The main purpose of the technical specification is to clearly define and record the requirements for the procurement object. At the same time, the law establishes that the name of the purchase is indicated in accordance with (Part 4 of Article 23). The catalog was approved by Government Decree No. 145 dated 02/08/2017.
If there is a description of the purchased products in KTU, the customer is obliged to:
- describe the procurement object as provided by the KRU;
- include a written justification in the description (if the description differs from that provided in the KTR).
The Rules approved by GD dated 06/05/2015 No. 555 provide for the customer’s obligation to indicate the name of the item of purchase during the justification process.
The customer formulates the requirements based on the rules for describing the procurement object (Article 33). Let's highlight some mandatory conditions:
- indication of equivalent;
- validity by regulations or other regulatory documents;
- availability of specifications, plans, drawings, sketches, images (if necessary);
- new condition of the goods (if the customer has no other need);
- requirements regarding the provision of a guarantee.
What to include in the technical specifications
- general information;
- information about the purchased object;
- requirements for suppliers;
- conditions ;
- applications (allowed at the discretion of the customer).
Stages of drawing up technical specifications
1. Make a list of terms, definitions and abbreviations that will be used in the document.
2. Provide complete information about the customer:
- name (official name of the organization indicating its legal form);
- address (of the organization or unit that is responsible for public procurement);
- working hours in accordance with internal labor regulations.
3. Provide the following information in the procurement information:
- or not, and if yes - the rights and obligations of each customer (GD dated November 28, 2013 No. 1088);
- centralized procurement, information about the authorized body (Part 1, Article 26 of Law No. 44-FZ);
- involvement of experts, the procedure for their work.
4. List information about government procurement:
- method for determining the supplier (part 1 of article 24);
- justification for the chosen method of determining the supplier (Part 5 of Article 24).
5. List the requirements for participants: business reputation, availability of production facilities.
6. Indicate the initial conditions: reference, production, experimental information that influence the execution of the contract. For example, it is possible to service purchased equipment only in the morning.
7. Provide information about the features of the customer’s production process or architectural object that will affect the contract execution process. For example, when drawing up a technical specification, you may need to indicate that during delivery it is necessary to climb to the third floor manually due to the lack of an elevator.
8. Indicate the exact location of the object, and, if necessary, its full description. This may be required, for example, for designing utilities or for accurately calculating the cost of repairs.
9. Provide the desired results (what problem the customer wants to solve) and the goals of public procurement (Article 13 44-FZ).
10. Indicate the source of funding.
11. Establish a requirement for participants to comply with a certain regulatory framework, including those related to the subject of the contract, conditions of performance, terms, and warranty obligations.
12. Determine the conditions of public procurement (Part 1, Article 19).
13. Indicate the name and justification of the public procurement object.
14. Describe the object of public procurement as accurately and in detail as possible (Article 33).
15. Determine the environmental features of the purchased object.
16. Specify the volume of goods purchased, as well as the frequency and delivery time.
17. Determine the warranty period and the scope of the guarantees provided.
18. Establish requirements for packaging, labeling, what symbols and special symbols should be on it.
19. Oblige to provide confirmation of a new product or the need for a product of a different condition.
20. Determine operating costs.
21. Decide whether installation and adjustment are needed.
22. Establish the procedure for delivery and acceptance.
23. Indicate the need to conduct testing and training of persons who will use the purchased product.
Samples of technical specifications for goods, works, services in 2019
Remember that a universal sample technical specification for Federal Law-44 has not been developed; each purchase requires an individual approach. This is the only way to take into account all the needs and characteristics of the customer. As a guide, you can use this example of a technical specification according to 44-FZ (sample).
Below is a sample technical specification for the supply of goods under 44-FZ.
You can also find a sample terms of reference for performing work under Federal Law-44 in our material about or systems.
Document text:
Approved by Resolution of the Ministry of Economy dated April 10, 2007 N 68
TERMS OF REFERENCE FOR THE PROVISION OF SERVICES FOR THE DEVELOPMENT OF A BUSINESS PLAN FOR AN INVESTMENT PROJECT under Agreement No. ___ dated "___" _____________ 20___ 1. Term of provision of services: _________________________________. (initial and final dates are indicated) 2. Goals and objectives of the provision of services: ______________________________ (description of the goals and objectives of _____________________________________________________________________ the provision of services carried out during the provision of services ___________________________________________________________________. pre-investment studies) ___________________________________________________________________. 3. Composition, content and form of services provided: ______________ (presented are ___________________________________________________________________. the main sections of the business plan of the investment project, subject to _____________________________________________________________________ development, calculations carried out, including alternative ones, _____________________________________________________________________ list of appendices to the business plan, the need for analysis and _____________________________________________________________________ forecasting by the Contractor financially - economic activities of _____________________________________________________________________ of the Customer, implementation by the Contractor of pre-investment _____________________________________________________________________ research (marketing research, search for technical and _____________________________________________________________________ technological solutions for the implementation of the investment project, _____________________________________________________________________ identification of suppliers of equipment, technologies and resources, _____________________________________________________________________ search of potential investors and others), the need to provide _____________________________________________________________________ practical assistance to the Customer in preparation initial data) 4. Requirements for the provision of services: ______________________________ (a list is provided of _____________________________________________________________________ regulatory legal acts that define the requirements for the methodology of _____________________________________________________________________ development of a business plan for an investment project, other documents _____________________________________________________________________ (established requirements) of banks and non-banking ___________________________________________________________________. financial institutions) 5. Initial data (documents and materials): ___________________ (provides _____________________________________________________________________ list of initial data provided by the Customer for _____________________________________________________________________ provision by the Contractor of services for the development of a business plan ___________________________________________________________________ investment project) 6. Conditions for consideration and acceptance by the Customer of development services business plan for an investment project ___________________. From the Contractor: From the Customer: ____________________________ ____________________________ (position, signature) (position, signature) ____________________________ ____________________________ (I.O. Last Name) (I. O. Last Name) M.P. M.P.
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It's no secret that a legally competent approach to drawing up an agreement or contract is a guarantee of the success of the transaction, its transparency and security for counterparties. Legal relations in the field of employment are no exception. -
In the course of business activities of many companies, a supply agreement is most often used. It would seem that this document, simple in its essence, should be absolutely clear and unambiguous.
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Approximate form
Appendix 2
to the Service Agreement
catering
N ____ from "__" ____________ ____ year
Technical task
for the provision of services for organizing and providing food
1. Name of services provided
1. Name of services provided
Organization of meals for students and pupils of a general education institution ________________.
2. Duration of service provision
Providing services for organizing and providing food from "__" ____________ ____ to "__" ____________ ____.
3. Indication of the source of funding and budget classification codes
Source of financing - ________________
Budget classification code - ________________.
4. Basic conditions for the provision of services
4.1. The provision of services is carried out in accordance with the Customer's requirements according to the approved and agreed upon menus in accordance with the order of the head of the institution for the provision of food, indicating the number of students and pupils.
4.2. Acceptance of actually rendered services is carried out by the Customer.
5. Requirements for the services provided
5.1. The contractor must provide the full range of services necessary to organize meals for students and pupils of a general education institution.
5.2. Services for organizing meals for students and pupils in a general education institution, dishes and culinary products prepared for use in their nutrition must meet the sanitary and epidemiological safety requirements established by international agreements, including the “Unified Sanitary, Epidemiological and Hygienic Requirements for Products (Goods), subject to sanitary and epidemiological supervision (control)" approved by the Decision of the Customs Union Commission dated May 28, 2010 N 299, federal laws of the Russian Federation, sanitary and epidemiological rules, norms and hygienic standards, and other applicable regulatory documents.
5.3. The quality of services (work) for organizing meals for students and pupils must comply with the requirements of this technical specification, as well as national standards, including GOST 31984-2012 "Public catering services. General requirements", as well as the Rules for the provision of catering services (approved by resolution Government of the Russian Federation dated August 15, 1997 N 1036) and satisfy all nutritional needs of students during their stay in a general educational institution, including physiological needs for nutrients and energy.
5.4. The consumer properties of dishes, culinary products, food products used in the nutrition of students and pupils, their organoleptic properties, including appearance and design, consumer packaging and weight (portion volume), manufacturing technologies, recipes, manufacturing conditions must comply with the requirements of this technical specification, Agreement, national standard GOST 30390-2013 "Catering services. Catering products sold to the public. General technical conditions".
5.5. The determination of standards for waste and losses of raw materials and food products in the production of culinary products is carried out in accordance with the national standard GOST 31988-2012 "Catering services. Method for calculating waste and losses of raw materials and food products in the production of public catering products."
When developing any project. How is this document prepared? This will be discussed in the article.
Technical specification - what is it?
Before starting to develop a project, a plan must first be drawn up. Construction, entrepreneurship, housing work - absolutely any labor sector requires the development of an appropriate plan. In this case, it does not matter how complex or serious this or that work is. The development of technical specifications, and, in fact, an ordinary action plan, is a key stage here.
The terms of reference are needed by both sides of the work process: the contractor and the customer. Often, quarrels, conflicts and misunderstandings arise between these two individuals. A well-drafted action plan will help strictly regulate all obligations of each party.
Why does the customer need technical specifications?
As already mentioned, the development of technical specifications is a necessary process that is useful for both parties to the employment contract. However, now it’s worth talking about why the presented document is needed by the direct customer.
The most important thing to note is the fact that the technical specifications are developed only by the customer. This is a kind of action plan, an agreement on the provision of services. With the help of this document, performers can clearly define their job functions, as well as what exactly is required of them. The document in question should always be developed with the highest quality and care. Thus, the customer must take into account all the main theses and points, and also avoid contradictory issues. If the document is drawn up correctly, the customer will always be able to point the dissatisfied contractor to a certain clause of the contract.
Why does the contractor need technical specifications?
The contractor receives samples of technical specifications before starting any work. The worker must carefully read all the points in the document. This step will help avoid manipulation by the customer. Thus, many bosses may demand something from employees that was not discussed in the terms of reference.
The contractor must clarify all the necessary points and the amount of payment. So, it is worth making sure that cash payments relate only to those points that are specified in the document. Otherwise, inattentive performers can work for free.
Thus, the performer should pay attention to samples of technical specifications as often as possible. This will help him avoid unnecessary problems and misunderstandings.
Starting to compile a document
Where should I start filling out the document? The terms of reference for the work should always begin with general provisions and goals. What is included in the general provisions? First, a small glossary. Of course, this is not a prerequisite. However, if the document is narrowly focused and therefore replete with specific terminology, then it is still worth attaching a small dictionary. In any case, this will be another step towards mutual understanding between the customer and the contractor. Secondly, the general provisions must contain information about the parties to the contract.
What are the objectives of the terms of reference? It's probably not hard to guess. So, it is necessary to briefly outline what kind of project is being developed, why it is needed and how the final result can be achieved. All tasks and goals should be described in as much detail and clarity as possible. This approach will help establish mutual understanding between the parties to the contract.
Requirements and deadlines
Without fail, any technical specification for the execution of work must contain certain requirements, as well as clearly established deadlines. Everything is relatively clear with the timing. Although it is worth noting that it is better to take time with some reserve. In addition, the speed of order execution should not affect the quality. If the contractor violates the established deadlines, the contract must contain certain sanctions for this case.
What can you tell us about the requirements? The customer must remember that all requirements are divided into two main types: special and functional. Functional requirements are to some extent visual and figurative. These are certain images, elements, sketches of what the customer would like to see. Special requirements are strictly regulated, indicating specific tasks and methods of execution. Naturally, special ones should significantly predominate. Otherwise, the performer may simply not fully understand what exactly they want from him.
Responsibility and reporting
It’s worth talking about two more important elements that absolutely any sample technical specifications should contain in a little more detail. We are talking about the responsibility of the parties and about accountability. What does each of these elements represent?
It is advisable to generate reporting in stages, especially if the terms of reference are large. As soon as a certain stage of work has been completed, reporting can be submitted (required). In addition, such a system allows you to keep the performer in good shape. Otherwise, he can do everything at the last moment, and therefore, of extremely poor quality.
What can be said about the liability of the parties? It is immediately worth noting that such a clause is not mandatory. However, many customers still find it necessary to regulate the main types of fines, penalties and sanctions for various violations. It is advisable to indicate the main elements of responsibility in documents such as technical specifications for procurement, transportation, etc.
Drawing up technical specifications
Any technical assignment (for supply, construction, transportation, etc.) must be drawn up very competently and efficiently. This is necessary, firstly, to ensure that future litigation, disputes and conflicts do not arise due to misunderstandings between the parties. And secondly, for simple convenience. Not every customer is able to competently draw up technical specifications. Often lawyers are hired for this matter, although there is little point in doing so.
You just have to remember a few simple rules:
- the contract must be detailed and detailed (however, there is no need to exaggerate; it is unlikely that at least one contractor will want to read multi-volume comments on the requirements);
- the contract must be clear, without confusion and unnecessary information;
- the task should not be some kind of dogma; It is worth remembering that this is only an indication, albeit a strictly regulated one - be it a technical task for maintenance or for planting trees.
All the advice that was given above is only a small part of what could be talked about. However, you can still give customers a couple of guidelines. Thus, the terms of reference (for maintenance or construction) can be built according to a template. It is not necessary to take this template from somewhere; So, if writing a contract for the provision of services is a fairly common task, then creating a couple of cliches for yourself will not be so difficult.
It is worth recalling how important it is to check the standards: be it GOST, regulatory or legal acts, local acts, etc.
