after the customer becomes the full owner of the rights to intellectual property included in R&D results, the performer, in turn, receives the right to use these objects for his own needs, and in compliance with the norms contained in the legislation on intellectual property in the Civil Code of the Russian Federation, Federal Law No. 316 of December 30, 2008 “On Patent Attorneys”.

When forming the initial (maximum) contract price, the cost of the work performed R&D usually determined based on the calculation of costs approved by the customer for equipment, materials, etc. and time payment labor of scientific workers.

The initial (maximum) price of one contract is indicated as the initial (maximum) contract price. Wherein the initial (maximum) price of all R&D contracts is the same, and the initial (maximum) price of a lot is equal to the sum of the initial (maximum) prices of all contracts for this lot.

The customer or authorized body has the right to determine the obligations under a state or municipal contract that must be ensured. If the customer establishes a requirement for contract performance security when placing an order for two or more exploratory research works, this requirement is established in relation to each contract for such work, and the amount of contract performance security is established based on the initial (maximum) price of the lot in proportion to the number of these contracts taking into account the requirements of this paragraph.

If the tender documentation provides for the customer’s right to conclude state or municipal contracts for the implementation of two or more R&D with several URZ, then URZ has the right to apply to participate in the competition (lot) only in relation to one such work. An application submitted simultaneously for two or more works will not be considered and will be returned to the participant who submitted it.

If, based on the results of submitting applications, the number of applications submitted does not exceed the number specified in the tender documentation R&D, the competition is declared invalid and contracts for execution specified works are concluded with all URPs that submitted applications for participation in the competition, in the manner established by Part 12 of Art. 25 of the Law, provided that such applications comply with the requirements and conditions provided for in the documentation.

According to the conditions of state R&D contracts commercial use rights R&D results(subject to unconditional respect for the copyright of the developers), as a rule, belong to the customer.

Features of participation in bidding for the right to perform R&D

No.	Peculiarity	Competition for R&D	Competition for any other types of work
1.	Submitting applications	If the contract provides for the implementation of two or more R&D with several RRPs, then the RRP may submit only one application in respect of one such work. An application submitted simultaneously for 2 or more works will not be considered.	One per lot.
2.	Cases of recognition of a competition as invalid	If after the deadline for submitting applications the number of submitted applications does not exceed the amount of R&D indicated in the documentation, the competition is declared invalid, And contracts to carry out the specified work are concluded with all RPAs that submitted applications.	No applications were submitted; one application submitted; only one application was found to meet the documentation requirements; only one URZ was allowed to participate in the competition.
3.	Opening envelopes with applications	The protocol is posted within 3 working days from the date of signing such a protocol.	The protocol is posted within the day following the day of signing such a protocol.
4.	Review of applications	Not provided.	No more than 20 days from the date of opening the envelopes with applications for participation in the competition.
5.	Deadline for evaluation and comparison of applications	Deadline for evaluation and comparison of applications cannot exceed 30 days from the date of signing the protocol for opening the envelopes.	The period for evaluating and comparing applications cannot exceed 10 days from the date of signing the protocol for considering applications.
6.	Winner	If the documentation provides for the customer’s right to enter into contracts for R&D with several R&D plants, then the commission assigns the first number to several applications containing Better conditions execution of the contract. At the same time, the number of applications for participation in the competition to which the first number is assigned must be equal to the specified in the tender documentation number of contracts to carry out R&D.	The winner of the competition is the participant who offered the best conditions for the execution of the contract and whose application was assigned the first number.
7.	Ensuring the confidentiality of the agreement	All parties to the contract are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained, unless otherwise provided for in the contracts for the performance of these types of work.	Not regulated.
8.	Result	development of prototypes new technology and technological documentation for the introduction of new technology; new technology; scientific and technical information documented and experimentally confirmed by calculations.	goods supply; execution of work; provision of services.

Svetlichnaya Liliya Alekseevna
Specialist of the Unified Center for Consultations on Government Procurement,
training manager at the Orientir training center

Research and development is at the core scientific and technological progress and the most important world discoveries. Demand this type 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 on the Russian tender market is expressed by the statistics below.

In 2015, over 5,000 tenders for scientific research were held. The total amount of concluded contracts 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%. The competitiveness in the industry can be characterized by a ratio of 1.31 suppliers per contract. Among the 6,530 participants, there were 1,752 regular customers and 1,886 regular suppliers. 82.21% of contractors received admission to participate in auctions for scientific research. 35.57% of customers demanded security for the performance of the contract.

Statistics by region

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

Based on the results of the auction, the largest contracts were concluded:

Seasonality

From January to March, consumer 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 previous levels in October (655 purchases). Then tender activity gradually decreased to 502 orders. In November, the largest contracts worth over 15 billion rubles were concluded. 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, government orders for scientific research took place on the following sites:

FABRIKANT.RU - 450 orders for 4,619,876 thousand rubles.
Sberbank-AST - 415 orders for 973,479 thousand rubles.
Group of B2B platforms - 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: Federal Space Agency, Ministry of Industry and Trade of Russia, Concern Morinsis - Agat, Rosatom, Bashneft, CJSC Aerocomposite, Ministry of Defense of Russia, Ministry of Communications of Russia, OJSC TV CENTER and others.

To promptly inform about government procurement for scientific research, we suggest subscribing to the free e-mail newsletter of the website portal.

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 production of implantable medical devices and their certification in the Russian Federation", Code "Materials-2018"

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

3. Research work "Research of the current state of foreign trade activities of Russian enterprises producing medical devices and the development of proposals aimed at increasing its efficiency, prepared taking into account the conducted research", 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 "Adhesion-MA"

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

3. R&D "Development of technology for creating a range of water-jet propulsors with a power of up to 1.5 MW to ensure the serial construction of high-speed ships and vessels of increased seaworthiness" Code "Sleming-water intake"

4. R&D "Development of a number of standard projects for floating thermal power plants using LNG for the export of electricity" Code "PTES"

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

6. Research work "Development of the concept of a departmental project for the development of a refrigeration-technological chain for the processing, storage and transportation of aquatic biological resources" Code "Cold chain"

1. R&D “Development and development of mass production of a series of microcircuits for 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 microcircuit and a microcircuit for converting the USB 2.0 interface into serial and parallel interfaces,” code “Interface-I5”

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

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

6. R&D “Development and mastery of mass production of high-power semiconductor infrared emitters in a surface-mount housing”, code “Display-I6”

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

8. R&D “Development and mastering of serial production of a low-profile digital transceiver module of the 1.31 micron range with a speed of at least 2.5 Gbit/s based on a single-frequency vertically emitting laser and a photodetector with an A3B5 nanoheterostructure,” code “Fonon-I28”

9. R&D “Development and development 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 mastery of mass production of a series of multilayer ceramic capacitors for surface mounting for rated voltages of 6.3; 10; 16; 25 V and with overall dimensions from 1005M”, code “Detal-I71”

2. R&D “Development and mastery of mass production of two types of thermistors with negative TKS”, code “Detal-I72”

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

4. R&D “Development and mastery of mass production of screw terminals for mounting on printed circuit boards, circuit boards and mounting rails (Din rail) for wire cross-sections up to 6 mm^2”, code “Detal-I74”

5. R&D “Development and mastery of mass production of a series of common-mode ferrite chokes for surface and volumetric mounting in the inductance range from 0.005 to 100 mH”, code “Detal-I75”

6. R&D “Development and mastery of mass production of a number of push-button switches based on the type of switches of modular design”, code “Apparat-I11”

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

8. R&D “Development and development 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 supplies and power integrated circuits with increased values of thermal conductivity of the bases and local radiation protective screens”, code “Corpus-I6”

The contract system comprehensively regulates the procurement of goods, works, and services, regardless of their types. However, regarding individual species The procurement contract system provides for the specifics of their implementation.

Purchase of research and development (R&D).

Regarding the purchase of research and development (R&D), the regulatory legal regulation The contract system establishes the following features.

Typically, such works are purchased through competitions. The rules for evaluating applications allow us to set in this case the following limit values for the significance of the criteria for evaluating applications:

20% of the total significance of all criteria should be minimally allocated to the significance of cost evaluation criteria;
80% is the maximum significance of non-cost evaluation criteria.

Thus, when holding competitions for R&D

quality and qualification characteristics procurement participant are of decisive importance. It is almost impossible to win by reducing the contract price with such significance values.

In addition, when holding competitions for the purpose of concluding contracts for R&D, the customer has the right to establish in the competition documentation different values of the significance of the criteria for evaluating applications for cases where a participant submits an application offering a dumping contract price (a reduction from the NM Central Committee of more than 25%). This is discussed in more detail in paragraph 3.6.

Also, when procuring work to conduct scientific research, the Procurement Law gives the customer the right to hold a two-stage tender if, in order to clarify the characteristics of the procurement object (content and required results of scientific research), it is necessary to hold discussions with procurement participants.

The Procurement Law allows procurement for so-called exploratory research and development work. In this case, it is allowed to conclude several contracts for the same research work with several procurement participants simultaneously. To conduct such a purchase, the tender documentation must indicate the following: additional information:

information about the possibility of the customer to conclude contracts with several participants in an open competition for the implementation of two or more research works constituting one lot in relation to one subject and with the same contract terms specified in the competition documentation;
an indication of the number of contracts that the customer plans to conclude for the implementation of exploratory research work;
The initial (maximum) price of one contract is indicated as the initial (maximum) contract price. In this case, the initial (maximum) price of all contracts for exploratory research work is the same. The initial (maximum) price of a lot is equal to the sum of the initial (maximum) prices of all such contracts in relation to this lot.

If the tender documentation provides for the right of the customer to conclude contracts for the performance of two or more exploratory research works with several participants in an open competition, the participant in the open competition has the right to submit an application for participation in the open competition (lot) only in relation to one exploratory research work.

When holding an open competition for the purpose of concluding a contract for exploratory research work, a protocol for opening envelopes with applications for participation in such a purchase may be posted in the Unified Information System within three working days from the date of signing such a protocol.

When evaluating applications for participation in such a purchase, the competition commission assigns the first number to several applications for participation in the competition containing the best terms for the execution of the contract. At the same time, the number of applications for participation in the competition, which are assigned the first number, should not exceed the number of contracts that are planned to be concluded based on the results of the procurement, specified in the competition documentation.

And research work. We tell you how you can attract additional extrabudgetary funds and give examples.

Scientists earn money by fulfilling orders for development and research. Government orders for scientific works are formed using the procurement system.

Fundamentals of the public procurement system

The procurement of goods, works, and services to meet state and municipal needs is regulated by Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs.”

Procurement for the needs of legal entities, where the share state participation V authorized capital exceeds 50%, and subsidiaries such organizations budgetary institutions and certain unitary enterprises are subject to the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities”.

According to 44-FZ, customers plan their purchases in accordance with the law on the Russian budget for the next financial year and planning period. According to 223-FZ, the procurement plan is drawn up for a period of at least a year. Article 10 of 44-FZ formulates the principle of stimulating innovation: “When planning and implementing purchases, customers must proceed from the priority of meeting state and municipal needs through the purchase of innovative and high-tech products.”

Article 10 of 44-FZ formulates the principle of stimulating innovation.

Approved procurement plans are published in a single information system(EIS). EIS website - zakupki.gov.ru. All requests from state and municipal customers are posted there. Information about all competitions related to scientific research and engineering and technological developments, the price of which exceeds ₽500 thousand, is published on.

According to the law, anyone can become a procurement participant entity regardless of its legal form, form of ownership, location and place of origin of capital, with the exception of offshore companies, or any individual, including registered as individual entrepreneur. Additional requirements for participants - regarding experience, qualifications, financial situation And material resources- put forward by the procurement organizer when announcing a competition.

Government procurement is carried out in two formats: in the traditional form, when the participant in the competition must provide everything Required documents printed on paper and electronic form- on special platforms, such as sberbank-ast.ru, roseltorg.ru, etprf.ru, etpgpb.ru.

Changes in laws on government contracts

Now, in addition to the auction in electronic form, it will be possible to conduct open competition, limited participation competition, two-stage competition, request for quotation and request for proposals. While customers will be able to carry out electronic procurement in voluntarily, and from January 1, 2019, e-procurement will become mandatory.

To participate in all these types of electronic procurement, you need to obtain accreditation on the electronic platform, necessary requirement for this - . Until the end of 2018, the accreditation procedure is established by Article 61 44-FZ. From January 1, 2019 there will be single register procurement participants.

An important component of the contract system is securing applications and ensuring contract execution. Securing applications for participation in electronic competitions and auctions can be provided by the procurement participant by depositing funds into a virtual account on the electronic platform. Until June 30, 2019 inclusive, this is the only way.

In the future, another type of application security will appear - a bank guarantee. This possibility is provided for by amendments made to contract system Federal Law of December 31, 2017 N 504-FZ. In this case cash will need to be deposited into special accounts opened for participants in certain banks. Their list will be established by the government, and operators electronic platforms will interact with these banks.

Government customers may not require application security if the initial maximum contract price (IMCP) is less than ₽1 million. This change was made by Decree of the Government of the Russian Federation dated April 12, 2018 N 439.

Government customers may not require application security if the initial maximum contract price is less than RUB 1 million.

The amount of the fee is determined by the site operator, but the rules are regulated by law. The fee cannot exceed ₽2 thousand for purchases among small businesses and socially oriented non-profit organizations(SMP and SONKO), and ₽5 thousand - for other purchases. If the NMCC is no more than ₽500 thousand or less than ₽200 thousand for purchases among SMP and SONCO, then the participation fee will not exceed 1% of the NMCC. At the same time, those with whom the contract is concluded when the winner evades are exempt from payment.

Since 2017, payment terms for completed work have been regulated. Contracts must now be paid within 30 days, and for purchases from SMP and SONKO - within 15 working days.

Contracts are paid within 30 days, and for purchases from SMP and SONKO - within 15 working days.

Results of competitions for R&D

On the government procurement website you can see both announced competitions for various R&D projects and the result of determining the contractor.

For example, two applications were submitted to the competition on the topic “Study of the storage capacity of the Ivinsky spill, its impact on the operating regime of the Verkhne-Svirsky reservoir and the development of scientifically based recommendations for optimizing the reservoir regulation regime in order to reduce the negative impact of water on the coastal area.” Customer - Neva-Ladoga Basin Water Administration Federal agency water resources. The winner was the State Oceanographic Institute named after N.N. Zubova, who offered a price of ₽6.8 million. The second participant was the State Hydrological Institute with an application for ₽7.6 million.

The Russian Ministry of Industry and Trade held competition for R&D “Creation of on-board equipment complexes based on distributed integrated modular avionics (IMA of the second generation), necessary for the formation of competencies that allow performing the functions of a level 1-2 integrator on the world market.” The contract price was ₽1.3 billion. The tender was won by JSC Ramenskoye Instrument-Making Design Bureau, whose competitor was JSC Concern Radioelectronic Technologies.

To carry out R&D for Rosatom on the topic “Research, development of technologies and production of experimental samples of units and systems of thermal energy converters into electrical energy. Stage 2018" at a price of ₽175.4 million was claimed by the Scientific Research Institute technical physics and automation and JSC Scientific Research Institute of Instruments (NIITFA won).

Much more often on the government procurement website you can see more modest amounts. Rosselkhoznadzor offered ₽5 million for R&D to create an inactivated foot-and-mouth disease vaccine for early protection against foot-and-mouth disease type O virus. The contract went to the Federal State Budgetary Institution " Federal Center protection of animal health", which beat out its rival in the competition - the Federal State Budgetary Institution "Central Scientific and Methodological Veterinary Laboratory".

Often on scientific competitions a single application is submitted. There are many examples. Contract with the Federal State Budgetary Institution "Agrarian science Center“Donskoy” in the amount of ₽915 thousand was concluded by the Don State Technical University. He does R&D