ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 29, 2024 No. 246

About requirements when holding open tender of the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically

According to articles 38.2 and 38.4 of the Federal law "About Concessionary Agreements" and articles 32.1 and 32.3 of the Federal law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the right of the conclusion of the concessionary agreement electronically;

Rules of the organization of open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically;

requirements to banks in which the operator of an electronic trading platform has the right to open accounts for the cash accounting, provided as tender security on participation in open tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically.

2. This resolution becomes effective since March 1, 2024 and is effective till March 1, 2029 inclusive.

Approved by the Order of the Government of the Russian Federation of February 29, 2024 No. 246

Rules of the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the right of the conclusion of the concessionary agreement electronically

1. These rules establish procedure for the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and carrying out tender electronically according to the requirements established by the Federal Law "About Concessionary Agreements", and these rules (further respectively - electronic platform, tender electronically).

3. The procedure of the organization and carrying out tender is electronically performed by person who according to the Federal Law "About Concessionary Agreements" is concedent or can perform powers or the separate rights and obligations of the concedent (further - the organizer of tender), on the electronic platform chosen by it after passing on this electronic platform of the procedure of accreditation according to these rules.

4. For receipt of accreditation on electronic platform the organizer of tender submits to the operator of an electronic trading platform the following documents and information:

a) the statement for accreditation on electronic platform in the form established by the operator of an electronic trading platform (further - the application) signed by the strengthened qualified digital signature of person having the right to act on behalf of the organizer of tender;

b) the e-mail address of person authorized on behalf of the organizer of tender for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Concessionary Agreements";

c) the document confirming the power of the person having the right to act on behalf of the organizer of tender.

5. The operator of an electronic trading platform within one hour from the moment of receipt of accreditation by the organizer of tender according to these rules opens for the organizer of tender the working Section on electronic platform for carrying out tender electronically, to which only the organizer of tender has access, and also creates the Section on electronic platform, access to which has the unrestricted group of people and in which the organizer of tender necessary documents and materials when carrying out tender are placed electronically according to the Federal Law "About Concessionary Agreements".

6. For the purpose of placement on the electronic platform of the documents and materials necessary for participation in tender chosen as the organizer of tender electronically, persons who are taking part in tender electronically (further - participants of tender), and the organizations performing issue of the irrevocable bank guarantees provided as tender security on participation in tender electronically (further - the guarantor), undergo the procedure of accreditation according to these rules.

7. For accreditation on electronic platform the participant of tender or the guarantor submit to the operator of an electronic trading platform the following documents and information:

a) the application signed by the strengthened qualified digital signature of person having the right to act on behalf of the participant of tender or the guarantor;

b) the e-mail address of person authorized on behalf of the participant of tender or the guarantor for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Concessionary Agreements";

c) copies of the documents confirming powers of the person for receipt of accreditation on behalf of the participant of tender or the guarantor - the legal entity if on behalf of the participant of tender or the guarantor person who is not the participant manager of tender or the guarantor acts (the power of attorney on implementation on behalf of the participant of tender or the guarantor of the corresponding actions certified by seal (in the presence) and signed by the head or person authorized by it. If the specified power of attorney is signed by person authorized by the head also the copy of the document confirming powers of this person is submitted);

d) the extract from the Unified State Register of Legal Entities (for the participant of tender or the guarantor - the legal entity), the copy of the identity document of the participant of tender (for the individual entrepreneur);

e) properly certified translation into Russian of documents on state registration of the legal entity according to the legislation of the relevant state and the documents confirming powers of the person for receipt of accreditation on behalf of this legal entity - for the participant of tender who is the foreign legal entity.

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