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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 20, 2022 No. 335

Some questions of implementation of payment of goods, works and services for ensuring needs of the sector of safety and defense in the conditions of warlike situation

According to article 12-1 of the Law of Ukraine "About legal regime of warlike situation", to Item 3 parts one of Article 4, of part six of article 12 of the Law of Ukraine "About defense purchases", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that:

1) for warlike situation contract price on delivery of goods, performance of works and rendering services for ensuring needs of the sector of safety and defense, and also other goods, works and services for secured provision of requirements of safety and defense of Ukraine is determined based on the costing created by the contractor of the public contract (agreement) taking into account economic indicators of activities of the company at the time of the conclusion of the public contract. At the same time when calculating the price all taxes and fees, general production, administrative, operating and other expenses of the contractor connected with production of goods, performance of works and rendering services are considered.

During calculation and price fixation of provision concerning determination of the price on the basis of settlement and calculation materials, the forming established by Procedure and adjustments of the expected cost of goods, works and services of defense appointment which procurement is conducted according to the non-competitive procedure the approved resolution of the Cabinet of Ministers of Ukraine of March 17, 2021 No. 309 (The Official Bulletin of Ukraine, 2021, 30, Art. 1737) and conditions of the agreements signed according to this Procedure are not applied No.

The refusal of expense recovery of the contractor as a part of the price of goods (works, services) proved by technical, technological documentation and accounting policy of the contractor is not allowed. The price of goods (works, services) approved by the parties after the conclusion of the public contract (agreement) is not reviewed (except purchase contracts on import with domestic subjects of managing to which in the procedure established by the legislation powers on the right of implementation of commodity import, works and services of defense appointment are conferred).

Responsibility for correctness of calculation, justification of expenses under Articles of costing are born by the contractor of the public contract (agreement);

2) for warlike situation the state customers in the field of defense when implementing purchases of goods, works and services of defense appointment do not sign compensation (offset) agreements.

2. Add Item 1 of the resolution of the Cabinet of Ministers of Ukraine of February 28, 2022 with No. 169 "Some questions of implementation of defense and public purchases of goods, works and services in the conditions of warlike situation" as the subitem 7 of the following content:

"7) the state customers in the field of defense for implementation of advance payment on capital expenditures and according to public contracts (agreements) can transfer in case of need funds to suppliers of goods, contractors and service providers (except nonresidents) into the accounts opened on their name in national banks with subsequent use of the specified funds only for the purposes determined by public contracts (agreements) on purchase of goods, works and services with provision of supporting documents.".

3. Operation of this resolution extends, in particular, to current agreements (contracts) for deliveries of goods, performance of works and rendering services for ensuring needs of the sector of safety and defense, and also other goods, works and services for secured provision of requirements of safety and defense of Ukraine which are concluded before entry into force of this resolution, but continue to be carried out.

Prime Minister of Ukraine

D. Shmygal

 

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

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