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The document ceased to be valid since August 27, 2022 according to Item 2 of the Order of the Government of the Russian Federation of August 18, 2022 No. 1440

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 12, 2016 No. 1166

About establishment of features of procurement planning and carrying out tenders for determination of the supplier or the contractor with whom the public contract providing counter investment obligations of the investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation for ensuring the state needs of the subject of the Russian Federation, to creation or reconstruction of property in the territory of the subject of the Russian Federation used for rendering service for ensuring the state needs of the subject of the Russian Federation is signed

(as amended of the Order of the Government of the Russian Federation of 01.12.2021 No. 2151)

According to part 3 of article 111.4 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Establish the following features of procurement planning, the public contracts providing the conclusion with counter investment obligations of the investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation for ensuring the state needs of the subject of the Russian Federation, to creation or reconstruction of property in the territory of the subject of the Russian Federation used for rendering service for ensuring the state needs of the subject of the Russian Federation (further - the public contract):

a) in case of the description of subject to purchase in scheduled plans of purchases the minimum volume of investment, performed by the investor in creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation, creation or reconstruction of property in the territory of the subject of the Russian Federation used for rendering service taking into account the requirement specified in Item 5 of part 1 of article 111.4 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" is specified;

b) ceased to be valid

c) determination and reasons for the starting (maximum) price of the public contract is performed according to the procedure, approved by the supreme executive body of the government of the subject of the Russian Federation.

2. Determine that when carrying out tenders for determination of the supplier or the contractor with whom the public contract, customers is signed:

a) place the notification on holding open tender in unified information system in the field of purchases at least in 60 days prior to day of the deadline for submission of bids on participation in purchase;

b) establish in the notification on holding open tender, documentation on purchase (if the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" provides documentation on purchase), the draft of the public contract the requirement about provision by the investor of ensuring execution of the public contract regarding investment obligations of the investor on creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation, to creation or reconstruction of property in the territory of the subject of the Russian Federation used for rendering service in the amount of 2 to 5 percent of the volume of investment determined by the draft of the public contract according to the request of the procurement participant with whom the public contract is signed. At the same time effective period of the independent guarantee provided in ensuring execution of such obligations shall exceed the term during which the supplier investor performs creation or upgrade and (or) development of production of goods in the territory of the subject of the Russian Federation, creation or reconstruction of property in the territory of the subject of the Russian Federation used for rendering service for one month at least. Return of such obligations of money introduced by the supplier investor in ensuring execution is performed by the customer no later than one month from the date of obligation fulfillment on creation or upgrade and (or) development of production of the specified goods, creation or reconstruction of the specified property;

c) execution of the public contract signs public contracts after provision of the present provided with the subitem "b" Item.

3. The customer in the notification on carrying out tender, in documentation on purchase (if the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" provides documentation on purchase), the draft of the public contract has the right:

a) establish formula of the price and the maximum price value of the public contract;

b) provide advance payment according to the budget legislation of the Russian Federation. At the same time in the draft of the public contract the condition about payment of the specified advance payment only after provision by the investor of ensuring execution of the public contract in the amount of advance payment, and also check by the customer of the specified providing on compliance to requirements of the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" shall be established. Such providing is provided separately from the providing provided by the subitem "b" of Item 2 of this resolution. The customer has the right not to establish the requirement about provision by the supplier investor of other ensuring execution of the public contract regarding obligations of the investor on delivery according to the public contract, except the providing established by this subitem.

Russian Prime Minister

D. Medvedev

 

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

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