INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 21, 2019 No. 5074-U

About modification of the Provision of the Bank of Russia of March 1, 2018 No. 632-P "About purchases of the Central bank of the Russian Federation (Bank of Russia)"

1. Bring in the Provision of the Bank of Russia of March 1, 2018 No. 632-P "About purchases of the Central bank of the Russian Federation (Bank of Russia)" ("the Bulletin of the Bank of Russia" of March 14, 2018 No. 20) the following changes.

1.1. State Item 1.9 in the following edition:

"1.9. Procurements of the Bank of Russia are conducted according to the annual plan of purchases containing information about the procurements planned and conducted by the Bank of Russia. The annual plan of purchases is posted on the official site of the Bank of Russia.".

1.2. In paragraph one of Item 5.3 of the word "small amount if following the results of such purchase the agreement is not signed" shall be replaced with words ", carried out by non-competitive methods".

1.3. Add Item 5.11 with the offer of the following content: "This requirement is not applied to the physical persons which are not registered as individual entrepreneurs".

1.4. In Item 8.2:

the paragraph one to state in the following edition:

"8.2. In the course of the procurements conducted by the Bank of Russia anti-dumping measures without fail are applied. Documentation on purchase joins specifying on the right of the Bank of Russia to apply the anti-dumping measures provided by subitems 8.2.2 - 8.2.3 presents of Item.";

in paragraph one of subitem 8.2.1 of the word" (except for auction)" to exclude;

state subitem 8.2.2 in the following edition:

"8.2.2. In case of purchase execution (except for auction) the Commission on purchases shall request from the procurement participant who offered the price of the contract for 25 and more percent below the values provided by subitem 8.2.1 of this provision, reasons for source of reduction of price of the agreement. By results of reasons consideration the Commission on purchases makes the decision on further review and assessment or variation of the request of the procurement participant.

In case of decision making about further review and assessment of the request of the procurement participant who offered the price of the contract for 25 and more percent below the values provided by subitem 8.2.1 of this provision, the Commission on purchases the requirement about provision by such procurement participant of ensuring obligation fulfillment for the agreement according to Items 12.1 - 12.3 this provision in the amount of, provided by documentation on purchase can be also established.";

add with subitem 8.2.3 of the following content:

"8.2.3. In case of holding the auction the contract with the procurement participant who offered the price of the contract for 25 and more percent below the values provided by subitem 8.2.1 of this provision consists after provision of ensuring obligation fulfillment by it under the agreement according to Items 12.1 - 12.3 this provision in the amount of, provided by documentation on purchase.".

1.5. In subitem 10.5 of the word "or variation of the proposal of the participant" to exclude.

1.6. To state subitem 11.1.14 of Item 11.1 in the following edition:

"11.1.14. Recognition of purchase cancelled in case of variation of all procurement participants and their requests as not meeting the requirements of procurement documentation or in case of not receipt of any request.".

1.7. In Item 12.1:

the paragraph one to state in the following edition:

"12.1. By documentation on purchase the requirement about provision of ensuring obligation fulfillment for the agreement, including in the cases of decrease in the starting (maximum) price of the agreement by the participant (participants) of purchase provided by subitem 8.2.1 of Item 8.2 of this provision can be established.";

word in paragraph three "subitems 11.1. 11.1.2" shall be replaced with words 1, "subitems 11.1.2";

state subitem 12.1.2 in the following edition:

"12.1.2. The amount on which the bank guarantee provided as ensuring obligation fulfillment under the agreement is issued shall constitute at least the size specified in documentation on purchase. If documentation on purchase provides advance payment (advance payments) under the agreement, the amount on which the bank guarantee is issued shall constitute at least the size of advance payment (advance payments).";

add subitem 12.1.3 with the new paragraph of the following content:

"The requirement about provision of the bank guarantee providing execution of warranty obligations of the supplier (the contractor, the contractor) can be provided by documentation on purchase. Effective period of such bank guarantee shall correspond to the period of the warranty period established by the agreement or exceed it.";

in subitem 12.1.4:

to add paragraph two after the words "in case" with the words "non-executions";

to state the paragraph of the seventh in the following edition:

"Additional requirements to the bank guarantee if necessary are established in documentation on purchase.";

in subitem 12.1.6:

word in paragraph one "the case provided by the paragraph the second" shall be replaced with words "the cases provided by paragraphs second and third";

add with the new paragraph of the following content:

"In the presence in documentation on purchase of the requirement about provision of the bank guarantee providing execution of warranty obligations of the supplier (the contractor, the contractor), by documentation on purchase the condition about provision of such bank guarantee after completion of delivery of goods can be provided (performance of works, rendering services). In this case documentation on purchase without fail joins condition about implementation of final settlements on the signed agreement after provision of the bank guarantee.".

1.8. Add Chapter 12 with Item 12.5 of the following content:

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