Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 12, 2016 No. 1166

About establishment of features of procurement planning and carrying out tenders for determination of the supplier with which the public contract providing counter investment obligations of the supplier investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation for ensuring the state needs of the subject of the Russian Federation is signed

According to part 3 of article 111.4 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Establish the following features of procurement planning, the public contracts providing the conclusion with counter investment obligations of the supplier investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation for ensuring the state needs of the subject of the Russian Federation (further - the public contract):

a) in case of the description of subject to purchase in scheduled plans of purchases the minimum volume of investment, performed by the supplier investor in creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation, taking into account the requirement specified in Item 5 of part 1 of article 111.4 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" is specified;

b) in scheduled plans of purchases the amount of ensuring execution of the public contract provided by the subitem "b" of Item 2 of this resolution, as a percentage is specified;

c) determination and reasons for the starting (maximum) price of the public contract is performed according to the procedure, approved by the supreme executive body of the government of the subject of the Russian Federation.

2. Determine that when carrying out tenders for determination of the supplier with which the public contract, customers is signed:

a) place the notification on holding open tender in unified information system in the field of purchases at least in 60 days prior to day of opening of envelopes with applications for participation in open tender or opening of access to the applications for participation in open tender submitted in the form of electronic documents;

b) establish in the notification on holding open tender, the tender documentation, the draft of the public contract the requirement about provision by the supplier investor of ensuring execution of the public contract regarding investment obligations of the supplier investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation in the amount of 2 to 5 percent of the volume of investment determined by the draft of the public contract according to the request of the procurement participant with whom the public contract is signed. At the same time effective period of the bank guarantee provided in ensuring execution of such obligations shall exceed the term during which the supplier investor performs creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation, for one month at least. Return of such obligations of money introduced by the supplier investor in ensuring execution is performed by the customer no later than one month from the date of obligation fulfillment on creation or upgrade and (or) development of production of the specified goods;

c) execution of the public contract signs public contracts after provision of the present provided with the subitem "b" Item.

3. The customer in the notification on carrying out tender, in the tender documentation, the draft of the public contract has the right:

a) establish formula of the price and the maximum price value of the public contract;

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