ケース / 入札と調達
入札と調達

44-FZ のもとで国家契約に入札する

公告を読んで 44-FZ と 223-FZ のどちらが適用されるかを見極め、発注者の smeta から NMCK(上限契約価格)を組み直し、自らのリスクを見積りに織り込み、保証金とともに zayavka(入札書類)を提出し、法律が定める支払サイクルに契約を乗せる。

7ステップ15 分総合建設会社専門工事業者コストコンサルティング会社 / 積算事務所

仕組みをステップごとに

プラットフォーム全体で7ステップ - 各ステップで何をするか、そしてなぜ重要か。

1

Establish which law the purchase runs under

入札管理

Read the notice in the unified information system and settle three things before touching the price: which law it names, 44-FZ or 223-FZ, which procedure is being run, and for a 223-FZ purchase which version of the customer's own procurement regulation applies. Note as well whether the purchase is reserved for small business.

理由: Under 44-FZ the procedure, the forms and the grounds for rejecting an application come from the statute and are identical for every customer in the country. Under 223-FZ they come from a regulation the customer writes itself, so two purchases run by two state companies can demand entirely different documents. Reading the wrong rulebook ends in rejection on formal grounds with your price never opened.

入力Published noticeCustomer's procurement regulation出力Governing law identifiedRulebook that applies
2

Rebuild the NMCK from the customer's smeta

内訳書

Load the smeta published with the notice position by position and price it against your own rates and your own norms. Mark every position where the quantity, the norm or the price does not survive contact with how the work is actually done, and total what the difference is worth.

理由: The NMCK is both a ceiling and a claim about what the work costs. If it was built on a stale index or on a norm that does not fit the method the site will use, you learn it either now, while you can still decide not to bid, or eleven months in while carrying the difference yourself. Under 44-FZ the contract price is fixed on signature, so there is no later.

入力Customer's smetaYour own rates and norms出力Rebuilt pricePositions that do not hold
3

Price your own overhead, profit and risk into the offer

内訳書

In the bill's Markups & Overheads panel, set the overhead and profit this company actually needs rather than the normed percentages the NMCK was built with, add what the bid security, the performance security and the payment terms cost you in working capital, and work out the largest discount you could still carry at the end of the job.

理由: Normed NR and SP describe an average contractor on an average job, which is not this one. The discount settled here governs the whole contract, because a state contract is not renegotiated, and a bidder who goes a quarter or more below the NMCK triggers the anti-dumping measures in article 37 of 44-FZ and must post increased security or prove good faith before the contract can be signed.

入力Rebuilt priceSecurity and payment terms出力Offer priceDiscount you can carry
4

Assemble the zayavka and post its security

入札管理

Build the application the notice actually asks for: the price, the consent to the customer's terms, the declarations about the bidder, the evidence of comparable experience where the purchase demands it, and the bid security in one of the forms the notice allows. Check every deadline against the notice rather than against what the last purchase did.

理由: Most public work is lost on a missing declaration or on security posted in a form the notice did not accept, not on price. The commission checks the application against the notice mechanically, and once the deadline passes there is no route to add what was left out.

入力Offer priceDocuments the notice lists出力Submitted zayavkaBid security posted
5

Take the contract at the price you offered

契約

Sign at your offered price with the performance security in place, and record the terms that will govern the whole job in one place: the intermediate and final deadlines, the penalty regime, the advance if there is one, the retention, and the narrow grounds on which the price or the scope may change.

理由: A contract under 44-FZ is signed on the customer's terms and its price is fixed by the law, with only the grounds the statute names for changing it afterwards. Whatever was not priced into the bid is yours to carry, so the contract record has to be the version the site, the estimator and the accounts all read, not a copy in one person's mailbox.

入力Award decisionPerformance security出力Signed contract on recordTerms everyone works from
6

Put the payment term on the clock the law sets

支払クロック

Put the contract on the 44-FZ public regime and let it count from the right event, the customer's signature on the acceptance document rather than the day you sent it. That gives seven working days to payment, ten where settlements run under treasury support or the acceptance was signed outside the unified system, which the regime does not compute for you, and the interest on delay is a statutory rate rather than a negotiated one.

理由: The term comes from article 34 of 44-FZ and is not a matter of local custom, so a customer paying late is in default from a date that can be named to the day. A clock started on the right event is what turns a conversation about slow payment into a claim with a figure attached.

入力Signed contractAcceptance document出力Payment due dateStatutory delay interest
7

Watch the deadlines the penalty regime hangs on

期限

Load the intermediate and final deadlines the contract sets together with the notices you owe the customer, and let each one warn you before it lands instead of appearing in a letter afterwards.

理由: On a state contract a missed deadline produces a penalty calculated by formula, and a termination for your default puts the company into the register of unscrupulous suppliers, which closes public work to it for two years. The penalty is arithmetic and survivable, the register is not, and both start from a date nobody was watching.

入力Contract deadlinesNotices you owe出力Deadlines under watchWarning before each date
モジュール

このプレイブックのモジュール

プラットフォーム 190 モジュール中 6

The market this case is written for

ロシア

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • GESN/FER
  • KS-2 / KS-3

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

入札と調達の他のケース

入札と調達

内訳書から入札を実施する

積算済みの内訳書を市場に出す。パッケージにまとめ、下請業者を招待し、入札をレベリングし、勝者に発注する。5ステップで最初から最後まで。

5ステップ12 分開く
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内訳書から資材を調達する

すでに価格付けした数量を購入する。明細書から購入依頼を起票し、サプライヤーへ発注し、現場で入荷検収を行う。

4ステップ10 分開く
入札と調達

入札を比較して発注する

微妙に食い違う入札書類の束を取り、同じ施工範囲まで揃えて比較し、精査に耐える発注判断を施主に提示します。

3ステップ12 分開く