ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 29, 2024 No. 246

About requirements when holding open tender of the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically

According to articles 38.2 and 38.4 of the Federal law "About Concessionary Agreements" and articles 32.1 and 32.3 of the Federal law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the right of the conclusion of the concessionary agreement electronically;

Rules of the organization of open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically;

requirements to banks in which the operator of an electronic trading platform has the right to open accounts for the cash accounting, provided as tender security on participation in open tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically.

2. This resolution becomes effective since March 1, 2024 and is effective till March 1, 2029 inclusive.

Approved by the Order of the Government of the Russian Federation of February 29, 2024 No. 246

Rules of the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the right of the conclusion of the concessionary agreement electronically

1. These rules establish procedure for the organization of open tender on the right of the conclusion of the concessionary agreement electronically and accreditations on electronic platform of persons participating in procedure of the organization and carrying out tender electronically according to the requirements established by the Federal Law "About Concessionary Agreements", and these rules (further respectively - electronic platform, tender electronically).

2. Carrying out tender is electronically performed on electronic platform which operator is included in the list of operators of electronic platforms approved by the Government of the Russian Federation according to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", according to the requirements established by the Federal Law "About Concessionary Agreements" (further - the operator of an electronic trading platform).

3. The procedure of the organization and carrying out tender is electronically performed by person who according to the Federal Law "About Concessionary Agreements" is concedent or can perform powers or the separate rights and obligations of the concedent (further - the organizer of tender), on the electronic platform chosen by it after passing on this electronic platform of the procedure of accreditation according to these rules.

4. For receipt of accreditation on electronic platform the organizer of tender submits to the operator of an electronic trading platform the following documents and information:

a) the statement for accreditation on electronic platform in the form established by the operator of an electronic trading platform (further - the application) signed by the strengthened qualified digital signature of person having the right to act on behalf of the organizer of tender;

b) the e-mail address of person authorized on behalf of the organizer of tender for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Concessionary Agreements";

c) the document confirming the power of the person having the right to act on behalf of the organizer of tender.

5. The operator of an electronic trading platform within one hour from the moment of receipt of accreditation by the organizer of tender according to these rules opens for the organizer of tender the working Section on electronic platform for carrying out tender electronically, to which only the organizer of tender has access, and also creates the Section on electronic platform, access to which has the unrestricted group of people and in which the organizer of tender necessary documents and materials when carrying out tender are placed electronically according to the Federal Law "About Concessionary Agreements".

6. For the purpose of placement on the electronic platform of the documents and materials necessary for participation in tender chosen as the organizer of tender electronically, persons who are taking part in tender electronically (further - participants of tender), and the organizations performing issue of the irrevocable bank guarantees provided as tender security on participation in tender electronically (further - the guarantor), undergo the procedure of accreditation according to these rules.

7. For accreditation on electronic platform the participant of tender or the guarantor submit to the operator of an electronic trading platform the following documents and information:

a) the application signed by the strengthened qualified digital signature of person having the right to act on behalf of the participant of tender or the guarantor;

b) the e-mail address of person authorized on behalf of the participant of tender or the guarantor for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Concessionary Agreements";

c) copies of the documents confirming powers of the person for receipt of accreditation on behalf of the participant of tender or the guarantor - the legal entity if on behalf of the participant of tender or the guarantor person who is not the participant manager of tender or the guarantor acts (the power of attorney on implementation on behalf of the participant of tender or the guarantor of the corresponding actions certified by seal (in the presence) and signed by the head or person authorized by it. If the specified power of attorney is signed by person authorized by the head also the copy of the document confirming powers of this person is submitted);

d) the extract from the Unified State Register of Legal Entities (for the participant of tender or the guarantor - the legal entity), the copy of the identity document of the participant of tender (for the individual entrepreneur);

e) properly certified translation into Russian of documents on state registration of the legal entity according to the legislation of the relevant state and the documents confirming powers of the person for receipt of accreditation on behalf of this legal entity - for the participant of tender who is the foreign legal entity.

8. In time, not exceeding 5 working days from the date of receipt of documents and information specified in items 4 and 7 these rules, the operator of an electronic trading platform performs accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform or refuses accreditation on the bases, stipulated in Item 9 these rules, and within one hour from the moment of accreditation or refusal sends to accreditations to the organizer of tender, the participant of tender or the guarantor the adequate notice about the made decision in electronic form.

9. The operator of an electronic trading platform refuses to the organizer of tender, the participant of tender or the guarantor accreditation in case of incorrect filling of the statement or non-presentation of documents and information which are specified in items 4 and 7 these rules. The refusal in accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform on other bases is not allowed.

10. In case of adoption by the operator of an electronic trading platform of the decision on refusal in accreditation of the organizer of tender, the participant of tender or the guarantor the notification, stipulated in Item 8 these rules, shall contain also the basis of adoption of such decision. After elimination of the specified basis the organizer of tender, the participant of tender or the guarantor has the right to submit to the operator of an electronic trading platform the documents and information specified in items 4 and 7 these rules for receipt of accreditation on electronic platform again.

11. Accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform is performed for the term which shall not exceed 3 years from the date of the direction the operator of an electronic trading platform to the organizer of tender, the participant of tender or the guarantor of the notification on the made decision on their accreditation on electronic platform.

12. The participant of tender who obtained accreditation on the electronic platform having the right to take part in all competitions electronically held on electronic platform, according to the procedure, established by the Federal Law "About Concessionary Agreements".

In the presence the participant of tender of the operating accreditation has passing of repeated accreditation on electronic platform and representation by the participant of tender of documents and information which are stipulated in Item 7 these rules is not required.

13. The organizer of tender, the participant of tender accredited on the electronic platform having no right to perform the actions connected with the organization of tender electronically, participation in tender electronically if about day of the termination of effective period of their accreditation on electronic platform there were less than 3 months.

14. The operator of an electronic trading platform shall send no later than 4 months about day of the termination of effective period of accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform the adequate notice to the organizer of tender, the participant of tender or the guarantor.

15. The organizer of tender, the participant of tender or the guarantor accredited on electronic platform, having the right to undergo accreditation for new term not earlier than before 6 months about day of the termination of effective period of earlier received accreditation.

Approved by the Order of the Government of the Russian Federation of February 29, 2024 No. 246

Rules of the organization of open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically and accreditations on electronic platform of persons participating in procedure of the organization and holding open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically

1. These rules establish procedure for the organization of open tender on the agreement signature right about public-private partnership, agreements on municipal and private partnership electronically and accreditations on electronic platform of persons participating in procedure of the organization and carrying out tender electronically according to the requirements established by the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation", and these rules (further respectively - electronic platform, tender electronically).

2. Carrying out tender is electronically performed on electronic platform which operator is included in the list of operators of electronic platforms approved by the Government of the Russian Federation according to the Federal Law "About Contractual System in the field of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs", according to the requirements established by the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" (further - the operator of an electronic trading platform).

3. The procedure of the organization and carrying out tender is electronically performed by person who according to the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation" is public partner or can perform the separate rights and obligations of the public partner (further - the organizer of tender), on the electronic platform chosen by it after passing on electronic platform of the procedure of accreditation according to these rules.

4. For receipt of accreditation on electronic platform the organizer of tender submits to the operator of an electronic trading platform the following documents and information:

a) the statement for accreditation on electronic platform in the form established by the operator of an electronic trading platform (further - the application) signed by the strengthened qualified digital signature of person having the right to act on behalf of the organizer of tender;

b) the e-mail address of person authorized on behalf of the organizer of tender for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation";

c) the document confirming the power of the person having the right to act on behalf of the organizer of tender.

5. The operator of an electronic trading platform within one hour from the moment of receipt of accreditation by the organizer of tender according to these rules opens for the organizer of tender the working Section on electronic platform for carrying out tender electronically, to which only the organizer of tender has access, and also creates the Section on electronic platform, access to which has the unrestricted group of people and in which the organizer of tender necessary documents and materials when carrying out tender are placed electronically according to the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation".

6. For the purpose of placement on the electronic platform of the documents and materials necessary for participation in tender chosen as the organizer of tender electronically, persons who are taking part in tender electronically (further - participants of tender), and the organizations performing issue of the irrevocable bank guarantees provided as tender security on participation in tender electronically (further - the guarantor), undergo the procedure of accreditation according to these rules.

7. For accreditation on electronic platform the participant of tender or the guarantor submit to the operator of an electronic trading platform the following documents and information:

a) the application signed by the strengthened qualified digital signature of person having the right to act on behalf of the participant of tender or the guarantor;

b) the e-mail address of person authorized on behalf of the participant of tender or the guarantor for the direction the operator of an electronic trading platform of notifications and other information according to these rules and the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation";

c) copies of the documents confirming powers of the person for receipt of accreditation on behalf of the participant of tender or the guarantor - the legal entity if on behalf of the participant of tender or the guarantor person who is not the participant manager of tender or the guarantor acts (the power of attorney on implementation on behalf of the participant of tender or the guarantor of the corresponding actions certified by seal (in the presence) and signed by the head or person authorized by it. If the specified power of attorney is signed by person authorized by the head also the copy of the document confirming powers of this person is submitted);

d) the extract from the Unified State Register of Legal Entities (for the participant of tender or the guarantor - the legal entity).

8. In time, not exceeding 5 working days from the date of receipt of documents and information specified in items 4 and 7 these rules, the operator of an electronic trading platform performs accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform or refuses accreditation on the bases, stipulated in Item 9 these rules, and within one hour from the moment of accreditation or refusal sends to accreditations to the organizer of tender, the participant of tender or the guarantor the adequate notice about the made decision in electronic form.

9. The operator of an electronic trading platform refuses to the organizer of tender, the participant of tender or the guarantor accreditation in case of incorrect filling of the statement or non-presentation of documents and information which are specified in items 4 and 7 these rules. The refusal in accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform on other bases is not allowed.

10. In case of adoption by the operator of an electronic trading platform of the decision on refusal in accreditation of the organizer of tender, the participant of tender or the guarantor the notification, stipulated in Item 8 these rules, shall contain also the basis of adoption of such decision. After elimination of the specified basis the organizer of tender, the participant of tender or the guarantor has the right to submit to the operator of an electronic trading platform the documents and information specified in items 4 and 7 these rules for receipt of accreditation on electronic platform again.

11. Accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform is performed for the term which shall not exceed 3 years from the date of the direction the operator of an electronic trading platform to the organizer of tender, the participant of tender or the guarantor of the notification on the made decision on their accreditation on electronic platform.

12. The participant of tender who obtained accreditation on the electronic platform having the right to take part in all competitions electronically held on electronic platform, according to the procedure, established by the Federal Law "About Public-private Partnership, Municipal and Private Partnership in the Russian Federation and Modification of Separate Legal Acts of the Russian Federation".

In the presence the participant of tender of the operating accreditation has passing of repeated accreditation on electronic platform and representation by the participant of tender of documents and information which are stipulated in Item 7 these rules is not required.

13. The organizer of tender, the participant of tender accredited on the electronic platform having no right to perform the actions connected with the organization of tender electronically, participation in tender electronically if about day of the termination of effective period of their accreditation on electronic platform there were less than 3 months.

14. The operator of an electronic trading platform shall send no later than 4 months about day of the termination of effective period of accreditation of the organizer of tender, the participant of tender or the guarantor on electronic platform the adequate notice to the organizer of tender, the participant of tender or the guarantor.

15. The organizer of tender, the participant of tender or the guarantor accredited on electronic platform, having the right to undergo accreditation for new term not earlier than before 6 months about day of the termination of effective period of earlier received accreditation.

Approved by the Order of the Government of the Russian Federation of February 29, 2024 No. 246

Requirements to banks in which the operator of an electronic trading platform has the right to open accounts for the cash accounting, provided as tender security on participation in open tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically

Banks in which the operator of an electronic trading platform has the right to open accounts for the cash accounting provided as tender security on participation in open tender on the right of the conclusion of the concessionary agreement, agreement on public-private partnership, agreements on municipal and private partnership electronically, shall conform to the requirement about availability of the credit score not lower than the BBB-(RU) level on national rating scale for the Russian Federation assigned by credit rating agency Analytical Credit Rating Agency (Joint-stock company) or it is not lower than the ruBBB-level on national rating scale for the Russian Federation, appropriated by credit rating agency Joint-stock company "Expert RA rating agency, or it is not lower than the BBB-.ru level on national rating scale for the Russian Federation, appropriated by credit rating agency National Credit Ratings limited liability company, or it is not lower than the BBB-| ru | level on national rating scale for the Russian Federation, appropriated by credit rating agency National Rating Agency limited liability company.

 

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