ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 3, 2015 No. 1309

About approval of Rules of carrying out by authorized body of the negotiations connected with consideration of the offer on project implementation of public-private partnership, the project of municipal and private partnership regarding efficiency evaluation of the project and determination of its comparative advantage

According to 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 the enclosed Rules of carrying out by authorized body of the negotiations connected with consideration of the offer on project implementation of public-private partnership, the project of municipal and private partnership regarding efficiency evaluation of the project and determination of its comparative advantage.

2. Determine that on application of the Rules approved by this resolution the Ministry of Economic Development of the Russian Federation gives explanations.

3. This resolution becomes effective since January 1, 2016.

Approved by the Order of the Government of the Russian Federation of December 3, 2015 No. 1309

Rules of carrying out by authorized body of the negotiations connected with consideration of the offer on project implementation of public-private partnership, the project of municipal and private partnership regarding efficiency evaluation of the project and determination of its comparative advantage

I. General provisions

1. These rules determine procedure for negotiation between authorized body, the public partner and person who according to 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" can be the private partner if such person prepared the offer on project implementation of public-private partnership, the project of municipal and private partnership (further respectively - the project, the initiator of the project), by consideration by authorized body of the offer on project implementation regarding efficiency evaluation of the project and determination of its comparative advantage (further - negotiations).

2. Negotiations are held at the initiative of authorized body with obligatory participation of the public partner who sent the project to authorized body for the purpose of efficiency evaluation of the project and determination of its comparative advantage, and the initiator of the project (in the presence).

II. Procedure of negotiation

3. The authorized body initiates negotiation by the direction to the public partner and initiator of the project (in the presence) in writing of the notification on negotiation with indication of form of their carrying out, the list of cases in point and in need of the list of required additional materials and documents.

4. The public partner and the initiator of the project (in the presence) in time who is not exceeding 5 working days from the date of receipt of the notification on negotiation send to authorized body of the notification on participation in negotiations or about refusal of participation in negotiations. If the authorized body requested additional materials and documents, the public partner and the initiator of the project (in the presence) also direct the corresponding additional materials and documents to authorized body.

5. If the public partner and (or) the initiator of the project refused participation in negotiations or did not direct the notification on participation in negotiations in time, stipulated in Item 4 these rules, the authorized body leaves the offer on project implementation without consideration what in writing notifies the public partner and the initiator of the project (in the presence) on, and also returns to the public partner the offer on project implementation and the additional materials and documents attached to it.

6. If the public partner and the initiator of the project (in the presence) directed notifications on participation in negotiations according to item 4 of these rules, the authorized body in time no later than 10 working days from the date of receipt of the specified notifications will organize negotiation.

7. Negotiators have the right to involve in negotiation of consultants, competent state bodies and experts.

8. Negotiations are held within aggregate term of consideration of the offer on project implementation provided by part 5 of article 8 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".

III. Registration of results of negotiations

9. Results of the taken place negotiations, including the made decisions on change of the offer on project implementation, are drawn up by the protocol of negotiations (further - the protocol) in form according to appendix.

10. Changes can be made to the offer on project implementation on condition of the consent of all negotiators.

11. The protocol in number of 2 copies (3 copies - in the presence of the initiator of the project) is constituted by authorized body, signed from his name by the official holding position not below the deputy manager and goes to the public partner in time, not exceeding 10 working days from the date of negotiation.

12. The non-inclusion in the protocol of decisions on change of the offer on project implementation is not allowed.

13. On behalf of the public partner 2 copies of the protocol (3 copies - in the presence of the initiator of the project) are signed by the official holding position not below the deputy manager.

14. In the presence of the initiator of the project the public partner represents for signing to the initiator of the project 3 copies of the protocol signed by the public partner and authorized body in time, not exceeding 5 working days from the date of receipt of the protocol from authorized body.

15. The initiator of the project in time who is not exceeding 5 working days from the date of receipt of the protocol from the public partner signs the protocol and represents 2 copies of the protocol signed by all negotiators, to the public partner.

16. The public partner sends to authorized body 1 copy of the protocol signed by all negotiators, in time, which is not exceeding 10 working days from the date of receipt of the protocol from authorized body.

Appendix

to Rules of carrying out by authorized body of the negotiations connected with consideration of the offer on project implementation of public-private partnership, the project of municipal and private partnership regarding efficiency evaluation of the project and determination of its comparative advantage

(form)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info