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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 26, 2013 No. 1071

About approval of Rules of decision making about the conclusion on behalf of the Russian Federation of public contracts on delivery of goods, performance of works, rendering services for ensuring federal needs, agreements on public-private partnership and concessionary agreements for the term exceeding effective period of the approved limits of the budget obligations

(as amended on 04-02-2016)

According to Article 72, Item 6 of Article 78 of the Budget code of the Russian Federation and article 25 of the Federal law "About Modification of the Budget Code of the Russian Federation and Separate Legal Acts of the Russian Federation in connection with Enhancement of the Budget Process" Government of the Russian Federation decides:

1. Approve the enclosed Rules of decision making about the conclusion on behalf of the Russian Federation of public contracts on delivery of goods, performance of works, rendering services for ensuring federal needs, agreements on public-private partnership and concessionary agreements for the term exceeding effective period of the approved limits of the budget obligations.

2. Recognize invalid:

the order of the Government of the Russian Federation of December 29, 2007 No. 978 "About approval of Rules of decision making about the conclusion of long-term public (municipal) contracts on performance of works (rendering services) with long production cycle" (The Russian Federation Code, 2008, No. 2, the Art. 102);

the order of the Government of the Russian Federation of May 8, 2009 No. 404 "About modification of Rules of decision making about the conclusion of long-term public (municipal) contracts on performance of works (rendering services) with long production cycle" (The Russian Federation Code, 2009, No. 20, the Art. 2468);

the order of the Government of the Russian Federation of January 27, 2012 No. 40 "About modification of Rules of decision making about the conclusion of long-term public (municipal) contracts on performance of works (rendering services) with long production cycle" (The Russian Federation Code, 2012, No. 6, the Art. 685).

3. This resolution becomes effective since January 1, 2014.

Russian Prime Minister

D. Medvedev

 

Approved by the Order of the Government of the Russian Federation of November 26, 2013 No. 1071

Rules of decision making about the conclusion on behalf of the Russian Federation of public contracts on delivery of goods, performance of works, rendering services for ensuring federal needs, agreements on public-private partnership and concessionary agreements for the term exceeding effective period of the approved limits of the budget obligations

1. These rules determine procedure for decision making about the conclusion of public contracts on delivery of goods, performance of works, rendering services for ensuring the federal needs performed in accordance with the legislation of the Russian Federation about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs, agreements on public-private partnership in which public partner is the Russian Federation signed in accordance with the legislation of the Russian Federation about public-private partnership, municipal and private partnership and the concessionary agreements according to which the Russian Federation acts as the concedent concluded in accordance with the legislation of the Russian Federation about concessionary agreements for the term exceeding in the cases established by the Budget code of the Russian Federation, effective period of the approved limits of the budget obligations.

2. The state customers have the right to sign public contracts on performance of works, rendering services for ensuring federal needs, duration of production cycle of accomplishment which rendering exceeds effective period of the approved limits of the budget obligations, within the means provided by the regulatory legal acts of the Government of the Russian Federation or decisions of the main managers of means of the federal budget on preparation and realization of budget investments in capital construction projects of state-owned property of the Russian Federation accepted according to Article 79 of the Budget code of the Russian Federation for the term provided by the specified acts and decisions.

2(1). Concessionary agreements according to which the Russian Federation acts as the concedent can consist for the term exceeding effective period of the approved limits of the budget obligations based on decisions of the Government of the Russian Federation on the conclusion of the concessionary agreements made in accordance with the legislation of the Russian Federation on concessionary agreements within the means provided by the regulatory legal acts of the Government of the Russian Federation or decisions of the main managers of means of the federal budget on preparation and realization of budget investments in capital construction projects of state-owned property of the Russian Federation accepted according to Article 79 of the Budget code of the Russian Federation for the term provided by the specified acts and decisions.

3. Public contracts on performance of works, rendering services for ensuring federal needs, duration of production cycle of accomplishment which rendering exceeds effective period of the approved limits of the budget obligations can consist for term and within means of the Investment fund of the Russian Federation which are provided by the investment projects performed on the principles of public-private partnership.

4. Public contracts on performance of works, rendering services for ensuring federal needs, duration of production cycle of accomplishment which rendering exceeds effective period of the approved limits of the budget obligations and also public contracts on deliveries of goods for ensuring federal needs to the term exceeding effective period of the approved limits of the budget obligations which conditions provide the counter obligations which are not connected with objects of their execution can consist in accordance with the legislation of the Russian Federation about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs within state programs of the Russian Federation.

Such public contracts are signed for term and within means which are provided on realization of the relevant activities of state programs of the Russian Federation, on condition of determination in such programs of subjects to purchases with indication of concerning each subject to purchase of the following information:

a) if subject of the public contract is performance of works, rendering services:

name of subject to purchase;

the planned results of performance of works, rendering services;

purchase implementation terms;

limiting amount of funds for payment of results of the performed works, the rendered services with breakdown by years;

b) if subject of the public contract is delivery of goods:

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