Criminals 44 fz resolution. Benefits for the penitentiary system in procurement. Procurement of the penitentiary system

05.12.2019

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer

Document as amended by:
Decree of the Government of the Russian Federation of February 4, 2016 N 63 (Official Internet portal of legal information www.pravo.gov.ru, February 08, 2016, N 0001201602080023) (entered into force on January 1, 2017).
____________________________________________________________________

In accordance with the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" Government Russian Federation

decides:

1. Approve the attached list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer.

2. As part of the application for participation in the procurement of goods (works, services) provided for by the list approved by this resolution, an institution or enterprise of the penitentiary system shall submit a requirement drawn up in free form, on the provision of benefits established in accordance with Article 28 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" .

3. In case of evasion of the winner of the tender, request for proposals from concluding a contract, the advantage in relation to the price of the contract extends to the procurement participant - an institution or enterprise of the penitentiary system, the application of which is assigned the second number.

4. If the winner of the auction, the request for quotations evades the conclusion of the contract, the advantage in relation to the price of the contract extends to the procurement participant - an institution or enterprise of the penitentiary system, which offered the same as the winner of the auction, the request for quotations, the price of the contract or the price offer whose contract contains Better conditions at the price of the contract, following the conditions proposed by the winner of the auction, request for quotations.

5. Recognize as invalid:

Decree of the Government of the Russian Federation of March 17, 2008 N 175 "On the provision of benefits to institutions and enterprises of the penitentiary system and organizations of disabled people involved in placing orders for the supply of goods, performance of work, provision of services for the needs of customers" (Collected Legislation of the Russian Federation, 2008 , N 12, art. 1135);

paragraph 29 of the amendments that are made to the resolutions of the Government of the Russian Federation on the activities of the Ministry of Health and Social Development of the Russian Federation and the Federal Medical and Biological Agency, approved by the Decree of the Government of the Russian Federation of June 2, 2008 N 423 "On Certain Issues of the Activities of the Ministry of Health and Social Development of the Russian Federation and the Federal Medical and Biological Agency" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2008, N 23, art. 2713);

Decree of the Government of the Russian Federation of October 27, 2012 N 1104 "On Amendments to the Decree of the Government of the Russian Federation of March 17, 2008 N 175" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2012, N 45, Art. 6242).

Prime Minister
Russian Federation
D.Medvedev

The list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the price they offer ...

APPROVED
Government Decree
Russian Federation
dated July 14, 2014 N 649
(As amended by
from January 1, 2017
Government Decree
Russian Federation
dated February 4, 2016 N 63. -
See previous edition)

The list of goods (works, services), according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer


	Types of products and services
	Forage crops n.e.c.
	Raw cow's milk
	Brown algae
	Anthracite
	Brown coal (lignite)
	Cooked sausage products, including stuffed
	Fine and coarse flour, dried potato flakes and granules
	Vegetable purees and pastes
	Fruits processed and canned
	Cheeses, cheese products and cottage cheese
	Sour cream
	Starches
	Cookies and gingerbread and similar products; sweet cookies; waffles and waffles
	White beet sugar in the solid state without flavoring or coloring additives
	Other sauces and creams based on vegetable oils
	Soups; broths and preparations for their preparation
	Eggs without shell and egg yolks, fresh or canned
	Dried baker's yeast
	Knives (except knives for machines)
	Spoons, forks, ladles, skimmers, cake spatulas, fish knives, butter knives, sugar tongs and similar kitchen and cutlery
	Electric meat grinders
	Other household electric heating appliances, not included in other groups
	Water heaters flowing and accumulative electric
	Electric submersible boilers
	Other refrigeration equipment
	Wooden beds for adults
	Wooden cabinets for the bedroom

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

For enterprises and institutions that are part of the penitentiary system of the Russian Federation, Law No. 44-FZ provides certain advantages. About what such preferences are, and which enterprises belong to the penitentiary system, read further in our material.

Enterprises and institutions of the penal system

Unlike organizations of the disabled, the circle of which is clearly outlined in Art. 29 of Law No. 44-FZ, enterprises and institutions of the penitentiary system (hereinafter referred to as the penitentiary system) are not specified in the law. In Art. 28 of Law No. 44-FZ they are simply named: institutions and enterprises of the penal system.

In accordance with Part 14 of Art. 16 of the Criminal Executive Code of the Russian Federation (PEC of the Russian Federation), the institutions of the penal system include:

penitentiary inspections that execute punishment in the form of compulsory and corrective labor;
correctional centers for the execution of forced labor;
detention houses serving as places of detention;
colonies, medical correctional institutions, prisons carry out punishments in the form of deprivation of liberty.

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In addition, Art. 103 of the Penal Code of the Russian Federation provides for the obligation of those sentenced to deprivation of liberty to work, for which the following are created:

labor workshops at correctional institutions;
federal state unitary enterprises of the penitentiary system.

Works (goods, services) produced in the enterprises and institutions of the penal system mentioned above can be purchased as part of public procurement.

Benefits for the MIS

Art. 28 of Law No. 44-FZ provides benefits for enterprises of the penal system. These benefits are as follows:

benefits are provided in relation to the government contract price offered by the enterprise, which can be increased by up to 15 percent;
the price of the state contract being drawn up, taking into account the benefits, cannot exceed the initial price of the contract.
benefits are given in relation to the purchase of goods included in a special list approved by a government decree (we will consider it in detail below);
in the procurement documentation, the customer must indicate the provision of such preferences;
benefits apply to any method of competitive procedures and are not used when purchasing works (goods, services) from sole supplier.

Clause 11, Part 1, Art. 93 of Law No. 44-FZ provides for a separate case of drawing up a contract with a single supplier - a penal system enterprise. One of the conditions is the inclusion of goods in a special list approved by Government Decree No. 1292 dated December 26, 2013.

The procedure for granting advantages in procurement

The procedure for providing such benefits is established by the Government of the Russian Federation dated July 14, 2014 No. 649. The penal system enterprises in the competitive (auction) application must include a special document-requirement drawn up in any form, which states that the enterprise submitting the application belongs to the penitentiary system.

Benefits apply to the winner of the competitive procedure. In addition, they apply to:

enterprises of the penal system that submitted applications, received second numbers in the event that the winner of the tender or request for proposals refused to issue a state contract;
UIS enterprises that offered the same price as the winner of the auction, request for quotations or the proposal of the enterprise contains the following conditions for the price of the state contract after the conditions of the winner of the procedure in the event that the winner of the auction or request for quotations evaded the execution of the contract.

Procurement of the penitentiary system

The list of works (goods, services) for the purchase of which the advantages of the enterprises of the penal system are applied is established by Decree of the Government of the Russian Federation of July 14, 2014 No. 649. These include:

production of fodder crops;
cow's milk, sour cream, cottage cheese and cheese products;
boiled sausages;
processed and canned fruits;
beet white sugar without additives;
waffles, cookies, gingerbread;
spoons, forks, other cutlery;
electric heaters, including both instantaneous and accumulative water heaters;
refrigeration equipment;
electric meat grinders;
beds and wooden bedside tables and others.

Due to the fact that the codes specified in the list according to OKPD2 have not been revised in connection with the changes made to the classifier on the recommendation of the Ministry of Economic Development, set out in No. D28i-1330 of March 15, 2017, when providing benefits to enterprises and institutions of the penitentiary system, one should be guided by namely the name of the works (goods, services) indicated in the list, and not the digital value of OKPD 2.

Thus, the preferences provided to the enterprises of the penal system are similar to the benefits established for organizations of the disabled and differ only in the subject composition and lists of works (goods, services) for the purchase of which such benefits are given.

You will find answers to any questions about procurement in the State Order in Questions and Answers magazine.

1. Institutions and enterprises of the penitentiary system that are participants in procurement are provided with the benefits specified in paragraph 2 of this article.

2. When determining suppliers (contractors, executors), except for the case when purchases are made from a single supplier (contractor, executor), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer in the amount of up to fifteen percent of in accordance with the procedure established by the Government of the Russian Federation and in accordance with the lists of goods, works and services approved by the Government of the Russian Federation. Information on the provision of such benefits must be indicated by the customer in the notices of procurement and procurement documentation in respect of goods, works, services included in these lists. In the event that an institution or enterprise of the penitentiary system is recognized as the winner in the determination of the supplier (contractor, performer), the contract, at the request of the winner, is concluded at the price offered by him, taking into account the advantage in relation to the contract price, but not higher than the initial (maximum) contract price specified in purchase notice.

The provisions of Article 28 of Law No. 44-FZ are used in the following articles:

Participation in the selection of suppliers (contractors, performers)
4. Benefits under Articles 28 to 30 of this federal law provided upon purchase:
Procurement Notice
9) benefits provided by the customer in accordance with Articles 28 and 29 of this Federal Law;
Ensuring applications for participation in competitions and auctions
17. If the procurement is carried out in accordance with Articles 28 and 29 of this Federal Law, the procurement participant is an institution or enterprise of the penitentiary system or an organization of the disabled and the initial (maximum) price of the contract is more than twenty million rubles, the amount of the application security cannot exceed two percent of the initial (maximum) contract price.
Procedure for submitting applications for participation in an open tender
g) documents confirming the right of the participant open competition to receive benefits in accordance with Articles 28 and 29 of this Federal Law, in the event that a participant in an open tender has declared that he has received these benefits, or copies of such documents;
The procedure for submitting applications for participation in an open tender in electronic form
4) documents confirming the right of a participant in an open tender in electronic form to receive benefits in accordance with Articles 28 and 29 of this Federal Law, if the participant in an open tender in electronic form declared that he received these benefits, or copies of these documents;
Procedure for submitting applications for participation in an electronic auction
5) documents confirming the right of the participant electronic auction to receive benefits in accordance with Articles 28 and 29 of this Federal Law (in the event that an electronic auction participant has declared that he has received these benefits), or copies of such documents;
Requirements for requesting quotations
3) documents confirming the right of the participant in the request for quotations to receive benefits in accordance with Articles 28 and 29 of this Federal Law in the event that the participant in the request for quotations declared that he received the said benefits, or copies of such documents;

Decree of the Government of the Russian Federation of July 14, 2014 N 649
"On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer"

With changes and additions from:

Water heaters flowing and accumulative electric

A list of goods has been established, the purchase of which must comply with the specified requirement. Among them are raw cow's milk, sausages, aluminum cutlery, electric mincers, wooden beds, dough kneaders, vegetable-based pastas.

The requirement for the provision of benefits is drawn up in an arbitrary form and is included in the application for participation in the procurement of the relevant goods.

If the winner of the tender, request for proposals evades the conclusion of the contract, the advantage in relation to the price of the contract extends to the procurement participant - the institution or enterprise of the penal system, the application of which is assigned the second number.

If the winner of the auction, request for quotations evades the conclusion of the contract, then the advantage extends to the procurement participant - an institution or an enterprise
UIS, which offered the same contract price as the winner, or whose contract price offer contains the best conditions for the contract price, following the conditions proposed by the winner.

The previous procedure for granting benefits to institutions and enterprises of the penal system and organizations of persons with disabilities has been declared invalid.

Decree of the Government of the Russian Federation of July 14, 2014 N 649 "On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer"

This resolution enters into force 7 days after the day of its official publication.

Federal Law 44-FZ encourages certain types of institutions to participate in public procurement. Among those for whom special preferences are provided are institutions of the penitentiary system (UIS).

What is meant by preference

The point of preferences for the institutions of the penal system is not to carry out purchases in which only organizations of this type can participate (as happens with SMEs and SONCOs). The law does not oblige the customer to annually purchase a certain amount of goods, works and services from the institutions of the penal system.

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How the customer provides benefits to the institutions of the penal system

It is forbidden to include goods included in this list and not part of it in one lot, as this will become an unreasonable restriction on the number of participants in the purchase. To avoid infringement, eligible products and services must be purchased separately from other products .

To do this, you can make different purchases or distribute goods into separate lots. Such clarifications are provided by the Ministry of Economic Development of Russia in paragraphs 18-19 of the annex to the letter dated September 30, 2014 No. D28i-1889 and in paragraph 2 of the letter dated August 19, 2014 No. D28i-1616.

The customer must indicate information on the provision of preferences to institutions of the penal system in the notice of purchase. If the UIS enterprise wins, it can increase the payment for the work within the existing advantage, but this amount should not exceed the initial (maximum) price of the contract.

When to grant preferences to penal institutions

The benefits apply to all competitive types of procurement - not only tenders and auctions, but also requests for quotations and requests for proposals. If the winner refuses to conclude the contract, the price advantage extends to the penal institution that offered the same or lower price.

Enterprises and institutions of the penal system must indicate the requirement for the provision of benefits in the application for participation in procurement. This requirement can be formalized in any form.

Purchases from penal institutions as the sole supplier under 44-FZ

An institution or enterprise of the penal system can claim the status of a sole supplier if it produces goods or provides services specified in the list approved by government decree No. 1292 of December 26, 2013. The document entered into force on January 1, 2014 and has since been supplemented twice.

The list with OKPD codes includes food (peas, eggs, meat, and so on), blankets and bedding, bulletproof vests, bags and packages, clothes and shoes, dog harness, barbed wire and much more.

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