of December 5, 2013 No. 1119
About approval of the Regulations on state regulation of prices for products, delivered according to the state defense order
According to the Federal Law "About the State Defense Order" Government of the Russian Federation decides:
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of December 5, 2013 No. 1119
1. This Provision establishes procedure of state regulation of prices for products, delivered according to the state defense order (further - state regulation of the prices), and powers of federal executive bodies and State Atomic Energy Corporation "Rosatom" on implementation of state regulation of the prices.
2. State regulation of the prices is performed during the forming, placement and accomplishment of the state defense order according to the purposes and the principles, the stipulated in Clause 9 Federal Laws "About the State Defense Order", and is aimed at providing accomplishment of the state program of arms regarding creation and equipment of the Armed Forces of the Russian Federation, other troops, military forming and bodies by modern samples of arms, the military and special equipment.
3. State regulation of the prices is performed concerning products included in the lists of products according to the state defense order to which state regulation of the prices applies approved in accordance with the established procedure and also goods (works, services) delivered according to the state defense order in connection with development, production, field service, repair or utilization of the specified products (further - products).
At the same time it is provided:
determination of forecast prices for products and preparation of offers on determination of price types on products planned to placement at the single supplier (the contractor, the contractor) (further - the single supplier), - when forming the state defense order;
determination of the starting (maximum) price of the public contract, and also price type on products and the size of the price of the public contract signed with the single supplier - in case of placement of the state defense order;
refining of price type on products and the size of the price of the public contract signed with the single supplier taking into account the established conditions and procedure for application of price types - in case of accomplishment of the state defense order.
4. State regulation of the prices is performed by the state customers of the state defense order (further - the state customers), the Ministry of Industry and Trade of the Russian Federation, Federal Space Agency and State Atomic Energy Corporation "Rosatom" (as the state customers and industry bodies according to the established spheres of maintaining for industries), and also the Ministry of Economic Development of the Russian Federation and Federal Antimonopoly Service according to the procedure, established by this Provision and other regulatory legal acts adopted in pursuance of the Federal Law "About the State Defense Order".
5. The state customer when forming the state defense order performs according to the rules of development of the state defense order and its main indicators determined in accordance with the established procedure (further - rules), preparation of offers on the nomenclature and product quantity (with indication of technical characteristics), its forecast price, order placement method, potential suppliers (contractors, contractors) of these products and sends them taking into account the established spheres of maintaining on industries to the Ministry of Industry and Trade of the Russian Federation, Federal Space Agency or State Atomic Energy Corporation "Rosatom" (further - industry body) and to Federal Antimonopoly Service.
The forecast price of products is created by the state customer based on the forecast cost indicators included in the state program of arms taking into account ratio of the indicators determining its technical characteristics, approximate amounts of products and cost of extra works, the services connected with its acquisition.
6. Industry body:
within 15 working days from the date of receipt of offers, stipulated in Item the 5th this provision, the list of the organizations - potential suppliers (contractors, contractors) (further - the organizations) the offered product range, including the single suppliers included in the register of the single suppliers Russian in arms and military equipment or on which relevant decisions, and offers on determination of the single suppliers in accordance with the established procedure by the President of the Russian Federation or the Government of the Russian Federation are made approves with the state customer;
within 10 working days from the date of approval of the state customer of the list of the organizations sends to the relevant organizations inquiries for forecast prices for products, meeting requirements of the state customer (further - request about the forecast prices), for the purpose of forming of the draft of the state defense order. Forms of requests are established by Federal Antimonopoly Service in coordination with industry bodies.
7. The organization creates the offer on forecast price for products (further - the offer on the forecast price):
proceeding from the production costs and sales of products determined in accordance with the established procedure, and features of production of separate types of products, by indexation of size of reasonable costs according to individual clauses concerning products delivered earlier (including at the registered price), using the corresponding indexes (consumer price indexes, price indexes of producers, indexes deflators by types of economic activity and other indicators) determined by the Ministry of Economic Development of the Russian Federation in accordance with the established procedure taking into account the factors reducing costs for its production, and possibilities of minimization of total expenses on development, production, field service, repair, utilization of products and also on the basis of price analysis on similar products;
taking into account profit as a part of the price for products which cannot exceed 1 percent of costs of the organization for payment of purchased components (semifinished products), works (services) of other expected contractors of the corresponding task of the state defense order, and 20 percent of other costs of the organization for delivery of goods, performance of works, rendering services (further - delivery of products) in connection with accomplishment of this task.
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