In addition to the documents, which shall be signed according to the manual of bidder, you have to sign Non-disclosure agreement.
NDA shall be signed and attached with other necessary documents during the registration in the system.
Electronic Trading Platform (ETP) means TITAN-2 Electronic Trading Platform, which is an automated information system designed for electronic tendering and procurement procedure that can be found on the Internet website http://trade.titan2.ru/. ETP is a public source of information.
Operator (of ETP) means a legal entity, the owner of the automated trading platform, that has hardware and software required for its operation and carries out electronic tendering procedures for procurement of goods, works and services.
Personal account means a set of software tools available to the User upon registration at the ETP using a login and a password that allow to receive the services offered by the Operator and information on the status of implementation.
Public Area means the functions of the Electronic Trading Platform that are available to any registered or unregistered person.
Applicant means any legal entity resident or non-resident in the Russian Federation regardless of the form of incorporation, form of ownership, location and place of origin of funds or any natural person resident in the Russian Federation, including individual entrepreneurs, that would like to register in the trade section.
User (of ETP) means a legal entity, natural person or natural person as an individual entrepreneur that has undergone the registration procedure in accordance with this Regulation and has been registered at the ETP by the Operator’s decision.
Procurement Authority means ETP User that arranges and conducts the electronic tendering and procurement procedures for procurement/sales of products, works and services in accordance with the applicable laws of the Russian Federation.
Bidder (of the tendering and procurement procedure) means ETP User that has submitted an application to the Procurement Authority to participate in the tendering and procurement procedure for procurement of products, works and services in accordance with this Regulation and qualify for award of a contract.
Procurement (procurement procedure) means the process of selection of a supplier that will be awarded a contract to provide the customer with the necessary goods, works and services with the required price, quality and reliability.
Lot means an item of goods, works or services that is part of the procurement procedure, for which a separate bid is submitted during the procedure, which may include one or several lots.
Procurement Documentation means a package of documents approved by the customer / procurement authority that may contain information on the procurement scope, terms and conditions of participation in the procurement procedure, rules of bid preparation and submission, successful bidder selection criteria, conditions of the contract awarded based on the results of the procurement procedure.
Bid (proposal) means an electronic document submitted by the Bidder to participate in the tendering procedure in accordance with this Regulation.
Successful Bidder (of the procurement procedure) means a Bidder, which may also be the only Bidder, that will be awarded a contract based on the data on the completion of the procedure.
Open Procurement Procedure means a procurement procedure in which any User may participate.
Closed procurement procedure means a procurement procedure in which only the invited Users may participate.
Electronic document means a document containing electronic digital information.
Electronic Trading Platform Regulation means a document regulating the full range of electronic tendering and procurement procedures, coordination and settlement procedures between the Procurement Authority, Electronic Trading Platform Operator, persons interested in registration at the electronic platform and persons submitting bids (Bidders) or their representatives during arrangement and execution of these procedures at the Electronic Trading Platform.
1.1. This Regulation determines the coordination procedure between TITAN-2 Electronic Trading Platform Users located on the Internet website http://trade.titan2.ru/ and the Operator of the automated trading platform during provision of services for the use of ETP.
1.2. This Regulation determines the general requirements to the procurement procedure on TITAN-2 Electronic Trading Platform, establishes the coordination procedure between the Operator, Applicants for registration and Users, and regulates the relations arising between them as a result of their actions at the ETP.
1.3. This Regulation is an adhesion contract according to Article 428 of the Civil Code of the Russian Federation.
1.4. Electronic trade is carried out using the Electronic Trading Platform located on the Internet website http://trade.titan2.ru/Regulations. The access to the Electronic Trading Platform via the Internet is free.
1.5. Administration of electronic trade at the ETP (registration of users, delineation of the rights of ETP users, tendering process supervision, software reliability assurance) and equal access conditions to all bidders applying for participation shall be provided by the Operator.
1.6. This Regulation is developed in accordance with the applicable laws of the Russian Federation.
2. Accession to the Regulation
2.1. Persons registered at the Electronic Trading Platform according to Section 8 hereof shall join the Regulation by submitting a statement of accession to the Regulation when submitting the application for registration at the Electronic Trading Platform.
2.2. From the moment of submission of the application for registration at the Electronic Trading Platform it is considered that the applicant has joined the Regulation and became a Party to the Regulation.
2.3. By joining the Regulation, the Applicant fully accepts the conditions of the Regulation and the appendices hereto set forth in the revision effective at the moment of registration of the statement of accession in the register of TITAN-2 Electronic Trading Platform. A person that has joined the Regulation accepts any subsequent amendments (addition) hereto made in accordance with the conditions hereof.
2.4. After accession to the Regulation, the Electronic Trading Platform Operator and the Party that has joined the Regulation enter into the relevant contractual relations for an unlimited period of time.
2.5. By joining the Regulation, the Applicant for registration confirms its consent with the conditions hereof and the fact that the Regulation does not contradict the laws of the Russian Federation, deprive the Applicant of the rights granted by the law, exclude or limit the Operator’s responsibility for breach of its obligations.
2.6. By joining the Regulation, the Applicant that is the Procurement Authority / Trader (of the procurement/sales procedure) confirms the fact that the procurement/sales procedure determined by this Regulation does not contradict the procurement/sales regulation of the Procurement Authority / Trader.
3. Regulation Termination Procedure
3.1. This Regulation may be terminated at the discretion of any Party in the following cases:
• by one of the Parties on its free will;
• breach of the conditions hereof by one of the Parties.
3.2. In case of termination of the Regulation, the initiating Party shall notify the other Party of its intentions in the written form thirty (30) calendar days before the date of termination hereof. The Regulation shall be considered terminated upon the performance of the Parties’ obligations.
3.3. Termination of the Regulation shall not release the Parties from performing their obligations that arose before the specified date of termination of the Regulation and from the responsibility for failure to fulfil or improper fulfilment of its conditions.
4. Amendments (additions) to the Regulation
4.1. Amendments (additions) to the Regulation, as well as to appendices hereto, shall be made by the Operator unilaterally.
4.2. The Operator shall publish a notification of the mentioned amendments (additions) at the electronic platform on a mandatory basis
4.3. Any amendment (addition) made to the Regulation due to changes in the applicable laws of the Russian Federation shall come into force simultaneously with the amendments (additions) to the specified laws.
4.4. Any amendment or addition to the Regulation from the moment of its entry into force applies to all persons that joined the Regulation, including those which joined the Regulation before the amendment (addition) came into force. In case of disagreement with the amendment (addition) a Party to the Regulation shall be entitled to terminate the Regulation according to the procedure specified in Section 3 hereof before such amendment (addition) comes into force.
4.5. All appendices, amendments and additions to the Regulation are its components and integral parts.
5. Electronic Trading Platform, Requirements to the User’s Automated Workstation
5.1. Standard web-browsers may be used to access the Electronic Trading Platform.
5.2. The Electronic Trading Platform processes not less than 5000 HTTP requests per hour for any web-pages of the Electronic Trading Platform. Average response time of the software supporting the Electronic Trading Platform from the moment of the HTTP request until the start of the requested data transmission does not exceed 4000 ms. Maximum response time at a load of not more than 5000 HTTP requests per hour for any web-pages of the Electronic Trading Platform does not exceed 15000 ms.
5.3. Electronic Trading Platform is in continuous operation 24 hours a day, 7 days a week according to the schedule determined by the Operator, except for maintenance periods.
5.4. ETP automatically notifies all Users of maintenance periods by placing the relevant information in the Public Area of the website.
5.5. System interface supports 2 languages: Russian and English.
5.6. Letters and symbols from foreign languages may be used for publishing of information at the Electronic Trading Platform only in case the use of Russian letters and symbols would cause miscommunication of such information, in particular when indicating Internet websites and e-mail addresses.
5.7. Each ETP User is provided with a Personal Account accessible only by this User.
5.8. The system ensures generation, storage and processing of electronic documents submitted by the Users.
5.9. To work with the ETP the User’s employee shall have an automated workstation, which is a single desktop computer or laptop. Recommended configuration:
a. an Intel Pentium processor or its analogue with a clock frequency of at least 233 MHz,
b. not less than 512 Mb of random access memory,
c. 200 Mb of hard disc free space or more,
d. a monitor with a resolution of 1280х800 or more,
e. Software requirements:
• Microsoft Windows 2000 SP4 (XP SP2) Professional or a later version;
• document creation software (MS Office, WordPad);
• file compression (archiving) tools (RAR, ZIP, WINZIP).
5.10. All Internet Explorer add-ons (such as Skype, ICQ, etc.) shall be disabled for correct ETP operation, as they may cause changes in the structure of the generated electronic documents.
5.11. All standard browsers may be used to view the pages during the work with the ETP: Internet Explorer, Opera, Chrome, Firefox, Safari, etc. In case errors occur or the pages are displayed incorrectly it is necessary to change the browser for the recommended one, IE (see the workplace requirements in the ETP operation regulation).
6. Electronic Document Management
6.1. Trading procedures announced and conducted at the ETP are executed only in the electronic form by means of electronic document management. All documents and information associated with obtaining the registration at the ETP and tendering and procurement procedures, including submission of bids and pricing proposals, shall be delivered electronically via ETP.
6.2. In accordance with the conditions of this Regulation, electronic documents exchange via ETP shall be considered legally valid.
6.3. Time of creation, receipt and issue of all electronic documents is registered by the time of the server used for ETP operation.
7. Liabilities and Disputes
7.1. ETP User shall be entitled to:
7.1.1. Publish procurement notices at the ETP according to the procedure established by this Regulation and procurement documents.
7.1.2. Participate in the procurement procedures carried out at the ETP to which the User is admitted according to the procedure established by this Regulation and procurement procedure documents.
7.1.3. Provide suggestions regarding the ETP improvement to the Operator.
7.2. ETP User shall be obliged to:
7.2.1. Comply with the rules specified in this Regulation during its actions at the ETP.
7.2.2. Timely update the company information provided during registration at the ETP, including the company details, information on the proposed and/or consumed goods, works and services, and timely publish the current documents provided during registration at the ETP.
7.2.3. Carry out trading procedures at the ETP with the purpose of procurement of goods, works and services only in the electronic form by means of electronic document management.
7.2.4. Ensure non-disclosure of the ETP User login and password provided for access to the ETP. If the User suspects unauthorized use of the login and password by third parties, such cases shall be immediately reported to the Operator.
7.3. ETP Operator shall be entitled to:
7.3.1. Verify the information provided by the ETP User for adequacy.
7.3.2. Control the electronic document flow and actions carried out at the ETP in terms of compliance with the applicable laws, this Regulation and ETP instructions, and provide the required recommendations to the ETP Users.
7.3.3. Cancel the access to the Personal Account of the ETP Users that failed to comply with the rules specified in this Regulation or suspend the ETP User’s activity until the violations are fully eliminated.
7.3.4. ETP Operator shall be entitled to cancel the access to the Personal Account of the ETP User unilaterally or publish the information on the User at ETP in the following cases:
• by decision of a court;
• the User fails to fulfil or improperly fulfils its obligations to the Operator;
• the ETP User is included into the Register of Unfair Suppliers that can be found on the Internet website: http://zakupki.gov.ru.
• the ETP User is under bankruptcy proceedings;
• a criminal case is initiated against the management of the ETP User associated with the User’s activities at the ETP.
7.3.5. Upgrade the ETP, improve its functions and update this Regulation.
7.4. ETP Operator shall be obliged to:
7.4.1. Provide technical possibility and equal access rights to the ETP Users for participation in open procurement procedures conducted at the ETP, including access to the information on such open trading procedures.
7.4.2. Provide uninterrupted tendering process and operation of the hardware and software used for trading procedures in accordance with the requirements of the Russian law.
7.4.3. Ensure storage of all required electronic documents for five years from the approval of the tendering results report.
7.5. ETP User shall be liable for:
7.5.1. ETP User shall be liable for failure to comply with the Regulation which resulted in violation of the rights of third parties.
7.5.2. ETP User shall be liable for adequacy of the information published and provided during its activities at the ETP.
7.5.3. Any actions carried out by the ETP User correctly signed in at the ETP with the login and password shall be considered as the actions of the corresponding ETP User that was provided with these login and password, and the relevant rights and obligations are assigned to the User.
7.5.4. ETP User shall be fully liable for failure to perform or improper performance of its obligations.
7.5.5. ETP User is liable for non-disclosure of the login and password provided for its access to the ETP and for losses that may arise due to unauthorized use of the login and password by third parties as well as for any third parties’ actions carried out using the login.
7.6. The Operator shall not be liable for:
7.6.1 Any damages or other losses incurred by the ETP User due to inadequacy of the User’s hardware complex required for the activities at the ETP in accordance with the ETP technical requirements, namely:
• the ETP User’s deficiency in computer equipment with the necessary set of software and technical capabilities to meet the requirements of ETP;
• software and hardware limitations, as well as pre-settings of the User's computer equipment which hindered the User’s activities at the ETP;
• User’s inability to work at the ETP due to infection of the User's computer with malware (viruses);
• shortcomings in the operation of network systems and restrictions imposed by the ETP User, as well as failures in the User’s hardware complex, which led to unregulated and unexpected temporary disconnections of the User from the Internet and prevented the User from proper operation;
• shortcomings in the network systems and restrictions imposed by the Provider (the company providing the ETP User with Internet accesses), as well as failures in the User’s hardware complex, which led to unregulated and unexpected temporary disconnections of the User from the Internet and prevented the User from proper operation at the ETP;
7.6.2 Any damages or other losses incurred by the ETP User, if they arose due to improper use of information that corresponds to the ETP User activities and regulates the relations between the Operator and ETP User such as:
• poor knowledge of the Regulation by the User's employees, their neglect of any requirements and procedures listed in the Regulation;
• unsafe storage of the login and password, handing over the information on ETP login and password to third parties that are unauthorized and unqualified to work at the EPT by the ETP-responsible employee, unless authorised to do so by the User's management.
• actions performed at the ETP on behalf of the ETP User by third parties who gained access to the ETP;
7.6.3 The content of the Procurement Notice and procurement documentation prepared and posted by the Procurement Authority;
7.6.4 The established time limits and the Procurement Authority’s actions performed in accordance with its internal documents which regulate the procurement process for goods, works and services related to the clarification of the procurement documentation provisions, changes to the procurement documentation and cancellation of the procurement procedure;
7.6.5 The content of bids submitted by the Bidder.
7.6.6 The actions of the Procurement Authority on examination, acceptance and rejection of a bid, the content of the Bid Examination Protocol, deadlines for sending this Protocol to the Operator and other activities of the Procurement Authority related to the processing of bids.
7.6.7 The conclusion (non-conclusion for any reason) of the contract between the Procurement Authority and the Bidder based on the procurement procedures conducted at the ETP; for the reciprocal compliance of the parties with the contract concluded as a result of the ETP procurement procedures.
7.6.8 If, through the fault of the ETP User (the User’s personnel), the information posted thereby becomes known to third parties who use it to inflict harm on the User.
7.6.9 In case of non-compliance with this Regulation or other agreements reached, the Operator and the ETP User shall be held liable in accordance with the applicable laws of the Russian Federation.
7.6.10 Disputes between Bidders and Procurement Authorities on procurement procedures conducted at the ETP in accordance with this Regulation and applicable ETP user instructions shall be considered by the parties (the Procurement Authorities and Bidders) bilaterally, without the involvement of the Operator.
7.6.11 The provisions of this Regulation can not be construed as any limitation of the Procurement Authorities and Bidders’ right to apply to court or other relevant authorities.
8 Electronic Trading Platform Registration
8.1 To ensure access to participation in an open tender, the Operator shall conduct registration on the electronic platform. Registration at the electronic platform is carried out free of charge.
8.2. In the public area of the platform, the Operator shall make available:
• application forms for registration at the ETP;
• this Regulation as amended
The forms include an application form for registration of a resident legal entity of the Russian Federation and non-resident, an application form for registration of a natural person including an individual entrepreneur.
8.3 To get registered at the e-platform, an applicant shall fill out an application form for registration and provide the operator with the following documents and information:
• an application for registration;
A resident legal entity shall submit:
• a copy of an extract from the Unified State Register of Legal Entities valid on the day of the registration application submission (for legal entities), a copy of an extract from the Unified State Register of Individual Entrepreneurs valid on the day of the registration application submission (for individual entrepreneurs);
• copies of constituent documents (for legal entities), copies of identification documents (for natural persons);
• tax reference number;
• E-mail address for the Operator of the Electronic Trading Platform to send email notifications in accordance with this Regulation;
• copies of documents confirming the powers of the executive authority (for legal entities).
A non-resident legal entity shall submit:
• an extract from the Trade Register indicating the persons entitled to represent the company (authorized to sign on behalf of the Company) or a Tilaajavastuu report;
A natural person shall submit:
• a copy of an identification document
An individual entrepreneur shall submit:
• a copy of an identification document;
• a copy of an extract from the Unified State Register of Individual Entrepreneurs;
8.4. The documents and information specified in para. 8.3. of this Regulation shall be signed by the executive head or his/her authorized representative and certified by the legal entity or the individual entrepreneur seal (for legal entity or individual entrepreneur applicants), or personally signed by the natural person (for natural person applicants).
8.5. The User is responsible for the adequacy of the information provided in the documents, as well as for actions performed on the basis of the specified documents and for timely update of the documents and information.
8.6. Upon receipt of the application for registration specified in para. 8.3 of the Regulation, the Operator shall register the application and the submitted documents in the logbook, assign a number thereto and indicate the time of submission. Within three (3) business days after the submission of the application for registration, the ETP Operator shall take a decision, whether to approve or refuse registration and inform the Applicant on the decision taken.
8.7 The Operator has the right to refuse registration of an Applicant, if:
• the documents and information specified in para. 8.3 of the Regulation have not been provided;
• the documents provided by the Applicant do not comply with the established requirements or contain unreliable information;
• the Applicant has provided incorrect or incomplete information.
8.8 Upon refusal in registration, the ETP Operator shall send a notification to the Applicant with the grounds for this decision indicating the missing documents and/or information or substantiating that the documents/information do not comply with the established requirements or contain inaccurate information. The Applicant who was refused registration has the right to file another application for registration having eliminated the committed violations.
8.9 If the registration is approved, a notice on registration, which contains the Applicant’s identification data to enter the ETP (user name and password), is sent to the e-mail address of the Applicant. From the moment of the registration, the Applicant is considered a User of the ETP.A person registered at the Electronic Trading Platform is a person registered at the ETP in accordance with the procedure prescribed by this Regulation.
8.10. Each registered person is granted a Personal Account at the ETP, to which only he/she has access. The Personal Account of a registered person provides such person with quick access to all the information that is intended for him/her personally and to all the functions available.
8.11 After the submission of the application for registration at the ETP, the Applicant shall be considered to have full knowledge of this Regulation and have accepted the requirements and procedures set forth therein.
8.12 Registration of a person may be suspended or revoked by the Operator, if the person violates the requirements of this Regulation or contractual obligations. In this case, the person loses the status of an ETP Member.
9 ETP Procurement Methods
9.1 ETP supports the automation of procurement and other competitive procedures with electronic applications in the following ways:
• Pre-Qualification (PQ)
• Multi-stage Request for Proposals
9.2 The procedure for procurement and other competitive procedures, their application, conclusion and execution of contracts, as well as other procurement-related provisions, are defined by the Procurement Authority internal documents including the Civil Code of the Russian Federation.
10 Placing of Procurement Procedure
10.1 The following information may be posted at the ETP:
• Procurement Notice and amendments thereto;
• Procurement Documentation and amendments thereto;
• Draft Contract to be concluded as a result of procurement;
• clarification on the Procurement Documentation;
• Procurement Cancellation Notice
• Minutes of the Procurement Procedure;
• other information to be provided as per the Regulation.
10.2 A Procurement Notice shall be developed by a Procurement Authority from his/her Personal Account via standard ETP interface. The Procurement Authority has the right to determine the number of lots in the Procurement Notice.
10.3 The Procurement Notice shall contain the following information:
• name, address, postal address, email address, contact phone number of the Customer;
• procurement method;
• scope of the contract, with the amount of goods to be supplied, the scope of works to be performed and services to be rendered;
• place of goods delivery, work performance, service rendering
• requirements for the bidders;
• requirements for goods, works, services;
• time, place and procedure for submission and clarification of procurement documentation;
• initial (maximum) contract price;
• start and end date and time for submission of applications for participation in the procurement procedure;
• form of procurement (open or closed);
• reduction step (in the case of price rebidding);
• date and time of examination of bids and summarization of the procurement;
• the amount of bid security (in cases envisaged by the procurement documentation);
• requirement to ensure performance of the contract concluded on the basis of the procurement procedure (in cases envisaged by the procurement documentation).
10.4 The Procurement Authority has the right to make changes to the Procurement Notice including the changes related to a particular lot within the time established by law and the procurement documentation. The Procurement Authority shall amend the Procurement Notice and notify the Users about the introduced changes by means of the standard interface in accordance with the ETP Regulation and user documentation.
10.5. The Procurement Authority has the right to cancel the Procurement Procedure including that with respect to a particular lot within the time established by the legislation of the Russian Federation and the procurement documentation. In cases when the Procurement Authority cancels a procurement (lot), but fails to meet the time limits established by law or in procurement documentation, the Procurement Authority shall be liable in accordance with the legislation of the Russian Federation.
10.6 The Procurement Authority may attach procurement documentation to the Procurement Notice.
10.7 The Procurement Authority is responsible for the accuracy of documents and data posted thereby at the Electronic Trading Platform. When information entered by the Procurement Authority in the standard forms of the Electronic Trading Platform contradicts the document attached, the information provided in the standard forms is predominant.
11 Bid Submission Procedure
11.1 The Bidder shall submit a bid from his/her Personal Account via standard ETP interface.
11.2 The Bidder has the right to submit a bid for any of the procurement procedures (for each lot) which has a Procurement Notice posted at the ETP, unless otherwise provided by the Procurement Notice or procurement documentation.
11.3 Bids shall be submitted only within the time limits specified in the Procurement Notice.
11.4 The Bid shall submitted as an electronic document via standard ETP interface. Documents and information provided by the Bidder during registration will be transferred to the Bidding Form automatically.
11.5 The Bid shall contain documents prescribed by the Procurement Notice and procurement documentation.
• the Bidder submits the second bid for same subject of contract (lot), provided that the previously submitted bid has not been retracted;
• it is being submitted after the bid acceptance period has expired;
• the Bidder has filled the Bidding Form incorrectly or has not filled the fields required.
If the system does not accept the Bidding Form, the Bidder is notified with a corresponding error message.
11.9 Bid retraction and amendment is performed by the Bidder from its Personal Account.
12 Procedures for Bid Access, Bidders Determination and Selection of Successful Bidder
12.1 After the bid acceptance time expires, on the date and time of the bid access procedure start (established in the Procurement Notice by the Procurement Authority), the Operator shall grant the Procurement Authority with access to the submitted bids and documents from its Personal Account.
12.2 The Procurement Authority shall examine the submitted bids and prepare a bid access protocol (for each lot) which shall contain the list of accepted bids (with the names of the bidders and the date and time of bid submission) and the list of rejected bids.The Procurement Authority shall publish the bid access protocol at the public area of the ETP.
12.3 Following the procedure prescribed by the Procurement Regulation, the Procurement Authority shall allow participation to only those Bidders whose bids and documents attached thereto comply with the requirements of the Procurement Notice and procurement documentation.
12.4 The Procurement Authority shall refuse admission to the procurement on the grounds and in the manner envisaged by the Procurement Regulation.
12.5 Within the time limits specified in the Procurement Notice and/or procurement documentation, the Procurement Authority shall decide on the admission (refusal of admission) to the procurement of the Bidders, who have submitted their bids. To do so, the Procurement Authority via the standard interface shall prepare a protocol on the recognition of applicants as bidders. The protocol shall contain the list of bidders eligible to participate in the procurement, as well as the list of applicants who were denied admission to the procurement, with the grounds of such decision specified therein. The Procurement Authority shall publish the recognition protocol at the public area of the ETP.
12.6 The procedure for selecting a Successful Bidder shall be carried out in accordance with the Procurement Regulation.