INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 14, 2022 No. 6066-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)"

Based on article 7 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2018, No. 11, Art. 1588):

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, of March 1, 2019 No. 14) the following changes.

1.1. Declare Item 1.2 invalid.

1.2. To add subitem 1.3.1 of Item 1.3 after the word "Internet" with words "(further - the official site of the Bank of Russia)".

1.3. Add Item 1.4 with the paragraph of the following content:

"The Bank of Russia observes the principles of social and ecological responsibility, supports use of the specified approaches from suppliers (contractors, contractors) participating in purchases of the Bank of Russia.".

1.4. Add Item 1.8 with the paragraph of the following content:

"The application for participation in purchase is signed by person having powers to act on behalf of the procurement participant, or the procurement participant personally.".

1.5. To add Item 1.12 paragraph two after the words "submitted the application for accreditation" with the words "according to appendices 1 and 2 to this Provision".

1.6. Add with Items 1.12.1 and 1.12.2 of the following content:

"1.21.1. For the purpose of non-admission of actions of corruption nature and emergence of conflict of interest between the procurement participant and the Bank of Russia in the course of purchasing activity suppliers (contractors, contractors) without fail represent the corresponding commitment letters:

legal entities - as a part of the request for accreditation in the form provided by appendix 3 to this Provision;

individual entrepreneurs - as a part of the request for accreditation in the form provided by appendix 4 to this Provision;

physical persons - as a part of the application for participation in purchase in the form provided by appendix 4 to this Provision.

1.12.2. For the purpose of observance of requirements of the legislation in the field of counteraction of legalization (washing) of income gained in the criminal way, adhering to standards of circumspect behavior, the Bank of Russia in case of the choice of partners, the conclusion and execution of agreements requests from the suppliers (contractors, contractors) of assurance that the conclusion purpose them the contract with the Bank of Russia is not:

implementation of the activities directed to legalization of the money received in the criminal way or assistance in its implementation;

obtaining by the supplier (the contractor, the contractor) of the income only or mainly due to tax benefit.".

1.7. In Item 2.4:

add subitem 2.4.1.3 with the paragraph of the following content:

"When carrying out competitive purchase with possibility of assignment of the first place to several procurement participants by results of which the conclusion of the framework agreement is planned documentation on purchase joins the information about the planned number of winners, procedure for their ranging, procedure for distribution of requirement of the Bank of Russia for goods (works, services) which are purchase subject between winners of procurement procedure at stage of execution of the framework agreement. At the same time the procedure for distribution of requirement of the Bank of Russia for goods (works, services) which are purchase subject between procurement participants to whom following the results of purchase the first place is appropriated is reflected in the minutes of the commission on purchases.";

add subitem 2.4.3.3 with paragraphs of the following content:

"Within carrying out competitive negotiations documentation on purchase can provide:

demonstration by procurement participants of samples of goods, technical solutions, results of the works which are purchase subject;

acquaintance of procurement participants with object (objects) of the Bank of Russia if subject of purchase is work on such object (objects).";

add subitem 2.4.4.1 with paragraphs of the following content:

"In case of equality of price offers the first place is received by the procurement participant who submitted this price proposal earlier.

In case of carrying out rebidding when implementing multiple currency purchase in procurement documentation the currency rates established by the Bank of Russia on approval date of procurement documentation are fixed.".

1.8. In subitem 3.5.3 of Item 3.5:

third to state the paragraph in the following edition:

"submission due dates of applications for participation in the first and the subsequent stages of multi-stage purchase are established by the Commission on purchases similar to the terms provided by subitem 7.1.1.1 of Item 7. 1, subitem 7.2.1.1 of Item 7. 2, subitem 7.3.1 of Item 7. 3, subitem 7.4.1 of Item 7. 4, subitem 7.5.1 of Item 7.5 of this provision;";

the fifth to state the paragraph in the following edition:

"consideration of requests and the offers containing in them is carried out at each stage of multi-stage purchase. The term of consideration of requests at each stage cannot exceed fifteen calendar days (taking into account sending an inquiry on representation of explanations of provisions of the submitted applications) (from which ten - workers) following behind day of receipt of access to requests (openings of envelopes with requests) at this stage;".

1.9. In Item 4.2:

"legislation" to add paragraph two after the word with words of Russian Federation;

third to state the paragraph in the following edition:

"about not stay in the course of liquidation and (or) bankruptcy (about lack of the decision of Arbitration Court on introduction concerning the procurement participant of one of the insolvency proceedings provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (The Russian Federation Code, 2002, No. 43, Art. 4190; 2021, No. 27, the Art. 5181), about non-recognition by insolvent (bankrupt);";

to state paragraphs of the fifth and sixth in the following edition:

"about lack of shortage on taxes, charges, debt on other obligatory payments in budgets of budget system of the Russian Federation which size exceeds 25 percent of book value of assets of the procurement participant according to accounting records for the last complete accounting year, and (or) non-presentation by the procurement participant of tax statements over a year;

about lack of seizure of property of the procurement participant;";

the ninth and tenth to state paragraphs in the following edition:

"about lack of criminal record for crimes in the field of economy and (or) the crimes provided by Articles 289, of 290, of 291, 291.1 291.2 Criminal Codes of the Russian Federation (The Russian Federation Code, 1996, No. 25, Art. 2954; 2011, No. 50, Art. 7362; 2016, No. 27, the Art. 4257) (except for persons at whom such criminal record is extinguished or removed), at the procurement participant - the physical person registered as the individual entrepreneur the head, members of collegiate executive body or the chief accountant has organizations and about not stay them under the investigation, and also about non-use concerning the specified physical persons of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities which are connected with delivery of goods, performance of work, rendering service, being subject of purchase of the Bank of Russia, and administrative punishment in the form of disqualification;

about non-admission by the procurement participant of actions of corruption nature, about no conflict of interest between the procurement participant and the Bank of Russia and about implementation of measures, accepted by the procurement participant on prevention and settlement of such conflict of interest.".

1.10. State Chapter 5 in the following edition:

"Chapter 5. Procedure for accreditation of suppliers (contractors, contractors)

5.1. Accreditation of suppliers (contractors, contractors) - the procedure of check of suppliers (contractors, contractors) on compliance to the single requirements established to participants of purchases of the Bank of Russia in Item 4.2 of this provision.

Application for participation in purchase requires availability of the operating accreditation, at the same time for participation in purchase of the Bank of Russia the supplier (the contractor, the contractor) shall have the status of accredited person.

For participation in procurement, carried out by non-competitive methods, the procedure of accreditation is not performed.

5.2. The procedure of accreditation of suppliers (contractors, contractors) is held by the Purchasing department of the Bank of Russia.

5.3. The physical persons which are not registered as individual entrepreneurs are not subject to accreditation and take part in purchases of the Bank of Russia without passing of the procedure of accreditation.

5.4. Accredited supplier (the contractor, the contractor) is the supplier (the contractor, the contractor), data on whom are entered in the Register of accredited suppliers (contractors, contractors) of the Bank of Russia.

The purchasing department of the Bank of Russia performs monitoring (both on the basis of open sources, and on the basis of request of supporting documents) suppliers (contractors, contractors) accredited for participation in procurement of the Bank of Russia regarding identification of change of information about them containing in the request for accreditation, and compliance of suppliers (contractors, contractors) to the single requirements established to participants of purchases of the Bank of Russia.

5.5. The register of accredited suppliers (contractors, contractors) of the Bank of Russia is posted on the official site of the Bank of Russia and on ETP.

5.6. For accreditation passing the legal entity or the individual entrepreneur directs the request for accreditation by the Bank of Russia (appendix 1 to this Provision) with appendix of set of documents according to appendices 2, 2.1, 2.2, 3 to this Provision (for legal entities) or 2, 2.1, 2.2, 4 to this Provision (for individual entrepreneurs).

5.7. The procedure of accreditation of suppliers (contractors, contractors) is held in electronic or paper form (in case of absence at the supplier (the contractor, the contractor) of possibility of execution of the digital signature according to requirements of the legislation of the Russian Federation).

5.7.1. For accreditation passing electronically the request for accreditation with appendix of set of documents goes electronically with use of functionality of ETP according to regulations of work of ETP.

5.7.2. For passing of accreditation in paper form the request for accreditation with appendix of set of documents and the removable data carrier containing the scanned copies of all directed documents are sent to the address specified on the official site of the Bank of Russia.

5.8. Accreditation is carried out in time, not exceeding ten working days from receipt date of the request for accreditation with appendix of complete set of documents.

5.9. The Bank of Russia makes the decision on return of the request for accreditation on completion and sends to the supplier (the contractor, the contractor) the adequate notice in the form provided by appendix 5 to this Provision no later than eight working days from receipt date of the request for accreditation in the presence of the following circumstances:

the incomplete set of documents is provided;

the form of submission of documents does not conform to the requirements established by this Provision.

After receipt of the notification on return of the request for accreditation the supplier (the contractor, the contractor) has the right to submit the new application for accreditation according to requirements of Item 5.6 of this provision for completion, having eliminated the violations specified in the notification on return of the request for accreditation completion.

5.10. In case of discrepancy of the supplier (the contractor, the contractor) to any of the single requirements imposed to procurement participants of the Bank of Russia, the Bank of Russia makes the decision on refusal in accreditation and sends the notification on refusal to accreditations in the form provided by appendix 6 to this Provision no later than the term allotted for carrying out accreditation.

5.11. In case of compliance of the supplier (the contractor, the contractor) to the single requirements established to participants of purchases of the Bank of Russia, the Bank of Russia makes the decision on accreditation of the supplier (the contractor, the contractor) and enters the information about him in the Register of accredited suppliers (contractors, contractors) of the Bank of Russia within term, stipulated in Item 5.8 this provision.

5.12. In case of change of data on the name, the head, the chief accountant of the accredited supplier (the contractor, the contractor) provided in the request for accreditation, the accredited supplier (the contractor, the contractor) shall undergo before participation in procurement procedure the procedure of accreditation repeatedly.

5.13. Cancellation of accreditation of the supplier (the contractor, the contractor) is performed on the following bases:

identification of the facts of discrepancy of the accredited supplier (the contractor, the contractor) to any of the single requirements imposed to procurement participants during the monitoring performed by the Bank of Russia;

identification of the fact of provision by the supplier (contractor, contractor) of false information;

giving by the accredited supplier (contractor, contractor) of the statement for accreditation cancellation at own will.

5.14. In case of decision making about cancellation of accreditation of the supplier (the contractor, the contractor) the Bank of Russia:

sends to the supplier (the contractor, the contractor) the notification on cancellation of accreditation in the form established by appendix 7 to this Provision;

enters data on cancellation of accreditation of the supplier (the contractor, the contractor) in the Register of accredited suppliers (contractors, contractors) of the Bank of Russia.

The register of accredited suppliers (contractors, contractors) of the Bank of Russia containing information on cancellation of accreditation of the supplier (the contractor, the contractor) is posted on the official site of the Bank of Russia and on ETP within two working days from acceptance date of the specified decision. At the same time date of cancellation of accreditation is date of introduction of information about the supplier (the contractor, the contractor) in the Register of accredited suppliers (contractors, contractors) of the Bank of Russia.

5.15. In case of cancellation of accreditation of the procurement participant the procurement participant is debarred by the Bank of Russia from purchase at any time before agreement signature.

5.16. Single requirements to suppliers (contractors, contractors) for accreditation passing, procedure for its passing (including in case of change of information about the accredited supplier (the contractor, the contractor) provided in the request for accreditation) are posted on the official site of the Bank of Russia and on ETP.".

1.11. Item 6.3 after words "electronic or paper," to add with words "one-stage or multi-stage,".

1.12. Third Item 6.7 to add the paragraph with the words "and form of its carrying out".

1.13. In Item 7.1:

in subitem 7.1.3:

after the words "in other time" to add with the words "till the deadline for submission of bids on participation in purchase";

add with the paragraph of the following content:

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