ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 2, 2017 No. 1465

About state regulation of prices for products, delivered according to the state defense order, and also about modification and recognition voided some acts of the Government of the Russian Federation

According to the Federal Laws "About the State Defense Order" and "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. Approve enclosed:

Regulations on state regulation of prices for products, delivered according to the state defense order;

changes which are made to acts of the Government of the Russian Federation.

2. To federal executive bodies, State Atomic Energy Corporation "Rosatom" and State corporation on space activities Roskosmos in 6-month time from the date of entry into force of this resolution to bring the acts into accord with this resolution.

3. To the Ministry of Industry and Trade of the Russian Federation in 6-month time from the date of entry into force of this resolution to approve in coordination with the Ministry of Defence of the Russian Federation, Federal Antimonopoly Service, State Atomic Energy Corporation "Rosatom" and the State corporation on space activities Roskosmos the procedure for determination of structure of the costs included in the price of products delivered within the state defense order.

4. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

5. This resolution becomes effective since January 1, 2018.

Approved by the Order of the Government of the Russian Federation of December 2, 2017 No. 1465

Regulations on state regulation of prices for products, delivered according to the state defense order

I. General provisions

1. This Provision establishes procedure for state regulation of goods prices, works, services (further also - products) delivered according to public contracts (contracts) according to the state defense order (further - state regulation of the prices), and also powers of federal executive bodies, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos on state regulation of the prices in the field of the state defense order.

2. The concepts used in this Provision mean the following:

"method of the analysis of market indicators" - the method of determination of price for products consisting in price fixation on products at the level which is not exceeding the price of these products which developed at the exchange (the exchange indicator) or determined according to data of official statistical information;

"method of the comparable price" - the method of determination of the price for products consisting in price fixation on products, which is not exceeding the price of the comparable products which developed in the corresponding goods market (market price);

"comparable products" - products identical or homogeneous considered which realization was enabled in comparable conditions during the period which is not exceeding 2 years before pricing date on the considered products, and having the consumer properties allowing to replace the considered products (taking into account availability of necessary licenses at producers of these products), or products which are interchanged in relation to considered in accordance with the legislation of the Russian Federation about protection of the competition;

"costly method" - the method of determination of price for products consisting in price fixation on products proceeding from structure of costs for its delivery (including production) in the form of the amount of sizes of these costs and profitability (profit) determined according to the Section IV of this provision;

"basic price" - the price for products determined by costly method in the conditions of the base year and used for determination of price for products for the next year and planning period using method of indexation of the basic price or method of indexation according to cost items;

"basic costs" - the costs determined by costly method in the conditions of the base year and used for determination of price for products for the next year and planning period using indexation method according to cost items;

"base year" - calendar year in the conditions of which the basic price (basic costs) is calculated;

"indexes" - price indexes and indexes deflators, and also other indicators of social and economic development of the Russian Federation used in case of the pricing on products according to the procedure established by the Ministry of Economic Development of the Russian Federation;

"method of indexation of the basic price" - the method of determination of price for products consisting in price fixation on products for the next year and planning period by indexation of the created earlier basic price using the corresponding indexes;

"product cost" - set of the costs determined according to established for products delivered according to the state defense order, procedure for determination of structure of costs for delivery (including production) these products;

"the introduced costs" - purchase costs of purchased components (semifinished products), the special equipment for scientific experimental works, and also works and services of third parties (except for traveling expenses);

"own costs" - difference between product cost and the introduced costs;

"indexation method according to cost items" - method of determination of price for products with long (3 years and more) production cycle, the consisting in price fixation on products for the next year and planning period in the form of the amount of sizes of costs according to individual clauses as a part of own and introduced costs determined by indexation using the corresponding indexes, and the size of profit determined according to the Section IV of this provision;

"supplier" - the supplier (the contractor, the contractor) of products necessary for accomplishment of the state defense order who signed the public contract (contract) for delivery of these products;

"the single supplier" - the supplier Russian arms and military equipment which have no Russian analogs and which production is performed by the single producer, included in the register of the single suppliers such arms and military equipment, or determined in accordance with the established procedure by acts of the President of the Russian Federation or the Government of the Russian Federation the single supplier (the contractor, the contractor) of the product range specified in these acts by the state defense order the signed public contract (contract) for delivery of the corresponding products;

"the register of the single suppliers" - the register of the single suppliers Russian arms and military equipment which have no Russian analogs and which production is performed by the single producer, conditions of inclusion in which the Russian organizations and which procedure for maintaining are determined by Regulations on maintaining the register of the single suppliers Russian arms and military equipment, the approved order of the Government of the Russian Federation of September 19, 2013 No. 826 "About approval of the Regulations on maintaining the register of the single suppliers Russian arms and military equipment";

"potential supplier" - the supplier (including the producer) products according to the state defense order (products necessary for accomplishment of the state defense order) offering to the state customer (customer) terms of its delivery for the purpose of the conclusion of the public contract (contract);

"the potential single supplier" - the potential supplier included in the register of the single suppliers or determined by the single supplier acts of the President of the Russian Federation or the Government of the Russian Federation or concerning which preparation of one of the specified decisions by determination by the single product supplier according to the state defense order (products necessary for accomplishment of the state defense order) is performed;

"customer" - the head contractor of the public contract according to the state defense order or the organization entering (planned to inclusion) in cooperation of the head contractor and which concluded (planning to sign) the supplier contract of products necessary for accomplishment of this public contract;

"essential changes of delivery conditions (including productions) products" - circumstances in case of which approach there is change of product cost in the current year in comparison with cost in the base year more than for 5 percent and at the same time planned profitability (profit) in case of increase in the current year in product cost decreases to level below the minimum value, stipulated in Item 55th this provision, as a result of action of one or several of the following factors:

change of requirements to delivered goods by the state customer (customer) or in coordination with it the organization having public contracts (contracts) for performance of works (including research and (or) developmental works), the rendering services concerning these products which entailed modification of design and (or) technical documentation on the specified products;

change of annual scope of supply (including productions) products and (or) revenue of the organization;

change in the exchange rate of ruble to foreign currencies;

adoption of the Federal Laws and (or) other regulatory legal acts of the Russian Federation, subjects of the Russian Federation, legal acts of local government bodies;

scope change and (or) structure of special costs and (or) costs for preparation and development of production of such products;

"auxiliary works" - the works (service) in transportation, insurance, implementation of commissioning, installation and other works (services) connected with delivery of products and exerting impact on the price of the public contract (contract);

"lists of products according to the state defense order" - the lists of products approved in accordance with the established procedure according to the state defense order to which state regulation of the prices applies;

"exchange goods" - object of trade at commodity exchange in accordance with the legislation of the Russian Federation or the legislation of foreign state;

"the exchange indicator" - price value of exchange goods, information on which is opened on the official site of the exchange;

"industry bodies" - the Ministry of Industry and Trade of the Russian Federation, State Atomic Energy Corporation "Rosatom", the State corporation on space activities Roskosmos performing powers in the field of state regulation of the prices according to the procedure and the limits set by this Provision, and determining according to the established fields of activity by industries of feature of implementation of separate procedures within state regulation of the prices according to the procedure and the amounts established by this Provision;

"the proving documents" - the documents sent by the organization to the state customer (the head contractor) as a part of the offer on the forecast price according to the Section V of this provision, the offer on the price of products directed within determination of the starting (maximum) price of the public contract according to the Section VI of this provision, the offer on the price of products delivered by the single supplier according to Sections VII and VIII of this provision.

3. Other terms and concepts used in this Provision are applied in the values determined by the legislation of the Russian Federation in the field of the state defense order (further - the legislation on the state defense order) and about contractual system in the field of purchases of goods, works, services to ensuring the state and municipal needs (further - the legislation on contractual system in the field of purchases).

4. State regulation of the prices is performed during the forming, placement and accomplishment of the state defense order according to the purposes and the principles, the stipulated in Clause 9 Federal Laws "About the State Defense Order", and is aimed at providing accomplishment of the state program of arms regarding creation and equipment of the Armed Forces of the Russian Federation, other troops, military forming and bodies by modern samples of arms, the military and special equipment, others state (federal target) programs regarding actions which realization is enabled within the state defense order, and also on ensuring effective work of the organizations participating in accomplishment of the state defense order.

5. State regulation of the prices according to the procedure, established by this Provision, provides including:

a) determination of forecast price for products which delivery is planned according to the state defense order for the next year and planning period (further - forecast price for products) and also preparation of offers on determination of price type on products which delivery is planned by the single supplier;

b) determination of the starting (maximum) price of the public contract in case of placement of the state defense order by use of competitive methods of determination of suppliers (further - the starting (maximum) price of the public contract), the prices of the public contract in case of placement of the state defense order at the single supplier (further - the price of the public contract signed with the single supplier), and also prices for products, delivered within cooperation of the head contractor of the public contract according to the state defense order;

c) the state registration (further - registration) prices for products delivered by the single supplier;

d) determination of price type on products which delivery is provided by the single supplier;

e) refining of the size of the price and price type on products, and also the size of the price of the public contract signed with the single supplier.

6. State regulation of the prices is performed in the relation:

a) products included in lists of products according to the state defense order;

b) products delivered according to public contracts in connection with development, production, field service, upgrade, repair and utilization of products specified in the subitem "an" of this Item;

c) Russian arms and military equipment which have no Russian analogs and which production is performed by the single producers (the single suppliers);

d) works (services) in the field of space activities regarding the actions provided state (federal target) programs in the field of space activities which realization is enabled within the state defense order;

e) raw materials, materials, purchased components (semifinished products), the special equipment and other products delivered within cooperation of the head contractor of the public contract for accomplishment of the state defense order on delivery of products specified in subitems "a" - "" of this Item, - regarding application of the provisions provided by Sections II, III and IV of this provision.

7. Exceeding of the prices of the products specified in Item 6 of this provision delivered according to the public contract (contract) to the state customer (customer) in relation to the prices of these products determined according to this Provision is sign of the Federal Law "About the State Defense Order" of unreasonable overestimate of price for products prohibited by part 3 of Article 8 according to the state defense order.

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