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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 1, 2016 No. 615

About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house and procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses

(as amended on 29-09-2021)

According to part 1.1 of Article 180 and part 5 of article 182 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house (further - the Provision).

2. Purchases of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses (further - the regional operator), are performed by use of methods of determination of suppliers (contractors, contractors) provided by the Federal Law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", according to the procedure, established by the specified Federal Law, except as specified if subject of such purchase are goods, works, services, stipulated in Item 8 Provisions, and also cases, stipulated in Item 193 Provisions.

3. Item 2 of this resolution and the Section III of Provisions are applied after 90 days after day of entry into force of this resolution.

4. The first preliminary selection of contract organizations provided by the Provision is carried out in the subject of the Russian Federation not later than in 3 months from the date of entry into force of this resolution.

5. Realization of the powers provided by this resolution is performed by federal executive bodies within the number of the workers and budgetary appropriations provided to federal executive bodies in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of July 1, 2016 No. 615

Regulations on attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house

I. General provisions

1. This Provision determines procedure for attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses (further - the regional operator), contract organizations for rendering services and (or) performance of works by capital repairs of common property in the apartment house (further - contract organizations), for the purpose of increase in efficiency, effectiveness of involvement of contract organizations, ensuring publicity and transparency of involvement of contract organizations, prevention of corruption and other abuses in the course of involvement of contract organizations by carrying out preliminary selection of contract organizations, forming of the register of qualified contract organizations and carrying out purchases (biddings) for the purpose of the conclusion of the service provision agreement and (or) performance of works on capital repairs of common property in the apartment house (further respectively - purchase, the agreement on carrying out capital repairs).

2. In this Provision the following basic concepts are used:

"interested person" - the physical person interested in results of involvement of contract organizations (including being the individual entrepreneur), who submitted the application through the operator of an electronic trading platform for participation in preliminary selection, the application for participation in electronic auction or the legal entity who submitted the application for participation in preliminary selection, the application for participation in electronic auction;

"customer" - the regional operator, local government bodies and (or) the public, local budget, state institutions in the cases provided by part 4 of article 182 of the Housing code of the Russian Federation, the performing functions of the technical customer;

"purchase at the single contract organization" - method of determination of contract organization without carrying out competitive methods of determination of contract organization;

"conflict of interest" - cases in case of which the customer's head, the member of the commission on carrying out preliminary selection, the commission on implementation of purchases, the official of the customer performing organizational maintenance of involvement of contract organizations are married to the physical persons who are beneficiaries, sole executive body of economic society, members of collegiate executive body of economic society, the head of organization or unitary enterprise or other governing bodies of the legal entity - the participant of preliminary selection, electronic auctions or with the physical persons registered as the individual entrepreneur - participants of preliminary selection, electronic auctions or are close relatives (relatives on the direct ascending and descending line (parents and children, the grandfather, the grandmother and grandsons), full and not full (having general the father or mother) brothers or sisters), adoptive parents of the specified physical persons or adopted by them. Beneficiaries in this Provision are understood as the physical persons owning directly or indirectly (through the legal entity or through several legal entities) by more than 10 percent of voting shares of economic society or shares, exceeding 10 percent in the authorized capital of economic society;

the starting (maximum) price of the agreement" - the limiting price value of the agreement on carrying out capital repairs determined by the customer based on estimate documentation in cases if preparation of the project documentation is not required in accordance with the legislation of the Russian Federation about town-planning activities, or calculated by the customer by regulatory or project and estimate method according to parts 7 and 9 of article 22 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", or otherwise in the cases established by this Provision;

"operator of an electronic trading platform" - the legal entity irrespective of its form of business determined according to article 59 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs";

"official site" - the official site of unified information system of purchases on the Internet in accordance with the legislation of the Russian Federation about contractual system in the sphere of purchases;

"preliminary selection" - set of the actions which are part of procurement procedure (biddings) as a result of which forming of the register of qualified contract organizations of the subject of the Russian Federation, the summary register of the qualified contract organizations having the right to take part in purchases which subject is rendering services and (or) performance of works on capital repairs of common property in the apartment house in the territory of the subject of the Russian Federation making preliminary selection is performed;

"the register of qualified contract organizations" - the register of qualified contract organizations created by the executive body of the subject of the Russian Federation authorized by the subject of the Russian Federation on maintaining the register of qualified contract organizations following the results of preliminary selection which contains information on contract organizations provided by this Provision which have the right to participate in electronic auction in the established subject of electronic auction or at which procurements in cases, stipulated in Item 193 this provision can be conducted;

"the specialized organization" - the legal entity involved by the customer for implementation of functions on preparation and running an electronic auction;

"body for maintaining the register" - the executive body of the subject of the Russian Federation authorized by the subject of the Russian Federation on maintaining the register of qualified contract organizations;

"the participant of preliminary selection" - the legal entity irrespective of form of business or the individual entrepreneur, applying for inclusion in the register of qualified contract organizations;

"the participant of electronic auction" - the legal entity irrespective of form of business or the individual entrepreneur, the agreements on carrying out capital repairs applying for the conclusion;

"the expert, the expert organization" - the physical person, including the individual entrepreneur, or the legal entity having special knowledge, experience, qualification in the field of capital repairs of buildings (workers of the legal entity shall have special knowledge, experience, qualification in capital repairs of buildings) which perform activities for studying and assessment of subject of examination, and also for preparation of expert opinions on the delivered customer, the participant of preliminary selection or the participant of electronic auction to questions in the cases provided by this Provision;

"electronic auction" - the electronic auction on rendering services and (or) performance of works on capital repairs of common property in the apartment house which is competitive method of determination of contract organization, held electronically in case of which the winner the procurement participant included in the register of qualified contract organizations and who offered the smallest price of the agreement is recognized;

"electronic platform" - the website on the Internet on which are made the preliminary selection and electronic auctions determined according to requirements of part 4 of article 59 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs".

3. The principles of involvement of contract organizations are:

a) availability, gratuitousness and openness of information on involvement of contract organizations, its reliability and completeness;

b) creation of equal conditions for participants of preliminary selection and participants of electronic auctions;

c) fair competition of participants of preliminary selection and participants of electronic auctions;

d) professionalism of the customer, implementation of its activities, activities of the specialized organization on professional basis with involvement of the qualified specialists having theoretical knowledge and skills in the sphere of purchases;

e) effective use of the means of the regional operator created at the expense of fees on capital repairs of owners of rooms in apartment houses and funds of the state support for rendering services and (or) performance of works on capital repairs of common property in apartment houses for the purpose of creation of safe and favorable conditions for accommodation;

e) creation of conditions for timely and complete requirements satisfaction in rendering services and (or) performance of works with required indicators of the price, the quality and reliability necessary for the purposes of providing the organization and timely carrying out capital repairs of common property of apartment houses.

4. Preliminary selections and (or) electronic auctions are carried out on the website of the operator of an electronic trading platform from among operators of the electronic platforms determined by the act of the Government of the Russian Federation for the purpose of ensuring carrying out purchases 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. Involvement of the operator of an electronic trading platform to carrying out preliminary selection is performed by body for maintaining the register, to holding electronic auctions - the customer.

5. Before commissioning of the Section of the official site provided for placement of information on contract organizations, for placement of such information including maintaining the register of agreements on carrying out the capital repairs provided by the Section VI of this provision the websites of executive bodies of the subjects of the Russian Federation authorized on maintaining the register of qualified contract organizations on the Internet are used (further - Internet network).

5(1). Access for customers, bodies for maintaining the register to unified information system in the sphere of purchases (further - unified information system) is provided after passing of procedures of registration, identification, authentication and authorization in unified information system. Registration of customers, bodies for maintaining the register in unified information system is performed by the Federal Treasury according to established by it rather.

II. Preliminary selection. Register of qualified contract organizations

6. Preliminary selection is made in the subject of the Russian Federation in terms, stipulated in Item 4 orders of the Government of the Russian Federation of July 1, 2016 No. 615 "About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house and procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses". After the expiration of the specified term preliminary selections are performed by body for maintaining the register at least once a quarter.

7. Following the results of carrying out preliminary selection by body for maintaining the register the register of qualified contract organizations is created.

8. Preliminary selection of contract organizations is made for rendering services and (or) performance of works in the following objects of electronic auction:

a) rendering services and (or) performance of works on capital repairs of common property of apartment houses;

b) rendering services and (or) performance of works on capital repairs of common property of the apartment houses which are the objects of cultural heritage revealed by objects of cultural heritage;

c) rendering services and (or) performance of works on repair, replacement, upgrade of elevators, repair of lift mines, machine and block rooms (further - repair (replacement, upgrade) of elevators);

d) rendering services and (or) performance of works according to technical condition of the apartment house, development of the project documentation on carrying out capital repairs of common property of apartment houses, including on repair (replacement, upgrade) of elevators;

e) rendering services and (or) performance of works according to technical condition, development of the project documentation on carrying out capital repairs of common property of the apartment houses which are the objects of cultural heritage revealed by objects of cultural heritage including on repair (replacement, upgrade) of elevators;

e) performance of works on assessment of conformity of elevators to requirements of the technical regulation of the Customs union 011/2011 "Safety of elevators" (TR CU 011/2011) approved by the decision of the Commission of the Customs union of October 18, 2011 No. 824 "About adoption of the technical regulation of the Customs union "Safety of elevators" (further - the technical regulation);

g) rendering services in implementation of construction supervision.

9. The protocols constituted during preliminary selection, the application for participation in preliminary selection, documentation on carrying out preliminary selection the changes made to such documentation, and explanations of this documentation and also audio-and (or) video of work of the commission on carrying out preliminary selection are stored by body for maintaining the register at least 3 years.

10. Collection of payment by the operator of an electronic trading platform from participants of preliminary selection and from body for maintaining the register is not allowed.

11. Persons accredited on electronic platform according to requirements of the Federal Law "About contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs can participate in preliminary selection.

12. The body for maintaining the register prior to carrying out preliminary selection makes the decision on creation of the commission on carrying out preliminary selection, determines its structure, including the chairman and the secretary of the commission, and procedure for its work.

13. The commissions on carrying out preliminary selection in addition to officials of body for maintaining the register shall be included:

a) representatives of executive body of the subject of the Russian Federation responsible for implementation of the regional program of capital repairs of common property in apartment houses, if the specified body is not authorized by the subject of the Russian Federation on maintaining the register of qualified contract organizations;

b) customer representatives;

c) representatives of the executive bodies of the subject of the Russian Federation performing functions on forming and realization of state policy in the field of the state protection, preserving, use and promoting of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation in case of carrying out preliminary selection on the right of participation in electronic auctions concerning common property in the apartment houses which are the objects of cultural heritage revealed by objects of cultural heritage;

d) ceased to be valid

e) ceased to be valid

13(1). Authorized representatives of public council concerning housing and communal services created in the subject of the Russian Federation and also representatives of other public organizations can be part of the commission on carrying out preliminary selection.

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