ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 11, 2019 No. 1635

About approval of Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs

According to part 1 of article 20 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Approve the enclosed Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs.

2. Declare invalid the order of the Government of the Russian Federation of August 22, 2016 No. 835 "About approval of Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs" (The Russian Federation Code, 2016, No. 35, the Art. 5352).

3. This resolution becomes effective since January 1, 2020.

Approved by the Order of the Government of the Russian Federation of December 11, 2019 No. 1635

Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs

1. These rules establish procedure and cases of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs according to the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further respectively - purchase, public discussion, the Federal Law).

2. Public discussion is carried out in case of implementation of purchases by carrying out tenders and auctions in case of the starting (maximum) price of the contract, component or exceeding 1 billion rubles, except for the procurements conducted:

a) using the closed methods of determination of suppliers (contractors, contractors);

b) within the state defensive order;

c) in case of performance of works on construction, reconstruction, capital repairs, asset demolition of capital construction in the case provided by part 2 of article 63 of the Federal Law;

d) by carrying out repeated tender, electronic auction (in case of its carrying out according to part 4 of article 71 of the Federal Law).

3. Public discussion begins with date of placement in unified information system in the sphere of purchases of the scheduled plan of purchases (further respectively - unified information system, the schedule) containing information on the purchase which is subject according to these rules to public discussion and comes to an end no later than the term before which expiration determination of the supplier (the contractor, the contractor) can be cancelled according to article 36 of the Federal Law.

4. Public discussion is carried out by the customers, other persons conducting procurement according to the Federal Law (further - customers), concerning observance of requirements of the legislation of the Russian Federation by them and other regulatory legal acts about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs. At the same time in case of transfer according to the Budget code of the Russian Federation of powers of the state, municipal customer to budget, autonomous institution, state, to municipal unitary enterprise, other legal entity, public discussion is performed by the specified organization, the unitary enterprise, other legal entity on behalf of the relevant organ or the organization which are the state, municipal customers and delegated them powers of the state, municipal customer.

5. Any legal entities and physical persons including registered as individual entrepreneurs state bodies and local government bodies can take part in public discussion on equal terms (further - participants of public discussion).

6. Participants of public discussion during term, stipulated in Item 3 these rules, post notes and (or) offers in the section "Obligatory Public Discussion of Purchases" of the official site of unified information system on the Internet (further - the specialized Section) after passing of the procedure of registration in unified information system according to established procedure of its functioning.

7. Notes and (or) proposals of participants of public discussion which arrived in the specialized Section undergo in the closed part of unified information system the preliminary check performed by the operator of unified information system for the purpose of exception of the notes and (or) offers containing offensive language and are placed in open part of unified information system no later than the day following behind day of their receipt.

8. The customer within 2 working days from the date of, the placement following behind day in the specialized Section by the participant of public discussion of the note and (or) offer, posts in the specialized section the pertinent answer placed notes and (or) offers. At the same time such answer automatically goes to the participant of public discussion to the e-mail address specified in case of its registration in the specialized Section.

9. By results of consideration of notes and (or) proposals of participants of public discussion the customer has the right to make according to the Federal Law changes to the schedule, the notice on purchase implementation, documentation on purchase or to cancel determination of the supplier (the contractor, the contractor). In case of cancellation of determination of the supplier (the contractor, the contractor) public discussion comes to an end.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info