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The document ceased to be valid since  January 1, 2014 according to the Federal Law of the Russian Federation of 05.04.2013 No. 44-FZ

FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 2005 No. 94-FZ

About placing orders for the supply of goods, works and services for state and municipal needs

(as amended on 02-07-2013)

Accepted by the State Duma on July 8, 2005

Approved by the Federation Council on July 13, 2005

Chapter 1. General provisions

Article 1. Subject and purposes of regulation of this Federal Law

1. This Federal Law governs the relations connected with order placement on deliveries of goods, performance of works, rendering services for the state, municipal needs, needs of budgetary institutions (further - order placement), including establishes single procedure for placing orders, for the purpose of ensuring unity of economic space in the territory of the Russian Federation in case of order placement, effective use of means of budgets and non-budgetary sources of financing, expansion of opportunities for participation of physical persons and legal entities in order placement and stimulation of such participation, development of fair competition, enhancement of activities of public authorities and local government bodies in the sphere of order placement, ensuring publicity and transparency of order placement, prevention of corruption and other abuses in the sphere of order placement.

2. This Federal Law is applied in order placement cases on deliveries of goods, performance of works, rendering services to the state or municipal needs and needs of budgetary institutions, except as specified, if such services are the international financial institutions created according to international treaties which participant is the Russian Federation, and also international financial institutions with which the Russian Federation signed the international contracts. The list of the specified international financial institutions affirms the Government of the Russian Federation.

3. Features of placement of the state defensive order, the purchase order of material values in the state reserve can be established by other Federal Laws.

4. Operation of this Federal Law does not extend to the relations, connected:

1) with assignment of counsel of inquiry by body, body of pretrial investigation, court for participation as the defender in criminal trial according to the Code of penal procedure of the Russian Federation, court for participation as the representative in civil legal proceedings according to the Civil Procedure Code of the Russian Federation;

2) with involvement of the lawyer to rendering legal aid to citizens it is free according to the Federal Law "About Free Legal Aid in the Russian Federation".

Article 2. Legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on order placement

1. The legislation of the Russian Federation on order placement is based on provisions of the Civil code of the Russian Federation, the Budget code of the Russian Federation and consists of this Federal Law, other Federal Laws governing the relations connected with order placement. The rules of law containing in other Federal Laws and connected with order placement shall correspond to this Federal Law.

2. In cases, stipulated by the legislation the Russian Federation about order placement, the President of the Russian Federation, the Government of the Russian Federation has the right to adopt the regulatory legal acts governing the relations connected with order placement.

3. The federal executive body performing normative legal regulation in the sphere of the order placement having the right to adopt the regulatory legal acts governing the relations connected with order placement in cases and in limits which are provided by this Federal Law and regulatory legal acts of the Government of the Russian Federation adopted according to it.

4. If the international treaty of the Russian Federation establishes other rules, than those which are provided by this Federal Law are applied rules of the international treaty.

Article 3. State needs, municipal needs and needs of budgetary institutions

1. The state needs are understood as the financings of need of the Russian Federation provided at the expense of means of the federal budget or budgets of subjects of the Russian Federation and non-budgetary sources, the state customers in the goods, works, services necessary for implementation of functions and powers of the Russian Federation, the state customers (including for implementation of federal target programs), for execution of the international obligations of the Russian Federation, including for implementation of interstate target programs in which the Russian Federation participates (further also - federal needs), or need of subjects of the Russian Federation, the state customers in the goods, works, services necessary for implementation of functions and powers of subjects of the Russian Federation, the state customers, including for implementation of regional target programs (further takzhenuzhda of subjects of the Russian Federation). Needs of federal budget institutions and budget institutions of subjects of the Russian Federation are understood provided with federal budgetary institutions, budget institutions of subjects of the Russian Federation (irrespective of sources of financial provision) as the needs for goods, works, services of the relevant budgetary institutions.

2. Municipal needs are understood as the financings of need of municipalities, municipal customers provided at the expense of means of local budgets and non-budgetary sources in the goods, works, services necessary for the solution of questions of local value and implementation of the separate state powers delegated to local government bodies by the Federal Laws and (or) the laws of subjects of the Russian Federation, functions and powers of municipal customers. Needs of local budgetary institutions are understood provided with local budgetary institutions (irrespective of sources of financial provision) as the needs for goods, works, services of data of budgetary institutions.

Article 4. State customers, municipal customers and other customers

1. As the state customers, municipal customers state bodies (including public authorities), governing bodies of state non-budgetary funds, local government bodies, state organizations and other receivers of means of the federal budget, budgets of subjects of the Russian Federation or local budgets act respectively in case of order placement on deliveries of goods, performance of works, rendering services at the expense of budgetary funds and non-budgetary sources of financing. As other customers budgetary institutions in case of placement of orders for deliveries of goods, performance of works, rendering services act by them irrespective of sources of financial provision of their execution. The state, municipal customers and other customers hereinafter are referred to as further as customers. The state, municipal needs, and also needs of budgetary institutions hereinafter are referred to as further as needs of customers.

2. If the federal executive body, executive body of the subject of the Russian Federation, local government body authorized on implementation of functions on order placement for customers (further also are created - authorized body), the specified authorized bodies perform the functions on order placement for customers determined by the decision on creation of the relevant authorized body, except for signings of the public or municipal contracts, and also civil contracts of budgetary institutions for deliveries of goods, performance of works, rendering services for needs of the corresponding customers. At the same time the public or municipal contracts, and also civil agreements of budgetary institutions are signed by the corresponding customers. The order of interaction of authorized body and customers shall be established by the decision on creation of such authorized body.

Article 5. Order placement on deliveries of goods, performance of works, rendering services for needs of customers

On deliveries of goods, performance of works, rendering services for needs of customers are understood as order placement performed according to the procedure, provided by this Federal Law, actions of customers, authorized bodies for determination of suppliers (contractors, contractors) for the purpose of the conclusion with them the public or municipal contracts, and also civil contracts of budgetary institutions for deliveries of goods, performance of works, rendering services for needs of the corresponding customers (further also - contracts), and in case, stipulated in Item 14 parts 2 of article 55 of this Federal Law, for the purpose of the conclusion with them also other civil agreements in any form.

Article 6. Specialized organization

1. The customer or authorized body (if such right is provided by the decision on creation of authorized body) has the right to attract on the basis of the contract or in case, stipulated in Item 14 parts 2 of article 55 of this Federal Law, on the basis of the civil agreement the legal entity (the daleespetsializirovanny organization) to implementation of functions on order placement by tendering in the form of tender on the right to sign the contract (further also - tender) or auction on the right to sign the contract (further also - auction) - developments of the tender documentation, the auction documentation, publication and placement of the notice on holding open tender or open auction, the direction of invitations to take part in closed competition or in private auction and other functions connected with ensuring tendering. At the same time creation of the commission on order placement, determination of the starting (maximum) price of the contract, subject and essential terms of the contract, approval of the draft contract, tender documentation, auction documentation, determination of terms of trade and their change are performed by the customer, authorized body, and contract signature is performed by the customer.

2. The choice of the specialized organization is performed by the customer, authorized body by order placement on rendering services for needs of customers according to this Federal Law.

3. The specialized organization performs the functions specified regarding 1 this Article on behalf of the customer or authorized body. At the same time the rights and obligations arise at the customer or authorized body.

4. The customer, authorized body bear joint liability for the harm done to physical person or legal entity as a result of the illegal actions (failure to act) of the specialized organization made within the powers delegated to it by the customer, authorized body on the basis of the contract and connected with order placement, when implementing of the functions specified regarding 1 this Article by it on behalf of the customer or authorized body.

5. The specialized organization cannot be the bidder according to whom this organization performs the functions specified regarding 1 this Article.

Article 7. Commissions on order placement

1. In case of order placement by carrying out tender, auction, and also request for quotation of goods prices, work, service (further - request for quotation) the contest, auction or bidding commission is created (further also - the commission).

2. The customer, by authorized body before publication in the official printing publication or before placement on the official site determined according to the procedure stipulated in Clause the 16th this Federal Law, the notice on holding open tender or open auction, on carrying out request for quotation, on preliminary selection or the direction of invitations to take part in closed competition or in private auction makes decisions on creation of the commission, its structure and operating procedure are determined, the commission chairman is appointed. The customer, authorized body has the right to include in structure of the commission mainly persons which underwent occupational retraining or advanced training in the sphere of order placement for needs of customers.

3. The number of members of the commission shall be at least than five people.

3.1. When holding open tender on the right to sign the contract for creation of the literary work or art (except for programs for electronic computers (daleeevm), databases), execution, on financing of hire or display of the national movie of the contest committee persons of creative professions in the respective area of literature or art shall be included. The number of such persons shall constitute at least than fifty percent of total number of members of the contest committee.

4. The physical persons who are personally interested in results of order placement (including the physical persons who submitted bids, auction participation applications or applications for participation in request for quotation (daleekotirovochny requests) or being on the staff of the organizations which submitted the specified applications), or physical persons on which bidders (including the physical persons who are members (shareholders) of these organizations, members of their governing bodies, creditors of bidders), and also the officials of representatives who are directly exercising control in the sphere of order placement are capable to exert impact on control in the sphere of order placement of federal executive body, executive body of the subject of the Russian Federation, local government body (further also - the body authorized on control in the sphere of order placement) cannot be members of the commission. In case of identification as a part of the commission of specified persons the customer, the authorized body which made the decision on creation of the commission shall replace without delay them with other physical persons which are personally not interested in results of order placement and on whom bidders and also who are not the officials of the bodies authorized on control in the sphere of order placement who are directly exercising control in the sphere of order placement are not capable to exert impact.

5. Replacement of the member of the commission is allowed only according to the decision of the customer, the authorized body which made the decision on creation of the commission.

6. Are performed by the contest committee opening of envelopes with bids and opening of access to the bids which are in information system public, submitted in the form of electronic documents and signed according to regulatory legal acts of the Russian Federation (further also - opening of envelopes with bids and opening of access to the bids submitted in the form of electronic documents), selection of participants of tender, consideration, assessment and comparison of bids, determination of the winner of tender, taking the minutes of opening of envelopes with bids and opening of access to the bids submitted in the form of electronic documents, the protocol of consideration of bids, the protocol of assessment and comparison of bids.

7. The auction commission performs consideration of auction participation applications and selection of participants of auction, taking the minutes of consideration of auction participation applications.

8. The bidding commission performs preliminary selection of bidders, taking the minutes of consideration of applications for participation in preliminary selection in the cases provided by this Federal Law and also consideration, assessment and comparison of quoted bids and determination of the bidding winner, taking the minutes of consideration and assessment of quoted bids.

9. The customer, authorized body has the right to create the unified commission performing the functions provided by parts 6 - the 8th this Article. On said commission and its members provisions of this Federal Law about competitive, about auction both about quoted the commissions and expatiate on members of the competitive, auction and quoted commissions.

10. The commission is competent to perform the functions provided by parts 6 - the 8th this Article if at commission session there are at least than fifty percent of total number of her members. Members of the commission shall be timely notified on the place, date and time of carrying out commission session. Decision making by members of the commission by holding absentee voting, and also delegation of the powers by them to other persons is not allowed.

Article 8. Participants of order placement

1. Any legal entity irrespective of form of business, pattern of ownership, the location and the place of origin of the capital or any physical person, including the individual entrepreneur can be the bidder.

2. Participation in order placement can be limited only in the cases provided by this Federal Law and other Federal Laws.

3. Participants of order placement have the right to act in the relations connected with order placement on deliveries of goods, performance of works, rendering services for needs of customers as it is direct, and through the representatives. Powers of representatives of bidders are confirmed by the power of attorney issued and which is drawn up according to the civil legislation, or its notarized copy.

Article 9. State or municipal contract to deliver goods, performance of works, rendering services, civil contract of budgetary institution for delivery of goods, performance of works, rendering services

1. The public or municipal contract is understood as the agreement signed by the customer on behalf of the Russian Federation, the subject of the Russian Federation or the municipality for the purpose of ensuring the state or municipal needs. The civil contract of budgetary institution for delivery of goods, performance of works, rendering services for the purpose of this Federal Law is understood as the agreement signed on behalf of budgetary institution. Civil contracts of budgetary institutions are signed for the term which is not exceeding three years, except for civil agreements of budgetary institutions which subject is performance of works on construction, reconstruction, restoration, capital repairs, servicing and (or) operation of capital construction projects, and also educational (the higher and secondary professional education) services, research and development works which can consist for the term exceeding three years if duration of production cycle of accomplishment of these works, services constitutes more than three years. Terms for which the specified contracts, and also other types of civil contracts of budgetary institution for deliveries of goods, performance of works, rendering services which can consist for the term exceeding three years, and terms for which they consist are signed can be established by the Government of the Russian Federation.

2. The contract is signed according to the procedure, provided by the Civil code of the Russian Federation and other Federal Laws taking into account provisions of this Federal Law.

3. After determination of the winner of tender, auction or the bidding winner in time, provided for the conclusion of the contract, the customer shall refuse the conclusion of the contract with the winner of tender, auction or the bidding winner or in case of evasion of the winner of tender, auction or the bidding winner from the conclusion of the contract with the bidder with which such contract, in case of factual determination is signed:

1) carrying out liquidation of participants of tender, participants of auction, bidders by request of kotirovokyuridichesky persons or adoption by Arbitration Court of the decision on recognition of bidders - legal entities, individual entrepreneurs bankrupts and about opening of bankruptcy proceedings;

2) suspensions of operations of specified persons according to the procedure, provided by the Russian Federation Code of Administrative Offences;

3) provisions by specified persons of obviously false data containing in the documents provided by part 3 of Article 25 or part 2 of article 35 of this Federal Law;

4) findings of property of specified persons under the arrest imposed by a court decision if at the time of the expiration of the conclusion of the contract book value of distrained property exceeds twenty five percent of book value of assets of specified persons according to accounting records for the last complete accounting period;

5) availability at specified persons of debt on the accrued taxes, charges and other obligatory payments in budgets of any level or state non-budgetary funds for last calendar year which size exceeds twenty five percent of book value of assets of the bidder according to accounting records for the last accounting period provided that specified persons do not appeal availability of the specified debt in accordance with the legislation of the Russian Federation.

3.1. In case of refusal from the conclusion of the contract with the winner of tender, auction or the bidding winner or in case of evasion of the winner of tender, auction or the bidding winner from the conclusion of the contract with the bidder with which such contract is signed by the customer no later than one working day following after day of establishment of the facts provided by part 3 of this Article and which are the basis for refusal of the conclusion of the contract constitutes the protocol on refusal of the conclusion of the contract which shall contain data on the place, date and time of its creation, on person with which the customer refuses to sign the contract, data on the facts which are the basis for refusal of the conclusion of the contract and also details of the documents confirming such facts. The protocol is signed by the customer in day of creation of such protocol. The protocol is constituted in duplicate, one of which is stored at the customer. The specified protocol is posted by the customer on the official site determined according to the procedure stipulated in Clause the 16th this Federal Law, during the day, the day of signing of the specified protocol following later. The customer within two working days from the date of signing of the protocol gives one copy of the protocol to person with whom the customer refuses to sign the contract.

4. The order is recognized placed from the date of the conclusion of the contract, and case, stipulated in Item 14 parts 2 of article 55 of this Federal Law, from the date of the conclusion of other civil agreements.

4.1. The price of the contract is firm and cannot change during its execution, except as specified the conclusions of the contract based on Item 2.1 of part 2 of article 55 of this Federal Law, and also cases established by parts 4.2, 6, 6.2 - 6.4 of this Article. Payment of the delivered goods, the performed works, the rendered services is performed at the price established by the contract, except as specified the conclusions of the contract for power service based on article 56.1 of this Federal Law. The price of the contract can be reduced by agreement of the parties without change by the provided contract of goods quantity, amount of works, services and other conditions of execution of the contract.

4.2. If in the tender documentation, the auction documentation in case of order placement on performance of works on maintenance and (or) repair of equipment, the equipment, rendering communication services, legal services were specified the price of spare parts (each spare part) to the equipment, to the equipment, the price of unit of service and (or) work, offered by person with whom according to this Federal Law the contract is signed, in the bid or in case of holding the auction, the price of spare parts (each spare part) to the equipment, to the equipment, the price of unit of service and (or) work are firm and cannot change in course of execution of such contract. Payment of accomplishment of such works, rendering such services is performed at the price of unit of service and (or) work proceeding from amount of actually rendered services, the performed works, at the price of each spare part to the equipment, to the equipment proceeding from the number of spare parts which deliveries were performed in course of execution of the contract, but in the amount of, not exceeding the starting (maximum) price of the contract specified in the tender documentation, the auction documentation.

5. In case of the conclusion and execution of the contract change of the terms of the contract specified in parts 11 and 12 of this Article, part 12 of Article 25, to part 5 of Article 27, speak rapidly 3 Articles 29, of part of 1 Article 31, of part 7 of Article 31. 4, parts 3 of Article 31. 5, parts 12 of Article 35, of part 6 of Article 36, of part 13 of Article 37, speak rapidly 3 Articles 38, of part of 1 Article 40, of part 14 of Article 41, of part 22 of Article 41. 8, parts 11 of Article 41. 9, parts 15 of Article 41. 11, parts 10 and 14 of Article 41. 12, parts 6 of Article 42, parts 6 and 8 of Article 46, part 8 of Article 47, part 10 of Article 53 and parts 5 and 6 of article 54 of this Federal Law, by agreement of the parties and unilaterally is not allowed, except as specified, provided by parts 6 - 6.7 and 8.1 these Articles, part 26.1 of article 65 of this Federal Law.

6. If it is provided by the tender documentation, the customer in coordination with the contractor, the contractor in course of execution of the contract for accomplishment of research, developmental or technological works, on accomplishment of wrecking, restorations of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, the museum objects and museum collections included in structure of Museum fund of the Russian Federation, documents of Archival fund of the Russian Federation, especially important and rare documents which are part of library stocks to rendering medical, auditor services has the right to change no more than to ten percent the amount of such works, services provided by the contract in case of change of need for such works, services, to accomplishment which rendering the contract is signed, or in case of detection of need for additional amount of works, the services which are not provided by the contract but connected with such works, services provided by the contract. If it is provided by the auction documentation, the tender documentation and also if the order is placed at the single supplier according to Item 16 of part 2 of article 55 of this Federal Law, the customer in coordination with the supplier in course of execution of the contract has the right to change no more than to ten percent the number of all of the goods provided by the contract in case of change of need for goods on which delivery the contract is signed. By delivery of additional quantity of such goods, accomplishment of additional amount of such works, rendering additional amount of such services the customer in coordination with the supplier (the contractor, the contractor) has the right to change original price of the contract in proportion to quantity of such goods, amount of such works, services, but no more than to ten percent of such price of the contract, and when entering corresponding changes into the contract in connection with reducing supply requirement of such goods, accomplishment of such works, rendering such services the customer shall change the contract price in a specified way. The price of unit of in addition delivered goods and the commodity unit price when reducing supply requirement of part of such goods shall be determined as private from division of original price of the contract for the quantity of such goods provided in the contract.

6.1. In case of execution of the contract change of the supplier (the contractor, the contractor), except as specified, is not allowed if the new supplier (the contractor, the contractor) is legal successor of the supplier (the contractor, the contractor) under such contract owing to reorganization of the legal entity in the form of transformation, merge or accession.

6.2. If the price of the public contract of performance of works for federal needs, and also the civil contract of federal budgetary institution for performance of works for needs of federal budgetary institution signed for the term at least than three years constitutes ten billion rubles and more and accomplishment of the specified contract without change of its price is impossible owing to essential increase of cost of subjects for performance of works, such price can be changed based on the decision of the Government of the Russian Federation.

6.3. If the price of the public or municipal contract of performance of works for needs of the subject of the Russian Federation or municipal needs, and also the civil agreement of budget institution of the subject of the Russian Federation or local budgetary institution on performance of works for needs of budget institution of the subject of the Russian Federation or the local budgetary institution concluded for the term at least than three years constitutes respectively one billion rubles and more and five hundred million rubles and more and accomplishment of the specified contracts without change of their price is impossible owing to essential increase of cost of subjects for performance of works, such price can be changed based on respectively law of the subject of the Russian Federation, the decision of representative body of local self-government.

6.4. In case of change in accordance with the legislation of the Russian Federation of the prices (rates) for goods, works, services of subjects of natural monopolies, the prices and rates regulated by the state in the field of gas supply, rates for goods and services of the organizations of municipal complex the customer in case of execution of the contract signed based on Item 1 or 2 of part 2 of article 55 of this Federal Law shall change the price of such contract according to the amount of change of rates for the corresponding goods and services of the organizations of municipal complex, the prices and rates in the field of gas supply, the prices (rates) for goods, works, services of subjects of natural monopolies.

6.5. In case of the conclusion of the contract the customer in coordination with the participant with whom according to this Federal Law such contract is signed has the right to increase quantity of the delivered goods by the amount which is not exceeding difference between the price of the contract offered by such participant, and the starting (maximum) price of the contract (at the price of lot) if such right of the customer is provided by the tender documentation, the auction documentation. At the same time the price of unit of the specified goods shall not exceed the commodity unit price determined as private from division of the price of the contract specified in the bid or offered by the participant of auction with whom the contract, on the goods quantity specified in the notice on holding open tender or open auction is signed.

6.6. In case of change of the customer under the contract of the right and customer's obligation under such contract pass to the new customer in the same amount and on the same conditions.

6.7. In case of execution of the contract in coordination of the customer with the supplier delivery of goods is allowed, quality, technical and functional characteristics (consumer properties) of which are improved in comparison with such quality and such characteristics of goods specified in the contract. In this case in the register of the contracts signed following the results of order placement data, stipulated in Item 8 parts 2 of article 18 of this Federal Law are entered.

7. In case of the conclusion of the delivery contract of energy resources the draft of such contract sent by the customer to the supplier shall be based on the amount of consumption of energy resources approved in stipulated by the legislation procedure for the Russian Federation.

7.1. In case of order placement on rendering communication services by federal executive body under which authority the communication networks of special purpose intended for needs of defense of the country, safety of the state and providing law and order and which acts as the state customer the starting (maximum) price of the public contract, and also the price of the public contract in case of order placement by the specified body at the single contractor are it shall be determined according to the procedure, established by the Government of the Russian Federation, proceeding from need of compensation of economically reasonable costs connected with rendering these services and compensation of reasonable profit margin (profitability) from the capital used when rendering these services.

7.2. In case of order placement on performance of works the starting (maximum) price of the contract is determined by construction, reconstruction, capital repairs of capital construction projects for all term of accomplishment of such works proceeding from their price within the corresponding years of the planned period of execution of the contract.

8. Contract cancelation is allowed by agreement of the parties, by a court decision or in connection with unilateral refusal of the contract party from execution of the contract according to the civil legislation.

8.1. In case of contract cancelation in connection with non-execution or improper execution by the supplier (the contractor, the contractor) of the obligations under such contract, except as specified, provided by part 8.3 of this Article, the customer has the right to sign the contract with the bidder with which according to this Federal Law the contract in case of evasion of the winning bidder or bidding winner from the conclusion of the contract is signed, with the consent of such bidder. The contract is signed with the specified bidder on the conditions provided respectively by part 3 Articles 29, part 3 Articles 38, part 10 of Article 41.12 and part 8 of article 47 of this Federal Law taking into account the features provided by this part. If before contract cancelation by the supplier (the contractor, the contractor) obligations under such contract are partially fulfilled, in case of the conclusion of the new contract quantity of the delivered goods, amount of the performed works, the rendered services shall be reduced taking into account quantity of the delivered goods, amount of completed work, the rendered services in the contract which is earlier signed with the winner of tender, auction or the bidding winner. At the same time the price of the contract shall be reduced in proportion to quantity of the delivered goods, amount of completed work, the rendered services.

8.2. In case of removal of determination by court about the providing the action of rescission of the delivery contract of food, means necessary for rendering the ambulance or emergency medical service, medicines, fuel which are necessary for normal life support of citizens and which lack will lead to violation of their normal life support the customer has the right to place the purchase order of such goods by carrying out request for quotation according to part 6 of article 42 of this Federal Law.

8.3. In case of contract cancelation in connection with unilateral refusal of the customer from execution of the contract according to article 19.2 of this Federal Law the customer has the right to place the purchase order of goods, performance of works, rendering the services which were subject of the terminated contract according to part 6.1 of article 42 of this Federal Law.

8.4. In case of contract cancelation in connection with unilateral refusal of the supplier (the contractor, the contractor) from execution of the contract according to article 19.2 of this Federal Law the customer places the purchase order of goods, performance of works, rendering the services which were subject of the terminated contract according to provisions of this Federal Law.

8.5. In the cases provided by parts 8.3 and 8.4 of this Article if before contract cancelation the supplier (the contractor, the contractor) partially fulfilled the obligations provided by the contract in case of placement of the new order quantity of the delivered goods, amount of the performed work or the rendered service shall be reduced taking into account quantity of the delivered goods, amount of the performed work or the rendered service in the terminated contract. At the same time the price of the contract shall be reduced in proportion to quantity of the delivered goods, amount of the performed work or the rendered service.

9. In case of delay of execution by the customer of the obligation provided by the contract, other party has the right to demand payment of penalty (penalty, penalty fee). The penalty (penalty, penalty fee) is charged for each day of delay of the obligation fulfillment provided by the contract since the day following after day of the expiration of the completion date of the obligation established by the contract.

The size of such penalty (penalty, penalty fee) is established in the amount of one three-hundredth penalties operating on the date of payment (penalty, penalty fee) refunding rates of the Central bank of the Russian Federation. The customer is exempted from payment of penalty (penalty, penalty fee) if proves that the delay of execution of the specified obligation happened owing to force majeure or because of other party.

10. The contract joins the compulsory provision about responsibility of the supplier (the contractor, the contractor) for non-execution or improper execution of the obligation provided by the contract.

11. In case of delay of execution by the supplier (the contractor, the contractor) of the obligation provided by the contract, the customer has the right to demand payment of penalty (penalty, penalty fee). The penalty (penalty, penalty fee) is charged for each day of delay of the obligation fulfillment provided by the contract since the day following after day of the expiration of the completion date of the obligation established by the contract. The size of such penalty (penalty, penalty fee) is established by the contract in the amount of at least than one three-hundredth penalties operating on the date of payment (penalty, penalty fee) refunding rates of the Central bank of the Russian Federation. The supplier (the contractor, the contractor) is exempted from payment of penalty (penalty, penalty fee) if proves that the delay of execution of the specified obligation happened owing to force majeure or because of the customer.

12. The contract joins the compulsory provision about procedure the customer of acceptance of the delivered goods, the performed works, the rendered services on compliance of their quantity, completeness, amount and quality to the requirements established in such contract. For check of compliance of quality of the delivered goods, the performed works, the rendered services to the requirements established by the contract, the customer has the right to attract independent experts whose choice is performed according to this Federal Law.

Article 10. Order placement methods

1. Order placement can be performed:

1) by tendering in the form of tender, auction, including electronic auction;

2) without tendering (request for quotation, at the single supplier (the contractor, the contractor), at the exchanges).

1.1. The government of the Russian Federation according to the procedure, the stipulated in Clause 55.3 presents of the Federal Law having the right to determine features of order placement on deliveries of goods, performance of works, rendering services for federal needs.

2. In all cases order placement is performed by tendering, except as specified, provided by this Federal Law.

2.1. In case of order placement lots concerning which in the notice on carrying out tender or auction, in the tender documentation, the auction documentation the subject, the starting (maximum) price, terms and other delivery conditions of goods, performance of works or rendering services are separately specified can be allocated for deliveries of goods, performance of works, rendering services by tendering. The bidder submits the bid or auction concerning certain lot. Concerning each lot the separate contract is signed.

2.2. If subject of the biddings, request for quotation is supply of medicines, various medicines with international non-proprietary names or in the absence of such names with chemical, grouping names cannot be subject of one contract (one lot) provided that the starting (maximum) price of the contract (lot price) exceeds the extreme value established by the Government of the Russian Federation and also medicines with international non-proprietary names (in the absence of such names with chemical, grouping names) and trade names.

3. The decision on order placement method is made by the customer, authorized body according to provisions of this Federal Law.

4. Order placement on deliveries of goods, performance of works, rendering services for needs of customers which respectively are made, carried out, appear not according to specific requests of the customer, authorized body, for which there is functioning market and which can be compared only at their prices is performed by holding the auction. Inventories, works, services, order placement respectively on deliveries, accomplishment which rendering is performed by holding the auction are established by the Government of the Russian Federation. If goods, works, services are included in the specified lists, order placement on deliveries of such goods, accomplishment of such works, rendering such services for needs of customers by carrying out tender is not allowed and performed according to part 4.2 of this Article. In case of order placement on deliveries of goods, performance of works, rendering services by holding open auction in other cases (including in case of non-inclusion of these goods, works, services in the specified lists) such order placement is performed according to part 4.2 of this Article.

4.1. Order placement on performance of works on construction, reconstruction, capital repairs of capital construction projects, including highways, temporary constructions, booths, canopies and other similar constructions, for needs of customers is performed by holding public electronic auction. Order placement on performance of works on construction, reconstruction, capital repairs especially dangerous, technically difficult capital construction projects, and also artificial road constructions included in structure of highways of federal, regional or intermunicipal, local importance is performed by carrying out tender or public electronic auction.

4.2. Order placement on deliveries of goods, performance of works, rendering services for needs of customers according to part 4 of this Article is performed by holding public electronic auction.

4.3. Order placement on deliveries of foodstuff to preschool educational institutions, educational institutions, educational institutions initial professional, average professional and higher education, special (correctional) educational institutions for students, pupils with limited opportunities of health, organization for orphan children and children without parental support, special teaching and educational facilities of the closed type for children and teenagers with deviant (socially dangerous) behavior, non-standard educational institutions of the highest category for children, teenagers and young people who showed the outstanding capabilities, educational institutions of additional education of children and other organizations performing educational process for children, the medical organizations, organizations of social servicing the organizations of rest of children and their improvement and (or) on rendering services of public catering for the specified organizations and the organizations by tendering it is performed according to the decision of the customer or authorized body in the form of tender or public electronic auction.

5. Violation of the regulations on order placement provided by this Federal Law is the basis for recognition by court, Arbitration Court invalid order placements in the claim of the interested person or for the claim of representatives on control in the sphere of order placement of federal executive body, executive body of the subject of the Russian Federation or local government body.

6. Two and more customer, authorized body have the right to perform order placement on deliveries of the goods of the same name, accomplishment of the works of the same name, rendering the services of the same name by carrying out the joint biddings. The rights, obligations and responsibility of customers, authorized bodies when carrying out the joint biddings and procedure for carrying out the joint biddings are determined by the agreement of the parties according to the Civil code of the Russian Federation and this Federal Law. The contract with the winner or winners of the joint biddings consists each customer holding such auction or each customer for whom order placement by tendering was performed by authorized body.

Execution of the contracts signed with the winner or winners of the joint biddings is performed by the parties according to the Civil code of the Russian Federation and other Federal Laws taking into account provisions of this Federal Law.

6.1. The goods of the same name, the works of the same name, the services of the same name are understood as the goods, works, services relating to one group of goods, works, services according to the nomenclature of goods, works, services for needs of customers approved by the federal executive body performing normative legal regulation in the sphere of order placement.

7. The order of interaction of customers, authorized bodies when carrying out the joint biddings can be established by the Government of the Russian Federation.

8. The decision on carrying out the joint biddings for needs of defense of the country and safety of the state is accepted by the Government of the Russian Federation.

Article 11. Requirements to bidders in case of order placement by tendering

1. In case of order placement by tendering the following mandatory requirements to bidders are established:

1) compliance of bidders to the requirements established in accordance with the legislation of the Russian Federation to persons, performing deliveries of goods, performance of works, rendering the services which are subject of the biddings;

2) not carrying out liquidation of the participant of accommodation of zakazayuridichesky person and lack of the decision of Arbitration Court on recognition of the bidder - the legal entity, the individual entrepreneur the bankrupt and about opening of bankruptcy proceedings;

3) not suspension of operations of the bidder according to the procedure, provided by the Russian Federation Code of Administrative Offences, on the date of application for participation in tender or the auction participation application;

4) absence at the bidder of debt on the accrued taxes, charges and other obligatory payments in budgets of any level or state non-budgetary funds for last calendar year which size exceeds twenty five percent of book value of assets of the bidder according to accounting records for the last complete accounting period. The bidder is considered conforming to the established requirement if he appeals availability of the specified debt in accordance with the legislation of the Russian Federation and the decision according to such claim on the date of consideration of the bid or the auction participation application is not accepted.

2. In case of order placement by tendering the customer, authorized body has the right to establish also following requirements to bidders:

1) possession of bidders of exclusive rights on intellectual property items if in connection with execution of the contract the customer acquires the rights to intellectual property items, except as specified order placements on creation of the literary work or art (except for the computer programs, databases), execution, on financing of hire or display of the national movie;

2) absence in the register of unfair suppliers of information about bidders provided by this Federal Law.

2.1. If in case of order placement on performance of works on construction, reconstruction, capital repairs of capital construction project by holding the auction the starting (maximum) price of the contract (lot price) constitutes fifty million rubles and more, the customer, authorized body has the right to establish also to bidders the requirement of accomplishment by them for the last five years preceding end date of submission due date of the auction participation applications, works on construction, reconstruction, capital repairs of capital construction project relating to the same group, subgroup or one of several groups, subgroups of works on which accomplishment the order, according to the nomenclature of goods, works, services for needs of customers approved by the federal executive body performing normative legal regulation in the sphere of order placement is placed which cost constitutes at least than twenty percent of the starting (maximum) price of the contract (lot price), on the right to conclude which the auction is held. At the same time cost all executed by the bidder (taking into account successorship) works on construction, reconstruction, capital repairs of one of capital construction projects is considered (at the choice of the bidder).

2.2. The government of the Russian Federation has the right to establish single additional requirements, including qualification requirements, to participants of order placement in case of order placement on deliveries, accomplishment, rendering according to separate goods, works, services for federal needs, and also needs of subjects of the Russian Federation or municipal needs for the purpose of execution of payment commitments of subjects of the Russian Federation, municipalities which source of financial provision in parts or in full are the target interbudget transfers provided from the federal budget or budgets of state non-budgetary funds of the Russian Federation. The acts of the Government of the Russian Federation adopted according to this part are considered at meeting of the Government of the Russian Federation in accordance with the established procedure.

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