Opening of Envelopes with Open Tender Bids

PROTOCOLNo. 02B/16-2

Opening of envelopes with open tender bids

City of Moscow13 June 2013

Contract Giver: Eurasian Economic Commission
Legal address: 1, 3/5 Smolenskiy Blvd., 119121, Moscow
Title: Open tender to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic: “Comparative legal analysis of regulatory legal acts of the Customs Union and Common Free Market Zone, CU and CFMZ Member-States as related to certification. Analysis of international experience and development of recommendation to establish common principles and rules for certification within the Customs Union and Common Free Market Zone, including deadlines and extent of harmonization”
Initial (maximum) contract price:

4,760,000 (four million seven hundred sixty thousand) roubles 00 kopecks, VAT 0%.

The composition of the bidding commission was approved by Order No. 156of 22 May 2013 of the EEC CFMZ Chairman.

The bid openingsession of the bidding commissionwas attended by:

Chairman of the Bidding Commission, representative of the Client
Vasily Borisovich Boytsov / - Director of the Department of Technical Regulation and Accreditation
Deputy Chairmen of the Bidding Commission
Arina Victorovna Molokova / - Deputy Director of the Department of Technical Regulation and Accreditation
Irina Timofeevna Zhogova / - Deputy Director of the Department of Technical Regulation and Accreditation
Secretary of the Bidding Commission
Svetlana Alexeevna Bondarenko / - Counselor at the Subdivision for Coordination of Harmonization of Sectorial Technical Regulation Systems in the fields embraced by the scope of the Department of Technical Regulation and Accreditation
Members of the Bidding Commission
Andrey Anatolievich Polozkov / - Head of the Subdivision for Technical Regulation Development of the Department of Technical Regulation and Accreditation
Yulia Sergeevna Chirkova / - Head of the Subdivision for Methodology of the Department of Technical Regulation and Accreditation
Antonina Igorevna Golovtsova / - Counselor at the Subdivision for Technical Regulation Development of the Department of Technical Regulation and Accreditation

The meeting was attended by seven members of the biddingcommission out of eight, thequorum gathered.

The bid opening procedure took place on 13 June 2013 at the address: 1, 12 Yakovoapostolskiy Ln., 105064, Moscow, at 11 a.m. (Moscow time).
By the bidding deadline specified in the open tender notification (13 June 2013, 11a.m. Moscow time), seven (7) sealed envelopes with bids in accordance with the entry made to the Open Tender Bid Log were submitted (Annex No. 1 to Bid OpeningProtocolNo. 02в/16-2 of 13 June 2013).
The meeting dedicated to opening of envelopes with open tender bids was attended by the tenderer’s representatives registered in the Tenderers’ Representatives Log (Annex No. 2 to Bid Opening Protocol No. 02в/16-2 of 13 June 2013).
As required by the open tender notification, immediately before the opening of envelopes with open tender bids, the chairman of the tender commission notified the attending tenderers’ representatives of the possibility to file bids for the open tender, amend or repeal previously submitted bids before their opening.
There were no amendments, withdrawals or any other applications immediately prior to theopening of envelopes.
The envelopes with bids submitted on hard copies were opened by the Bidding Commission Secretary S.A. Bondarenko in the sequence as registered in the Open Tender Bid Log (Annex No. 1 to Bid OpeningProtocolNo. 02в/16-2 of 13 June 2013).
Deputy Chairman of the Bidding Commission announced the following information concerning the submitted bids:
Names and postal addresses oftenderers;
Availability of data and documents specified in the open tender notification;
Contract execution terms specified in the bid and used as criteria for bid evaluation.

Bid opening results:

Bid No. 1
date and time of the bid arrival: 11 June 2013, 1.48 p.m.
Tenderer / Full name:Scientific-Technical Fund Certification Center KONTSTAND
Short name: STF FC KONTSTAND
Postal address / 5 Marshala Koneva str., Moscow 123060
List of documents specified in the open tender notification and included into the bid /

List of documents attached to the bid
Open tender bid
Tenderer’s data
R&D quality proposals and any other contract execution proposals
Copy of an extract from the Unified State Register of Legal Entities of 23May2013 sealed and signed by the chairman of STF FC “KONTSTAND”
Copy of ProtocolNo. 2 of the meeting of the Presidium of STF FC KONTSTAND (confirming the powers of the President)
Copy of the Articles
Copy of the certificate of state registration
Copy of the certificate on the entry made to the Unified State Register of Legal Entities
Copy of the certificate of registration with the territorial tax authority
Copy of balance sheet for the latest accounting period
Certificate concerning performance of taxpayer’s obligations in connection with payment of taxes, dues, insurance contributions, penalties and tax sanctions (as of 12 April 2013, no debt)
Data on the company’s structure (staff size, structural subdivisions, etc.) – staffing chart
Documents evidencing the tenderer’s competence (copies of diplomas awarding Cand. Sc. and PhD titles and other documents, confirming qualification of R&D executors, copies of acceptance acts under executed contracts)
Tenderer’s proposals concerning the contract terms used as criteria for evaluation of open tender bids
Tenderer’s competence data
Copies of certification documents
Copy of the accreditation certificate issued by ROSSTANDART
Copies of accreditation diplomas
Copies of license to perform industrial safety expertise

Contract execution terms used as criteria for evaluation of open tender bids
Contract price, roubles / The offered contract price is 4,260,000 (four million two hundred sixty thousand) roubles 00 kopecks
Works quality and tenderer’s competence
Works quality / For the purposes of research,an expert group shall be established,as part of STF FC KONTSTAND, comprising leading specialists experienced in certification and conformity assessment, having deep understanding of EA, IAF, ILAC documents and standards of ISO 17000 series.
Quality management in drafting technical standard documentation shall be performed by the Technical Committee chaired by the President of STF FC KONTSTAND. Proposed technical solutions shall be assessed for compliance with the requirements of the Statement of Work. Quality of works shall be ensured through fulfilling the requirements set in the Quality Manual of the international agencies for management systems and support procedures certification, strict abidance by the Contract and agreement of intermediate deliverables with the Client. Following the analysis, adjustments shall be made, if necessary, to the draft technical standard documentation.
STF FC KONTSTAND is accredited by the RvA (Dutch Accreditation Council, EA Member) as an independent agency (SO/IEC 17021) authorized to certify management systems (SO 9001, ISO 14001, OHSAS 18001), as anindependent agency authorized to inspect quality and safety of goods and services in accordance with the requirements of ISO/IEC 17020, as anindependent authorized laboratory in accordance with ISO/IEC 17025.
Comments on the research

Introduction

The research shall include analysis of compliance assessment systems based on the accreditation schemes implemented in the CU Member-States, EU, USA and other developed economies. The analysis shall cover theschemes applied to ensure reliability of compliance assessment deliverables, role and location of compliance assessment in the general structure of domestic commodity circulation control. The analysis shall also be given to the accreditation role and position, authorizations to ensure reliability of compliance assessment deliverables in regulated and non-regulated economic sectors. Major distinctions shall be identified in approaches to compliance assessmentin the CU and EU Member-States. Reasons shall be determined for discrepancies in approaches to compliance assessment and adjustments and correction schemes shall be proposed to improve reliability of compliance assessment deliverables.

Purposes

The R&D works shall include establishment of regulatory and legal frameworks in the Customs Union andCommon Free Market Zone to ensure reliability of compliance assessment deliverables based on common accreditation principles and rules. Solution to this task will help to build structured and harmonized, both internally and externally, compliance-assurancesystem to form a basis for mutual recognition of compliance assessment deliverables resting upon mutual trust. To this end, principles of accreditation will be reviewed together with legislative approaches to accreditation, principles of notification (authorization), structuringtechniques (consolidation, splitting, interconnection, etc.), relations of accreditation agencies with the government, schemes and structures of accreditation bodies, competence, process management, personnel and qualifications, management over accredited persons and their relationships with accreditation bodies, credibility between accredited persons and accreditation bodies, reliability of notification and notified persons, accreditation procedures and processes to formulate compliance assessment methods and functions of the accreditation process. Relationships between certification bodies and testing laboratories. Purposes of include strengthening the service users reliance onthe accredited agencies and their deliverables. Systematic management of the overall compliance assessment structure and relationships with thegovernment.

Objectives

The input data shall include legislative norms, delegated legislation, regulations and directives, governmental decrees of EU, USA andCU;ЕА, IAF, ILAC documents (standards) and standards, procedures, instructions of accreditation agencies of ЕА, IAF, ILAC members, MLA contracts, ISO standards related to accreditation and compliance assessment, documents of Asia and South Africa, Canada, best practices – annual reports of accreditation bodies for the latest 4 years published by leading accreditation specialists, internal 18-year experience of cooperation with accreditation agencies and leading accreditation specialists (practical) from Australia, EU Member-States, Canada, from agencies of ЕА, IAF, ILAC members, adopted regulations of the Customs Union, and standards of Russia, Kazakhstan and Belarus as related accreditation, compliance assessment and testing.
Major tasks
Based on the input data, we shall perform analysis of legislative framework to develop common accreditation principles and rules, ЕА and IAF harmonized, to be implemented in the Customs Union and Common Free Market Zone.
In line with the tendency of improving EU and USA lawsrelated to compliance assessment control, recommendations will be drafted to improve legislation in the Customs Union and Common Free Market Zone.
We shall analyze international experience in improving accreditation procedures (similar to the analysis we’ve been performing for the latest 10 years, as it is one of our core activities).
Drafted recommendations and proposals to establish common accreditation principles and rules in the Customs Union and Common Free Market Zone shall be detailed to procedural elements, same as we did in early 2000s, based on the analysis of the EA accreditation approach and specifics of ЕА, IAF, ILAC, (EKA, UCAS, RvA, DANAK, COFRAC, etc.) accreditation bodies, performed to create analogues in Russia. Thedocuments shall be adjusted for 2013, but judging by the results of continuous accreditation monitoring, no significant changes have been introduced for the latest 10 years, but for the EU organizational approach.
Drafted proposals shall be made consistent with ЕА, IAF, ILAC, etc. and with CU and CFMZ Member-States. The approach shall take stages comprising a combination of regulatory and practical measures and shall include stage-wise improvement of legislative, regulatory and resource bases, methodology of all-level appraiser training (accreditation and compliance assessment), building and understanding of accreditation processes and compliance assessment in various forms (inspection, audit, examination, testing).
Core resource base shall include qualified personnel of all levels and, therefore, authorized compliance assessment agencies cultivating necessary and sufficient methodologies (audit, inspection, examination, testing in accordance with standards ISO/IEC (17021, ISO/IEC 17020, ISO/IEC 17025, ISO/IEC17024), and creation of a legislative-regulatory base on the following levels: law, international standard, standards of accreditation bodies, standards concerning application of international norms and standards, etc.

Scope of research

Analysis of legislative framework for the purposes of accreditation and compliance assessment inthe Member-States of the Customs Union, Common Free Market Zone, EC and other developed economies.
Analysis of compliance assessment structure in EA (European Union), IAF, developed states, USA, etc., including accreditation and various forms of compliance assessment as part of certification.
Methodological basis of accreditation and compliance assessment.
Complementary forms, methods and functions of accreditation and compliance assessment.
Regulated and voluntary sector of compliance assessment.
Accreditation and notification (authorization). Role and location of economic sectors.
Accreditation, procedures and processes. Principles of functioning of accreditation agencies, functions of accreditation, phases, personnel, regulatory framework, works with clients, ensuring credibility to clients.
Competence of accreditation body, formation of competence evidence, ensuring core principles – objectiveness, competency, voluntariness, honesty, independence
Accreditation of management assessment bodies. Basis for criteria, accreditation process, competence assessment, ensuring credibility, sustention of accreditation. Compliance assessment process. Personnel.
Accreditation of laboratories. Criteria for the process, procedures. Evidential, collation testing, quality control. Proving reliability and technical justification of results. Voluntariness of laboratory accreditation. Role of tests in compliance assessment.
Accreditation of inspections. Types of inspections. Competence of personnel. Role of inspection in assessing certain product compliance. Inspection methods.

12.Accreditation of goods certification agencies. Methodology for accreditation. Forms of goods compliance assessment in regulated and voluntary sectors of economy. Certification methodology. Applied methods of compliance assessment (inspection, audit). Testing. Ensuring credibility of accredited bodies. Combinations of compliance assessment methods.
13.Accreditation of staff certification agencies. Formation of competence scope. Accreditation procedures.
14.Parity ratings between accreditation agencies.
15.Basic processes of compliance assessment and supervision on the part of an accreditation body.
16.Summarizing conclusion
17.Recommendation and roadmap of accreditation improvement in the CU and CFMZ Member-States.
18.Declaration of works’ quality
19.Recommended order of acceptance procedure.
20.Additional information. List of available translated legal documents in the field of accreditation and compliance assessment. Experience in cooperation of with accreditation agencies for the latest 20 years.
Tenderer’s competence
a) Quantity of works performed by the tenderer under the proposed line of the open tender for the latest 5 years as related to the ensuring implementation of mandatory requirements to products and uniformity of measurements / STF FC KONTSTAND took part in TACIS ERUS 9604 projects to establish a Russian certification body recognized by accrediting bodies being members of ЕА and IAF.
The Fund is experienced in accreditation for compliance with ISO/IEC 17025, ISO/IEC 17020, ISO/IEC 17021, EA 65 standards.
The Fund has developed accreditation procedures and established a system of accreditation body management.
The Fund has been cooperating for 16 years with accreditation agencies (Dutch Accreditation Council RvA) concerning accreditation, compliance assessment, cooperation within EA, methodological, organizational, management and competence issues, including personnel, objectivity, independence, and such other issues associated with credibility of accreditation and compliance assessment by third parties (certification).
b) Number of regular employees (for legal persons) having Cand. Sc. and PhD titles (legal or economic sciences) / Eight regular experts of STF FC KONTSTAND will be engaged to theproject, with the below specialists having Cand. Sc. and PhD titles:

Alexei Petrovich Shatlin - A.P. ДЦ 043445, ТН 085307
Vladimir Nikolaevich Batrakov - A.P. ДЦ 043439, ТН 001493
Svetlana Anatolievna Mashkova - КТР 001657
Victor Vladimirovich Molchanov - ТН 079806

c) Number of regular employees (for legal persons) having good command of EC working languages (English, German, French) / The below regular employees of STF FC KONTSTAND will be engaged to translate foreign documents:

Svetlana Anatolievna Mashkova – English, German, French
Elena Vladimirovna Sazonova – English, certificate No. 80 – translation
Larisa Tekeeva, English, French, diploma ДВС 0767535 - translation

d) Experience in development of draft regulatory legal acts of the Customs Union and Common Free Market Zone to ensure implementation of mandatory requirements to products and uniformity of measurements / None
Deadline / Within 140 calendar days following the date of the Contract
Bid No. 2
date and time of the bid arrival: 4 June 2013, 11 a.m.
Tenderer / Full name:Autonomous Non-Commercial Organization National Institute of System Research of Entrepreneurship Issues
Short name: ANCO NISREI
Postal address / Build. 1, 6/9/20 Rozhdestvenka str., 107031 Moscow
List of documents specified in the open tender notification and included into the bid /

List of documents attached to the bid
Open tender bid (As per FormNo. 2 Section III)
Tenderer’s data (As per FormNo. 2 Section III)
Notarized copy of an extract from the Unified State Register of Legal Entities of 24 May 2013
Protocol of Management Board meeting of 11 October 2012 (concerning Chairman elections)
Order No. НИС00000003/1 concerning appointment of E.G. Litvak Director General
Copy of the Articles
Copy of the certificate on the entry made to the Unified State Register of Legal Entities
Copy of the certificate of state registration
Copy of the certificate of registration with the territorial tax authority
Copy of the information letter on registration with State Register of Rosstat
Copy of the notice of insurance contributions (confirmation of primary activities)
Balance sheet for the last reporting period certified by the tax authorities and bearing the company’s seal and the head’s signature
Certificate No. 46091 concerning performance of taxpayer’s obligations in connection with payment of taxes, dues, insurance contributions, penalties and tax sanctions (no debt as of 4 June 2013)
Information on the organizational structure (staff size, structural subdivisions, etc.) – staffing chart
Tenderer’s competence data (as per Form No. 4 Section III)
Documents to evidence the tenderer’s competence (attached to Form No. 4 Section III) (copies of diplomas awarding Cand. Sc. and PhD titles and other documents, confirming qualification of R&D executors, copies of acceptance acts under executed contracts)
Tenderer’s proposals concerning the contract terms used as criteria for evaluation of open tender bids (as per Form No. 5 Section III)
R&D quality proposals and any other contract execution proposals (as per Form No. 3 Section III)

Contract execution terms used as criteria for evaluation of open tender bids
Contract price, roubles / The offered contract price is 4,560,000 (four million five hundred sixty thousand) roubles
Works quality and tenderer’s competence