Commercial law. Supply of products for government needs (lecture notes)

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Commercial law. Supply of products for government needs (lecture notes)

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LECTURE No. 43. Deliveries of products for state needs

Federal state needs are the needs of the Russian Federation for products that are necessary to solve the problems of life support, defense and security of the country and for the implementation of federal target programs and interstate target programs in which the Russian Federation participates. The supply of products for state needs is carried out by concluding state contracts with enterprises, institutions, organizations for the supply of products for state needs.

To supply products for state needs, the following actions are performed:

1) The Government of the Russian Federation approves the list of state customers for products;

2) a state customer is determined, which may be a federal executive body, a federal state enterprise or a state institution;

3) orders are placed for the supply of products for federal state needs through open and (or) closed bidding (tenders, auctions);

4) state customers are provided with financial resources in the amount established by the federal budget;

5) state customers are responsible for the implementation of federal target programs and provision of federal state needs;

6) The Government of the Russian Federation provides guarantees for the obligations of the state customer within the limits of funds allocated from the federal budget.

The objectives of the supply of products for federal state needs are:

1) maintaining the necessary level of defense capability and security of the state;

2) ensuring export supplies of products to fulfill international economic, including foreign exchange and credit obligations of the Russian Federation;

3) creation and maintenance of state material reserves of the Russian Federation;

4) implementation of federal targeted programs.

Deliveries of products for state needs are provided at the expense of the relevant budget and extra-budgetary sources that are attracted for these purposes. Federal state needs and the volume of their financing from the federal budget are provided for in the federal law on the federal budget for the planning period.

When supplying products for federal state needs, the following mandatory conditions are established:

1) compliance of the specified products with current standards;

2) delivery of only Russian goods.

In the state contract for the supply of products for federal state needs:

1) the rights and obligations of the state customer and supplier to meet federal state needs are determined;

2) the relations of the supplier with the state customer are regulated in the course of the execution of the state contract;

3) control by the state customer over the progress of work on the implementation of the state contract and the provision of advisory and other assistance to the supplier without interference in the operational and economic activities of the latter may be envisaged.

Suppliers of products, enterprises that perform work and provide services for federal state needs are determined by holding a tender. The competition may be:

1) open;

2) closed;

3) ordinary;

4) two-stage.

The most common is the usual open competition.

Stages of the competition to determine the supplier of products for federal state needs:

1) publication in the media of the announcement of the competition;

2) sending information to applicants about planned deliveries for federal state needs with a description of the delivery conditions offered by the state customer;

3) receiving proposals from candidates for the organization of supplies;

4) evaluation of received proposals;

5) selection of the winner of the competition;

6) conclusion of a state contract with the winner of the competition.

In order to take part in the competition, candidates are subject to special requirements:

1) they must have the necessary production capacity and other capabilities to fulfill the state order;

2) they must be Russian enterprises (admission to the competition of foreign enterprises is possible in exceptional cases - if there is no production of the specified type of product in the Russian Federation or if such production is inappropriate);

3) in case of providing false information, candidates may be excluded from participation in the competition. Suppliers have the right to require the organizer of an open tender to clarify the tender documentation. The organizer of an open tender must respond to requests from suppliers received before the deadline for submitting applications for participation in an open tender for clarifications of the provisions of the tender documentation. The organizer of an open tender must send to suppliers an explanation of the provisions of the tender documentation within the established time limits.

When considering the proposals of the contestants, a protocol of the competition is kept, which indicates:

1) a brief description of the goods supplied;

2) the name and addresses of the tender participants;

3) a list of tender participants who did not pass the preliminary selection;

4) the prices of goods offered by the participants of the competition;

5) the name of the winner of the competition and the price of the goods supplied by him;

6) the grounds for the decision by the tender organizer to reject applications for participation in the tender;

7) the reasons why the state contract has not been concluded.

Based on the results of the tender, the winner is determined by the participant who offered the best delivery terms. The organizer of an open tender is obliged to publish in the media information on the results of the open tender - on the name of the winner of the open tender, the names of the goods supplied by him and the prices of the goods supplied.

A closed competition is held in cases where:

1) the subject of the state contract is the supply of goods for the needs of the defense and security of the state in the part constituting a state secret;

2) technically complex goods are produced by a limited number of suppliers. When the competition is closed, the announcement in the media about its holding is not published, and the competition materials are sent directly to the candidates selected in advance by the competition commission.

In a two-stage competition, preliminary negotiations are held with its participants, conditions are specified, after which the second stage is held - the competition itself.

Control over the competition for the supply of products for federal state needs is carried out by a state body authorized by the Government of the Russian Federation.

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