PROTOCOL No. 02B/16-1 Opening of envelopes with open tender bids City of Moscow 13 June 2013 1. Contract Giver: Eurasian Economic Commission 2. Legal address: 1, 3/5 Smolenskiy Blvd., 119121, Moscow 3. Title: Open tender to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic: “Studying the Issues of Measurement Unification within the Customs Union and the Common Free Market Zone and Developing Proposals on Harmonization of Measurement Unification Legislations in the Member-States of the Customs Union and the Common Free Market Zone to Provide for Comparable Results of Evaluation (Validation) of Product Compliance with the Customs Union Technical Regulations.” 4. Initial (maximum) contract price: 6,255,660 (six million two hundred fifty five thousand six hundred sixty) roubles 00 kopecks, VAT 0%. 5. The composition of the Bidding Commission (as per Order No. 158 of 22 May 2013 of the EEC Board Chairman). The bid opening session of the Bidding Commission was attended by: Chairman of the Bidding Commission, Contract Giver’s representative Vasiliy Borisovich Boitsov Deputy Chairman of the Bidding Commission Arina Viktorovna Molokova Secretary of the Bidding Commission Svetlana Alexeevna Bondarenko - Director of the Department of Technical Regulation and Accreditation; - Deputy Director of the Department of Technical Regulation and Accreditation; - 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 Technical Regulation 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 six members of the bidding commission out of eight, the quorum gathered. 6. The bid opening procedure took place on 13 June 2013 at 10.00 a.m. (Moscow time) at the address: 1, 12 Yakovoapostolskiy Ln., 105064, Moscow. 2 7. By the bidding deadline specified in the open tender notification (13 June 2013, 10 a.m. Moscow time), three (3) sealed envelopes with bids were submitted and registered in the Open Tender Bid Log (Annex No. 1 to Bid Opening Protocol No. 02в/16-1 of 13 June 2013). 8. The bid opening procedure was attended by tenderers’ representatives who were registered in the Register of Tenderer’s Representatives (Annex No. 2 to Bid Opening Protocol No. 02в/16-1 of 13 June 2013). 9. As required in the open tender notification, immediately before envelopes with open tender bids were opened the Chairman of the bidding commission declared in the presence of tenderers’ representatives attending the bid opening procedure that open tender bids could be submitted, amended or withdrawn before the opening of envelopes. 10. There were no amendments, withdrawals or any other applications immediately prior to the opening of envelopes. 11. 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 Opening Protocol No. 02в/16-1 of 13 June 2013). 12. The Chairman of the Bidding Commission announced the following information concerning the submitted bids: 12.1. Names and postal addresses of tenderers; 12.2. Availability of data and documents specified in the open tender notification; 12.3. 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, 4.08 p.m. Tenderer Full name: Federal State Unitary Enterprise “All-Russia Research Institute of the Metrological Service” Short name: FSUE RRIMS Postal address List of documents specified in the open tender notification and included into the bid Protocol No. 02В/16-1 46 Ozernaya St., 119361, Moscow 1. List of documents 2. Open tender bid (Form No. 2) 3. Tenderer’s data (Form No. 6) 4. Notarized copy of an extract from the Unified State Register of Legal Entities No. 6850334_УД of 30 April 2013 5. Copy of certificate series 77 No. 007180719 confirming that the legal entity was entered into the Unified State Register of Legal Entities before 1 July 2002 6. Copy of certificate series 77 No. 014134919 of 16 March 2012 confirming that an entry was made in the Unified State Register of Legal Entities, Form No. P50003 for registration of amendments to the legal entity’s constituent documentation 7. Copy of order No. 481-к of 18 December 2012 extending the labour contract of FSUE RRIMS Director S.A. Kononogov 8. Copy of the Articles of the Federal State Unitary Operating Enterprise “All-Russia Research Institute of the Metrological Service” No. 6389 of 20 December 2011 9. Copy of State Registration Certificate No. 021.293 of 19 January 3 1993 10. Copy of the Certificate of State Registration of Title, series 77AK No. 387012 of 29 September 2009 11. Copy of the Certificate of registration of a Russian entity with a tax authority at the entity’s location within the Russian Federation, series 77 No. 013512116 of 10 February 2003 12. Copy of the balance sheet as of 31 December 2012 13. Certificate No. 2885 concerning performance of taxpayer’s obligations in connection with payment of taxes, dues, insurance contributions, penalties and tax sanctions (no debts as of May 06, 2013) 14. Documents evidencing 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, and etc.) (attached to Form No. 4) 15. Tenderer’s proposals concerning the contract execution terms used as criteria for evaluation of open tender bids (Form No. 5) 16. R&D quality proposals and any other contract execution proposals (Form No. 3) 17. Tenderer’s competence data (Form No. 4) 18. Copy of informational letter No. 1-17-26/58559 of 01 November 2011 confirming registration in the Statistical Register of the Federal State Statistics Service 19. Copy of the Certificate confirming recognition of the QSF-R18 quality management system in compliance with ISO/ IEC 17025 standard, dated 14 October 2010 20. Copy of the Certificate of Accreditation of a state instrumentation testing center (testing, measurement laboratory) with an attachment of 07 June 2008 21. Copy of the Certificate of Accreditation in the field of measurement unification for works concerned with calibration of measurement facilities as listed in the attached Accreditation Scope No. 000126 of 07 February 2011 22. Copy of the Certificate of Accreditation entitling to certification of methodologies for measurements and metrological expertise of documents, issued to FSUE RRIMS, with attached Accreditation Scope No. 000375 of 29 June 2011 23. Copy of the Certificate of Accreditation entitling to calibration works with an attachment 24. Power of attorney for submission of documents issued to L. A. Filimonova 25. Power of attorney for submission of documents issued to D. Yu. Rassamakhin 26. Certificate of a scheduled tax audit in FSUE RRIMS Contract execution terms used as criteria for evaluation of open tender bids The offered contract price is 4,950,000 (four million nine hundred fifty Contract price, thousand) roubles. roubles Works quality Protocol No. 02В/16-1 Works quality and bidder’s competence 1. Introduction The contractual and legal basis for the Customs Union and the Common Free Market Zone in the field of technical regulation within the Customs Union is formed by the Agreement on Unified Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation dated 18 November 2010. 4 Based on clause 5, Article 2 of the Agreement on Unified Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation dated 18 November 2010 (hereinafter – the Agreement), the member-states of the Customs Union and the Common Free Market Zone shall implement a coordinated policy intended to ensure measurement unification. By now, the provisions of the said Agreement have not been implemented, whereas a coordinated measurement unification and legislation harmonization policy in the member-states of the Customs Union and the Common Free Market Zone is essential for implementation of Customs Union technical regulations in terms of providing for comparability of results obtained based on tests and measurements carried out as part of compliance evaluation (validation). By the moment, 31 technical regulations have been adopted for the Customs Union, with 8 of those enacted in 2012 and 13 more Customs Union technical regulations to come into force in 2013. Measurement unification will sure contribute to consistent application of the Customs Union technical regulations in the member-states of the Customs Union and the Common Free Market Zone. 2. Research purpose The research purpose is to provide for a comprehensive analysis of national legislations on measurement unification issues in the member-states of the Customs Union and the Common Free Market Zone and identification of their differences and inconsistencies as well as to prepare proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for legislation harmonization levels established, and to develop proposals on a draft measurement unification agreement. 3. Research objectives 1) Providing for an analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 2) Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 3) Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4. Preparing proposals on a draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 4. Research scope The research shall comprise one stage only. 1) Analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Protocol No. 02В/16-1 5 Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 2) Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 3) Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4) Preparing proposals on a draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 5. Research deliverables Based on the results of the research project, a report is to be executed, comprising data as follows: 1) Data resulting from the analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 2) A list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 3) Proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4) A draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 6. Major R&D requirements Research shall be in compliance with the purpose and objectives as set and shall be based on reliable data. Developed recommendations and proposals shall be concise and actionoriented. The research project shall be implemented as required by the Research Project Contract and the Procedure for Arrangement of Research-Associated Activities in the Eurasian Economic Commission as approved by Order No. 231 dated 27 July 2012 of the Chairman of the Eurasian Economic Commission Board. By its technical level, R&D works shall be up to major scientific and technological trends and shall be carried out with application of modern research methods. Rights to the R&D deliverables shall belong to the Eurasian Economic Commission and can be exercised only subject to the Contract Giver’s Protocol No. 02В/16-1 6 consent. The Contractor shall be obliged to notify the Contract Giver on each deliverable obtained in the course of the R&D activities which is subject to legal protection, providing for substantiation of such protection. Positive research output, property rights owned by a contender and forming the basis for performance under the contract, including copies of title establishing documents shall be submitted together with an open tender bid. Bidder’s competence a) Quantity of works similar (equivalent) to the open tender subject performed by the bidder over the last 5 years concerning implementation of product-specific mandatory requirements and measurement unification b) Quantity of permanently employed executors (for legal entities) awarded a Cand. Sc. or PhD title (in law, economics) c) Quantity of permanently employed executors (for legal entities) fluent in the European Commission working languages (English, German, French) d) Experience in development of draft regulations for the Customs Union and the Common Free Market Zone intended to provide for implementation of product-specific mandatory requirements and measurement unification Execution terms Twenty seven (27) research projects 1. Twelve (12) people FSUE RRIMS staff involved in the project: 4 PhDs, 8 Candidates of Engineering Science, and highly qualified employees specializing in the research project subject. 6 (six) people Since September 2011, FSUE RRIMS has been developing the Customs Union technical regulation “On Requirements to Water, Gas, Heat Energy and Electricity Metering Systems and Devices.” Seventy five (75) consecutive days following the contract conclusion date Bid No. 2 date and time of the bid arrival: 11 June 2013, 4.48 p.m. Protocol No. 02В/16-1 7 Tenderer Full name: Independent Non-Commercial Organization National Institute of System Research of Entrepreneurial Issues Short name: NCO NISREI Postal address build. 1, 6/9/20 Rozhdestvenka St., 107031, Moscow List of documents attached to the bid Open tender bid (as per Form No. 2 Section III) Tenderer’s data (as per Form No. 6 Section III) Notarized copy of the extract from the Unified State Register of Legal Entities of 24 May 2013 5. Protocol of the Management Board Meeting of 11 October 2012 (concerning election of the Chairman) 6. Order No. НИС00000003/1 of 12 October 2012 concerning the appointment of the Director General E.G. Litvak 7. Copy of the Articles 8. Copy of the certificate of registration in the Unified State Register of Legal Entities 9. Copy of the state registration certificate 10. Copy of the certificate of registration with a territorial tax authority 11. Copy of the informational letter of registration in the Statistical Register of the Federal State Statistics Service 12. Copy of the notice of insurance contributions (confirmation of primary activities) 13. Balance sheet for the last reporting period certified by the tax authorities and bearing the company’s seal and the head’s signature 14. Certificate No. 45091 concerning performance of taxpayer’s obligations in connection with payment of taxes, dues, insurance contributions, penalties and tax sanctions (no debts as of 04 June 2013) 15. Information on the organizational structure (staff size, structural subdivisions, and etc.) – staffing chart 16. Tenderer’s competence data (as per Form No. 4 Section III) 17. Documents evidencing 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) 18. Tenderer’s proposals concerning the contract execution terms used as criteria for evaluation of open tender bids (as per Form No. 5 Section III) 19. 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 The offered contract price is 6,055,660 (six million fifty five thousand six Contract price, hundred sixty) roubles. roubles List of documents specified in the open tender notification and included into the bid Works quality Protocol No. 02В/16-1 1. 2. 3. 4. Works quality and bidder’s competence 1. Introduction (a brief overview of the issue state) To provide for efficient functioning of the Customs Union and, later, for formation of a Common Free Market Zone a unified technical regulation system is required. On 18 November 2010, the member-states of the Customs Union signed and ratified the Agreement on Unified Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation (hereinafter – the Agreement), delegating, to a supranational level, the powers of 8 establishing mandatory requirements to products included in the Uniform List of Products Subject to Mandatory Requirements Adopted within the Customs Union. For further development of the technical regulation system, it is essential to provide for a regulatory framework governing practical activities in the field since the said agreement is a framework one. Based on clause 5, Article 2 of the Agreement, the member-states of the Customs Union and the Common Free Market Zone shall implement a coordinated policy intended to ensure measurement unification. The measurement unification and the reference base are mainly intended to provide for reliable and comparable measurement data usable for the purposes of national economies and trade, health care and environmental protection, defense and security, for protection of rights and legal interests of citizens, legal entities, individual entrepreneurs and national governments against the negative effects of incorrect measurement data as well as to improve, based on new physical principles, the state reference base which ensures measurement and control of new innovative products, materials and substances in priority sectors of Russian economy. In each member-state of the Customs Union and the Common Free Market Zone, measurement unification is achieved by means of a state system of measurement unification which comprises an interconnected complex of legal and technical regulatory documentation, reference measurement units as well as executive bodies, companies, entities, and other duly authorized organizations appointed by Governments of the member-states supporting, ensuring and implementing the system of governmental regulatory measures as established in the legislation of each member-state to achieve and maintain measurement unification. By now, the said provisions of the Agreement have not been implemented, whereas a coordinated measurement unification and legislation harmonization policy in the member-states of the Customs Union and the Common Free Market Zone is essential for efficient implementation of Customs Union technical regulations in terms of providing for comparability of results obtained based on tests and measurements carried out as part of compliance evaluation (validation). By the moment, 31 technical regulations have been adopted for the Customs Union, with 8 of those enacted in 2012 and 13 more Customs Union technical regulations to come into force in 2013. Measurement unification will sure contribute to consistent application of the Customs Union technical regulations in the member-states of the Customs Union and the Common Free Market Zone. To establish uniform measurement unification approaches within the Customs Union it would be reasonable to provide for interaction under the frameworks of effective agreements on measurement unification within the Customs Union by harmonizing legislations in the member-states of the Customs Union and the Common Free Market Zone, including in the field of governmental metrological supervision control. Besides, within the Customs Union, it is essential to consider possible drafting of a Measurement Unification Agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. This research project is intended to provide for uniform measurement unification approaches within the Customs Union. Protocol No. 02В/16-1 9 2. Research purpose (project purpose specification) The research purpose is to provide for a comprehensive analysis of national legislations on measurement unification issues in the member-states of the Customs Union and the Common Free Market Zone and identification of their differences and inconsistencies as well as to prepare proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for legislation harmonization levels established, and to develop proposals on a draft measurement unification agreement. 3. Research objectives (specification of major objectives to be accomplished and input data) 1) Providing for an analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 2) Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 3) Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4) Preparing proposals on a draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. Input data for the research project included: - international documents in the field of measurement unification; - effective documents and documents under development of the Customs Union, the Eurasian Economic Commission, the CIS which govern technical regulation activities (in particular, in the field of measurement unification); - measurement unification laws as adopted in the member-states of the Customs Union and the Common Free Market Zone. 1) Russian Federation laws: - Federal Law No. 184-FZ of 27 December 2002 (as amended on 03 December 2012) “On Technical Regulation”; - Federal Law No. 102-FZ of 26 June 2008 (as amended on 28 July 2012) “On Ensuring Measurement Unification”; - Russian Federation Administrative Offense Code No. 195-FZ of 30 December 2001 (as amended on 07 May 2013); - RF Government Decree No. 246 of 06 April 2011 “On Governmental Metrological Supervision”; - RF Government Decree No. 250 of 20 April 2010 (as amended on 08 December 2012) “On a List of Measurement Facilities Calibrated Only by State Regional Metrological Centers Duly Accredited in the field of Measurement Unification”; - RF Government Decree No. 734 of 23 September 2010 “On Standard Protocol No. 02В/16-1 10 Measurement Units Used for Governmental Regulation of Measurement Unification”; - RF Government Decree No. 1057 of 22 December 2009 “On the Procedure of Payments for Measurement Unification Works and (or) Services at Controlled Prices”; - RF Government Decree No. 100 of 12 February 1994 (as amended on 02 October 2010) “On Providing for Works in connection with Standardization, Measurement Unification, Certification of Products and Services”; - RF Government Regulation No. 1760-р of 12 October 2010 “On the Concept for Establishing a Unified National Accreditation System in the Russian Federation”; - Order No. 418 of 16 April 2012 of Russia’s Industry and Trade Ministry “On Approval of an Administrative Regulation on the Federal Agency of Technical Regulation and Metrology Performing the Public Function of Federal-Level State Metrological Supervision” (registered with Russia’s Ministry of Justice on 13 July 2012 under No. 24906); - Order No. 529 of 17 June 2009 of the RF Industry and Trade Ministry “On Approving Russia’s Measurement Unification Strategy up to 2015”; - Methodological guidelines on the procedure for provision of accreditation services in the field of measurement unification by the Federal Accreditation Service” (as approved by the Russian Accreditation Service); - Major national standards on measurement unification issues; - Other documents concerned with measurement unification. 2) Laws of the Republic of Belarus: - Law of the Republic of Belarus No. 262-Z of 5 January 2004 “On Technical Norming and Standardization”; - Law of the Republic of Belarus of 5 September 1995 “On Ensuring Measurement Unification”; - Administrative Offense Code of the Republic of Belarus No. 194-Z of 21 April 2003; - Decree of the Council of Ministers of the Republic of Belarus No. 715 of 30 May 2007 “On Approval of Provisions on the Procedure for Governmental Control of Compliance with Requirements of Technical Regulations and Provisions on the Procedure for Ensuring Governmental Metrological Supervision”; - Decree of the State Standardization Committee of the Republic of Belarus No. 7 of 15 February 2007 “On Approval of Provisions on the State Metrological Service”; - Decree of the State Standardization Committee of the Republic of Belarus No. 17 of 16 March 2007 “On Approving a List of Scopes in the field of Legislative Metrology”; - TB 8000-2000 (RB state standard) “Measurement Unification System in the Republic of Belarus. Basic Provisions”; - STB 8001-93 “Measurement Unification System in the Republic of Belarus. State Tests of Measurement Facilities. Basic Provisions. Testing Arrangement and Procedure;” - TR 2007/003/BY (technical regulation) “Measurement Units Allowed for Application in the Republic of Belarus”; - STB 8002-93 “Measurement Unification System in the Republic of Belarus. Standard Measurement Units. Procedure for Development, Approval, Storage and Application”; Protocol No. 02В/16-1 11 - STB 8004-93 “Measurement Unification System in the Republic of Belarus. Metrological Certification of Measurement Facilities”; - Major national standards on measurement unification issues; - Other documents concerned with measurement unification. 3) Laws of the Republic of Kazakhstan: - Law of the Republic of Kazakhstan No. 603-II of 9 November 2004 “On Technical Regulation” (as amended on 06 March 2013); - Law of the Republic of Kazakhstan No. 53-II of 7 June 2000 “On Ensuring Measurement Unification” (as amended on 10 July 2012); - Law of the Republic of Kazakhstan No. 61-IV of 5 July 2008 “On Accreditation in the field of Compliance Evaluation” (as amended on 10 July 2012); - Administrative Offense Code of the Republic of Kazakhstan No. 155-II of 30 January 2001 (as amended on 06 March 2013); - Governmental Decree of the Republic of Kazakhstan No. 102 of 8 February 2011 “On the Strategic Plan of the Ministry of Industry and New Technologies of the Republic of Kazakhstan for 2011-2015” (as amended on 30 April 2013); - Governmental Decree of the Republic of Kazakhstan No. 1191 of 12 December 2006 “On Approval of a Development Programme for the State Measurement Unification System in the Republic of Kazakhstan for 20072009” (as amended on 20 January 2009); - Governmental Decree of the Republic of Kazakhstan No. 1129 of 31 August 2012 “On Approving Standards of Public Services Rendered by the Ministry of Industry and New Technologies of the Republic of Kazakhstan in the field of Technical Regulation and Metrology”; - Order No. 411 of 18 November 2005 of the Chairman of the Committee for Technical Regulation and Metrology of the Ministry of Industry and New Technologies of the Republic of Kazakhstan “On Approving Rules for Maintaining a Register of the State Measurement Unification System” (as amended on 01 July 2008); - Order No. 431 of 29 October 2008 of the Industry and Trade Minister of the Republic of Kazakhstan “On Approving a List of Measurement Unification Works Subject to Accreditation”; - Order No. 394 of 25 October 2012 of the First Vice-Minister of Industry and New Technologies of the Republic of Kazakhstan “On Approval of Provisions on State Agencies to Ensure Measurement Unification”; - Major national standards on measurement unification issues; - Other documents concerned with measurement unification; - Data from official sources: - official web-site of the Eurasian Economic Commission (http://www.eurasiancommission.org); - official web-sites of the Customs Union member-states; - official CIS web-sites; - reports, analysis findings published by state authorities, public and expert organizations; - monographic materials containing findings under the proposed line of research; - and other sources. 4. Research scope The research project shall comprise one stage only and activities as below: Protocol No. 02В/16-1 12 1) Analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. Research activities comprise: - analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states; - identification of legislation evolution trends. The analysis of the regulatory framework shall focus on the following major aspects: state measurement unification system (structure, description); governmental metrological supervision, testing of measurement facilities, calibration of measurement facilities, certification of measurement methodologies (methods), metrological expertise of documentation, and etc. 2) Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. Based on the results of the analysis as described under item 1), these activities are to include a correlation review of regulatory acts on measurement unification issues in the member-states of the Customs Union and the Common Free Market Zone. Activities as described under items 1-2 imply use of methods of comparative, including legal and benchmarking, analysis, institutional design technologies, impact assessment, as well as methods and techniques of legal drafting methodology, risk evaluation and assessment methods, Delphi approach, sociological methods, and logic simulation approaches. 3) Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. Based on the activities as described under items 1-2, proposals shall be developed, concerning harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone which are intended to establish a measurement unification system ensuring reproduction, storage and application of measurement units allowed within the single customs territory of the Customs Union. When developing proposals, the best international and European practices in the field of measurement unification shall be taken into consideration together with provisions from international treaties and agreements as listed in Table 1. Table 1. International treaties and agreements on measurement unification issues Type, designation Convention Protocol No. 02В/16-1 Date 20.05.1875 Place Paris Organization OMC Title Metric Convention 13 Convention 12.10.1955 Paris IOLM CIMP MRA Arrangement 14.10.1999 Paris International Committee on Weights and Measures Agreement 13.03.1992 Moscow Memorandum 12.06.1991 Warsaw Agreement 10.02.1995 Almaty Euroasian Interstate Council for Standardization, Metrology and Certification (EAICSMC) Euroasian Cooperation of State Metrological Institutions EAICSMC Agreement 09.10.1992 Bishkek EAICSMC Agreement Annex No. 21 to EAICSMC protocol No. 30-2006 07.12.2006 Astana EAICSMC Agreement 06.10.1992 Tashkent EAICSMC Agreement 06.10.1992 Tashkent EAICSMC Convention Establishing the International Organization of Legal Metrology (IOLM) Mutual Recognition of National Measurement Standards and Calibration and Measurement Certificates issued by National Metrology Institutes On Implementation of a Coordinated Policy in the field of Standardization, Metrology and Certification Memorandum of Cooperation On Exemption from Customs Duties, Taxes and Issue of Special Permits for Import of Regulatory Documents, Reference Standards, Measurement Facilities and Standard Samples for the purposes of Control and Metrological Certification On Cooperation for Ensuring Unification of Time and Frequency Measurements On Mutual Recognition of the Results of State Tests, Type Approval, Metrological Certification, Instrumentation Adjustment and Calibration as well as those of Accreditation of Laboratories Providing for Instrumentation Testing, Adjustment and Calibration On Cooperation for Generation and Application of Data on Physical Constants and Properties of Substances and Materials On Cooperation for Preparing and Using Standard Samples of Composition and Properties of Substances and Materials 4) Preparing proposals on a draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. A Draft Measurement Unification Agreement to be entered by the memberstates of the Customs Union and the Common Free Market Zone can stipulate the following: Establishing a measurement unification system ensuring reproduction, storage and application of measurement units allowed within the single customs territory of the Customs Union; Providing for functioning of national metrology institutes Protocol No. 02В/16-1 14 based on the Arrangement for Mutual Recognition of National Measurement Standards and Calibration and Measurement Certificates issued by National Metrology Institutes in terms of assessing technical competence of national metrology institutes; Establishing an integrated reference standards base for the Customs Union which would function based on the Metric Convention and Arrangements for mutual recognition of reference standards, calibration and measurement certificates; Creating a joint information resource on research (testing) and measurement methods essential for application and implementation of product-specific mandatory requirements as established in the Customs Union legislation; Creating a joint information resource on types of measurement facilities which passed state testing and were allowed for use within the single customs territory; Providing for mutually coordinated activities of national agencies responsible for time and frequency, standard samples, and standard reference data; Providing for mutually coordinated activities concerned with type approval, adjustment or calibration of measurement facilities, and certification of measurement methods. Before proceeding to drafting the Agreement on measurement unification to be entered by the member-states of the Customs Union and the Common Free Market Zone, the structure of the Draft Agreement and the content of its major sections shall be approved by the Contract Giver. 5. Research deliverables Based on the results of the research project, a report is to be submitted to the Contract Giver, comprising data as follows: 1) Data resulting from the analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 2) A list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the memberstates of the Customs Union and the Common Free Market Zone. 3) Proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4) A draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 6. Major R&D requirements Research shall be in compliance with the purpose and objectives as set and shall be based on reliable data. Developed recommendations and proposals shall be concise and action-oriented. The research project shall be implemented as required by the Protocol No. 02В/16-1 15 Research Project Contract and the Procedure for Arrangement of ResearchAssociated Activities in the Eurasian Economic Commission as approved by Order No. 231 dated 27 July 2012 of the Chairman of the Eurasian Economic Commission Board. By its technical level, R&D works shall be up to major scientific and technological trends and shall be carried out with application of modern research methods. Rights to the R&D deliverables shall belong to the Eurasian Economic Commission and can be exercised only subject to the Contract Giver’s consent. The Contractor shall be obliged to notify the Contract Giver on each deliverable obtained in the course of the R&D activities which is subject to legal protection, providing for substantiation of such protection. Positive output of previous research projects, property rights owned by a contender and forming the basis for performance under the contract, including copies of title establishing documents, shall be submitted together with an open tender bid. 7. Project management When implementing the research project, the following approaches shall be used: Analysis of available research-relevant data retrieved from public sources, including analysis of regulatory frameworks and guidelines; Accumulating comments by experts and representatives of state authorities by arranging informal interviews, and summarizing expert comments; Table and graphic data representation techniques; Developing proposals intended to accomplish the research objectives (based on the analysis findings). The research project implies use of methods of legal and benchmarking analysis, impact assessment as well as methods and techniques of legal drafting methodology, expert interviews and case studies. The research project shall use the following methods and approaches: - Delphi approach; - Institutional design; - Risk evaluation and assessment; - SWOT-analysis; - Benchmarking; - STEP-analysis. Efficiency and feasibility of such a methodology is due to the NISREI’s experience in information and analytical, methodological and organizational support of solutions and measures implemented by state executive bodies and other organizations concerned with technical regulation. NISREI shall, totally on its own, provide for material and technical facilities as required to implement the project, while serving the Contract Giver’s legal interests. NISREI guarantees contract execution within the term as prescribed in compliance with scopes of works as established and up to high quality standards. When implementing the project, NISREI shall interact with the state contract giver, in particular: shall provide, on a routine basis, for the Contract Giver’s Protocol No. 02В/16-1 16 approval of the form and content of materials prepared in the course of performance; upon the Contract Giver’s request, shall provide for updating of materials submitted to it in the course of performance, accounting for its comments and suggestions, and shall abide by any Contract Giver’s instructions/ orders as given in the course of performance in accordance with the contract. To ensure control of performance NISREI shall submit to the Contract Giver any documentation as required. If necessary, consultations and meetings shall be held to discuss intermediate output and formulate recommendations and instructions concerning project implementation. Quality control shall be ensured by the NISREI’s project manager and the project supervisor appointed by the Contract Giver’s representative. The institution’s quality control system envisages performance planning to be carried out at bid submission and coordination of activities throughout the entire project implementation term. The quality management system (QMS) introduced by NISREI shall provide for high-quality management and performance of works. High quality performance shall be also ensured as follows: by involvement of NISREI in updating of solutions proposed in the course of performance under the contract, if needed; by attending meetings arranged by the Contract Giver, if any; by consulting the Contract Giver on the phone; by consulting the Contract Giver via e-mail; by preparing expert opinions, if needed. Bidder’s competence a) Quantity of works similar (equivalent) to the open tender subject performed by the bidder over the last 5 years in connection with implementation of product-specific mandatory requirements and measurement unification b) Quantity of permanently employed executors (for legal entities) awarded a Cand. Sc. or PhD title (in law, economics) c) Quantity of permanently employed executors (for legal entities) fluent in the European Commission working languages (English, Protocol No. 02В/16-1 Twenty four (24) research projects similar (equivalent) to the open tender subject 18 permanently employed executors awarded a Cand. Sc. or PhD title (in law, economics) 18 permanently employed executors fluent in the European Commission working languages (English, German, French) 17 German, French) d) Experience in development of draft regulations for the Customs Union and the Common Free Market Zone intended to provide for implementation of product-specific mandatory requirements and measurement unification Execution terms Participated in 4 projects concerned with development of draft regulations for the Customs Union and the Common Free Market Zone intended to provide for implementation of product-specific mandatory requirements and measurement unification 110 consecutive days following the contract conclusion date Bid No. 3 date and time of the bid arrival: 13 June 2013, 09.09 a.m. Tenderer Full name: Republican Unitary Enterprise “Belarusian State Institute of Metrology” Short name: BelGIM Postal address List of documents specified in the open tender notification and included into the bid Protocol No. 02В/16-1 93 Starovilenskiy Trakt, 220053, Minsk, Republic of Belarus 1. List of documents attached to the bid 2. Open tender bid 3. Tenderer’s data 4. Extract No. 10-12/8030 of 15 November 2012 from the Unified State Register of Legal Entities and Individual Entrepreneurs 5. Copy of order No. 2-к of 16 January 1989 (concerning appointment of N.A. Zhagora as the Director) 6. Copy of order No. 241-л of 13 December 2011 (concerning conclusion of a labour contract with Director N.A. Zhagora) 7. Power of attorney No. 20-17/341 of 10 June 2013 authorizing L. A. Grechina to act on behalf of the tenderer 8. Copy of BelGIM’s Articles 9. Copy of the certificate of state registration as a commercial entity 10. Certificate of previous BelGIM’s names 11. Copy of the notice on assignment of a taxpayer identification number 12. Balance sheet for the last reporting period 13. Copy of the tax authority’s certificate confirming that the tenderer has no debts in connection with charged taxes, dues and other obligatory assignments (no debts as of 10 June 2013) 14. Information on the organizational structure and staff size 15. Tenderer’s competence data 16. Copy of N. A. Zhagora’s diploma awarding the Doctor of Engineering Science title 17. Copy of T. K. Zeziulina’s diploma awarding the Candidate of Engineering Science title 18. Copy of the certificate confirming accreditation of the scientific institution 19. Copies of acceptance acts under executed contracts 20. Tenderer’s proposals concerning the contract execution terms used as criteria for evaluation of open tender bids 18 21. R&D quality proposals and any other contract execution proposals. Contract execution terms used as criteria for evaluation of open tender bids The offered contract price is 5,660,000 (five million six hundred sixty Contract price, thousand) Russian roubles. roubles Works quality Protocol No. 02В/16-1 Works quality and bidder’s competence 1. Introduction The contractual and legal basis for the Customs Union and the Common Free Market Zone in the field of technical regulation within the Customs Union is formed by the Agreement on Unified Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation dated 18 November 2010. Based on clause 5, Article 2 of the Agreement on Unified Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation of 18 November 2010 (hereinafter – the Agreement), the member-states of the Customs Union and the Common Free Market Zone shall implement a coordinated policy intended to ensure measurement unification. By now, the coordinated policy has not been implemented since there is no underlying Agreement. A coordinated measurement unification and legislation harmonization policy in the member-states of the Customs Union and the Common Free Market Zone is essential for efficient implementation of Customs Union technical regulations in terms of providing for comparability of results obtained based on tests and measurements carried out as part of compliance evaluation (validation). By today, 31 technical regulations have been adopted for the Customs Union, with 8 of those enacted in 2012 and 13 more Customs Union technical regulations to come into force in 2013. Measurement unification will sure contribute to consistent application of the Customs Union technical regulations in the member-states of the Customs Union and the Common Free Market Zone. Besides, it is essential to identify measurement unification risks concerned with functioning of the Customs Union and the Common Free Market Zone, accounting for participation of their member-states in EAICSMC and WTO arrangements. 2. Research purpose The research purpose is to provide for a comprehensive analysis of national legislations on measurement unification issues in the member-states of the Customs Union and the Common Free Market Zone and identification of their differences and inconsistencies as well as to prepare proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for their current equivalence, to provide for assessment of measurement unification risks concerned with entry into other markets, and to develop a 19 Draft Agreement establishing a policy governing performance of measurement unification works. 3. Research objectives (objectives to be accomplished and input data) Input data shall include laws and regulations governing activities concerned with measurement unification. 3.1. Providing for an analysis of the existing regulatory framework in the member-states of the Customs Union and the Common Free Market Zone intended to provide for unification of measurements used in the member-states of the Customs Union. 3.2. Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 3.3. Providing for a comparative analysis of metrological control approaches in the European Union, accounting for possible risks concerned with sales of CU products beyond its borders. 3.4. Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone. 3.5. Preparing a Draft Agreement establishing a common measurement unification policy for the Customs Union and the Common Free Market Zone. 4. Research scope The research project shall comprise one stage only. 4.1. Analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. 4.2. Compiling, based on the analysis results, a list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the member-states of the Customs Union and the Common Free Market Zone. 4.3. Developing proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 4.4. Preparing an analytical review on metrological control implementation in the European Union and possible metrology risks concerned with export of member-states’ products beyond their borders. 4.5. Preparing proposals on a draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 5. Research deliverables 5.1. Data resulting from the analysis of the existing measurement unification regulatory framework in the member-states of the Customs Union and the Common Free Market Zone and the law enforcement practice used to implement it, mechanisms and procedures intended to ensure measurement unification in the Customs Union member-states. Protocol No. 02В/16-1 20 5.2. A list of existing differences and inconsistencies in national legislations on measurement unification issues as adopted in the memberstates of the Customs Union and the Common Free Market Zone. 5.3. Proposals on harmonization of measurement unification legislations in the member-states of the Customs Union and the Common Free Market Zone, accounting for possible harmonization levels and degrees as established and providing for substantiation of the most reasonable option, taken current integration processes in the field of technical regulation within the Customs Union and the Common Free Market Zone and the best international and European practices. 5.4. An analytical review on metrological control implementation in the European Union and possible metrology risks concerned with export of member-states’ products beyond their borders. 4.5. A draft measurement unification agreement to be entered by the member-states of the Customs Union and the Common Free Market Zone. 6. Major R&D requirements Research shall be in compliance with the purpose and objectives as set and shall be based on reliable data. Developed recommendations and proposals shall be concise and action-oriented. The research project shall be implemented as required by the Research Project Contract and the Procedure for Arrangement of ResearchAssociated Activities in the Eurasian Economic Commission as approved by Order No. 231 dated 27 July 2012 of the Chairman of the Eurasian Economic Commission Board. By its technical level, R&D works shall be up to major scientific and technological trends and shall be carried out with application of modern research methods. Bidder’s competence a) Quantity of works similar (equivalent) to the open tender subject performed by the bidder over the last 5 years in connection with implementation of product-specific mandatory requirements and measurement unification b) Quantity of permanently employed executors (for legal entities) awarded a Cand. Sc. or PhD title (in law, economics) c) Quantity of permanently employed executors (for legal entities) Protocol No. 02В/16-1 Seven (7) research projects Six (6) permanently employed executors, including 1 Doctor of Engineering Science and 1 Candidate of Engineering Science three (3) permanently employed executors 21 fluent in the European Commission working languages (English, German, French) d) Experience in development of draft regulations for the Customs Union and the Common Free Market Zone intended to provide for implementation of product-specific mandatory requirements and measurement unification Execution terms Responsible developer of two (2) CU Technical Regulations (TR), interstate standards to CU TR, a member of the Sub-Committee for Measurement Unification of the Advisory Committee for Technical Regulations and Application of Sanitary, Phytosanitary and Veterinary Measures 130 consecutive days following the contract conclusion date 13. The bidding commission shall consider the open tender bids within five (5) working days following the date when the envelopes with bids are opened under the open tender to award the contract for the research project to be officially used by the Eurasian Economic Commission. 14. This Protocol shall be posted on the official web-site of the Eurasian Economic Commission www.eurasiancommission.org. Signatures: Chairman of the Bidding Commission _____________Vasiliy Borisovich Boitsov Deputy Chairman of the Bidding Commission _____________Arina Viktorovna Molokova Secretary of the Bidding Commission _____________Svetlana Alexeevna Bondarenko Members of the Bidding Commission _____________ Yulia Sergeevna Chirkova _____________ Andrey Anatolievich Polozkov _____________ Antonina Igorevna Golovtsova Representative of the Contract Giver Protocol No. 02В/16-1 _____________ Vasiliy Borisovich Boitsov 22 Annex No. 1 to Bid Opening Protocol No. 02в/16-1 of 13 June 2013 OPEN TENDER BID LOG for the open tender held to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic as follows: “Studying the Issues of Measurement Unification within the Customs Union and the Common Free Market Zone and Developing Proposals on Harmonization of Measurement Unification Legislations in the Member-States of the Customs Union and the Common Free Market Zone to Provide for Comparable Results of Evaluation (Validation) of Product Compliance with the Customs Union Technical Regulations.” Index No. 1. 2. 3. Date of receipt Time of receipt 11 June 2013 11 June 2013 13 June 2013 4.08 p.m. 4.48 p.m 09.09 a.m. Responsible person: Secretary of the Bidding Commission Protocol No. 02В/16-1 Registration number 1 2 3 Form of document paper document paper document paper document _________________ S.A. Bondarenko 23 Annex No. 2 to Bid Opening Protocol No. 02в/16-1 of 13 June 2013 REGISTER OF TENDERER’S REPRESENTATIVES For the open tender procedure held to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic as follows: “Studying the Issues of Measurement Unification within the Customs Union and the Common Free Market Zone and Developing Proposals on Harmonization of Measurement Unification Legislations in the Member-States of the Customs Union and the Common Free Market Zone to Provide for Comparable Results of Evaluation (Validation) of Product Compliance with the Customs Union Technical Regulations.” The following tenderers’ representatives attended: No. Tenderer Name, surname and patronymic of the tenderer’s representative 1 BelGIM Lilia Alexandrovna Grechina 2 FSUE RRIMS 3 FSUE RRIMS Larisa Anatolievna Filimonova Denis Yurievich Rassamakhin Responsible person: Secretary of the Bidding Commission Protocol No. 02В/16-1 Document evidencing Position of authorities of Signature of the tenderer’s the tenderer’s the tenderer’s representative representative, representative issue date, number Power of Deputy Head attorney No. of the 20-17/341 of Department 10 June 2013 Deputy Head of the Department Engineer _________________ S.A. Bondarenko