ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 16, 2012 No. 837

About approval of Rules of realization (sale) of the material values issued from the state material reserve

The government of the Russian Federation decides:

Approve the enclosed Rules of realization of the material values issued from the state material reserve.

Approved by the Order of the Government of the Russian Federation of August 16, 2012 No. 837

Rules of realization (sale) of the material values issued from the state material reserve

1. These rules establish procedure for realization (sale) for the material values issued from the state material reserve (further - the state reserve), except for the material values realized when carrying out by responsible keepers refreshening and replacement of material values of the state reserve independently.

2. In these rules realization (sale) of the material values issued from the state reserve is understood as their paid alienation in connection with refreshening, replacement and razbronirovaniye.

3. The basis for realization (sale) of material values of the state reserve are the act of the Government of the Russian Federation of release of material values from the state reserve in connection with razbronirovaniye and the decision of Federal Agency for State Reserves on release of material values from the state reserve in connection with their refreshening and replacement.

4. Realization (sale) of the material values issued from the state reserve is performed by tendering in the form of auctions.

The decision on tendering is made by Federal Agency for State Reserves.

According to requirements of the legislation for ensuring protection of the data which are the state secret, the biddings on realization (sales) of the material values issued from the state reserve are closed.

5. Material values of the state reserve, free realization (sale) of which it is forbidden, are implemented (are on sale) taking into account the requirements established by the legislation of the Russian Federation for such type of products.

6. The organization of the biddings on realization (sales) of material values of the state reserve is performed by the Federal Agency for State Reserves performing powers of the owner concerning the material values of the state reserve making property of treasury of the Russian Federation or (according to the order of the Agency) its territorial authorities within the powers established by the Agency (further - the organizer of the biddings).

7. Organizer of the biddings:

a) determines the place, date and time of tendering;

b) establishes regulations of the organization and tendering;

c) sends invitations for participation in the biddings on realization (sales) of material values of the state reserve to potential applicants. In the invitation for participation in the biddings the subject of the biddings, the place, date and form of tendering, and also procedure for receipt of the auction documentation is specified. Any legal entity who is meeting mandatory requirements to the bidders established by these rules and directed the request about intentions to take part in the biddings on realization (sales) of material values of the state reserve (further - the request about intentions) can be the potential applicant for participation in the biddings. The request about intentions and notarized copies of the charter and the license for the right of work with the data which are the state secret go the potential applicant for participation in the biddings to Federal Agency for State Reserves the mailing. The request about intentions is confirmed by the potential applicant for participation in the biddings annually. The commitment form about intentions, procedure for its representation and confirmation are established by the order of the head of Federal Agency for State Reserves and are posted on the official site of Federal Agency for State Reserves on the Internet (further - Internet network);

d) sends the auction documentation to the potential applicants for participation in the biddings who confirmed the desire to take part in the biddings in the time established in the invitation;

e) will organize acceptance, registration and storage of applications for participation in the biddings;

e) draws up protocols of commission sessions, stipulated in Item 10 these rules;

g) signs the purchase and sale agreement with the winning bidder or with the bidder recognized by the only thing in case of recognition of the biddings by cancelled;

h) performs other actions on the organization of the biddings.

8. Carrying out obligatory value assessment of material values of the state reserve, subjects of realization (sale), is performed according to the Federal Law "About Estimative Activities in the Russian Federation".

The state customer performing order placement on rendering services in assessment of material values of the state reserve for the purpose of their realization (sale) is the organizer of the biddings.

9. Starting price of the implementable (sold) material values of the state reserve is established in the amount of the cost determined in the report of the appraiser.

10. For tendering the organizer of the biddings creates the commission from number of persons employed of the organizer of the biddings as a part of at least 5 people and provides its activities.

11. The commission performs the following functions:

a) makes the decision on the admission to participation in the biddings of applicants for participation in the biddings;

b) holds the auction;

c) determines the winning bidder and draws up the protocol on results of the biddings;

d) performs other actions connected with tendering.

12. Applicant for participation in the biddings is the potential applicant who submitted the application for participation in the biddings.

13. When tendering the following mandatory requirements to bidders are established:

a) not carrying out concerning the bidder of liquidation procedure and lack of the decision of Arbitration Court on recognition of the bidder by the bankrupt and about opening of bankruptcy proceedings;

b) not suspension of operations of the bidder according to the procedure, provided by the Russian Federation Code of Administrative Offences;

c) absence at the bidder of debt on the accrued taxes, charges and other obligatory payments in budgets of any level or state non-budgetary funds for last calendar year which size exceeds 25 percent of book value of assets of the bidder according to accounting records for the last complete accounting period;

d) availability of the license for implementation of the works connected with use of the data which are the state secret with effective period at least 1 year for date of application about intentions;

e) lack of arrears to the organizations of system of the state reserve;

e) lack of the fact:

evasion of the bidder from the conclusion of the purchase and sale agreement by results of earlier held auction;

termination by a court decision the purchase and sale agreement with the bidder by results of earlier held auction;

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