ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 22, 2016 No. 835

About approval of Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs

1. Approve the enclosed Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs.

2. This resolution becomes effective since January 1, 2017.

Approved by the Order of the Government of the Russian Federation of August 22, 2016 No. 835

Rules of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs

I. General provisions

1. These rules establish procedure and cases of carrying out obligatory public discussion of purchases of goods, works, services for ensuring the state and municipal needs (further respectively - purchases, obligatory public discussion).

2. Obligatory public discussion is carried out in case of implementation of purchases in case of the starting (maximum) price of the contract, component more than 1 billion rubles, with use of competitive methods of determination of suppliers (contractors, contractors), except as specified implementation of purchases:

a) using the closed methods of determination of suppliers (contractors, contractors);

b) within the state defensive order;

c) by carrying out repeated tender, electronic auction (in case of its carrying out based on part 4 of article 71 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" (further - the Federal Law) without change of subject to purchase), request for proposals;

3. Obligatory public discussion is carried out:

a) state customers;

b) municipal customers;

d) state or municipal unitary enterprises when implementing purchases according to part 2 of article 15 of the Federal Law;

e) autonomous organizations when implementing purchases according to part 4 of article 15 of the Federal Law;

e) legal entities, not being the public or local government offices, state or municipal unitary enterprises, when implementing of purchases by them according to part 5 of article 15 of the Federal Law;

g) budgetary institutions, autonomous organizations, state or the municipal unitary enterprises conducting procurement according to part 6 of article 15 of the Federal Law;

h) authorized bodies, authorized institutions to which according to article 26 of the Federal Law powers on planning and implementation of purchases, including determination of suppliers (contractors, contractors), the conclusion of the public and municipal contracts, their execution, including with possibility of acceptance of the delivered goods, the performed works (their results), the rendered services, ensuring their payment for the corresponding state and municipal customers are assigned.

4. Obligatory public discussion of purchases by the organizations and companies specified in the subitem "zh" of Item 3 of these rules is carried out on behalf of the relevant state bodies, governing bodies of state non-budgetary funds or local government bodies, State Atomic Energy Corporation "Rosatom" or the State corporation on space activities Roskosmos which transferred to these organizations and the companies of power of the state (municipal) customer.

5. Obligatory public discussion is carried out including concerning observance by persons specified in Item 3 of these rules (further - person performing obligatory public discussion), compliance of purchases:

a) to requirements of the legislation of the Russian Federation and other regulatory legal acts, including about contractual system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs;

b) to the purposes and actions provided by state programs of the Russian Federation (including federal target programs, other documents of strategic and program and target planning of the Russian Federation), state programs of subjects of the Russian Federation (including regional target programs, other documents of strategic and program and target planning of subjects of the Russian Federation), municipal programs;

c) to the international obligations of the Russian Federation, interstate target programs which participant is the Russian Federation;

d) to functions and powers of state bodies, governing bodies of state non-budgetary funds or local government bodies, State Atomic Energy Corporation "Rosatom" or the State corporation on space activities Roskosmos;

e) to decisions, orders and instructions of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, decisions and orders of the supreme executive bodies of the government of subjects of the Russian Federation, and also municipal legal acts;

e) to requirements of acts of regulation in the sphere of purchases;

g) to priority of ensuring the state and municipal needs by purchases of innovative and high-technology products.

6. Obligatory public discussion is carried out in 2 steps. Persons specified in the subitem "e" of Item 3 of these rules carry out obligatory public discussion since the second stage according to Items 33 - 39 these rules.

7. Obligatory public discussion is carried out in the Section "Obligatory Public Discussion of Purchases" of the official site of unified information system in the sphere of purchases on the Internet (further respectively - the specialized Section, unified information system), and also in the form of internal public hearings.

8. Any legal entities regardless of form of business, the location and the place of origin of the capital, any physical persons including registered as individual entrepreneurs state bodies and local government bodies can take part in obligatory public discussion on equal terms (further - participants of obligatory public discussion).

9. Participants of obligatory public discussion after passing of the procedure of registration in unified information system get access to the specialized Section where they can leave the notes and offers.

10. Notes and proposals of participants of obligatory public discussion, answers of persons performing obligatory public discussion protocols of stages of obligatory public discussion are posted in the specialized section in the terms established by Items 17, of 18, of 30, of 33, of 34, of 36 and 38 these rules.

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