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Supply for state needs

Delivery for state and municipal needs of goods and services is a type of sale, one of the parties of which is the state ( Russian Federation or its subjects) or a municipal entity. Legal regulation of supplies for state needs is carried out by the Federal Law of the Russian Federation of July 21, 2005 No. 94-ФЗ “On placing orders for goods, works and services for state and municipal needs”. On January 1, 2014, Federal Law No. 94-FZ was repealed, the Federal Law of the Russian Federation of April 5, 2013 No. 44-FZ “On the contractual system in the field of procurement of goods, works, and services for state and municipal needs” entered into force.

Content

Essence of supplies for state and municipal needs

Deliveries of goods for state (municipal) needs are aimed at meeting the needs of the state in goods, services and works. Their funding comes from state and extra-budgetary sources of funding. Suppliers of goods, works and services for state (municipal) needs can be any organization that received this right on the basis of Federal Law No. 44-ФЗ.

Legal regulation of supplies for state and municipal needs

The concept of supply for state and municipal needs is introduced in Chapter 30 of the Civil Code of the Russian Federation, which gives the concept of a supply contract for state and municipal needs. Also, deliveries for state and municipal needs are regulated by such acts as:

  • Federal Law N 60-FZ of December 13, 1994 "On the Supply of Products for Federal State Needs";
  • Federal Law N 79-ФЗ of December 29, 1994 "On the State Material Reserve";
  • Federal Law No. 44-FZ of April 5, 2013 on the contractual system in the area of ​​procurement of goods, works, and services for state and municipal needs.

Earlier, there is also Federal Law No. 94-FZ of July 21, 2005 on Placing Orders for Goods, Works, and Services for State and Municipal Needs.

Since the entry into force of the Federal Law No. 44, other legislative acts are applied only to the extent that does not contradict it.

The basis of delivery for state and municipal needs is a state (municipal) contract concluded at the end of the bidding between the state or municipal customer and the contractor. A state (municipal) contract is a contract that is concluded by the customer on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipality in order to meet state (municipal) needs.

The following may act as customers on behalf of the state and municipalities:

  • state authorities of the Russian Federation;
  • state authorities of the subjects of the Russian Federation;
  • local authorities;
  • state institutions;
  • authorized to place orders recipients of funds from the budget.

In the capacity of executors in a state (municipal) contract there can be organizations that have become the winners of tenders for the execution of works, the supply of goods and services for state (municipal) needs.

Procurement Tenders for State and Municipal Needs

In accordance with the legislation of the Russian Federation [ clarify ] the organization that has won the bidding can supply goods, works and services for the needs of the state and municipalities. There are several types of bidding for state and municipal needs:

  • open competition;
  • request for quotations;
  • open auction in electronic form;
  • open auction;
  • procurement from a single supplier (constitutes a direct contract that is concluded without bidding in accordance with Article 93 N 44-ФЗ [ clarify ] ).

Informational support of supplies for state and municipal needs

In order to ensure transparency and accessibility of participation in deliveries for state and municipal needs of information on ongoing procurement and the results of their conduct should be posted on the official website for posting information on public procurement and five electronic trading platforms. Part of the procurement is also carried out on the Internet: an open auction in electronic form and a request for quotations.

Law No. 44-ФЗ clearly prescribes the procedures for placing information, conducting tenders and posting their results. Any violation entails punishment in the form of fines for both organizations and individuals. One of the basic principles of modern supplies for government needs is their openness, which is ensured through the Internet. Legal support for posting information on procurement conducted on the Internet for the state’s needs, in addition to the Federal Law No. 44, Government Decree No. 179 of March 17, 2008, “On Approving the Regulation on Using Internet Sites, in which electronic auctions are open, and requirements for technological, software, linguistic, legal and organizational means of ensuring the use of these sites, as well as systems that provide open auctions in electronic Orme. "

Notes

Links

  • Civil Code (Civil Code) ; Guarantor
  • Federal Law of July 21, 2005 N 94-FZ "On the placement of orders for the supply of goods, the execution of works, the provision of services for state and municipal needs"; Guarantor
  • The official website of the Russian Federation for placing information about placing orders for goods, works
Source - https://ru.wikipedia.org/w/index.php?title=Delivery_for_State_forced&oldid=91984170


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