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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 15, 2022 No. 1838

About change of essential conditions of the contracts signed for ensuring federal needs, in connection with mobilization in the Russian Federation, about change of some acts of the Government of the Russian Federation concerning implementation of purchases of goods, works, services for ensuring the state and municipal needs and purchases of goods, works, services with separate types of legal entities and about recognition voided separate provisions of the Order of the Government of the Russian Federation of December 25, 2018 No. 1663

The government of the Russian Federation decides:

1. Determine that according to part 65.1 of article 112 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" change of essential terms of the contract, concluded for ensuring federal needs is by agreement of the parties allowed if in case of execution of such contract there were circumstances which are not depending on contract parties attracting impossibility of its execution in connection with mobilization in the Russian Federation.

2. Recommend to the supreme executive bodies of subjects of the Russian Federation, to local administrations to take the measures providing possibility of change of essential conditions of the contracts signed for ensuring needs of the subject of the Russian Federation, municipal needs respectively if in case of execution of such contracts there were circumstances which are not depending on the parties of contracts attracting impossibility of their execution in connection with mobilization in the Russian Federation.

3. Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning implementation of purchases of goods, works, services for ensuring the state and municipal needs and purchases of goods, works, services with separate types of legal entities.

4. Recognize invalid Items 15 - 22, subitems "g" - "z" Item 24 of the Regulations on features of document flow when implementing of the closed competitive purchases electronically and procedure for accreditation on electronic platforms for implementation of the closed competitive purchases, No. 1663 approved by the order of the Government of the Russian Federation of December 25, 2018 "About approval of the Regulations on features of document flow when implementing of the closed competitive purchases electronically and procedure for accreditation on electronic platforms for implementation of the closed competitive purchases" (The Russian Federation Code, 2018, No. 53, the Art. 8696).

5. This resolution becomes effective from the date of its official publication, except for item 4 of the changes approved by this resolution which become effective since April 1, 2023.

 Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of October 15, 2022 No. 1838

Changes which are made to acts of the Government of the Russian Federation concerning implementation of purchases of goods, works, services for ensuring the state and municipal needs and purchases of goods, works, services with separate types of legal entities

1. In Item 9 (1) Rules of maintaining the register of the unfair suppliers approved by the order of the Government of the Russian Federation of November 22, 2012 No. 1211 "About maintaining the register of unfair suppliers provided by the Federal Law "About Purchases of Goods, Works, Services as Separate Types of Legal Entities" (The Russian Federation Code, 2012, No. 49, the Art. 6859):

a) in the offer the first:

shall be replaced with words the words "about unfair" "about unfair the procurement participant,";

shall be replaced with words the words "proper execution of the agreement was impossible" "evasion from the conclusion of the agreement, improper execution of the agreement arose";

after the words "in connection with" to add with words "mobilization in the Russian Federation,";

b) the offer second after the word "does not belong" to add with the words "evasion of the procurement participant from the conclusion of the agreement".

2. Paragraph one of the additional requirements to the independent guarantee used for the purposes of the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" approved by the order of the Government of the Russian Federation of November 8, 2013 No. 1005 "About the independent guarantees used for the purposes of the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (The Russian Federation Code, 2013, No. 46, Art. 5947; 2018, No. 28, Art. 4230; 2021, No. 52, of the Art. 9196) to state in the following edition:

"The independent guarantee is drawn up in writing on paper or in electronic form, the signed strengthened qualified digital signature of person having the right to act on behalf of the guarantor and shall be constituted on the approved order of the Government of the Russian Federation of November 8, 2013 No. 1005 "About the independent guarantees used for the purposes of the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" to standard form of the independent guarantee provided as tender security on participation in purchase of goods, work, service for ensuring the state and municipal needs (in case of creation of the independent guarantee provided as tender security on participation in purchase), standard form of the independent guarantee provided as ensuring execution of the contract (in case of creation of independent guarantee, provided as ensuring execution of the contract, except for providing the warranty obligations provided by the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs"), on the conditions determined by the civil legislation and article 45 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" taking into account the following requirements:".

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