ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 28, 2023 No. 2362

About modification of the Order of the Government of the Russian Federation of July 1, 2016 No. 615

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the order of the Government of the Russian Federation of July 1, 2016 No. 615 "About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house and procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses" (The Russian Federation Code, 2016, No. 28, Art. 4740; 2017, No. 38, Art. 5629; 2021, No. 46, Art. 7715; 2022, No. 19, Art. 3228; 2023, No. 43, Art. 7697).

2. This resolution becomes effective since April 1, 2024, except for Item 16 of the Regulations on implementation by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment the, including high-technology equipment) approved by the order of the Government of the Russian Federation of July 1, 2016 No. 615 "About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house which were purchased and not used on carrying out capital repairs of common property in the apartment house procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, about procedure the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house" (in edition of this resolution) which becomes effective since January 1, 2025.

Approved by the Order of the Government of the Russian Federation of December 28, 2023 No. 2362

Changes which are made to the Order of the Government of the Russian Federation of July 1, 2016 No. 615

1. State the name in the following edition:

"About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house, procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses about procedure by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house".

2. In preamble of the word "According to Part 1.1 of Article 180 and Part 5 of Article 182 of the Housing Code of the Russian Federation" to exclude.

3. State Item 1 in the following edition:

"1. Approve enclosed:

Regulations on attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house;

Regulations on implementation by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house.".

4. In paragraph one of Item 2 of the word "according to the procedure, established by the specified Federal Law, except as specified if subject of such purchase are goods, works, services, stipulated in Item 8 Provisions, and also cases, stipulated in Item 193 Provisions" shall be replaced with words "according to the procedure, established by the specified Federal Law, except for case, stipulated in Item 2(1) these resolutions, cases if subject of such purchase are goods, works, services, stipulated in Item 8 Provisions, Item 1 of this resolution, and also cases, stipulated in Item 193 Provisions specified in the paragraph the second Item 1 of this resolution specified in the paragraph the second".

5. Add with Item 2 (1) the following content:

"2(1). If public authority of the subject of the Russian Federation the decision on investment of the regional operator with power provided by part 3 of article 167 of the Housing code of the Russian Federation on purchase of goods (materials and the equipment, including high-technology equipment), the services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house financed by the fund of capital repairs created on the account of regional operator which size is created proceeding from the minimum size of the fee on capital repairs established by regulatory legal act of the subject of the Russian Federation, and also power on realization of such goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house is accepted the regional operator conducts procurement of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and also realization of such goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house according to the Provision specified in paragraph three of Item 1 of this resolution.".

6. In Item 3 shall be replaced with words the word "Provisions" "The provision specified in the paragraph the second Item 1 of this resolution".

7. In item 4 "Provision" shall be replaced with words the word "The provision specified in the paragraph the second Item 1 of this resolution".

8. In Regulations on attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house approved by the specified resolution:

a) in Item 2:

to state paragraphs of the seventh and eighth in the following edition:

"operator of an electronic trading platform" - the legal entity determined according to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs";

"official site" - the official site of unified information system in the field of purchases on the Internet according to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs";";

the seventeenth to state the paragraph in the following edition:

"electronic platform" - the website on the Internet corresponding to the requirements established according to Items 1 and 2 of part 2 of article 24.1 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" on which electronic auctions are held.";

b) in Item 78 (3) words "Item 78 (" shall be replaced with words 2) "Items 78 (2) and 78(4)";

c) add with Items 78 (4) and 78(5) following contents:

"78(4). If in the draft agreement about carrying out capital repairs and the draft agreement of delivery of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, stipulated in Item 2 Provisions on implementation by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house, No. 615 approved by the order of the Government of the Russian Federation of July 1, 2016 "About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house, procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses about procedure by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house" (further respectively - the delivery agreement of goods, Regulations on delivery of goods), the services concluded for the purpose of rendering and (or) performance of works in capital repairs of common property in the same apartment house, the condition about treasurer maintenance of calculations regarding advance payment in accordance with the legislation of the Russian Federation under the agreement on carrying out capital repairs and condition about treasury maintenance of calculations regarding advance payment in accordance with the legislation of the Russian Federation under the delivery agreement of goods or condition about bank support of the agreement on carrying out capital repairs, stipulated in Item 219(1) this provision, and condition about bank support of the delivery agreement of goods is provided, stipulated in Item 13 Regulations on delivery of goods, the cumulative size of advance payment under the agreement on carrying out capital repairs and advance payment under the delivery agreement of goods cannot exceed 60 percent of the cumulative size of the price of the agreement on carrying out capital repairs and the price of the delivery agreement of goods.

78(5). The cumulative size of the price of the agreement on carrying out capital repairs and the price of the delivery agreement of the goods concluded for the purpose of rendering services and (or) performance of works on capital repairs of common property in the same apartment house shall not exceed the ceiling size of price of the services and (or) works on capital repairs of common property in the apartment house determined by regulatory legal act of the subject of the Russian Federation according to part 4 of article 190 of the Housing code of the Russian Federation, except for provided by the Housing code of the Russian Federation of cases of fee and (or) works on capital repairs of common property in the apartment house at the expense of means of owners of the rooms in the apartment house paid in the form of fee on capital repairs over the minimum size of fee on capital repairs.";

d) to add the subitem "k" of Item 129 with words ", except for the amount of ensuring obligation fulfillment under the agreement on carrying out capital repairs in accordance with the terms of which the contract organization uses goods (materials and the equipment, including the high-technology equipment) necessary for rendering services and (or) performance of works on capital repairs of common property in the apartment house which procurement is conducted by the regional operator according to Regulations on delivery of goods, established according to Item 129 (1) this provision";

e) add with Item 129 (1) the following content:

"129(1). The amount of ensuring obligation fulfillment under the agreement on carrying out capital repairs in accordance with the terms of which the contract organization uses goods (materials and the equipment, including the high-technology equipment) necessary for rendering services and (or) performance of works on capital repairs of common property in the apartment house which procurement is conducted by the regional operator according to Regulations on delivery of goods (if the regional operator establishes the requirement of ensuring agreement performance about carrying out capital repairs) is established by body for maintaining the register and drawn up by the administrative document of body for maintaining the register. The amount of ensuring obligation fulfillment under the agreement on carrying out capital repairs cannot exceed 50 percent of the starting (maximum) price of the agreement specified in the notice on running an electronic auction.";

e) add with Item 228 (1) the following content:

"228(1). The agreement on carrying out capital repairs in case of use in case of its execution of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, shall provide conditions about need of the direction to the regional operator of requests contract organization on the specified goods (materials and the equipment, including the high-technology equipment), about their acceptance, about use by contract organization of the specified goods (materials and the equipment, including high-technology equipment) received according to requests, about procedure for use or return of the unused specified goods (materials and the equipment, including high-technology equipment).";

g) in Item 236 of the word to "cash servicing of execution of budgets of budget system of the Russian Federation" shall be replaced with words to "ensuring execution of the federal budget".

9. Add with Regulations on implementation by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) of the following content which were purchased and not used on carrying out capital repairs of common property in the apartment house:

"It is approved by the Order of the Government of the Russian Federation of July 1, 2016 No. 615

Regulations on implementation by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house

I. General provisions

1. This Provision determines procedure the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses (further - the regional operator), purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house (further - goods), and realization of the goods which were purchased and not used on carrying out capital repairs of common property in the apartment house in case of adoption by public authority of the subject of the Russian Federation of the Housing code of the Russian Federation specified regarding 3rd Article 167 of the decision on investment of the regional operator with power by purchase of goods, and also power on realization of such goods which were purchased and not used on carrying out capital repairs of common property in the apartment house.

2. Procurement of goods is conducted according to the procedure, the established Regulations on attraction by the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house, by the approved order of the Government of the Russian Federation of July 1, 2016 with No. 615 "About procedure for involvement of contract organizations for rendering services and (or) performance of works on capital repairs of common property in the apartment house, procurement procedure of goods, works, services for the purpose of accomplishment of functions of the specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses about procedure by specialized non-profit organization performing the activities aimed at providing carrying out capital repairs of common property in apartment houses, purchases of goods (materials and the equipment, including high-technology equipment), services and (or) performance of works, necessary for rendering, in capital repairs of common property in the apartment house, and realization of the goods (materials and the equipment, including high-technology equipment) which were purchased and not used on carrying out capital repairs of common property in the apartment house" (further - Regulations on involvement of contract organizations), taking into account the features provided by this Provision. When purchasing goods and in case of agreement performance of delivery of goods, concluded when implementing purchase of goods (further - the delivery agreement of goods), maintaining the register of unfair suppliers (contractors, contractors) according to provisions of article 104 of the Federal law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" is performed (further - the Law on purchases).

II. Features of running an electronic auction when implementing purchase of goods

3. Determination of the supplier for the purposes of purchase of goods (further - the supplier) is performed by the running an electronic auction provided by the Law on purchases and Regulations on involvement of contract organizations taking into account the features established by this Provision.

4. The executive body of the subject of the Russian Federation responsible for implementation of the regional program of capital repairs of common property in apartment houses, approves by the administrative document nomenclatures of the goods which are subject to purchase, the purchases of goods created taking into account the need established based on the list of types of service and (or) works on capital repairs of common property in the apartment houses included in short-term plans of implementation of the regional program of capital repairs of common property in apartment houses.

5. The regional operator determines necessary amount of the purchased goods based on the number of the services and (or) works planned to accomplishment according to short-term plans of implementation of the regional program of capital repairs of common property in apartment houses taking into account nomenclatures of the goods approved according to item 4 of this provision.

6. The requirements provided by part 1 of article 31 of the Law on purchases are applied to procurement participants.

7. Requirement to availability for 3 years, the applications for participation in electronic auction preceding end date of submission due date, experience of delivery of the goods similar according to the nomenclature purchased within the electronic auction, at least under 3 performed contracts and (or) agreements which subject was delivery of goods, including under the delivery agreements of goods signed according to this Provision is also imposed to procurement participants. At the same time the minimum size of cost of the delivered goods under all specified performed contracts and (or) agreements is established in the notice on running an electronic auction and shall constitute at least 50 percent of the starting (maximum) price of the delivery agreement of goods if the starting (maximum) price of the delivery agreement of goods does not exceed 100 million rubles, at least 40 percent of the starting (maximum) price of the delivery agreement of goods if the starting (maximum) price of the delivery agreement of goods constitutes or exceed 100 million rubles, but does not exceed 500 million rubles, or at least 30 percent of the starting (maximum) price of the delivery agreement of goods if the starting (maximum) price of the delivery agreement of goods constitutes or exceeds 500 million rubles.

The cost of the delivered goods under all specified performed contracts and (or) agreements is determined as aggregate value of the delivered goods by all such performed contracts and (or) agreements.

8. For confirmation of conformity to the requirement, stipulated in Item the 7th this provision, the application for participation in electronic auction along with information and documents, the stipulated in Article 43 Laws on purchases, shall contain also copies at least 3 this provision of the performed contracts and (or) agreements specified in Item 7 in which are specified delivery date of goods, the price of the contract and (or) agreement and copy of acceptance acts in which the cost of the delivered goods is specified.

III. Features of the conclusion of the delivery agreement of goods

9. If in the draft agreement of delivery of goods and the draft agreement about rendering services and (or) performance of works on capital repairs of common property in the apartment house, stipulated in Item 1 Regulations on involvement of the contract organizations (further - the agreement on carrying out capital repairs) concluded for the purpose of rendering services and (or) performance of works on capital repairs of common property in the same apartment house the condition about treasurer maintenance of calculations regarding advance payment in accordance with the legislation of the Russian Federation under the delivery agreement of goods and condition about treasurer maintenance of calculations regarding advance payment in accordance with the legislation of the Russian Federation under the agreement on carrying out capital repairs or condition on bank support of the delivery agreement of goods, stipulated in Item the 13th this provision, and condition about bank support of the agreement on carrying out capital repairs is provided, stipulated in Item 219(1) Regulations on involvement of contract organizations, the cumulative size of advance payment under the delivery agreement of goods and under the agreement on carrying out capital repairs cannot exceed the size, stipulated in Item 78(4) Regulations on involvement of contract organizations. At the same time the cumulative size of the price of the specified delivery agreement of goods and the price of the specified agreement on carrying out capital repairs shall correspond to Item 78 provisions (5) Regulations on involvement of contract organizations.

10. The subject of the agreement of delivery of goods cannot change during its execution. Delivery dates of goods under the delivery agreement of goods can be by agreement of the parties prolonged in case of prolongation according to Item 223 of the Regulations on involvement of contract organizations of timelines for delivery of services and (or) performance of works under the agreement on carrying out capital repairs for which execution procurement of goods is conducted and the delivery agreement of goods is signed.

11. The regional operator has the right to terminate the delivery agreement of goods unilaterally with collection of the caused losses in the following cases:

numerous (2 times and more) violation of delivery dates of goods;

non-compliance with quality requirements of the delivered goods;

numerous (2 times and more during one calendar month) delivery of goods of the inadequate quality revealed by the regional operator in accordance with the terms of the delivery agreement of goods;

violation by the supplier of delivery dates of goods more than for 10 calendar days;

violation of the term of replacement of independent guarantee established by the delivery agreement of goods more than for 2 working days in case of revocation of license, bankruptcy or liquidation of the guarantor;

identification by the regional operator after the conclusion of the delivery agreement of goods of the fact of invalidity of the independent guarantee provided by the supplier.

At the same time in case of agreement cancelation of delivery of goods the regional operator has the right to sign the contract of delivery of goods with the procurement participant with which according to the Law on purchases the delivery agreement of goods in case of evasion from the conclusion of the delivery agreement of goods of the winner of electronic auction is signed.

12. The delivery agreement of goods shall provide condition about the goods delivery by forces of the supplier according to the request of the regional operator in the location of the apartment house in which carrying out capital repairs of common property is performed.

13. The regional operator has the right to provide in the draft agreement of delivery of goods the condition about bank support of the delivery agreement of goods providing with bank based on the agreement signed with the supplier, carrying out monitoring of the calculations perfromed within agreement performance of delivery of goods on the account opened in the specified bank and bringing results of such monitoring to data of the regional operator, and also rendering by bank other services allowing to provide compliance of the goods accepted by the regional operator to conditions of the accompanied delivery agreement of goods.

14. Purchase of goods at the supplier without carrying out competitive methods of determination of the supplier can be conducted by the regional operator in case of implementation of procurement of goods on the amount which is not exceeding 100 thousand rubles. At the same time the annual purchasing amount which the regional operator has the right to perform based on this Item shall not exceed 1 million rubles.

IV. Procedure for realization of the goods which were purchased and not used on carrying out capital repairs of common property in the apartment house

15. The goods acquired under the delivery agreement of goods, the regional operator provides to contract organization with which the contract for carrying out capital repairs, for use of goods is signed when carrying out capital repairs of common property in the apartment house.

The contract organization uses the goods provided by the regional operator economically and prudently, after completion of works submits to the regional operator the report on use of goods, and also returns unused goods or with the consent of the regional operator reduces the price of services and (or) works on the agreement on carrying out capital repairs taking into account the cost of the unused goods remaining with contract organization. At the same time the cost of the goods remaining with contract organization is determined by the price specified in the delivery agreement of goods.

In case of return of unused goods by contract organization the regional operator accepts them on safe custody before adoption by the regional operator of the decision on use of such goods for the purpose of rendering services and (or) performance of works on capital repairs of common property in other apartment houses included in short-term plans of implementation of the regional program of capital repairs of common property in apartment houses.

V. The register of delivery agreements of the goods signed by the regional operator

16. The authorized federal executive body performing law-enforcement functions on ensuring execution of the federal budget keeps the register of delivery agreements of the goods signed by the regional operator, according to the procedure, the established Section VI of the Regulations on involvement of contract organizations.".

 

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