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Law reviews

21.04.2011

Now it is required to substantiate the initial price of a state/municipal contract

Substantiation of the initial (maximum) price of contract (lot price) in compliance with the provisions of article 19.1 of Federal Law "On Placement of Orders on the Shipment of Goods, Performance of Works, Rendering of Services for the State or Municipal Needs" No. 94-FZ of 21 July 2005 is to be included into tender documents and auction documents placed on the official sites in the Internet. Tender documents are to be elaborated by the customer, the authorised body, the specialized organisation and approved by customer, the authorised body.

In order to substantiate the initial (maximum) price both of the state (municipal) contract and of a specific lot one may use the following sources of price information applied for this purpose:

  • state statistics data;
  • information on manufacturers' prices;
  • publicly available results of market survey, results of market survey initiated by the state or municipal customer or the authorised governmental body;
  • own calculations.

The Government of the Russian Federation is entitled to establish procedure for forming of the initial (maximum) prices of contracts (specific lots) on certain types of goods, works, services, including establishing of an exhaustive list of sources of information on prices for goods, works, services. The Government of the Russian Federation shall also determine placement details for a specific order on shipment of goods, performance of works or rendering of services for the federal needs. Furthermore, it may also introduce additional requirements (including qualifying requirements) to the participants of placement of orders.

It is determined that if an order for shipment of new machines and equipment in the amount of 50 million rubles and more is placed or if an order for shipment of medical equipment is placed, the supplier is obliged to provided security (in the amount equal to 2-10% of the lot's price).

The amendments became effective on 27 April 2011.

See: Federal Law "On Amendment of Federal Law "On Placement of Orders on the Shipment of Goods, Performance of Works, Rendering of Services for the State or Municipal Needs" No. 79-FZ of 21 April 2011".

 

 

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