OSAGO agreement. Standard model of an OSAGO agreement for legal entities What to do if the insurance company refuses to draw up an agreement

Compulsory insurance of third party liability of vehicle owners (OSAGO) is one of the most non-standard procurement objects. Is there such a way to purchase these services, in which the requirements of the legislation on the contract system and the legislation on OSAGO are consistent with each other? This article is devoted to the search for an answer to this question.

Justification of the initial (maximum) price of the contract

As you know, the method of comparable market prices (market analysis) is the priority method for determining and justifying the initial (maximum) contract price (hereinafter referred to as the NMCC) (part 6 of article 22 of Law N 44-FZ). However, if the prices of purchased services are regulated by the state, the tariff method is applied (part 8 of article 22 of Law N 44-FZ).

As follows from part 1 of Art. 8 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - Law N 40-FZ), insurance rates for OSAGO are regulated by the Bank of Russia, which establishes:

1) limits on the base rates of insurance tariffs (their minimum and maximum values ​​expressed in rubles);

2) coefficients of insurance rates;

3) requirements for the structure of insurance rates;

4) the procedure for applying insurance tariffs by insurers when determining the insurance premium under an OSAGO agreement.

At present, all the specified parameters of insurance rates are determined by the Bank of Russia Directive No. 3384-U dated September 19, 2014 (hereinafter referred to as the Central Bank of the Russian Federation Directive No. 3384-U). Thus, if the subject of the purchase is OSAGO services, customers are required to apply the tariff method when determining the NMTsK, based on the maximum base rates of insurance tariffs (see also letter of the Ministry of Economic Development of Russia dated November 18, 2015 N D28i-3461). Justification of the NMCC using the method of comparable market prices (market analysis) will lead to a violation of the requirements of Art. 22 of Law N 44-FZ (see Resolution of the Federal Antimonopoly Service of the North-Western District of 04.09.2015 in case N A05-14192/2014).

What happens if the customer, ignoring all of the above, prepares a justification for the NMCC using the method of comparable market prices (market analysis)? In fact, nothing terrible can happen. The fact is that insurers are also obliged to apply the established insurance rates and are not entitled to apply rates and (or) coefficients that differ from those established (part 6 of article 9 of Law N 40-FZ). Therefore, when calculating the average market price on the basis of insurers' commercial offers, the customer will actually receive the same result as in the case of independent calculation of the NMCC by the tariff method: after all, all insurers will have to submit commercial offers containing exactly the same calculation of the same price.

This incident received a legal assessment in the decision of the Krasnoyarsk OFAS Russia dated 06/09/2015 in case No. 610. In this case, the NMCC was justified by the method of comparable market prices (market analysis). For this purpose, commercial offers of various insurers were used, containing a calculation made in accordance with the indication of the Central Bank of the Russian Federation N 3384-U using the limit value of the basic rates of insurance tariffs.

The commission of the Krasnoyarsk OFAS Russia noted that in this case, the NMCC really had to be justified using the tariff method, since prices for purchased services are regulated by the indication of the Central Bank of the Russian Federation N 3384-U. At the same time, the application of the improper justification method of the NMCC did not really affect the results of the tender, since all its participants submitted bids with price offers equal to the NMCC.

Drawing a conclusion from the above, we recommend that customers, when preparing the purchase of OSAGO services, independently calculate the NMTsK using the tariff method. At the same time, the price formula and the maximum value of the contract price must be indicated in the procurement documentation without fail. Such an obligation exists with the customer by virtue of Part 2 of Art. 34 of Law N 44-FZ and adopted in its development Decree of the Government of the Russian Federation of 13.01.2014 N 19 "On establishing cases in which, when concluding a contract, the price formula and the maximum value of the contract price are indicated in the procurement documentation."

Let's make an example of a formula for calculating the insurance premium for a motor vehicle of category "B", using the indication of the Central Bank of the Russian Federation N 3384-U:

T \u003d TB x CT x KBM x KO x KM x KS x KN x KPR,

T - the amount of the insurance premium payable under the compulsory insurance contract;

TB - the limit value of the base rate of the insurance tariff;

CT - coefficient of insurance tariffs depending on the territory of the predominant use of the vehicle;

CBM - coefficient of insurance rates depending on the presence or absence of insurance indemnities in the event of insured events that occurred during the period of validity of previous compulsory insurance contracts (coefficient "bonus-malus");

KO - coefficient of insurance rates depending on the availability of information on the number of persons admitted to driving a vehicle;

KM - coefficient of insurance rates depending on the technical characteristics of the vehicle, in particular the engine power of a car (vehicles of category "B");

KS - coefficient of insurance rates depending on the period of use of the vehicle;

КН - coefficient applied in the presence of violations provided for in paragraph 3 of Art. 9 of the Law on OSAGO;

Kpr - the coefficient of insurance rates, depending on the presence in the contract of compulsory insurance of a condition that provides for the possibility of driving a vehicle with a trailer to it.

An example of calculating the insurance premium for one vehicle using the above formula is contained in table 1.

Table 1

Insurance premium calculation

Name of indicator		Indicator value
Make, model of vehicle
Identification number (VIN)		XTT316300D0007677
Year of issue
Passenger car engine power, hp, maximum permitted mass of trucks
Base rate minimum
Base rate maximum
Odds	territories of primary use of the vehicle (CT)
	KBM, determined on the basis of the AIS of the Russian Union of Motor Insurers (RSA)
	depending on the availability of information on the number of persons admitted to management (KO)
	passenger car engine power (KM)
	depending on the period of use of the vehicle (CS)
	applied in case of gross violations of insurance conditions (KN)
Minimum insurance premium, rub.
Maximum insurance premium, rub.

Based on the presented calculation, the initial (maximum) price of the contract for this vehicle will be equal to the amount of the insurance premium calculated using the maximum base rate (3087 rubles), and will amount to 9607.36 rubles. Please note that it applies maximum base rate!

Nevertheless, it is widespread among customers to use the minimum basic rates of insurance tariffs for the purposes of calculating the NMCC when purchasing OSAGO services. I must say that only in some cases the control authorities "notice" this violation: for example, the commission of the North Ossetian OFAS Russia in its decision of June 23, 2015 in case No. A24-6-06 / 15 noted that the calculation of the insurance premium was made by the customer using the minimum rate of the basic insurance rate and for this reason does not contain the maximum value of the contract price. The antimonopoly authority recognized the specified actions of the customer as violating the requirements of Part 2 of Art. 34, paragraph 2 of Art. 42, paragraph 1, part 3, art. 49 and part 1 of Art. 59 of Law N 44-FZ, as well as Decree of the Government of the Russian Federation of January 13, 2015 N 19. The "selective" susceptibility of control bodies to such a violation is quite understandable: after all, by "mistaking" in a smaller direction, customers save budget funds.

Description of the procurement object

The procurement documentation must contain indicators that allow determining the compliance of the purchased services with the requirements established by the customer (part 2 of article 33 of Law N 44-FZ). In the case of the purchase of OSAGO services, this means the customer's obligation to include in the description of the purchase object all the information that potential participants in the purchase will need to calculate the insurance premium in accordance with the instructions of the Central Bank of the Russian Federation N 3384-U. Based on the calculation of the NMCC performed by the customer himself (Table 1), we can easily determine the composition of such information (Table 2).

table 2

Description of the procurement object

Name of indicator	Indicator value
Make, model of vehicle
Identification number (VIN)	XTT316300D0007677
Year of issue
State registration plate
Passenger car engine power, hp, permitted maximum weight of trucks
KBM, determined by the AIS RSA database
Vehicle use period, months
Start date of the insurance period

If the description of the object of procurement does not contain any of the specified information, it is quite likely that insurers will complain about the inability to calculate the contract price offer. For example, if there are no identification numbers (VIN) of vehicles in the description of the procurement object, insurers will not be able to obtain from the automated information system of compulsory insurance (AIS PCA) information about the bonus-malus coefficient (BMF) for these vehicles. Such conclusions are contained in the decision of the Ryazan OFAS Russia dated January 21, 2016 in case No. 18-03-2/2016, the decision of the Karelian OFAS Russia dated March 16, 2015 in case No. 04-18/20-2015, etc.

In the decision of the Irkutsk OFAS Russia dated August 11, 2015 in case No. 379, rather far-reaching conclusions were drawn from such indication of information about the procurement object. As pointed out by the antimonopoly authority, in this case, only the person who provided the CMTPL services to the customer in the previous insurance period has reliable information about the indicators necessary for calculating the insurance premium. This can be regarded both as an advantage provided to such a person, and as an advantage provided to other procurement participants. In the absence of information about the CBM, insurers can apply incorrect values ​​​​of this coefficient (assuming a priori accident-free driving) and make a better offer on the price of an OSAGO contract than a person who has information about the presence of insured events in the previous insurance period. According to the antimonopoly authority, the lack of information required for the purchase of OSAGO services leads to a violation of the requirements of Part 1 of Art. 17 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition", since such actions of the customer may result in the refusal of a number of insurance organizations to participate in this purchase due to insufficient information for calculating the price offer.

In fairness, we note that not all territorial bodies of the FAS Russia share the conviction that it is necessary to indicate the identification number (VIN) of the vehicle in the purchase description. For example, the commission of the Novosibirsk OFAS Russia in its decision dated February 17, 2016 N 08-01-37 in a similar case came to the conclusion that the legislation on the contract system in the field of procurement does not oblige the customer to indicate information about the identification numbers (VIN) of vehicles.

It is important that all the problems associated with the purchase of OSAGO services in accordance with the requirements of Law N 44-FZ do not lose their relevance even if OSAGO services are purchased in accordance with Law N 223-FZ. For example, by virtue of paragraph 1 of part 10 of Art. 4 of Law N 223-FZ, the procurement documentation must also contain requirements related to determining the compliance of the service provided with the needs of the customer. And the bodies of the Federal Antimonopoly Service of Russia in the same way recognize as justified the complaints of procurement participants about the lack of information necessary for calculating the insurance premium in the procurement documentation.

An example is the decision of the Orenburg OFAS of Russia dated March 11, 2016 in case N 07-16-23/2016, which considered the complaint of AlfaStrakhovanie OJSC against the customer's actions when conducting a request for quotations in accordance with the requirements of Law N 223-FZ. The insurer complained about the fact that the customer indicated only the brand of the vehicle, the year of its manufacture, the state number and the expiration date of the OSAGO policy. The antimonopoly body recognized the insurer's complaint as justified, since the customer did not indicate the characteristics necessary for calculating the insurance premium, which may lead to incorrect calculation of the insurance premium by potential procurement participants and thus to a violation of their legitimate rights and interests.

Separately, it is worth mentioning the features associated with determining the value of the bonus-malus coefficient (MBM). According to Appendix N 2 to the instruction of the Central Bank of the Russian Federation N 3384-U, if during the period of validity of previous OSAGO agreements there were no insurance indemnities upon the occurrence of insured events, then the value of the KBM for each subsequent insurance period (one year) is reduced. Therefore, when justifying the initial (maximum) price of the contract, which will be concluded based on the results of the purchase for the next insurance period, it is necessary to take into account the downgrading of the KBM class.

Thus, in the decision of the Novosibirsk OFAS Russia dated September 25, 2015 in case No. 0801-377, the situation was considered when the customer, when justifying the initial (maximum) price of the contract to be concluded for the next insurance period, indicated KBM for the current insurance period. The antimonopoly body considered that in this regard, the procurement participants submitted incorrect price proposals. The customer was found to have violated the requirements of Art. 22 of Law N 44-FZ when substantiating the NMCC.

Choosing a method for determining the contract executor

At first glance, what are the problems here? After all, the customer chooses a method for determining the contract executor, guided by the provisions of Ch. 3 of Law N 44-FZ (part 5 of article 24 of the said Law) - and only by them. And if we proceed only from the provisions of the legislation on the contract system as such, there is no such way of determining the contractor for the provision of OSAGO services that the customer could not use. However, upon closer examination, it turns out that not everything is so simple ...

For example, a request for quotation can be carried out if the planned price of the contract does not exceed 500 thousand rubles, and the annual volume of purchases made through the request for quotations does not exceed 10% of the total annual purchases of the customer and does not exceed 100 million rubles. (part 2 of article 72 of Law N 44-FZ). It would seem that Law N 44-FZ does not provide for any additional conditions for making a purchase through a request for quotations!

However, it must be taken into account that the procurement participant who offered the lowest contract price is recognized as the winner of the request for quotations (part 1 of article 72 of Law N 44-FZ). If the lowest price of the contract was offered by several participants in the request for quotations at once, the participant who submitted the quotation bid before the others is recognized as the winner of the request for quotations (part 6 of article 78 of Law N 44-FZ).

The problem arising in this regard received a legal assessment in the Decree of the FAS of the Volga-Vyatka District of July 29, 2015 in case N A38-4680 / 2014. The court pointed out that the price for OSAGO services (the amount of insurance premium) for specific vehicles is fixed and cannot be changed during the purchase. Consequently, in the case of a request for quotations for OSAGO services, procurement participants are deprived of the opportunity to offer the "lowest contract price" and can compete with each other only by the time of filing an application, which does not comply with the principles for determining the contract executor by requesting quotations.

Based on the foregoing, the court concluded that the purchase of OSAGO services through a request for quotations does not meet the objectives of the purchases established in Law N 44-FZ, and the customer violated the requirements of Part 5 of Art. 24, part 2 of Art. 48, part 1, art. 73 of Law N 44-FZ when choosing a procurement method. The court emphasized that this conclusion is consistent with the explanations of the FAS Russia, as well as the position of the Supreme Arbitration Court of the Russian Federation, set out in the Ruling of November 21, 2012 N VAS-14998/12.

Similar conclusions are contained in the Resolution of the Federal Antimonopoly Service of the North-Western District dated September 4, 2015 in case N A05-14192 / 2014, as well as in the decisions of the Moscow OFAS Russia dated November 16, 2015 in case N 2-57-10216 / 77-15, of the Bryansk OFAS Russia dated December 12, 2014 in case No. 467, etc. According to the said antimonopoly authorities, the purchase of OSAGO services can and should be carried out exclusively in the form of an open tender.

But what about electronic auctions? An auction is understood as a method for determining the contract executor, in which the procurement participant who offered the lowest contract price is recognized as the winner (part 4 of article 24 of Law N 44-FZ). Based on the provisions of the legislation on the contract system, the customer entitled use the auction for the purpose of purchasing absolutely any goods, works and services (part 3 of article 59 of Law N 44-FZ). At the same time, the subject of the procurement may be included by the Government of the Russian Federation in the list of goods, works and services, in the course of the procurement of which the customer must conduct an electronic auction (part 2 of article 59 of Law N 44-FZ, order of the Government of the Russian Federation of October 31, 2013 N 2019-r). However, taking into account exceptions to this obligation, this only means that there is no right to hold a tender: even if the subject of the purchase is included in the specified list, the request for quotations, the request for proposals and the purchase from a single supplier (contractor, performer) still remain in the arsenal of the customer. However, civil liability insurance services for motor vehicle owners (OKPD2 65.12.21.000, corresponds to OKPD 66.03.21.000) are not included in this list.

Thus, based on the provisions of the legislation on the contract system, customers have every right to purchase OSAGO services by holding an electronic auction. But in the same way as in the case of the request for quotations, the properties of this method of determining the contractor of the contract turn out to be very doubtful from the standpoint of compliance with the OSAGO Law. This was well shown in the decision of the Tyva OFAS Russia dated April 14, 2015 in case No. 05-05-06/21-15.

After analyzing articles 8, 9, 15 of the OSAGO Law, the antimonopoly authority indicated that the price of a contract for the provision of OSAGO services (insurance premium for a specific vehicle fleet) cannot be lower than the applicable base tariff rates and coefficients approved by the Bank of Russia. Therefore, a procurement participant who conscientiously fulfills the requirements of the OSAGO Law is not entitled to offer a price lower than that calculated taking into account the instructions of the Central Bank of the Russian Federation N 3384-U. But the essence of an electronic auction is precisely that its participants strive to offer the lowest price!

In connection with the above, the commission of the Tyvinsky OFAS Russia recognized the purchase of OSAGO services through an electronic auction as unlawful. If there are mandatory insurance rates for all participants in the purchase and a list of specific vehicles offered by the customer for insurance, the price of the contract is predetermined. The antimonopoly body considered that in such conditions the method chosen by the customer for determining the contract executor - an electronic auction - does not take into account the specifics of OSAGO services and does not comply with the provisions of Part 2 of Art. 59 of Law N 44-FZ.

Similar conclusions are contained in the decisions of the Ulyanovsk OFAS Russia dated April 11, 2014 in case N 10808 / 03-2014, the Bryansk OFAS Russia dated March 24, 2014 N 65, and others. open competition.

However, far from all territorial bodies of the FAS Russia adhere to such a position (in our opinion, the only reasonable one). So, in the decision of the Sverdlovsk OFAS of Russia dated 20.08.2015 in case No. 1120-З, it is indicated that the customers, by virtue of Part 3 of Art. 59 of Law N 44-FZ have the right to carry out purchases through an electronic auction, incl. and such goods, works and services that are not included in the list approved by the order of the Government of the Russian Federation of October 31, 2013 N 2019-r. The Novosibirsk OFAS Russia adheres to similar conclusions (see, for example, the decision of September 25, 2015 in case No. 08-01-377 and others) and a number of other territorial departments.

How to deal with an insurer's price offer that does not comply with the OSAGO Law?

As shown above, in relation to a particular fleet of vehicles subject to insurance, a contract price (insurance premium) other than that calculated in accordance with the instruction of the Central Bank of the Russian Federation N 3384-U cannot be offered. The question arises - should the procurement commission reject the applications of those insurers who offered a different price for OSAGO services?

In fact, this issue is perhaps the most acute of all that are associated with the purchase of OSAGO services. The fact is that a procurement participant who has made a price offer in violation of the requirements of OSAGO legislation (as a rule, in the direction of underestimating the amount of insurance premium) receives a competitive advantage over procurement participants who fulfill these requirements in good faith, and, according to the rules for determining the contract executor, must be recognized as the winner of the relevant competitive procedure. At the same time, the legislation on the contract system in many cases does not provide for mechanisms for rejecting applications from such procurement participants. Finding itself in such a situation - by the way, quite common - the procurement commission is forced to choose between two evils: whether it violates the requirements of the legislation on the contract system or the requirements of the legislation on OSAGO. And no matter what decision it makes, there is always a risk that the control body will not agree with it.

For example, certain territorial bodies of the FAS Russia believe that when purchasing CMTPL services through a request for quotations, quotation bids containing an improper price offer should be rejected.

Thus, the commission of the Vologda OFAS Russia in its decision dated April 28, 2014 N 5-2 / 60-14 considered the following situation. NMTsK when conducting a request for quotations was calculated on the basis of the minimum size of base rates and amounted to 213,119.52 rubles. For participation in this request for quotations, 6 bids were submitted, and in 5 of them, the procurement participants proposed a contract price equal to the NMTsK (i.e. 213,119.52 rubles), and in one - 213,119.35 rubles. The procurement participant who offered the last of the named prices was declared the winner of the request for quotations on the basis of Part 6 of Art. 78 of Law N 44-FZ.

The procurement participant, who had previously submitted a price offer equal to 213,119.52 rubles, filed a complaint with the antimonopoly authority against the actions of the customer's quotation commission. Having studied the materials of the case, the commission of the Vologda OFAS Russia found that in the quotation bid of the winner of the request for quotations, when calculating the contract price offer, rounding was done without observing the mathematical rule of rounding numbers to hundredths. In this regard, the antimonopoly authority recognized this procurement participant as violating Part 2 of Art. 8 of Law N 44-FZ, which prescribes to observe the principle of fair price and non-price competition between procurement participants and prohibits all participants in the contract system from taking any actions that violate the requirements of the legislation on the contract system.

As for the customer, the commission he created was found to have violated Part 7 of Art. 78 of Law N 44-FZ. As follows from the mentioned norm, the quotation commission does not consider and reject applications for participation in the request for quotations if they do not meet the requirements established in the notice of the request for quotations. And the customer in this case set in the terms of reference included in the notice, the requirement that the total price of the quotation offer should be calculated by the insurer in accordance with the current legislation on OSAGO (using established insurance rates, etc.).

Considering a similar situation, the commission of the Mordovian OFAS Russia in its decision dated 01/13/2015 in case No. 428 came to the opposite conclusions. The antimonopoly authority indicated that, by virtue of Part 7 of Art. 78 of Law N 44-FZ, the quotation commission does not consider and rejects applications for participation in the request for quotations only in three cases:

1) if they do not meet the requirements established in the notice of the request for quotations;

2) the price of the contract offered in such bids exceeds the NCMC specified in the notice of the request for quotations;

3) the participant in the request for quotations did not submit the documents and information provided for in Part 3 of Art. 73 of Law N 44-FZ.

Rejection of applications for participation in the request for quotations on other grounds is not allowed. Since the price offer of the procurement participant did not exceed the NMTsK, the customer's quotation commission had no grounds for rejecting the disputed quotation bid.

This approach is quite widespread. Thus, in its decision No. 6688/03 dated December 4, 2015, the commission of the Novgorod OFAS Russia, in addition to the arguments already considered, indicated that Law No. of the customer and the quotation commission to check the correctness of the calculation of the price proposed by the contract participant. See also the decision of the Krasnodar OFAS of Russia dated December 30, 2015 in case No. ЗК-73/2015 and others.

Let us note the difference between the above two approaches of the territorial bodies of the FAS Russia: in the first case, the antimonopoly authority considers it possible and necessary to reject a quotation bid with an improper price on the basis of Part 7 of Art. 78 of Law N 44-FZ, since the customer has established the corresponding requirement for the calculation of the price as part of the notice of the request for quotations. The existence of such logic is also confirmed by the decision of the Pskov OFAS Russia dated December 18, 2014 in case No. 44-143/14: the antimonopoly authority considered that the quotation commission of the customer in this case had no grounds for rejecting the quotation bid, since the quotation bid form provided for in this procurement obligated the procurement participant to indicate only the proposal for the contract price, but not its calculation.

But in the decision of the Omsk OFAS Russia dated July 28, 2014 N 03-10.1 / 394-2014, it is indicated that the non-compliance of the contract price proposed by the procurement participant with the requirements of the OSAGO legislation is an unconditional basis for recognizing the quotation application as not complying with the requirements of the notice on the request for quotations. Based on the foregoing, the quotation commission, by definition, is obliged to reject quotation bids if the contract price offered in them differs from that indicated in the notice of the request for quotations. The same position was expressed in the decision of the Buryat OFAS Russia dated December 14, 2015 N 04-50 / 411-2015.

So far, we have been talking about requests for quotations. In the case of electronic auctions, the situation is somewhat different: for contrast, we present the decision of the same Omsk OFAS Russia dated December 26, 2014 in case No. 03-10.1 / 668-2014.

In this case, the procurement participant offered the lowest price during the electronic auction and became its winner. The second part of the application of this procurement participant was considered by the auction commission in the manner prescribed by Art. 69 of Law N 44-FZ, and was found to meet the requirements of the auction documentation. The commission of the antimonopoly authority agreed with the customer that Law No. 44-FZ does not provide for the obligation of an electronic auction participant to submit a calculation of the price offer submitted by him as part of the application and does not provide for the right of the customer or its auction commission to require the procurement participant to provide such calculation. Thus, cases of recognition of the second part of the application does not meet the requirements of the auction documentation, established by Part 6 of Art. 69 of Law N 44-FZ, did not allow the auction commission of the customer to recognize the application of an unscrupulous winner of an electronic auction as not meeting the requirements.

Similar conclusions are also contained in the decision of the Trans-Baikal OFAS Russia dated December 8, 2014 in case No. 379 and others. whose rights and legitimate interests have been violated, contact the Russian Union of Motor Insurers to consider the issue of the legality of the actions of the procurement participants who have reduced the price of the contract for the provision of OSAGO services.

However, there is another approach to the problem under consideration, an example of which is the decision of the Novosibirsk OFAS Russia dated December 17, 2015 N 08-01-507. The complainant indicated that the insurance premium for all objects of compulsory insurance should be at least 61,738.90 rubles, while the winner of the electronic auction offered a price of 61,738.88 rubles. (i.e., 2 kopecks lower than obtained when calculating the insurance premium in accordance with the indication of the Central Bank of the Russian Federation N 3384-U).

The customer reported that the winner of the electronic auction correctly calculated the insurance premium for each individual vehicle, however, the final price was calculated in the Microsoft Excel program with automatic rounding, therefore, it amounted to 61,738.88 rubles. In connection with the foregoing, the customer asked to recognize the complaint as unfounded.

Having studied the materials of the case, the commission of the antimonopoly body found that with manual summation of the insurance premium for each vehicle, the total amount of the contract price will be 61,738.90 rubles. Consequently, the winner of the electronic auction provided false information to the customer by indicating the wrong price of the contract.

The commission of the Novosibirsk OFAS Russia indicated that if the information contained in the documents submitted by the participant of the electronic auction is found to be unreliable, the auction commission is obliged to remove such a participant from participation in the electronic auction at any stage of its conduct (part 6.1 of article 66 of Law N 44-FZ) . By analogy with this rule, if the information contained in the price offer submitted by the participant of the electronic auction during the auction is found to be unreliable, the auction commission is obliged to remove such participant from participation in the electronic auction at any stage of its conduct, since the contract cannot be concluded at such a price. offer.

Another instructive case, which was considered in the decision of the Tambov OFAS Russia dated 02.03.2015 in case No. РЗ-17/15, is connected with the questions of the legality/illegality of mathematical rounding when calculating the contract price. The customer held an open tender, having calculated the NMTsK based on the maximum basic rates of insurance tariffs, provided for by the Central Bank of the Russian Federation N 3384-U, in the amount of 231,843.58 rubles. Two applications were submitted for participation in the open tender: 219,751.96 and 219,751.97 rubles. (with a difference of 1 kopeck). The procurement participant who offered the price of the contract for 1 kop. higher than that of his competitor, filed a complaint with the antimonopoly authority about the unlawful admission of the latter to participate in the competition. According to the complainant, the tender commission of the customer should have rejected the application of the winner of the open tender in connection with the improper calculation of the insurance premium contained in it.

Having studied the materials of the case, the commission of the Tambov OFAS Russia indicated that the customer was not empowered to recalculate the contract price proposed by the participants in the open tender. Control over the correctness of the calculation by insurers of insurance premiums under OSAGO agreements is carried out by the Bank of Russia (part 6, article 9 of the OSAGO Law).

An application for participation in the tender is recognized as proper if it complies with the requirements of Law N 44-FZ, the notice of procurement and tender documentation, and the tender participant who submitted the application meets the requirements for it (part 2 of article 53 of Law N 44-FZ). In this regard, the tender commission of the customer had no legal grounds for rejecting the application of the procurement participant who offered the contract price by 1 kopeck less than other procurement participants.

In addition, the antimonopoly body took into account the customer's explanation that the disputed price offer could not be recognized as unreliable even if the tender commission had the appropriate authority. The fact is that there are 3 options for calculating the specified price:

219751.96 - automatic calculation for 45 cars, the minimum basic rate, provided coefficients with numerical rounding in the program "Microsoft Excel" (automatic calculation 2 decimal places);

219751.9632 - automatic calculation for 45 cars, minimum base rate, provided coefficients (without rounding) in the program "Microsoft Excel" (automatic calculation 4 decimal places);

219751.97 - manual calculation for 45 cars, the minimum base rate, provided coefficients (rounded to tenths) in the program "Microsoft Excel" (manual calculation).

At the same time, the tender documentation did not establish the rounding procedure and the number of significant digits after the decimal point involved in the calculation.

However, one should take into account another position on the issue of the legitimacy of rejecting competitive bids if they contain improper calculation of the insurance premium. So, in the decisions of the Tatarstan OFAS Russia dated 03.06.2015 in case N 135-kz / 2015, dated 02.07.2015 N IP-04/8876, the rejection of the tender application was recognized as lawful, since when calculating insurance premiums, procurement participants applied the base rates of insurance tariffs that exceed beyond the limits of the minimum values ​​stipulated by the indication of the Central Bank of the Russian Federation N 3384-U.

The fact that "freedom of action" in relation to the cost of OSAGO services is severely limited by the limits set by the Bank of Russia may have another non-trivial consequence, which is well illustrated by the decision of the Krasnoyarsk OFAS Russia dated May 19, 2015 in case No. 500. In this case, the participants procurement appealed against the violation by the customer of the procedure for canceling an open tender.

Having studied the materials of the case, the antimonopoly body found that during the period for filing competitive bids, changes were made to the instruction of the Central Bank of the Russian Federation N 3384-U, as a result of which the maximum base rates of tariffs and coefficients of insurance tariffs began to differ from those that were taken as a basis for formation of the NMCC. At the same time, the price offers of the bidders received from the bidders were formed both taking into account the changes that have occurred (ie not in strict accordance with the bidding documentation) and without taking them into account. Due to the impossibility of considering and evaluating competitive bids, the customer decided to cancel the purchase.

The commission of the Krasnoyarsk OFAS Russia took the side of the customer, pointing out that in the current situation it is not possible to fairly evaluate bids: bids submitted in accordance with the new tariffs cannot be recognized as meeting the requirements of the bidding documentation, and bids drawn up on the basis of the provisions of the bidding documentation , cannot be recognized as appropriate, since they contradict the provisions of the legislation on OSAGO.

The antimonopoly authority pointed out that relations in the field of the contract system must comply with the fundamental general principles of law, including the principles of good faith, reasonableness and fairness, applied to the subjects of relations, which determine the nature of the behavior of the subjects during the period of the emergence and existence of these relations. "Conscientiousness" means the actual honesty of the subjects in their behavior, "reasonableness" - the awareness of the legitimacy of their behavior, "justice" - the conformity of the behavior of the subjects with moral, ethical and ethical standards.

The commission of the Krasnoyarsk OFAS Russia considered the customer's actions to cancel the purchase due to the above factual circumstances to be conscientious and reasonable, since they were aimed at eliminating the unfair procedure for considering and evaluating bids, unequal attitude to the conscientious behavior of procurement participants, as well as restoring the legal order in legal relations arising from the purchase.

Open tender for OSAGO services

Much has been said above about the problems associated with the procurement of OSAGO services through requests for quotations and electronic auctions. The conclusion suggests itself that of all competitive methods for determining the contract executor, the most optimal for the purposes of purchasing OSAGO services is an open tender. Of course, it’s hard to disagree with this - after all, the procurement participant who offered the best conditions for the execution of the contract (part 3 of article 24 of Law N 44-FZ) is recognized as the winner of the tender, which means that the customer has the opportunity to compare bids not only by the price of the contract , which, if calculated correctly, will be the same for all participants in the procurement.

At the same time, the choice of tender as a way to determine the executor of the contract is not yet a panacea for all ills. The specificity of OSAGO services in this case makes itself felt.

As provided for in Part 8 of Art. 53 of Law N 44-FZ, the best conditions for the execution of the contract are determined on the basis of the criteria specified in the tender documentation. In accordance with Part 2 of Art. 32 of Law N 44-FZ, the customer may establish the following criteria in the procurement documentation for evaluating the bids of procurement participants:

Contract price;

Expenses for the operation and repair of goods, the use of the results of work;

Qualitative, functional and environmental characteristics of the procurement object;

The qualifications of the procurement participants, including the availability of financial resources, on the right of ownership or other legal basis of equipment and other material resources, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level.

The first two criteria are cost criteria, the last two are non-cost criteria. The customer is obliged to indicate in the procurement documentation the criteria used and their significance values. At the same time, the number of criteria used must be at least two, and one of them must be the price of the contract (part 4 of article 32 of Law N 44-FZ). The limit values ​​for the significance of cost and non-value criteria for evaluating competitive bids are set in the annex to the Rules for evaluating applications, final offers of participants in the procurement of goods, works, services to meet state and municipal needs (approved by Decree of the Government of the Russian Federation of November 28, 2013 N 1085). In particular, when providing services, the minimum significance of cost criteria for evaluation is 60%, and the maximum significance of non-value criteria is 40%.

It is the development of a system of indicators for evaluating the proposals of participants according to non-monetary criteria that represents the greatest difficulty in the preparation of tender documentation for the provision of OSAGO services. For example, according to the criterion "quality, functional characteristics of the services provided" the rating of the procurement participant can be determined taking into account the quality of service offered by him in the event of an insured event. Here is how, for example, this was done in purchase N 0828100000416000011 (table 3).

Table 3

Indicators of the criterion "quality of services and qualifications of the participant of the tender"	Member value	Maximum points
Availability of a 24-hour dispatch service to support insured events
Departure to the scene of an accident from the moment of receiving a message about such a need from the customer of the emergency commissioner within:
The ability to call a tow truck around the clock for free transportation of the customer's car from the accident site to the place of repair or storage
Ensuring the inspection of the customer's vehicle that received technical damage in an accident, and (or) conducting an independent examination
Efficiency of compensation for losses under OSAGO (after submitting an application from the state customer) no more than 10 days
The possibility of legal support in the collection of documents to receive payment for an insured event

According to one of the participants in the procurement, the establishment of the indicator "The insurance company has representative offices for the settlement of losses in the cities of the Vladimir region (Vladimir, Aleksandrov, Vyazniki, Gus-Khrustalny, Kovrov, Kolchugino, Melenki, Murom, Petushki, Sudogda, Suzdal, Yuryev-Polsky) with addresses and telephone numbers" leads to a potential limitation of the number of insurance companies that could take part in this procurement, and creates the advantages of those of them that have an extensive branch network. As the participant pointed out in a complaint sent by him to the Vladimir OFAS Russia, only one insurance company in Russia has claims settlement offices in all cities of the Vladimir region, as well as in all cities of each of the constituent entities of the Russian Federation, which initially puts other insurance companies, who will take part in this open competition, in a losing position. According to the complainant, the actions of the customer violate the requirements of Part 1 of Art. 17 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition".

In his objections to the complaint, the customer (the Center for Economic and Service Support of the Department of the Ministry of Internal Affairs of Russia for the Vladimir Region) explained that the object of the purchase was motor vehicle insurance, a significant part of which was transferred for free use to the territorial bodies of the Ministry of Internal Affairs of Russia at the district level for permanent operation outside the city of Vladimir . It is in this regard that the customer needs the representation of the insurance company at the location of the vehicle (including for obtaining on-site legal support when collecting documents for receiving payment for an insured event (sub-criterion 6 of the criterion "Qualitative, functional characteristics of the services provided"), as well as additional free legal assistance (sub-criterion 9 of the criterion "Qualitative, functional characteristics of the services provided")). The customer emphasized that the requirements for the number of representative offices of the insurance company are minimal and include only large cities of the Vladimir region, in whose territory (taking into account the surrounding areas) the customer's cars are operated. The list does not include cities of the Vladimir region located at a minimum distance from the cities specified by the customer (Raduzhny, Sobinka, Kameshkovo, Kirzhach). Thus, the presence of representative offices of the procurement participant in all cities of the Vladimir region is not required.

By the decision of the Vladimir OFAS of Russia dated February 19, 2016 N G 65-04/2016, the complaint was recognized as unfounded, since it was not proven that the establishment of the disputed indicator led to a reduction in the number of procurement participants. In addition, the antimonopoly authority took into account that four applications were submitted for participation in the procurement in question.

In the decision of the Krasnoyarsk OFAS Russia dated December 03, 2014 in case N 1178, the indicators of the non-monetary criterion established by the customer were legally assessed "qualification of the participant of the competition". In particular, the customer assessed from 0 to 100 points the presence or absence of experience in providing similar services to budgetary or state-owned institutions located in the Krasnoyarsk Territory for the last 3 years preceding the deadline for submitting applications for participation in the tender, including:

Lack of information about the experience of providing similar services to budgetary or state-owned institutions located on the territory of the Krasnoyarsk Territory for the last 3 years preceding the deadline for submitting applications for participation in the competition - 0 points;

Submitted documents confirming the experience of providing similar services to budgetary or state-owned institutions located on the territory of the Krasnoyarsk Territory for the last 3 years preceding the deadline for filing applications for participation in the competition, in the amount of less than 100 contracts / agreements, - 25 points;

Documents were submitted confirming the experience of providing similar services to budgetary or state-owned institutions located in the Krasnoyarsk Territory for the last 3 years preceding the deadline for filing applications for participation in the competition, in the amount of 100 to 450 contracts/agreements (inclusive), - 50 points;

Documents were submitted confirming the experience of providing similar services to budgetary or state-owned institutions located on the territory of the Krasnoyarsk Territory for the last 3 years preceding the deadline for submitting applications for participation in the competition, in the amount of more than 450 contracts / agreements - 100 points.

Having studied the case materials, the antimonopoly body found that, by virtue of Part 1 of Art. 21 of the OSAGO Law, in each subject of the Russian Federation there must be representatives of the insurer authorized to consider the claims of victims for insurance payments and direct compensation for losses, as well as to make insurance payments and direct compensation for losses. The service for concluding OSAGO contracts should be provided in any separate subdivision of the insurer (branch). In connection with the foregoing, the commission of the Krasnoyarsk OFAS Russia came to the conclusion that the legislation on OSAGO does not provide for any differences between the constituent entities of the Russian Federation: OSAGO services are provided the same throughout Russia. This means that there is no reason to believe that the experience of providing OSAGO services in other territories is somehow different from the experience in the territory of the Krasnoyarsk Territory.

In addition, the antimonopoly authority considered it incorrect to reduce the possible experience of providing OSAGO services only to the experience of providing such services specifically budgetary or government institutions located on the territory of the Krasnoyarsk Territory. Again, no features of the legal regime for the provision of OSAGO services specifically budgetary and treasury institutions are not established by the legislation on OSAGO. As a result, the commission of the Krasnoyarsk OFAS Russia recognized the customer's actions as violating the rights and legitimate interests of the procurement participants, as well as the requirements of Art. 50 of Law N 44-FZ.

When purchasing OSAGO services through a tender, another problem may arise. In this case, the features of filing applications for participation in the competition, namely the rules for determining the order of applications submitted, come to the fore. The numbers assigned to bids as they are submitted can play an important role in their evaluation: as mentioned above, the minimum significance of the "contract price" criterion in a tender for the provision of services is 60%, and the contract price proposed by bidders, when correctly calculated they will all have the same.

Recall, in accordance with Part 7 of Art. 53 of Law N 44-FZ, the tender commission assigns to each application for participation in the tender a serial number in descending order of the degree of profitability of the conditions for the execution of the contract contained in them. Thus, the application for participation in the competition, which contains the best conditions for the execution of the contract, is assigned the first number. And if several competitive bids contain the same conditions for the execution of the contract, a lower serial number is assigned to the bid that was received earlier than other bids containing the same conditions.

By virtue of Art. 43 of Law N 44-FZ, before the deadline for filing applications for participation in an open tender, the procurement participant has the right to make changes to his application. In this regard, the question arises: what will be the final serial number of the competitive bid if the procurement participant made changes to it? In other words, should the date of filing of an application be considered the date of filing of the original revision of such an application, or the date of filing of the latest amendments to it? This issue was investigated by the Murmansk OFAS Russia in the decision of 01/29/2016 in case No. 06-10/16-16.

As established by the antimonopoly authority, the procurement participant submitted its bid on 01.12.2015 at 09:00, and in accordance with the protocol for opening envelopes with bids, this bid was assigned serial number 1. However, before the deadline for submitting bids, namely 15.12 .2015, the procurement participant made changes to his application, supplementing it with the original extract from the Unified State Register of Legal Entities and a copy of the payment order confirming the transfer of funds as security for the application for participation in an open tender. In accordance with the protocol for opening envelopes with bids, the new version of the bid received serial number 8. When considering and evaluating bids, the customer's tender commission assigned the bid of the procurement participant the fourth serial number, considering the date of filing the bid the date of making the last changes to it (15.12.2015), and not the date of filing the original version of the application (12/01/2015). The procurement participant did not agree with this decision of the customer's tender commission, appealing it to the antimonopoly authority.

The Commission of the Murmansk OFAS recognized the complaint as unfounded, considering that it was possible to evaluate the application of the procurement participant and assign it a serial number only taking into account all the changes received. The antimonopoly authority referred, incl. and to the letters of the Ministry of Economic Development of Russia dated 06/11/2015 N D28i-1758, dated 10/27/2015 N D28i-3110, dated 10/16/2015 N D28i-3006, dated 10/15/2015 N D28i-3002, dated 10/14/2015 N D28i-3011 , dated 12.10.2015 N D28i-2988, dated 09.10.2015 N D28i-3003, D28i-2986, D28i-2990, D28i-2991, D28i-2989, in accordance with which the date of filing an application for participation in the tender should be considered the date of filing the last changes to the application.

Requirements for procurement participants

By virtue of paragraph 1 h. 1 Article. 31 of Law N 44-FZ, when making purchases, the customer must require procurement participants to comply with the requirements established by the legislation of the Russian Federation. What are the requirements for participants in the procurement of OSAGO services?

Insurers providing OSAGO services are among the insurance organizations (Article 1 of the OSAGO Law). In accordance with Part 2 of Art. 4.1 of the Law of the Russian Federation of November 27, 1992 N 4015-1 "On the organization of insurance business in the Russian Federation" insurance companies are recognized as subjects of the insurance business and their activities are subject to licensing. Federal Law No. 99-FZ of May 4, 2011 "On Licensing Certain Types of Activities" also includes insurance activities among the licensed types of activities (clause 11, part 1, article 12).

Thus, a mandatory requirement for participants in the purchase of OSAGO services is the requirement to have a valid license to carry out insurance activities. At the same time, a specific type of insurance must be indicated in the license - "insurance of motor vehicles subject to compulsory motor third party liability insurance (OSAGO)".

Another mandatory requirement for insurers is the requirement for their membership in a professional association of insurers (part 2, article 21 of the OSAGO Law). In practice, this norm is implemented in the form of a requirement for the membership of procurement participants in the Russian Union of Motor Insurers (RSA), confirmed by the appropriate certificate.

At the same time, the requirements for participants in an electronic auction on the basis of paragraph 1 of part 1 of Art. 31 of Law N 44-FZ, as well as an exhaustive list of documents that must be submitted by them to confirm their compliance with such requirements, must be established in the notice of an electronic auction and in the auction documentation (see clause 6, part 5, article 63 , paragraph 1 of article 64 of Law N 44-FZ). For example, the commission of the Sverdlovsk OFAS Russia in its decision dated August 20, 2015 in case No. 1120-З noted a violation of the specified norms of the legislation on the contract system in the actions of the customer, who established the specified requirements for insurers in the description of the procurement object, and not in the notice of an electronic auction and in the auction documentation.

Customers should keep in mind that the requirement to have a license to carry out insurance activities is presented directly to the procurement participant, and it is the procurement participant himself who must comply with such a requirement. The foregoing can be explained by the example of the decision of the Kemerovo OFAS Russia dated 03.03.2016 in case No. 136/З-2016.

In this case, as part of the second part of the application of an individual entrepreneur, a copy of the power of attorney issued by the Helios Reserve insurance company was submitted, according to which the individual entrepreneur was granted the right to conclude insurance contracts with individuals and legal entities on behalf of the insurance company. A copy of the agency agreement concluded between an individual entrepreneur and the Helios Reserve insurance company, and a copy of the current license issued to the Helios Reserve insurance company for the provision of OSAGO services were also presented. Naturally, the application did not include a copy of the document confirming that the direct participant of the auction had a license to provide OSAGO services, i.е. from an individual entrepreneur.

In connection with the above, the auction commission of the customer had to recognize the application of an individual entrepreneur as not meeting the requirements of the auction documentation. Since the auction commission did not do this, the commission of the Kemerovo OFAS Russia recognized its actions as unlawful and violating paragraph 2 of part 6 of Art. 69 of Law N 44-FZ.

In addition, procurement specialists, when checking the compliance of participants in the purchase of OSAGO services, need to make sure that their license to carry out insurance activities has not been suspended, revoked or limited in effect. In all these cases, the insurer does not have the right to conclude new insurance contracts and extend existing ones (see, for example, the decision of the North Ossetian OFAS Russia dated 06/22/2015 in case N A235-06 / 15).

Terms of the contract

Customers are well aware of the norm established in Part 13 of Art. 34 of Law N 44-FZ. It establishes the obligation of the customer to include mandatory conditions in the contract:

On the procedure and terms of payment for the services rendered;

On the procedure and timing for the acceptance of the rendered service in terms of its compliance with the terms of the contract;

On the procedure and timing of registration of the results of such acceptance.

In most cases, customers are free to set the content of such conditions at their discretion. That is, the Law requires that the contract contain "the procedure and term for payment for the services rendered," but what kind of procedure it will be and what specific period - the customer decides on his own. However, purchases of OSAGO services are an exception here too ...

As provided for in Art. 5 of the OSAGO Law, the procedure for exercising the rights and obligations of the parties under the OSAGO agreement is established by the Bank of Russia in the rules of compulsory insurance. These rules were adopted by the Bank of Russia in the form of Regulations on the rules for compulsory insurance of civil liability of vehicle owners dated September 19, 2014 N 431-P (hereinafter - Regulation N 431-P). The rules contain:

a) the procedure for concluding, amending, prolonging, early termination of the compulsory insurance contract;

b) the procedure for paying the insurance premium;

c) a list of actions of persons in the implementation of compulsory insurance, including in the event of an insured event;

d) the procedure for determining the amount of losses subject to compensation by the insurer and making insurance payments;

e) the procedure for resolving disputes on compulsory insurance.

Accordingly, the customer is not entitled to determine in the draft contract the conditions for the provision of OSAGO services that differ from the rules established by the Bank of Russia in Regulation N 431-P. In support of this thesis, one can cite the recent decision of the Ryazan OFAS Russia dated March 4, 2016 in case N 6503-3 / 2016, where PJSC Rosgosstrakh challenged the conditions for the provision of OSAGO services provided by the customer in the draft contract.

Thus, the customer established that "payment for insurance policies is made by the insured within 20 working days from the date of receipt of insurance policies, according to the invoices issued. The basis for issuing an invoice is the act of acceptance and transfer of insurance policies. Form of payment: non-cash, insurer's account Policies are issued within 3 working days from the date of conclusion of the contract.

The commission of the Ryazan OFAS Russia recognized these customer's requirements as unreasonable. According to par. 5 st. 1.4 of Regulations N 431-P, in the event of payment of an insurance premium in a non-cash manner, an insurance policy of compulsory insurance is issued to the insured no later than the business day following the day the insurance premium is transferred to the insurer's settlement account.

In addition, the antimonopoly body noted that the OSAGO agreement refers to public contracts. Therefore, it must be concluded taking into account Articles 426, 445 of the Civil Code of the Russian Federation. What does this mean? In our case, the insurer is a party for which the conclusion of the contract is mandatory, and the day the contract for the provision of OSAGO services is concluded can be considered as the day he receives the offer. By virtue of paragraph 1 of Art. 445 of the Civil Code of the Russian Federation, the insurer (i.e., the contract executor) is given 30 days to send to the insured (i.e., the customer) a notice of acceptance, or a refusal to accept, or an acceptance of an offer on other conditions (protocol of disagreements to the project contracts). In addition, if a protocol of disagreements to the draft contract is received from the insured (customer), the insurer is given another 30 days from the date of receipt of the protocol of disagreements in order to notify the other party of the acceptance of the contract in its version or the rejection of the protocol of disagreements (clause 2 of article 445 of the Civil Code RF). Thus, the term for the car owner to apply to the insurer for the OSAGO policy cannot be less than 60 days.

On the basis of the foregoing, the Ryazan OFAS Russia commission found unlawful the requirements established by the customer for the terms of payment for services and the term for issuing an insurance policy. In addition, when considering the complaint, it turned out that the customer provided for the following obligations of the insurer in the draft contract:

Round-the-clock call and departure of road commissioners to the accident site;

Availability of a round-the-clock dispatch service and provision of expert advice in the event of an insured event;

The presence of a contract (contracts) with an organization that conducts an independent examination of the accident;

Support in collecting documents for receiving insurance payments;

Extraordinary acceptance of all necessary documents in the event of an accident.

The Commission of the Ryazan OFAS Russia recalled that the obligations of the insurer, assigned to him when concluding an OSAGO agreement, are established in Art. 6 of the OSAGO Law and Ch. 48 of the Civil Code of the Russian Federation. So, by virtue of Art. 6 of the Law on OSAGO, the object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from damage to life, health or property of victims when using the vehicle on the territory of the Russian Federation. The services listed by the customer in the draft contract are not the responsibility of the insurer.

On this, our review of law enforcement practice on the issues of procurement of OSAGO services has come to an end. We wish you successful purchases!

12.05.2016

General information

Federal legislation establishes that in certain cases legal entities must purchase insurance services without fail. These cases also apply to state organizations and commercial organizations with state participation. For example, this applies to compulsory life and health insurance for employees of certain state organizations (from bailiffs to the President of the Russian Federation) 1 ; compulsory civil liability insurance of vehicle owners (OSAGO) 2 ; compulsory insurance of the property interests of the owner of a hazardous facility related to his obligation to compensate for the damage caused by the victims 3 etc. When purchasing the relevant insurance services, the above-mentioned customers must be guided by either the federal law on the contract system (44-FZ) or the federal law on the purchase of GWS by certain types of legal entities (223-FZ) - nothing exempts customers from applying the provisions of these laws when purchasing insurance services.

Established features of the purchase of insurance services

The text of 44-FZ itself only states that the customer must use closed methods for determining suppliers (competition or auction) when concluding contracts for insuring the values ​​of the State Fund for Precious Metals and Gems of the Russian Federation, museum items and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies) having historical, artistic or other cultural significance and transferred by customers to individuals or legal entities or accepted by customers from individuals or legal entities for temporary possession and use or for temporary use, including in connection with with holding exhibitions on the territory of the Russian Federation and (or) territories of foreign states 4 . This law, as well as 223-FZ, as well as their by-laws, do not provide for any other features or restrictions in the purchase of insurance services. Therefore, in the first case, customers almost always, and in the second, they can simply always make the necessary purchases from insurance companies on the general terms provided for by the relevant federal laws. Of course, in the case of 44-FZ, there are more such general conditions and restrictions in the law itself, and in the case of 223-FZ - much less.

The practice of purchasing compulsory insurance services

A selective review of procurement data available on the official website of the unified information system in the field of procurement (www.zakupki.gov.ru) allows you to see that customers use various methods to purchase compulsory insurance services. You can meet a request for quotations, and an electronic auction, and an open tender, and a request for proposals (within the framework of 223-FZ), and purchase from a single supplier. Let us briefly consider specific examples in the context of the applied methods and types of compulsory insurance.

Quote request

At the beginning of April 2016, the customer (Federal State Institution "Center for Economic and Service Support of the Department of the Ministry of Internal Affairs of the Russian Federation for the Kirov Region"), within the framework of 44-FZ, conducted a request for quotations for the purchase of services for compulsory civil liability insurance of vehicle owners 5 . NMTsK was determined by applying the method of comparable market prices and set at 242,598.07 rubles. Quoted bids were received from 5 insurance companies, each of which offered a price equal to the NMCC. The application of 1 participant was rejected, and out of the remaining 4 participants, the winner in accordance with the established rules 6 was the one whose application was received before the others.

Electronic auction

In the spring of 2015, the customer (Professional Lyceum No. 59, the state budgetary educational institution of primary vocational education in the Rostov Region) held an auction within the framework of Federal Law 44 for the purchase of services for compulsory insurance of civil liability of the owner of a hazardous facility (gas boiler) 7 . NMTsK was determined by applying the method of comparable market prices and set at 43,333.33 rubles. Two insurance companies took part in the auction, both of them “dropped” in price to approximately the same level (37,383.32 rubles and 37,599.98 rubles), the contract, respectively, was concluded with the procurement participant who offered the lowest price.

Open competition

In March 2016, the customer (Tsentrospas-Yugoriya, a state-owned institution of the Khanty-Mansiysk Autonomous Okrug - Yugra), with the participation of the authorized body (district state order department), within the framework of 44-FZ, held a tender for the purchase of services for compulsory state personal life and health insurance fire service workers 8 . The subject of the tender consisted of 9 lots (in relation to individual territorial divisions of the customer), for each of which, using the method of comparable market prices, the NMCC was established - from 155.04 to 478 thousand rubles. 3 insurance companies took part in the competition, each of which presented its proposal for each lot. At the same time, the price of their proposals varied in a fairly wide range - for example, one lot with the NMCC in the amount of 278 thousand rubles. this range was from 173.85 to 274.5 thousand rubles. Evaluation of competitive bids was carried out according to two criteria - the price of the contract (significance 60%) and the qualifications of the procurement participant (significance 40%). According to the second criterion, in turn, two indicators were used. The first was “positive experience in providing similar services for public needs”, it had to be confirmed by copies of government contracts for the previous 3 years, while the cost of each of these contracts should have been at least 70% of the NMCC lot for which the application was submitted, the significance of the indicator when the criterion was 30%. The second indicator is "the number of municipalities of the Khanty-Mansiysk Autonomous Okrug - Yugra, in which there are branches of procurement participants with at least 3 years of experience and having the authority to settle losses and make insurance payments." This indicator had a significance of 70% and had to be confirmed by the certificate of the participant and copies of his documents (charter, notice of tax registration of the branch, etc.). The winner of the competition was an insurance company that was almost twice ahead of its competitors in terms of the final rating score, as it significantly outperformed them both in terms of price and qualification criteria.

Request for proposals

In March 2016, the customer (Cherkess city municipal unitary enterprise "Trolleybus management"), within the framework of 223-FZ, conducted a request for proposals for the purchase of services for compulsory insurance of the carrier's civil liability for causing harm to life, health and property of passengers 9 . The maximum contract price was 405,887.20 rubles. Bids were received from 3 insurance companies with the same offer price equal to the initial price of the contract. The Procurement Commission conducted a scoring of proposals according to the following 5 criteria: 1) contract price; 2) reliability rating of the insurance company (according to the assessment of the Expert RA rating agency); 3) the volume of payments made under civil liability insurance for 9 months of 2015; 4) the size of the authorized capital of the company; 5) the possibility of providing the customer with a deferral of payment of the second half of the insurance premium until August 1, 2016. Since the price parameters of the procurement participants were equal, competition in the evaluation was actually implemented according to non-price criteria. As a result, the participants received from 46 to 80 points, and the company with the highest number of points became the winner.

Purchasing from a single supplier

Although the purchase of insurance services is not directly classified by 44-FZ as established cases of purchase from a single supplier, customers working under 44-FZ can use this method if the amount of the insurance premium does not exceed 100 thousand rubles, and in the case of certain types of suppliers - 400 thousand rubles10.

But as for the implementation of purchases under 223-FZ, here this method is actively used by customers even with very large volumes of purchases. For example, in March 2016, the municipal state-owned enterprise of Novosibirsk, Gorelektrotransport, bought from the only supplier of compulsory insurance of the carrier's civil liability for causing harm to life, health, property of passengers 11 . The price of the contract concluded in this way amounted to 4,273.4 thousand rubles. It should be noted that in the provision on the purchase of this supplier, the purchase of insurance services is referred specifically to cases of purchase from a single supplier.

Analyzing the above examples, it is easy to see that when the amount of insurance tariffs is regulated by the state (for example, as in the case of OSAGO 12 tariffs), the price criterion for evaluating the bids of procurement participants does not actually work - the participants provide the same price proposals. Therefore, the use here of such procurement methods as a request for quotations or an auction is by and large inappropriate, because competition turns into a “run for speed” - the winner is the one who submitted a quotation application or made a price offer faster. A more correct approach can be considered the use of those procurement methods that provide the possibility of evaluation according to non-price criteria - see above examples of holding a tender under 44-FZ and a request for proposals under 223-FZ. Users of 223-FZ may have sufficient freedom in choosing the methods of procurement (the range and conditions of the methods used are determined by them in their procurement regulations). As for the users of the “strict” law on the contract system, only an open tender can be such an accessible method for them, since insurance services do not fall into the “field of application” of other “not only price” methods that are provided for in 44-FZ (request proposals, two-stage competition, competition with limited participation). In addition, we note that insurance services are not included in the list of those services that customers under 44-FZ are required to purchase only through an electronic auction 13, so adherence to this method of procurement is not some kind of inevitability here.

We also note that customers working under 44-FZ use the comparable market price method to determine the NMTsK even when insurance rates are subject to state regulation, that is, when the tariff method should have been applied. It is clear why they do this - it is easier to request prices from insurance companies, providing them with information about the characteristics of their insurance items, than to calculate this price themselves on the basis of approved rates and coefficients. Although, by the letter of the law, if insurance tariffs are formed within the framework of state regulation, then it is the tariff method 14 that should be applied.

In addition, there may be situations when procurement participants, in their desire to become a winner, literally “at any cost”, can reduce their prices below the insurance rates established by the state. In particular, these situations are found in the field of OSAGO. Let us note that even if the FAS receives a complaint from the losing participant as a result of such a purchase, which indicates that the price of the winner does not meet the requirements of the legislation of the Russian Federation in relation to the purchased type of compulsory insurance, the FAS may recognize this complaint as unfounded 15 . This opinion of the Federal Antimonopoly Service is based on the fact that there are no violations of the procurement legislation itself, although a possible violation of insurance legislation may be recognized. But there are other examples in the practice of FAS decisions - the FAS can carefully understand the issue of forming the size of the insurance premium and recognize as legitimate the rejection by the customer of an application, the price of which (the size of the insurance premium) does not meet the requirements of the regulatory legal acts of the Russian Federation governing the relevant relations in the field of compulsory insurance 16 . This opinion of the FAS during the tender under 44-FZ, in turn, is based on the fact that in this case the procurement participant provides false information in his documents, and this is the basis for his removal from participation in the procurement 17 .

To prevent such a situation, it is possible to recommend customers to include in the procurement documentation a requirement that the participants in the procurement comply with the established insurance rates subject to state regulation. For example, if under 44-FZ the purchase of services under OSAGO is carried out, then the implementation of this recommendation may occur as part of the establishment of such a single requirement for procurement participants as “compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, providing services that are the object of procurement” 18 - according to federal law, insurers are not entitled to apply base rates, insurance tariff coefficients, insurance tariff structure that do not meet the requirements established by the Bank of Russia, and the insurance tariffs established by it are mandatory for insurers to apply in relation to each insured 12 . If the procurement participant does not comply with this requirement, his application must be rejected. You can also advise both customers and conscientious procurement participants who are faced with malicious unlawful understatement of the insurance premium by specific insurers (competitors) to send appropriate appeals about these facts to the insurance supervisory authority, which is the Central Bank of the Russian Federation 19 , as well as to professional associations of insurers.

In particular, in the field of OSAGO, such an association is the Russian Union of Insurers (RSA), membership in which is mandatory for insurers engaged in OSAGO 20 . They can be excluded from the RAMI if the RAMI member does not meet the requirements for the RAMI member by the rules of professional activity, and / or if the RAMI member by his actions (inaction) causes significant harm to the interests of the RAMI and / or the interests of other RAMI members related to the implementation obligatory insurance by them 21 . Unlawful underestimation of the amount of the insurance premium by the insurer when participating in purchases falls under these definitions.

1 See, for example, Federal Law No. 52-FZ of March 28, 1998 “On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, the State Fire Service, control over the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system"

2 Federal Law No. 40-FZ dated April 25, 2002 “On Compulsory Insurance of Civil Liability of Vehicle Owners”

3 Federal Law No. 225-FZ dated July 27, 2010 “On Compulsory Insurance of Civil Liability of the Owner of a Hazardous Facility for Causing Harm as a Result of an Accident at a Hazardous Facility”

4 P. 3 h. 1 art. 84 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

5 Notice No. 0840100001016000081

6 Ch. 6 Art. 78 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

7 Notice No. 0358200032415000015

8 Notice No. 0187200001716000074

9 Notice No. 31603428646. This type of insurance is mandatory regardless of the type of transport and type of transportation in accordance with the provisions of the Federal Law of June 14, 2012 No. 67-FZ “On Compulsory Insurance of the Carrier’s Civil Liability for Causing Harm to Life, Health, Property of Passengers and on the Procedure compensation for such damage caused during the transportation of passengers by the subway"

10 Ch. 1 Art. 93 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

11 Purchase No. 31603454677

12 Art. 8 and part 6 of Art. 9 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners"

13 Decree of the Government of the Russian Federation of March 21, 2016 No. 471-r “On the list of goods, works, services, in the event of the procurement of which the customer is obliged to conduct an auction in electronic form (electronic auction)”

14 Ch. 8 Art. 22 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", Letter of the Ministry of Economic Development of Russia of 09.04.2015 No. D28i-979

15 See, for example, the Decision of the Sverdlovsk OFAS Russia dated January 29, 2016 in case No. 131-Z

16 See, for example, Decision of the Irkutsk OFAS Russia dated January 13, 2016 No. 3

17 Ch. 3.1 Art. 53 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

18 P. 1 h. 1 art. 31 of the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

Related Articles

Consider in the article competitive methods of choosing an insurance company, calculation of the NMCC, features of concluding an OSAGO contract and the amount of its security.

As practice shows, the conclusion of contracts for compulsory motor third party liability insurance (OSAGO) is one of the most common purchases among customers of all levels of budget financing. When purchasing a policy, an institution must be guided not only by the provisions of the legislation in the field of procurement, but also by the norms of regulation of the insurance services market.

Competitive ways to choose an insurance company

The easiest way to purchase OSAGO policies is to conclude a contract with a single supplier in accordance with paragraph 4 or 5 of part 1 of article 93 of the Federal Law of April 5, 2013 No. 44-FZ (hereinafter - Law No. 44-FZ). But at the end of the year, the limits for such purchases are usually already exhausted.

In addition, the price of the contract may significantly exceed the permitted limits of 100 thousand and 400 thousand rubles. respectively. In this case, the institution will have to conduct an auction.

First of all, the customer must choose a method for determining the insurer.

"Procurement Management (120 hours)"
The program was developed in accordance with the guidelines Ministry of Economic Development of Russia and Ministry of Education and Science of Russia and fully complies with Profstandart.

In practice, competition is most often held. This is due to the fact that earlier OSAGO tariffs were set by the Government of the Russian Federation. Institutions practically did not resort to requests for quotations and auctions for such purchases, since participants did not have the right to reduce the NMTsK (determination of the Supreme Arbitration Court of the Russian Federation of November 21, 2012 No. VAS-14998/12). At the moment, the insurer has the right to determine the amount of insurance rates independently based on the minimum and maximum values ​​established by Bank of Russia Ordinance No. 3384-U dated September 19, 2014 (hereinafter referred to as Ordinance No. 3384-U). Such a tariff corridor allows procurement participants to use price competition methods.

Therefore, the purchase of OSAGO services using, for example, a request for quotations is fully consistent with the norms of Law No. 44-FZ.

When conducting a competition, an institution may apply the following criteria for evaluating applications:

the minimum period for the examination and assessment of damage;

the minimum period of insurance payment after the examination;

possibility of delivery of insurance policies to the address of the customer;

the possibility of applying for insurance by e-mail;

the reliability class of an insurance company according to the scale of any rating agency, etc.

How to buy car insurance? Can we purchase OSAGO services by requesting quotations or is an open tender required?

NMTsK calculation

When justifying the initial (maximum) contract price, the tariff method should be used. OSAGO tariffs are formed on the basis of a closed list of coefficients established by Ordinance No. 3384-U. The purchase price consists of the sums of insurance premiums for each vehicle of the institution. At the same time, each insurance premium must be calculated according to the formula provided for by Ordinance No. 3384-U (Appendix No. 4), taking into account the marginal (maximum) base rates of the OSAGO tariff.

Important to remember!

The NMCC for the purchase of OSAGO services must be calculated strictly using the formula from Ordinance No. 3384-U (decision of the Chelyabinsk OFAS Russia dated September 3, 2015 in case No. 559-zh / 2015).

Example

The customer purchases an OSAGO policy for a GAZ-31105 car manufactured in 2008.

Engine power - 131 liters. With. The territory of primary use of the vehicle is the city of Sevastopol.

The formula for calculating the insurance premium:

T = TB × CT × KBM × KO × KM × KS × KN × KPR,

where TB is the base rate of the insurance tariff (its maximum value);

CT is the coefficient of insurance rates depending on the territory of the predominant use of this vehicle;

CBM is the coefficient of insurance rates depending on the presence or absence of insurance indemnities in the event of insured events that occurred during the period of validity of previous compulsory insurance contracts (bonus-malus coefficient);

KO - the coefficient of insurance rates, depending on the availability of information on the number of persons admitted to driving a vehicle (for legal entities, this coefficient is always equal to 1.8);

КМ – coefficient of insurance rates depending on the technical characteristics of the vehicle, in particular the engine power of a passenger car (vehicles of category “B”, “BE”);

KS - coefficient of insurance rates depending on the period of use of the vehicle;

КН - coefficient of insurance rates depending on the presence of violations of insurance rules;

Kpr - the coefficient of insurance rates, depending on the presence of a trailer to the vehicle.

So, taking the maximum base rate of the insurance rate and the coefficients from Ordinance No. 3384-U, we get the amount of the insurance premium:

3087 rub. × 0.6 × 1 × 1.8 × 1.4 × 1 × 1 × 1 = 4667.55 rubles.

Sample registration of the calculation of the NMCC

Purchase Notice

Taking into account the specifics of the calculation of the NMCC for OSAGO services, indicate in the notice of the purchase the type and brand of each vehicle, registration plate number, year of manufacture, technical inspection period, insurance period. Potential insurers will also need the vehicle identification number in order to correctly calculate the MBM (bonus-malus) ratio using an automated information system.

On a note

In the procurement documentation, indicate information about the identification numbers of vehicles (decision of the Irkutsk OFAS Russia dated August 11, 2015 in case No. 379)

When preparing documentation and notices, also pay attention to clause 1 of part 1 of article 31 of Law No. 44-FZ. This rule requires customers to set conditions on the compliance of potential counterparties with uniform requirements.

Please note that, according to Article 1 of the Federal Law of April 25, 2002 No. 40-FZ (hereinafter - Law No. 40-FZ), an insurance company must have a license. Therefore, the requirement for its presence must be written in the procurement documentation.

Up-to-date information on the availability of a license can be checked on the official website of the Bank of Russia in the section "Financial Markets" - "Supervision of Financial Market Participants" - "Insurance Business Entities" - "Registers of Insurance Business Entities".

The electronic auction was recognized as a legal way of purchasing

Despite the “tariff corridor” introduced by Direction No. 3384U for OSAGO services, many still have a question about the legality of such a purchase through an electronic auction. Indeed, as a result of trading, participants can significantly reduce the NMTsK despite the current tariff rates. But the officials of the OFAS Russia in the Sverdlovsk region considered that by choosing this method of determining the supplier, the customer acted lawfully (decision dated August 20, 2015 in case No. 1120-З). The controllers stressed that institutions can hold such tenders for the purchase of any type of service, even those not included in the special "auction" list (part 3 of article 59 of Law No. 44-FZ).

Qualified customers carefully study the draft contract. Why? Firstly, the draft contract regulates all further work with the supplier. In all claims and litigation, you will rely on the terms of the contract. Secondly, when you conclude a contract with the winner of the purchase, in the project you only change the price, conditions and information about the product: you attribute them from the application. It is impossible to make any other changes - it is illegal, so it is important to work out the contract in advance. We wrote out all the conditions of an impeccable contract and showed them with illustrative examples. See what to write in the project so as not to receive an order from the controller and work comfortably with the supplier.

Excel for Purchasing
An add-on that will greatly simplify the work of a contract manager! Works without data transfer to the Internet.
Download for free on your computer!

Features of the conclusion of the contract

The amount of performance security is equal to the total cost of insurance policies.

Be careful when drafting a contract. After all, when forming it, in addition to the norms of Law No. 44-FZ, it is necessary to take into account the requirements of Law No. 40-FZ. It is important to establish a list of insured events, the size of the insurance premium and insurance payments. According to the rules of Article 10 of Law No. 40-FZ, the term of the compulsory insurance contract is one year.

In addition, it makes sense to indicate in the draft contract the period for issuing and delivering policies. For example, as follows: "A properly executed insurance policy must be delivered to the Customer's address no later than three days from the date of application for the policy." Do not forget to draw up a list of vehicles as an annex to the contract.

"How to apply GOSTs when describing the procurement object?"

Konstantin Edelev, Expert of the State Order System

Write in the terms of reference not only GOST, but also indicators from the standard. If you specify only the name of the product and a link to GOST, it will be difficult for the participant to understand which product is needed. For example, one of the customers included in the documentation a requirement that the materials must meet certain GOSTs. There were no specific indicators in the terms of reference. Controllers and courts considered this a violation. Materials according to state standards are diverse: they are divided into types, classes, brands, classifications, so the participants did not understand which product to deliver. See three more tips on the use of GOSTs, in the recommendation:
“How to describe the object of procurement in 2018”

Collateral amount

When concluding a contract for the provision of OSAGO services, the customer pays an insurance premium before receiving a policy for the corresponding vehicle. Thus, the insurer receives an advance payment.

Since the advance in this case may exceed 30 percent of the NMTsK, the contract performance security must be set in the amount of such an advance payment (part 6 of article 96 of Law No. 44-FZ).

Recall that in some situations it is the right, and not the obligation of the customer to require enforcement of the contract (parts 2, 2.1, article 96 of Law No. 44-FZ).

www.pro-goszakaz.ru

Electronic auction for the right to conclude a state contract for the provision of services for compulsory civil liability insurance of vehicle owners

Purchase No. 0373200003118000037 on the EIS

DUE DATE

WHAT BUY

Deal Explorer

Summing up protocol

The card will be added to Favorites

If the current purchase is published, it will replace the tracked future one, you will receive a notification

Have you applied for the auction?

Are you allowed to trade?

The organizer of the auction rejected your application and you do not agree with this decision?

Auction! The one who offers the most favorable terms and price wins.

Wait for the results of the auction, track the deadlines:

Are you a winner? Congratulations! Provide the Customer with the performance security and sign the contract

Strictly follow the deadlines. The ratio of working days and days off is not important:

The ratio of working days and days off is fundamental:

Benefits for Small Businesses and Socially Oriented Non-Commercial Organizations:

The security amount is up to 2% of the contract value.

Payment for the purchase - no more than 15 days from the date of signing the acceptance document.

It is possible to increase the contract price up to 15%, but not more than the initial price in the following cases:

• If the seller is an organization of people with disabilities
• If the seller is an enterprise of the penitentiary system
• When selling goods / works / services from the Russian Federation, Armenia, Belarus, Kazakhstan.

Only organizations - small businesses and socially oriented non-profit organizations can take part in this purchase

A ban has been established on the sale of goods originating from foreign countries, works, services, respectively, performed, provided by foreign persons

Procurement participants are required to involve subcontractors (co-executors) from among small and medium-sized businesses in the execution of the contract

Procurement participants can only be small and medium-sized businesses

Tomsk region

On approval of a model contract for the provision of services for compulsory civil liability insurance of vehicle owners (OSAGO)

In accordance with part 7 of Article 112 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"

1. Approve a standard contract for the provision of services for compulsory civil liability insurance of vehicle owners (OSAGO) in accordance with the annex to this order.

3. I reserve control over the execution of this order.

Head of Department G.V. Gongina

order of the Tomsk region

dated 09.08.2017.2017 No. 12-p

Model contract for the provision of services for compulsory insurance of civil

responsibility of vehicle owners (OSAGO)

Project

STATE CONTRACT (CONTRACT) No. ____

for the provision of compulsory civil liability insurance services

vehicle owners (OSAGO)

Tomsk "____" ___________ 20__

On behalf of the Tomsk region, representing ___ ["State Customer" ("Employer")], hereinafter referred to as ___ "Insured", represented by __________________, acting ___ on the basis of __________, on the one hand, and ______________, being ___ "Contractor", hereinafter referred to as ___ "Insurer", represented by ______________________________, acting ___ on the basis of __________, on the other hand, together referred to as the "Parties" and each individually a "Party", on the basis of the protocol ___________________ No. __________ dated "____" _________ 201__, have concluded this [State contract, hereinafter referred to as Contract, (Contract)] about the following:

1. OBJECT OF PROCUREMENT (SUBJECT OF THE CONTRACT)

1.1. The Insurer undertakes to provide the Insured with services for compulsory insurance of civil liability of vehicle owners specified in Appendix 1 to the Contract in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners, and the Insured undertakes to pay and accept the services in the manner and on the terms specified in contract.

Procurement identification code: ____________________________.

2. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT

2.1. The price of the contract consists of [insurance premium for a vehicle (from the amount of insurance premiums for each vehicle)], indicated (s) in Appendix 1 to the Contract, and amounts to _______ (________) rubles ___ kopecks, is not subject to value added tax on the basis of subparagraph 7 of paragraph 3 of Article 149 of the Tax Code of the Russian Federation.

The contract price includes all costs associated with the provision of services in accordance with the terms of the Contract, including:

- the cost of providing services;

— expenses for the payment of taxes, fees and other obligatory payments;

— all unforeseen expenses that may arise during the period of the Contract in connection with its execution.

Insurance (s) premium (-And) calculated (s) By the insurer as the product of base rates and coefficients of insurance rates in accordance with the procedure for the application by insurers of insurance rates for compulsory insurance when determining the insurance premium under a compulsory insurance agreement established by the Central Bank of the Russian Federation in accordance with Article 8 of Federal Law No. 40-FZ of April 25, 2002 "On Compulsory Insurance of Civil Liability of Vehicle Owners".

A change in insurance rates does not entail a change in the insurance premium paid by the Insured at the insurance rates in force at the time of payment, under the Contract during its validity period.

The maximum contract price set in the procurement documentation is calculated using the price formula in Appendix 2 to the Contract and amounts to _______ (________) rubles ___ kopecks.

2.2. Insurance payment (s) prizes (th) is made by the Policyholder at a time by transferring funds to the Insurer's settlement account specified in the Contract, on the basis of the invoice submitted by the Insurer within ______ business days (-his) days (-I) after receiving it.

Invoice for insurance (s) prizes (th) issued by the Insurer to the Policyholder within working their (-his) days her(s) from the date of receipt of the documents specified in Article 15 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners".

2.3. On the day of fulfillment by the Insured of the obligation to pay the insurance (s) prizes (th) the day of debiting funds from the personal account of the Insured is considered.

2.4. Collection of all documents necessary for payment is carried out by the Insurer.

2.5. The currency used for settlements is the ruble of the Russian Federation.

2.6. Source of financing: _________________________ .

3. RIGHTS AND OBLIGATIONS PARTIES

3.1. The insured has the right:

3.1.1. Require the Insurer to properly fulfill obligations in accordance with the terms of the Contract.

3.1.2. Require the Insurer to submit duly executed documents.

3.1.3. Request information from the Insurer on the progress and status of fulfillment of the Insurer's obligations under the Contract.

3.1.4. Send a reasoned refusal to sign the act of acceptance of services rendered [other documents ______] according to the results of acceptance of the rendered services.

3.1.5. Use other rights established by the Contract and the legislation of the Russian Federation.

3.2. The insured is obliged:

3.2.1. Submit to the Insurer the documents specified in Article 15 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Civil Liability Insurance of Vehicle Owners".

3.2.2. Pay on the basis of the Insurer's invoice the insurance (s) premium (-And).

3.2.3. Accept the rendered services in the absence of comments on the quality, volume, compliance of the rendered services with the terms of the Contract.

3.2.4. Prior to the recovery of the penalty (fines, penalties), follow the claim procedure for resolving the dispute (send to the Insurer a claim containing a requirement to pay the amounts of the penalty (fines, penalties) provided for by the Contract for non-performance (improper performance) by the Insurer of its obligations under the Contract).

3.2.5. Perform other duties stipulated by the Contract and the legislation of the Russian Federation.

3.3. The insurer has the right:

3.3.1. Require insurance payment (s) prizes (th).

3.3.2. Request the Insured to provide clarifications and clarifications on the provision of services under the Contract.

3.3.3. Require the Insured to fulfill the obligations stipulated by the Contract and the current legislation of the Russian Federation.

3.3.4. Use other rights established by the Contract and the legislation of the Russian Federation.

3.4. The insurer is obliged:

3.4.1. Issue an insurance policy to the Insured (s) policy (s) immediately after the insured fulfills the obligation to pay the insurance (s) prizes (th).

Transfer of insurance (s) policy (s) carried out in the following way: _________.

3.4.2. Not to provide to other persons or otherwise disclose confidential information obtained as a result of the fulfillment of obligations under the Contract.

3.4.3. At the request of the Insured, provide reliable information on the progress of fulfillment of its obligations, including on the difficulties arising in the performance of the Contract in the manner specified in clauses 11.7, 11.8 of the Contract.

3.4.4. Prior to the recovery of the penalty (fines, penalties), follow the claims procedure for resolving the dispute (send to the Insured a claim containing a requirement to pay the amounts of the penalty (fines, penalties) provided for by the Contract for non-performance (improper performance) by the Policyholder of its obligations under the Contract).

3.4.5. Perform other duties stipulated by the current legislation of the Russian Federation and the Contract.

4. PLACE AND TERMS OF PROVISION OF SERVICES, QUALITY OF SERVICES

4.1. Place of provision of services: _______________.

4.2. Terms of services: _______________.

4.3. The provision of services for compulsory insurance of civil liability of vehicle owners is carried out by the Insurer in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners.

5. PROCEDURE FOR ACCEPTANCE OF THE RENDERED SERVICES

5.1. The insured accepts the services rendered within working their (-his) days her(s) [from the date of receipt of the insurance policy (last insurance policy)].

5.2. The insurer no later than working their(s) days (day, days), must notify the Policyholder in writing of the readiness of services for delivery. The notice must also be sent by e-mail: _________________ or by fax: _____________.

5.3. To check the services rendered in terms of compliance with the terms of the Contract, the Insured conducts an examination. The examination is carried out by the Insured on its own or with the involvement of experts, expert organizations.

To conduct an examination of the services provided, experts, expert organizations have the right to request from the Insurer additional materials related to the terms of the Contract. The deadline for submission of additional materials by the Insurer is working their(s) days (day, days) from the time the request was made. If the Insurer violates the deadline for submitting additional materials, the deadline for acceptance of the services provided, provided for in clause 5.1 of the Contract, is increased by the number of days of delay.

5.4. In case of detection of deficiencies (in terms of volume, quality, other deficiencies), the Policyholder shall notify the Insurer no later than working their (-his) days her(s) from the date of discovery of the said deficiencies. A notice of identified deficiencies with an indication of the deadlines for the elimination of deficiencies shall be sent to the Insurer by telegram, mail, e-mail, fax or courier. The email address for notifications is: ______________. The fax number for sending notifications is: ________________.

5.5. Upon completion of the acceptance of services, the Insured within working their (-his) days her(s) signs the act of acceptance of the services rendered [other documents _______] or sends a reasoned refusal to sign the act of acceptance of services rendered [other documents _______]. In case of detection of non-compliance of services with the terms of the Contract, the certificate of acceptance of the services rendered [other documents __________] is not signed until the Insurer eliminates the deficiencies.

5.6. The date of fulfillment by the Insurer of the obligations stipulated by clause 1.1 of the Contract is the date of signing by the Insured of the act of acceptance of the services rendered [other documents _____] without comments .

6. RESPONSIBILITIES OF THE PARTIES

6.1. The Parties are liable for non-fulfillment or improper fulfillment of obligations in accordance with the current legislation of the Russian Federation.

6.2. Losses incurred as a result of non-fulfillment or improper fulfillment by the Parties of obligations under the Contract shall be compensated in the amount and in the manner prescribed by the legislation of the Russian Federation.

6.3. In case of delay in fulfillment by the Insured of the obligations stipulated by the Contract, as well as in other cases of non-fulfillment or improper fulfillment by the Insured of the obligations stipulated by the Contract, the Insurer shall have the right to demand payment of penalties (fines, penalties).

The fine is accrued for each day of delay in fulfilling the obligation provided for by the Contract, starting from the day following the expiration of the deadline for fulfilling such obligation established by the Contract in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force on the date of payment of penalties from the amount not paid on time.

Penalties are charged for improper performance by the Insured of the obligations stipulated by the Contract, except for the delay in fulfilling the obligations stipulated by the Contract. The amount of the fine is _________ percent ov(s) of the Contract price (2.5 percent of the Contract price if the Contract price does not exceed 3 million rubles; 2 percent of the Contract price if the Contract price is from 3 million rubles to 50 million rubles; 1.5 percent of the Contract price if the Contract price is from 50 million rubles to 100 million rubles, 0.5 percent of the Contract price if the Contract price exceeds 100 million rubles), _______ (________) rubles ___ kopecks.

6.4. In case of delay in fulfillment by the Insurer of the obligations stipulated by the Contract, as well as in other cases of non-fulfillment or improper fulfillment by the Insurer of the obligations stipulated by the Contract, the Policyholder sends the Insurer a claim containing a demand for payment of penalties (fines, penalties).

The penalty is accrued for each day of delay in the performance of the obligation by the Insurer, starting from the day following the day of expiration of the deadline for the performance of the obligation established by the Contract until the day of the actual performance of the obligation (inclusive), and is established by the Contract in the amount determined in the manner established by the Decree of the Government of the Russian Federation dated November 25, 2013 1063 “On approval of the Rules for determining the amount of a fine accrued in case of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for the delay in the fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of fine charged for each day delay in fulfillment by the supplier (contractor, executor) of the obligation stipulated by the contract”, but not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation effective on the date of payment of the penalty fee from the Contract price, reduced by an amount proportional to the volume of obligations stipulated by the Contract and actually performed by the Insurer, and is determined by the formula:

(where C is the price of the contract; B is the cost of the obligations under the contract actually fulfilled by the Insurer within the established period, determined on the basis of a document on the acceptance of goods, results of work, services, including individual stages of contract execution; C is the rate).

The size of the bet is determined by the formula:

(where Stsb is the amount of the refinancing rate set by the Central Bank of the Russian Federation on the date of payment of the penalty fee, determined taking into account the K coefficient; DP is the number of days of delay).

The coefficient K is determined by the formula:

(where DP is the number of days of delay; DK is the deadline for fulfilling the obligations under the contract (number of days).

With K equal to 0 - 50 percent, the rate is determined for each day of delay and is taken equal to 0.01 of the refinancing rate set by the Central Bank of the Russian Federation on the date of payment of the penalty.

With K equal to 50 - 100 percent, the rate is determined for each day of delay and is taken equal to 0.02 of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty.

With K equal to 100 percent or more, the rate is determined for each day of delay and is taken equal to 0.03 of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty.

Penalties are accrued for non-fulfillment or improper fulfillment of obligations by the Insurer, except for the delay in fulfillment by the Insurer of the obligations stipulated by the Contract. The amount of the fine is _________ percent (-ov,-a) of the Contract price (10 percent of the Contract price if the Contract price does not exceed 3 million rubles; 5 percent of the Contract price if the Contract price is from 3 million rubles to 50 million rubles; 1 percent of the Contract price if the price of the Contract is from 50 million rubles to 100 million rubles, 0.5 percent of the price of the Contract if the price of the Contract exceeds 100 million rubles), _______ (________) rubles ___ kopecks.

6.5. The Party shall be exempted from payment of the penalty (fine, penalty interest) if it proves that the failure to perform or improper performance of the obligation stipulated by the Contract occurred due to force majeure or through the fault of the other Party.

6.6. Payment of penalties (fines, penalties) and compensation for losses caused by improper performance of obligations does not relieve the Parties from the full performance of obligations under the Contract.

6.7. Payment of penalties (fines, penalties) is carried out on the basis of a written claim of one of the Parties.

6.8. The Insured has the right to take into account when settling with the Insurer (deduct from the Contract price) the amount in the form of a penalty (fine, penalty fee) payable by the Insurer for non-performance (improper performance) of the obligations stipulated by the Contract, unless the Insurer proves that the non-performance (improper performance) of obligations has occurred due to force majeure or the fault of the other Party.

7. DISPUTES RESOLUTION

7.1. All disputes or disagreements arising between the Parties under the Contract or in connection with it shall be resolved through negotiations in the claim procedure. The claim processing time is working their(s) days (day, day) from the date of its receipt, except for cases for which the legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners provides for other terms for considering a claim.

7.2. If it is impossible to resolve disagreements through negotiations in a claim procedure, they are subject to consideration in the Arbitration Court of the Tomsk Region.

8. PROCEDURE FOR AMENDING, SUPPLEMENTING AND TERMINATION OF THE CONTRACT

8.1. By agreement of the Parties, the volume of services provided by the Contract may be increased by no more than ten percent or the volume of services provided by the Contract may be reduced by no more than ten percent.

At the same time, by agreement of the Parties, it is allowed to change, taking into account the provisions of the budgetary legislation of the Russian Federation, the price of the Contract in proportion to the additional volume of services, based on the price of a service unit established in the Contract, but not more than ten percent of the Contract price. When reducing the volume of services provided for by the Contract, the Parties to the Contract are obliged to reduce the price of the Contract based on the unit price of the service.

8.2. Termination of the Contract is allowed by agreement of the Parties, by a court decision [ , and in case of unilateral refusal of the Party to execute the Contract in accordance with civil law].

8.3. The Policyholder makes a decision on unilateral refusal to perform the Contract in the cases specified in Part 15 of Article 95 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

9. FORCE MAJEURE

9.1. Circumstances, the occurrence of which exempts from liability for violation of an obligation, are force majeure circumstances, such as: armed conflicts, acts of terrorism, legal acts of state bodies, emergency and other emergencies, strikes, riots, if such circumstances directly affect the ability of the Party to perform corresponding obligation.

9.2. If any of the Parties fail to fulfill or partially fulfill their obligations under the Contract due to the occurrence of the circumstances specified in clause 9.1 of the Contract, if they directly affected the timing of the fulfillment by the Parties of their obligations, the deadline for the fulfillment of obligations is postponed in proportion to the time during which these circumstances will operate.

9.3. The Party for which it became impossible to fulfill obligations due to the above reasons must notify the other Party in writing within 5 (five) business days from the date of occurrence of such circumstances. Documents issued by the competent authorities must serve as proof of the facts specified in the notice.

9.4. Failure to notify or untimely notification of the other party in accordance with clause 9.3 of the Contract entails the loss of the right to refer to these circumstances.

10. ENFORCEMENT OF THE CONTRACT

10.1. The amount of the security for the performance of the Contract is _______ percent ov(s) the initial (maximum) price of the Contract in the amount of __________ (________) rubles.

10.2. The performance security of the Contract is provided by the Insurer in the following way: [irrevocable bank guarantee issued by the bank (deposit of funds to the account of the Insured, on which, in accordance with the legislation of the Russian Federation, operations with funds received by the Insured are recorded)].

10.3. The document confirming the provision of security for the performance of the Contract is an integral part of the Contract.

10.4. The funds from the Contract execution security shall be payable to the Insured as compensation for non-fulfillment or improper fulfillment by the Insurer of its obligations under the Contract, including payment of a penalty (penalty, fines), for compensation of any losses to the Insured caused by non-fulfillment or improper fulfillment by the Insurer of its obligations under the Contract , as well as on the return of the insurance premium.

10.5. If the Insurer determines the method of securing the execution of the Contract “Deposit of funds to the account of the Insured, on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the Insured are recorded”, the security for the execution of the Contract shall be returned by the Insured to the Insurer within working their (-his) days her(s) from the date of signing by the Parties of the act of acceptance of the services rendered [of the last act of acceptance of services rendered] [other documents _____] based on the written request of the Insurer.

10.6. If, for any reason, the performance security under the Contract has ceased to be valid, terminated or otherwise ceased to ensure the performance by the Insurer of its obligations under the Contract, the Insurer shall, within 5 (five) working days, provide the Policyholder with a new appropriate security for the performance of obligations under the Contract on the terms and in the amount specified in this section.

10.7. The Insurer has the right to provide the Insured with a Contract performance security reduced by the amount of fulfilled obligations under the Contract, in exchange for the previously provided Contract performance security. In this case, the method of ensuring the performance of the Contract may be changed.

10.8. If the Insurer determines the method of ensuring the execution of the Contract "Irrevocable bank guarantee issued by the bank", the validity period of the bank guarantee must exceed the validity period of the Contract by at least one month.

10.9. The settlements are accompanied by ______________________ and are reflected in the accounts that are opened in the specified bank.

11. OTHER TERMS

11.1. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle (the Insured) for obligations arising from damage to life, health or property of the victims when using the vehicle in the territory of the Russian Federation.

11.2. An insured event is the onset of civil liability of the owner of the vehicle (the Insured) for causing harm to life, health or property of the victims when using the vehicle, entailing, in accordance with the Contract, the Insurer's obligation to pay insurance compensation.

11.3. The insured risk for compulsory insurance includes the occurrence of civil liability for the obligations specified in clause 11.1 of the Contract, with the exception of cases of liability arising due to:

a) causing damage when using a vehicle other than the one specified in Appendix 1 to the Contract;

b) infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;

c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;

d) environmental pollution;

e) damage caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;

f) infliction of harm to the life or health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;

g) obligations to compensate the employer for losses caused by causing harm to the employee;

h) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo they carry, the equipment installed on them and other property;

i) causing damage when loading cargo onto a vehicle or unloading it;

j) damage or destruction of antiques and other unique items, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, items of a religious nature, as well as works of science, literature and art, other objects of intellectual property;

k) causing harm to life, health, property of passengers during their transportation, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of the carrier's civil liability for causing harm to life, health, property of passengers.

11.4. The sum insured, within the limits of which the Insurer, upon the occurrence of each insured event (regardless of their number during the term of the Contract), undertakes to compensate the injured for the damage caused, is:

a) in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles;

b) in terms of compensation for damage caused to the property of each victim, 400 thousand rubles.

Changing the amount of the sum insured, within which the Insurer, upon the occurrence of each insured event (regardless of their number during the term of the Contract), undertakes to compensate the injured for the harm caused, entails a change in the amount of the sum insured specified in this Contract, in accordance with the legislation of the Russian Federation .

11.5. The relations of the Parties not regulated by this Contract shall be subject to the norms of the current legislation of the Russian Federation.

11.6. The contract comes into force from the date of its conclusion and terminates from the date of expiration of the last insurance policy ________________ , but not before the Parties fulfill their obligations under the Contract in full.

11.7. Document flow under the Contract is carried out in writing. For prompt notification, it is allowed to exchange documents by facsimile (telephone) communication, e-mail with mandatory forwarding (transfer) of the original document within 3 (three) working days.

11.8. The term for responding to an incoming document under the Contract may not exceed 5 (five) working days from the date of its receipt.

11.9. The contract is drawn up in accordance with the requirements of the legislation of the Russian Federation and signed by duly authorized representatives of the Parties.

11.10. When executing the Contract, it is not allowed to change the Insurer, unless the new insurer is the successor of the Insurer under the Contract due to the reorganization of the legal entity in the form of transformation, merger or accession.

11.11. All annexes to the Contract must be drawn up in accordance with the current legislation of the Russian Federation and signed by duly authorized representatives of the Parties. All appendices, drawn up in the proper form and in accordance with the terms of the Contract, are an integral part of it.

11.12. The Insurer is obliged to provide the Policyholder with information about the change of its address no later than 2 (two) working days from the date of the corresponding change. In case of failure to submit the notice within the established period, the address of the Insurer shall be the address specified in the Contract.

If the Insurer changes phone numbers, fax numbers, e-mail addresses, bank details for making settlements under the Contract, the Insurer must notify the Policyholder thereof within 24 hours from the date of the change. In case of non-submission within the established period of notification of changes in the specified information, telephone numbers, fax numbers, e-mail addresses, bank details for making payments under the Contract will be considered the information specified in the Contract.

12. ANNEXES TO THE CONTRACT

12.1. Annexes to the Contract are its integral parts:

Annex 1 - List of vehicles.

Annex 2 - Price formula.

Annex 3 - A document confirming the provision of the performance of the Contract.

13. ADDRESSES AND DETAILS OF THE PARTIES:

Post Views: 133

Nowadays, vehicle owners are required to purchase a special OSAGO insurance policy by concluding an agreement with the selected insurance company. It is this document that defines almost the entire list of aspects of the relationship between the car owner and the insurer. Most companies tend to provide their customers with a standard contract.

An OSAGO contract is a document that is concluded between the insured and the insurer. It is used as a basis for the insurance company to pay the agreed amount of money after any of the insured events listed in the document. In addition, according to this agreement, the insurer must unquestioningly compensate the owner of the injured vehicle for the damage and damage that he received as a result of the actions of the insured person and his car.

Standard OSAGO contract

On the territory of the Russian Federation, the execution of an OSAGO agreement is considered a mandatory procedure for every driver. The term of the agreement is twelve months, after this time the insurance must be renewed. In the event of a delay of at least one day, the owner of the car automatically becomes an administrative offender.

Subject and object of the OSAGO agreement

The objects in this case are civil liability for damage to property or harm caused to third parties by the insured while driving his car.

The subjects in this case are the parties that participate in insurance: insurance companies, policyholders, as well as other persons who, if necessary, will be paid compensation.

When concluding contracts for the purchase of compulsory insurance for a car, not only individuals, but also legal entities can act as insurers, on behalf of which the document is signed by a trusted representative of the institution.

Essential conditions

In this document, it is imperative to list all the conditions relating to the upcoming transaction, the participants of which are two persons - the insurance company and the owner of the vehicle.

To date, the most important conditions include:

1. Insurance object. The conditions stipulated in the insurance policy apply exclusively to the vehicle recorded in this document. Therefore, it is necessary for this purpose to indicate all license plate information, as well as a unique car number, which is assigned individually for each car by the manufacturer;
2. List of insured events in which the insurer must necessarily cover the cost of car repairs or pay compensation. This list includes all accidents in which one of the participants was the car specified in the contract, except for the following accidents:

1. Accidents involving vehicles whose data are not recorded in the OSAGO agreement;
2. If the collision happened with the participation of the car in any tests or competitions;
3. If the breakdown was received during the transportation of goods, for the transportation of which it is necessary to issue special additional insurance;
4. If the damage is caused in the process of loading or unloading the car, regardless of the conditions for performing this operation;
5. If it is required to compensate for the harm caused to the health of the employee, which was received in the performance of the terms of the employment contract;
6. If compensation for lost profits and compensation for moral damage is required;
7. If you need to cover the damage that the passenger received during the trip in the car;

1. The cost of an OSAGO insurance policy. The price of compulsory civil vehicle insurance is determined individually for each client. Average tariffs are set by the state, so insurers do not have the right to independently make changes to them. The following information is used to calculate the so-called correction factors:

1. Vehicle category;
2. The power of the car for which the compulsory insurance policy is purchased;
3. The region of the Russian Federation in which the car was registered;
4. The period of the most active operation of the insured car;
5. The number of insurance payments that the owner of the car received during the period of the previous OSAGO agreement;

1. Validity of the OSAGO insurance policy;
2. The amount of insurance payout. If any insured event specified in this document occurs, the insurer must make an insurance payment in an amount that directly depends on the degree of damage caused.

The procedure for concluding an OSAGO agreement and its validity period

In order to conclude such an agreement with the subsequent receipt of a compulsory motor third party liability insurance policy, a person who has a vehicle, you need to go through the following steps:

1. Decide on the insurer that offers the most attractive conditions for him;
2. Gather a complete package of required documents;
3. Write an application in the appropriate form.

A sample of filling out an OSAGO agreement

After that, the insurer will be able to determine the final cost of the insurance policy. Then the representative of the insurance company, as a rule, asks the client to provide his car for a visual inspection. Most often, this procedure is performed only when insuring used cars. Based on it, the specialist fills out an act, listing all the existing damage: for example, a dent on the wing or a glass crack.

The contract is provided to the driver for careful review. If he agrees with all the points and has no questions, then the document is signed by him and the insurance company.

The insurance policy, together with accompanying documents, is issued by the insurer only after the client has paid the agreed insurance premium. The package of additional documents consists of:

1. insurance policy;
2. Form for notification of a case of a traffic accident;
3. Enumeration of the rules of conduct after the occurrence of any of the insured events;
4. List of branches of this insurance company;
5. A list of all car services, the services of which can be used for the repair of vehicles.

The standard term of such an agreement is 1 year. However, there are several exceptions:

1. If the contract is signed with a citizen of another country. In this case, the period is equal to the period of temporary registration of the car within the Russian Federation. However, it cannot last less than five days;
2. The contract for the time of distillation of the car to the region of its permanent registration. Its maximum term is twenty days;
3. An agreement under the terms of which the vehicle must undergo a technical inspection in another region of the state (valid during the delivery of the car to the place of inspection). Its maximum period shall not exceed twenty days.

It should be noted that if the validity period is set according to the requirements of the current legislation, then the vehicle owner is given the right to independently determine the period of operation of the machine. At the same time, seasonal use of the car changes the final cost of the OSAGO insurance policy. However, the minimum period must be at least three months (adjustment factor - 0.5 of the full price of insurance).

What documents are required to conclude a contract?

To conclude an OSAGO agreement, an individual needs to contact the insurance company, providing it to the employee, consisting of:

1. Passport confirming the citizenship of the Russian Federation;
2. Certificate of registration of the vehicle in the state register;
3. Driving license not only of the owner of the car, but also of other people who will continue to drive the car;
4. Diagnostic card of the car, which is filled in by a specialist from the inspection station, indicating the good condition of the vehicle, as well as allowing its admission to further operation;
5. Statement written on the model of the Central Bank.

For the insured, which is a legal entity, a different package of documents is required:

1. Certificate of registration of this legal entity;
2. A power of attorney issued to this employee of the organization specifically for this procedure;
3. Passport of a citizen of the Russian Federation, owned by a representative of the institution;
4. Documents that are required to confirm the right of ownership, as well as ownership of the vehicle;
5. Special diagnostic map of the state of the machine;
6. An application drawn up by the owner of the transport in the appropriate form.

The set of documents is established by the current legislation of the state and cannot be changed by the insurer in order to create more favorable working conditions for him.

What to do if the insurance company refuses to draw up a contract?

Sometimes, after submitting an application from the car owner, the insurer refuses to sign the OSAGO contract. Most often this is justified by the following reasons:

1. The office may not have blank forms for filling out OSAGO insurance policies at the time of the insured's request;
2. Temporary lack of communication with the PCA, without which it is impossible to determine the final cost of insurance;
3. The need for a mandatory assessment of the technical condition of the machine before concluding a contract.

In such a situation, the policyholder needs to receive a written refusal with an explanation of such a decision. In addition, you can have confirmation of a witness who was present when the employee of the insurance company refused.

In order to challenge the refusal, the driver can contact the following institutions:

1. To the court, requiring him to compel the insurance company to conclude a binding contract;
2. In the Interregional Department of the Central Bank of the Russian Federation.

The OSAGO contract is a special guarantee document that is signed by the insurer and the insured upon receipt by the latter person of compulsory insurance. It contains all the conditions for the payment of compensation to cover losses incurred by the car owner in situations stipulated by the insurance company.

Watch a video about OSAGO agreement

Pass accreditation on the Electronic Platform. Obtaining accreditation is a simple and free procedure, but takes about one business day.

If necessary, take training in working with auctions on the Electronic Platform.

Make sure that all documents required for bidding are up to date.

If necessary, prepare the documents and information provided for in paragraphs 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 of 44-FZ.

Select the method of providing security for the bid. Take advantage of our solutions.

Have you applied for the auction?

Wait for notification of admission to bidding! At this stage, the first parts of applications are considered.

Are you allowed to trade?

Congratulations! Plan your participation in the auction.

The organizer of the auction rejected your application and you do not agree with this decision?

Auction! The one who offers the most favorable terms and price wins.

In the event that within 10 minutes from the beginning of the auction none of the participants has submitted any price proposals, such an auction is recognized as failed.

If the price offered by the winner of the auction is 25% less than the Initial Maximum Price (IMP), such participant is obliged to confirm his reputation and provide security in a larger amount.

If the winner of the auction evades the conclusion of the contract, information about this is sent to the Register of Unfair Suppliers (RNP).

Wait for the results of the auction, track the deadlines:

Within 30 minutes after the end of the auction - the publication of the Protocol of the Electronic Auction (EPEA) on the Electronic Platform.

No more than 3 working days from the date of publication of the Protocol of the Electronic Auction (EPEA) on the Electronic Platform - consideration by the Customer of 2 parts of applications, as well as the formation of the Protocol of Summing Up the Results (SAP).

Not later than the working day following the date of signing the Minutes of Summing up (PIP) - placement by the customer of the PIP on the Electronic Platform and in the Unified Information System (UIS)

Are you a winner? Congratulations! Provide the Customer with the performance security and sign the contract

The signing of the contract is possible not earlier than 10 days from the date of publication of the Minutes of Summing Up (PIP) in the Unified Information System (UIS).

Strictly follow the deadlines. The ratio of working days and days off is not important:

Not more than 5 days from the date of publication of the Minutes of Summing Up (PPI) in the Unified Information System (UIS) - the Customer publishes the draft contract.

Not more than 5 days from the date of publication by the Customer of the draft contract - the Winner publishes the protocol/draft contract. The winner who did not send the protocol of disagreements or did not send the signed draft contract after 13 days from the date of publication of the Protocol of Summing Up the Results (SIP) in the Unified Information System (UIS) is recognized as having evaded signing the contract.

The ratio of working days and days off is fundamental:

Not more than 3 working days from the date of publication by the winner in the Unified Information System (EIS) of the protocol of disagreements, the Customer publishes the finalized draft contract (or in a separate document the refusal to fully or completely take into account the comments in the protocol of disagreements of the winner).

Not more than 3 working days from the date of publication by the Customer in the Unified Information System (EIS) of the finalized draft contract - the winner publishes the protocol / draft contract + provides confirmation of the contract performance.