FEDERAL LAW NO. 94-FZ of July 21, 2005 «On Placement of Orders to Supply Goods, Carry out Works and Render Services for Meeting State and Municipal Needs (non-official translation)

Adopted by the State Duma on July 8, 2005
Endorsed by the Federation Council on July 13, 2005

Chapter 1. General Provisions

Article 1. The Scope of Regulation of this Federal Law and Aims There of
1. This Federal Law shall regulate the relations connected with the placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs (hereinafter also referred to as placement of an order), in particular, shall establish a uniform procedure for placing orders, for the purpose of ensuring the unity of the economic space on the territory of the Russian Federation when placing orders, the efficient use of budget assets and of those from off-budget financing sources, providing greater opportunities to natural persons and legal entities as to participation in the placement of orders and encouraging such participation, developing fair competition, improving the activities of state power bodies and local self-government bodies concerning placements of orders, ensuring publicity and transparency in placement of orders, prevention of corruption and other abuse while placing orders.
2. This Federal Law shall apply in the event of placing orders to supply commodities, carry out works and render services for meeting state or municipal needs, except when such commodities, works and services are supplied, carried out and rendered to the amount not exceeding the limit rate of settlements in cash between legal entities within a single transaction in the Russian Federation established by the Central Bank of the Russian Federation.
3. The specifics of placing the state defence order, an order to supply material assets to the state reserve, may be established by other federal laws.

Article 2. The Legislation of the Russian Federation and Other Normative Legal Acts of the Russian Federation Concerning Placement of Orders
1. The legislation of the Russian Federation on placements of orders is based on the provisions of the Civil Code of the Russian Federation, the Budget Code of the Russian Federation and consists of this Federal Law and other federal laws regulating the relations connected with placement of orders. The rules of law contained in other federal laws and connected with placements of orders must comply with this Federal Law.
2. In the instances provided for by the legislation of the Russian Federation on placements of orders the Government of the Russian Federation shall be entitled to adopt normative legal acts regulating the relations connected with placement of orders.
3. The federal executive body charged with normative legal regulation with respect to placements of orders shall be entitled to adopt normative legal acts regulating the relations which are connected with placements of orders in the instances and to the extent that are provided for by this Federal Law and by the normative legal acts of the Government of the Russian Federation adopted in compliance with it.
4. Where an international treaty made by the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3. State Needs and Municipal Needs
1. State needs shall mean the Russian Federation's needs for commodities, works and services required for the exercise of the functions of the Russian Federation (in particular, for implementation of federal targeted programmes), for fulfilment of international obligations of the Russian Federation, in particular for implementation of the international targeted programmes where the Russian Federation participates (hereinafter also referred to as federal needs) or the needs of the constituent entities of the Russian Federation in commodities, works and services required for exercise of the functions of the constituent entities of the Russian Federation, in particular for implementation of regional targeted programmes (hereinafter also referred to as needs of the constituent entities of the Russian Federation) which are satisfied in compliance with expenditure obligations of the Russian Federation or expenditure obligations of the subjects of the Russian Federation with the use of the federal budget funds, or budget funds of the constituent entities of the Russian Federation, or funds from off-budget financing sources.
2. Municipal needs shall mean the needs of municipal establishments for commodities, works and services required for resolving problems of local importance and exercise of individual state powers transferred to local self-government bodies by federal laws and (or) laws of the constituent entities of the Russian Federation that are satisfied with the use of local budget funds in compliance with the expenditure obligations of municipal establishments.

Article 4. State Customers and Municipal Customers
1. As state customers and municipal customers (hereinafter also referred to as customers), when placing orders to supply commodities, carry out works and render services with the use of budget funds, may act accordingly state power bodies of the Russian Federation or state power bodies of the constituent entities of the Russian Federation, as well as the recipients of budget funds authorised by the said state power bodies or local self-government bodies to place orders.
2. if the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise the functions of placing orders for state or municipal customers (hereinafter referred to as an authorised body) are established, the said authorised body shall exercise the given functions, except for signing state or municipal contracts of supplying goods, carrying out works and rendering services to meet state or municipal needs. With this, state or municipal contracts shall be signed by state or municipal customers. A procedure for interaction of an authorised body and state or municipal customers must be set by a decision on the establishment of such authorised body.

Article 5. Placement of Orders to Supply Commodities, Carry Out Works and Render Services for Meeting State or Municipal Needs
Placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs shall mean the activities of customers or authorised bodies exercised in the procedure provided for by this Federal Law, which are aimed at finding suppliers (performers, contractors) for the purpose of making with them state or municipal contracts of supplying goods, carrying out works and rendering services to meet state or municipal needs (hereinafter also referred to as a state or municipal contract or contract).

Article 6. Specialised Organisation
1. A customer or an authorised body shall have the right (where such right is provided for by a decision on establishing the authorised body) to attract a legal entity on a contractual basis (hereinafter referred to as a specialised organisation) for exercise of the functions of placing an order by way of sales in the form of a tender for the right to make a state or municipal contract (hereinafter also referred to as a tender) or an auction of the right to make a state or municipal contract (hereinafter also referred to as an auction) - that is, to devise tender documentation or auction documentation, to publish and insert a notice of holding a public tender or an public auction, to send invitations to participate in a public tender or a public auction, as well as to exercise other functions related to ensuring the conduct of sales. With this, establishment of a commission for placement of an order, fixing of the initial price of a state or municipal contract, determination of the subject and essential conditions of a state or municipal contract, endorsement of a draft contract, tender documentation, auction documentation, determination of the terms of sales and their modification shall be effected by the customer or authorised body, while a state or municipal contract shall be signed by the customer.
2. A specialised organisation shall be selected by a customer or an authorised body by way of holding sales in compliance with this Federal Law.
3. A specialised organisation shall exercise the functions specified in Part 1 of this Article, on behalf of a customer or authorised body. With this, either the customer or authorised body shall obtain the relevant rights and responsibilities.
4. A customer or an authorised body shall be jointly liable for the harm caused to a natural person or legal entity as a result of unlawful actions (omission to act) of the specialised organisation made within the scope of authority transferred thereto by the customer or the authorised body on a contractual basis and connected with placement of an order, when it exercises on behalf of the customer or authorised body the functions specified in Part 1 of this Article.
5. A specialised organisation may not participate in the placement of an order if this organisation is engaged in the exercise of the functions indicated in Part 1 of this Article.

Article 7. Commission for Placement of Orders
1. When placing an order by way of holding a tender or an auction, as well as by way of a call for bids in respect of commodities, works or services (hereinafter referred to as a call for bids), a tender, auction or bidding commission shall be established (hereinafter also referred to as a commission).
2. A customer or an authorised body, prior to publishing a notice of holding a public tender or public auction, of making a call for bids, of a preliminary selection or sending invitations to participate in a closed tender or a closed auction shall decide on establishing a commission, determine its composition and working routine, and shall appoint the chairman thereof.
3. A commission must include at least five persons.
4. The natural persons who are personally interested in the results of placing an order (including the natural persons who have filed applications for participation in a tender, applications for participation in an auction or applications for participation in a bidding (hereinafter referred to as bids) or those on the staff of the organisations that have filed the said applications) or the natural persons who can be influenced by participants in the placement of an order (including the natural persons who are participants (stockholders) of these organisations, members of their managerial bodies, creditors of participants in placement of an order) may not be members of the commission. In the event of detecting the said persons within the composition of a commission, a customer or authorised body that has decided on the establishment of the commission shall be obliged to replace them immediately by other natural persons who are not personally interested in the results of placing the order and who cannot be influenced by participants in its placement.
5. The replacement of a commission member shall be only allowable on the basis of a decision of the customer or authorised body that have decided on the establishment of the commission.
6. A tender commission shall open envelopes with applications for participation in a tender or shall provide access to applications for participation in a tender, which are kept in the general use information system filed in the form of electronic documents and signed in compliance with normative legal acts of the Russian Federation (hereinafter also referred to as opening of envelopes with applications for participation in a tender and provision of access to applications for participation in a tender filed in the form of electronic documents), shall select tender participants, consider, assess and compare applications for participation in a tender, determine a tender winner, keep a record of opening envelopes with applications and of provision of access to applications for participation in a tender filed in the form of electronic documents, a record of considering applications for participation in a tender, a record of assessment and comparison of applications for participation in a tender.
7. An auction commission shall consider applications for participation in an auction and select its participants, shall keep a record of consideration of applications for participation in a tender.
8. A bidding commission shall preliminarily select participants in placement of an order, keep a record of considering applications for participation in a preliminary selection in the instances provided for by this Federal Law, and shall consider, assess and compare bids and determine the winner of bidding, keep a record of consideration and assessment of bids.
9. A customer or authorised body shall be entitled to establish a single commission for exercise of the functions provided for by Parts 6-8 of this Article.
10. A commission shall be authorised to exercise the functions provided for by Parts 6-8 of this Article, if at least 50 per cent of the total number of its members are present at the commission's meeting. The commission members must be notified in due time of the place, date and time of holding the commission's meeting.

Article 8. Participants in Placement of Orders
1. As participants in placement of orders shall be deemed the persons claiming to make a state or municipal contract. Any legal entity regardless of its organisation and legal form, property form, location and the capital's place of origin or any natural person, in particular, an individual businessman, may participate in the placement of an order.
2. Participation in placement of orders may be only restricted in the instances provided for by this Federal Law and other federal laws.

Article 9. State or Municipal Contract of Supplying Commodities, Carrying Out Works and Rendering Services to Meet State or Municipal Needs
1. A state or municipal contract shall mean the contract made by a customer on behalf of the Russian Federation, a constituent entity of the Russian Federation or municipal formation for the purpose of meeting state or municipal needs.
2. A state and municipal contract shall be made in the procedure provided for by the Civil Code of the Russian Federation and other federal laws subject to the provisions of this Federal Law.
3. After determining the winner of a tender, auction or the winner of bidding, the customer shall be entitled within the time period provided for making a state or municipal contract to deny making the contract with the winner of the tender, auction or the winner of bidding, or if the winner of a tender, auction or the winner of bidding evades making the contract with the participant in placement of the order with which such contract is to be made, in the event of detecting the following facts:
1) of effecting liquidation of participants in placement of the order which are legal entities or of conducting bankruptcy proceedings in respect of participants in placement of the order which are legal entities or individual businessmen;
2) of suspension of the activities of the said persons in the procedure provided for by the Code of Administrative Offences of the Russian Federation;
3) of presenting by the said persons wittingly false data contained in the documents provided for by Part 3 of Article 25 or Part 2 of Article 35 of this Federal Law;
4) of the said persons' property being under arrest made on the basis of a court decision, if upon the expiry of the time period for making the contract the balance sheet value of arrested property exceeds twenty five percent of the balance sheet value of the said persons' assets according to the business accounting report documents for the last complete reporting period.
4. An order shall be deemed placed as of the date of making a state or municipal contract.
5. When making and executing a state or municipal contract, it shall not be allowable to modify by agreement of the parties and unilaterally the terms of the contract specified in Part 12 of Article 25, Part 5 of Article 27, Part 3 of Article 29, Part 1 of Article 31, Part 12 of Article 35, Part 6 of Article 36, Part 13 of Article 37, Part 3 of Article 38, Part 1 of Article 40, Part 14 of Article 41, Part 6 of Article 46, Part 8 of Article 47, Part 10 of Article 53 and Parts 5 and 6 of Article 54 of this Federal Law, except for the instance provided for by Part 6 of this Article.
6. On the proposal of the customer or authorised body tender documentation may provide for the customer's right to change, when executing the contract unilaterally, the volume of all the works and services provided for by the contract by at most five per cent of such volume, in the event of detecting the need for the additional works or services that are not provided for by the contract but are connected with the works and services provided for by the contract or if some part of the works or services provided for by the contract is no longer needed. With this, the customer shall be entitled, by agreement with a supplier (performer, contractor), to change the price of the contract in proportion to the volume of the said additional works or services, but by five per cent of such price at most.
7. When making a state or municipal contract of supplying energy resources, the relevant draft contract sent by a state or municipal customer to the supplier must be based on the volume of energy resources' consumption coordinated in the procedure provided for by the legislation of the Russian Federation.

Federal Law No. 142-FZ of July 27, 2006 supplemented Article 9 of this Federal Law with part 7.1. The part shall enter into force from January 1, 2007

8. The dissolution of a state or municipal contract shall be allowable by agreement of the parties thereto or by court decision for the reasons provided for by the civil legislation.
9. In the event of a delay in discharge by a customer of the commitment provided for by a state or municipal contract, the other party shall be entitled to demand payment of a forfeit (fine or penalty). The forfeit (fine or penalty) shall be charged for each day of delay in discharging the commitment provided for by a state or municipal contract, starting from the date following the day of expiry of the time period for discharge of the commitment established by the state or municipal contract. The rate of such forfeit (fine or penalty) shall be established in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation effective on the date of paying the forfeit (fine or penalty). A customer shall be relieved of paying a forfeit (fine or penalty) if it can prove that a delay in discharge of the said commitment has been caused by an act of God or through the other party's fault.
10. A state or municipal contract shall include an obligatory provision to the effect that the supplier (performer, contractor) shall be liable for failure to discharge, or improper discharge of, a commitment provided for by the state or municipal contract.

On the Procedure for Disposition of the Rights to the Results of Scientific-and-Technical Activity see Decision of the Government of the Russian Federation No. 685 of November 17, 2005

Article 10. Ways of Placing an Order
1. An order can be placed:
1) by way of holding sales in the form of a tender or auction, including an auction in an electronic form;
2) without holding sales ( by a call for bids, with a single supplier (performer, contractor), at commodity exchanges).
2. In all instances an order shall be placed by way of holding sales, except for the instances provided for by this Federal Law.
3. A decision on the way of placing an order shall be rendered by a customer or an authorised body in compliance with the provisions of this Federal Law.
4. Orders to supply commodities, carry out works and render services for meeting state or municipal needs which are not accordingly supplied, carried out and rendered on the basis of specific applications of a customer or authorised body, for which there is a functioning market and which can be compared solely on the basis of prices thereof, shall be placed by way of holding an auction. Lists of the commodities, works and services in respect of which orders accordingly to supply, carry out and render them are placed by way of holding an auction shall be established by the Government of the Russian Federation. If commodities, works or services are included in the said lists, placement of orders to supply such commodities, carry out such works and render such services for meeting state or municipal needs by way of holding a tender shall not be allowable.
5. A violation of the provisions concerning placement of an order which are provided for by this Federal law shall serve as ground for declaring placement of the order invalid by a court of law or arbitration court on the basis of a claim made by a person concerned or a claim made by the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control with respect to placement of orders.
6. Two and more customers or authorised bodies shall be entitled to place orders to supply commodities of the same name by way of holding joint sales. The rights, duties and liabilities of customers or authorised persons when holding joint sales and a procedure for holding joint sales shall be determined by an agreement of the parties made in compliance with the Civil Code of the Russian Federation and this Federal Law. A state or municipal contract shall be made with the winner or winners of joint sales by each customer that has held such sales or by each customer for which an order is placed by way of holding sales by an authorised body. The state or municipal contracts made with the winner or winners of joint sales shall be executed by the parties thereto in compliance with the Civil Code of the Russian Federation and other federal laws subject to the provisions of this Federal Law.
7. A procedure for interaction of customers and authorised bodies while holding joint sales may be established by the Government of the Russian Federation.
8. A decision to hold joint sales for meeting the needs concerning the country's defence and state security shall be adopted by the Government of the Russian Federation.

Article 11. Requirements with Respect to Participants in Placement of an Order by Way of Holding Sales
1. When placing an order by way of holding sales, the following obligatory requirements shall be established with respect to participants in the order's placement:
1) compliance of the participants in the order's placement with the requirements established by the legislation of the Russian Federation with respect to the persons engaged in supplying the commodities, carrying out the works and rendering the services which constitute the subject of the sales;
2) the participant in the order's placement which is a legal entity must not be in the process of liquidation or a participant in the order's placement, which is a legal entity or individual businessman, and must not be subject to bankruptcy proceedings;
3) non-suspension of activities of the participant in the order's placement in the procedure provided for by the Code of Administrative Offences of the Russian Federation on the date of considering the application for participation in a tender or the application for participation in an auction;
4) the participant in the order's placement must not have arrears in payment of charged taxes, fees and other obligatory payments to budgets of any level and to off-budget funds within the expired calendar year whose amount exceeds twenty five per cent of the balance sheet value of assets of the participant in the order's placement according to the data of business accounting report documents for the last complete reporting period. A participant in an order's placement shall be deemed complying with an established requirement, if he complains against the presence of such arrears in compliance with the legislation of the Russian Federation and a decision in respect of such complaint is nor rendered on the date of considering the application for participation in the auction.
2. When placing an order by way of holding sales, a customer or authorised body shall be entitled to establish the following requirements with respect to participants in the order's placement:
1) the participants in the order's placement must enjoy exclusive rights to intellectual property units, if the customer acquires the rights to the intellectual property units in connection with execution of a state or municipal contract;
2) absence of data on the participants in the order's placement in the register of unfair suppliers provided for by this Federal Law.
3. The Government of the Russian Federation shall be entitled to establish additional requirements with respect to participants in an order's placement, when placing an order to supply commodities, carry out works and render services for meeting the needs of the country's defence and state security, as regards the availability to such participants in the order's placement of the production facilities, engineering equipment, financial and labour resources required for manufacture of the commodities, carrying out the works and rendering the services which constitute the subject of the order.
4. Apart from the requirements indicated in Parts from 1 to 3 of this Article, the Government of the Russian Federation, a customer or an authorised body shall not be entitled to establish any other requirements with respect to participants in an order's placement.
5. The requirements specified in Parts from 1 to 3 of this Article shall apply to all participants in an order's placement.
6. The compliance of the participants in an order's placement with the requirements indicated in Items from 2 to 4 of Part 1 and in Item 2 of Part 2 of this Article shall be checked by the customer, authorised body, the tender to auction commissions. With this, the customer, authorised body, tender or auction commissions shall not be entitled to place upon participants in an order's placement the duty of proving the compliance with these requirements.

Article 12. Terms of Admittance to Participation in Sales
1. When considering applications for participation in a tender or applications for participation in an auction, a participant in an order's placement shall not be admitted by the tender or auction commission to participation in the tender or the auction in the event of:
1) failure to submit the documents specified by Part 3 of Article 25 or Part 2 of Article 35 of this Federal Law or presence in such documents of unreliable data on the participant in placement of the order or on the commodities, works and services in respect of which an order accordingly to supply, carry out or render them is to be placed;
2) non-compliance with the requirements established in compliance with Article 11 of this Federal Law;
3) failure to enter monetary funds to secure the application for participation in the tender or auction, if the requirement to secure such applications is indicated in a notice concerning the conduct of a public tender or public auction, in an invitation to participate in a closed tender or closed auction;
4) non-compliance of the application for participation in a tender or an auction with the requirements of the tender documentation or the auction documentation.
2. The refusal to admit to participation in sales for reasons other than those indicated in Part 1 of this Article, shall not be allowable.
3. A customer or an authorised body shall be entitled to request the appropriate bodies and organisations for data on liquidation of the participant in an order's placement which is a legal entity and has filed an application for participation in a tender or an application for participation in an auction, on carrying out in respect of such legal entity or individual businessman participant bankruptcy proceedings, on suspension of the activities of such participant in the procedure provided for by the Code of Administrative Offences of the Russian Federation, on such participant's having arrears of charged taxes, fees and other obligatory payments to budgets of different levels and to state off-budget funds for the past calendar year, on complaining about the presence of such arrears and on the results of the complaints' consideration. The said bodies and organisations shall be obliged to present the required data within ten days upon request of a customer or authorised body.
4. In the event of detecting unreliable data in the documents presented by a participant in an order's placement in compliance with Part 3 of Article 25 or Part 2 of Article 35 of this Federal Law, of establishing the fact of liquidating a participant in an order's placement which is a legal entity or of carrying out with respect to a participant in the placement of an odder which is a legal entity or individual businessman bankruptcy proceedings, or the fact of suspending its activities in the procedure provided for by the Code of Administrative Offences of the Russian Federation, the customer, authorised body, tender or auction commission shall be entitled to dismiss such participant from participation in the tender or the action at any stage thereof.
5. The decision of a customer, authorised body, tender or auction commission to dismiss a participant in the placement of an order from participation in a tender or auction, as well as the decision of a tender or auction commission to deny admittance to the tender or auction, may be complained against by such participant in the procedure provided for by this Federal Law.
6. The admittance by a customer, authorised body, tender of auction commission to participation in sales of the participant in an order's placement which under Part 1 of this Article may not be admitted to participation in the sales shall serve as a ground for a court to declare these sales invalid on the basis of a claim made by a person concerned or on the basis of a claim of the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of order placement.

Article 13. National Treatment of Commodities Originating from Foreign States, as Well as Works and Services Carried Out or Rendered by Foreign Persons
1. When placing orders, the national treatment shall be applied to commodities coming from a foreign state or a group of foreign states, as well as to works or services carried out or rendered by foreign persons, which stipulates that such commodities, works and services are allowable for the purpose of placing orders to supply commodities, carry out works and render services for meeting state or municipal needs on equal terms with commodities of Russian origin, as well as works and services carried out or rendered by Russian persons, if not otherwise established by an international treaty made by the Russian Federation, this Federal Law or other federal laws.
2. The treatment provided for by Part 1 of this Article shall apply to commodities originating from a foreign state or a group of states, to works or services carried out or rendered by foreign persons, if a similar treatment is established by the foreign state or the group of foreign states in respect of commodities of Russian origin, as well as works and services carried out or rendered by Russian persons.
3. If a foreign state or a group of foreign states has not established in respect of commodities of Russian origin, works or services carried out or rendered by Russian persons the treatment which is similar to that provided for by Part 1 of this Article, the federal executive body engaged in normative legal regulation in respect of order placement shall establish the terms of admittance of commodities originating from the foreign state or the group of foreign states, of works or services carried out or rendered by foreign persons for the purposes of placing orders to supply commodities, carry out works and render services for meeting state or municipal needs.
4. The Government of the Russian Federation may establish prohibitions and restrictions as to the admittance of commodities originating from a foreign state or a group of foreign states, of works and services carried out or rendered by foreign persons for the purposes of placing orders to supply commodities, carry out works and render services for meeting the needs of the country's defence and state security.
5. The normative legal act establishing the terms of, as well as prohibitions and restrictions with respect to, admittance of commodities originating from a foreign state or a group of foreign states, of works or services carried out or rendered by foreign persons for the purpose of placing orders to supply commodities, carry out or render services for meeting state or municipal needs shall be subject to obligatory publication in the procedure stipulated for official publication of normative legal acts of the Government of the Russian Federation or normative legal acts of the federal executive bodies and within three working days as of the date of such publication shall be placed on the official Internet site of the Russian Federation to be determined in compliance with Part 1 of Article 16 of this Federal Law.
6. Commodities originating from a foreign state or a group of foreign states, as well as works or services carried out or rendered by foreign persons, shall be allowable for the purpose of placing orders to supply commodities, carry out works and render services for meeting state or municipal needs in compliance with the prohibitions and restrictions established by the Government of the Russian Federation and under the terms and conditions established in compliance with Part 3 of this Article by the federal executive body engaged in normative legal regulation in respect of orders' placement.
7. A customer or authorised body shall be entitled to request the federal executive body engaged in normative legal regulation in respect of order placement for data concerning the terms of admittance of commodities originating from a foreign state or a group of foreign states, of works or services carried out or rendered by foreign persons for the purpose of placing orders to supply commodities, carry out works and render services for meeting state or municipal needs. The said federal executive body within ten days shall be obliged to present the required data upon the request of a customer or authorised body.

Article 14. Participation of Institutions of the Criminal Executive System and of Organisations of Disabled Persons in Orders' Placement
1. Institutions of the criminal executive system and organsiations of disabled persons shall be granted advantages as regards their participation in orders' placement in compliance with this Federal Law.
2. For the purposes of this Federal Law, organisations of disabled persons shall mean organizations whose authorised (pooled) capital is fully made up of contributions of all-Russia public organisations of disabled persons and where the average listed number of disabled persons as compared to other employees constitutes at least fifty per cent and the share of disabled persons' wages in the wage fund is equal to at least twenty five per cent.

Article 15. Specifics of Participation of Small-Scale Business Subjects in Orders' Placement by Way of Sales
1. State customers, except for the instances of placing orders to supply commodities, carry out works and render services for meeting the needs of the country's defence and state security, shall be obliged to place orders with small-scale business subjects in the amount of fifteen per cent of the total volume of supplied commodities, carried out works and rendered services according to the list established by the Government of the Russian Federation by way of holding sales where such subjects participate, while state customers, in the event of placing orders to supply commodities, carry out works and render services for meeting the needs of the country's defence and state security, and municipal customers shall be entitled to effect such placement of orders. A list of the said commodities, works and services and their limit price (lot price) shall be established by the Government of the Russian Federation.
2. Orders shall be placed by way of holding sales, where subjects of small-scale business participate, in the procedure provided for by Chapters 2 and 3 of this Federal Law subject to the provisions of this Article.
3. When placing an order by way of holding the sales provided for by Part 1 of this Article, where subjects of small-scale business participate, information on holding such sales must be included into a notice of holding a public tender or public auction.
4. When placing an order by way of holding the sales provided for by Part 1 of this Article, where subjects of small-scale business participate, the applications for participation in a tender or the applications for participation in an auction filed by participants in the order's placement which are not subjects of small-scale business shall be subject to rejection.
5. If upon the expiry of the time period for filing applications for participation in a tender or of applications for participation in an auction subjects of small-scale business filed less than two applications for participation in a tender or of applications for participation in an auction, sales shall be declared invalid.
6. If sales are declared invalid, repeated sales where subjects of small-scale business participate shall not be held and a contract with a participant in an order's placement which is a subject of small-scale business shall not be made. Orders shall be placed in the procedure provided for by Chapters 2 and 3 of this Federal Law.

Article 16. Informational Support to Placement of Orders
1. The Government of the Russian Federation, the supreme executive state power body of a constituent entity of the Russian Federation and local administration shall appoint an official media for publication of information concerning placement of orders (hereinafter referred to as an official media), as well as an official site of the Russian Federation, an official site of a constituent entity of the Russian Federation or an official site of a municipal establishment in the Internet for inserting information on placement of orders (hereinafter also referred to as the official site).
2. If a municipal establishment has no official site, the municipal customer shall insert information concerning order placement to the official site of the constituent entity of the Russian Federation within whose boundaries such municipal establishment is located.
3. The insertion of information on placements of orders to the official site may not replace the publication of such information in the official media, if publication of such information is provided for by this Federal Law.
4. Information concerning addresses of official sites of the constituent entities of the Russian Federation shall be placed on the official site of the Russian Federation. If the supreme executive state power body of a constituent entity of the Russian Federation decides to change the address of the official site of the constituent entity of the Russian Federation, the said body within one working day as of the date of rendering this decision shall be obliged to send information concerning such change to the federal executive body authorised to keep the official site of the Russian Federation. The federal executive body authorised to keep the official site of the Russian Federation shall be obliged within two working days as of the date of receiving the information on such change to place it on the official site of the Russian Federation.
5. On the official site of a constituent entity of the Russian Federation shall be placed information concerning the addresses of official sites of the municipal establishments which are located within the boundaries of such constituent entity of the Russian Federation. If the local administration decides on changing the address of the official site of a municipal establishment, the local administration shall be obliged within one working day as of the date of rendering this decision to send information to the executive body of the constituent entity of the Russian Federation which is authorized to keep the official site of the constituent entity of the Russian Federation and which shall be obliged within two working days as of the date of receiving the information on such change to place it on the official site of the constituent entity of the Russian Federation.
6. There shall be inserted on a free-of-charge basis information concerning placement of orders to supply commodities, carry out works and render services for meeting federal needs to the official site of the Russian Federation, information concerning the placement of orders to supply commodities, carry out works and render services for meeting the needs of a constituent entity of the Russian Federation to the official site of the constituent entity of the Russian Federation, information concerning the placement of orders to supply commodities, carry out works and render services for meeting municipal needs to the official site of a municipal establishment or (if this Federal Law provides for the duty of concurrently inserting this information to the official site of the municipal formation and the official site of the constituent entity of the Russian Federation) to the official site of the constituent entity of the Russian Federation, information on the terms, prohibitions and restrictions as to the admittance of commodities originating from a foreign state or a group of foreign states, of works and services carried out or rendered by foreign persons for the purpose of order placement and the information specified in Parts 4 and 5 of this Article. With this, as information concerning an order's placement shall be deemed information provided for by this Federal Law and the data obtained as a result of rendering a decision on an order's placement and in the course of an order's placement, including the data contained in a notice concerning the conduct of a public tender or public auction, tender documentation, auction documentation, amendments made to such documentation, explanations in respect of such documentation, and records drawn up in the course of placing an order.
7. A procedure for using official sites and requirements with respect to engineering, software, linguistic, legal and organisational means of ensuring the use of the said sites shall be established by the Government of the Russian Federation.
8. Information concerning the placement of an order inserted on official sites must be available for familiarisation with it on a free-of-charge basis.

Article 17. Control over the Observance of the Legislation of the Russian Federation and Other Normative Legal Acts of the Russian Federation Concerning Placement of Orders
1. Control over the observance by a customer, authorised body or specialised organisation, as well as by tender, auction or bidding commissions of the legislation of the Russian Federation and other normative legal acts of the Russian Federation concerning placement of orders shall be exercised by way of conducting planned and extraordinary inspections.
2. Planned inspections, when placing orders to supply commodities, carry out work and render services for meeting federal needs, needs of the constituent entities of the Russian Federation or municipal needs, shall be conducted accordingly by the federal executive body, the executive body of a constituent entity of the Russian Federation and the local self-government body authorised to exercise control in respect of placement of orders.
3. Extraordinary inspections, when placing orders to supply commodities, carry out works and render services for meeting federal needs, needs of the constituent entities of the Russian Federation or municipal needs, shall be conducted accordingly by the federal executive body authorised to exercise control in respect of order placement, the executive body of a constituent entity of the Russian Federation authorised to exercise control in respect of orders' placement and the local self-government body authorised to exercise control in respect of orders' placement.
4. The federal executive body authorised to exercise control in respect of orders' placement shall be likewise entitled to conduct extraordinary inspections, when placing orders to supply commodities, carry out works and render services for meeting state or municipal needs, in the event of receiving from the executive body of a constituent entity of the Russian Federation or local self-government body authorised to exercise control with respect to placement of orders the information concerning a failure of a customer, authorised body or specialised organisation, as well as of a tender, auction or bidding commission, to follow the proposals or orders of such bodies sent or rendered in compliance with Part 8 of this Article, as well as in the event of receiving information in respect of committing by a customer, authorised body or specialised organisation, as well as by a tender, auction or bidding commission, actions (omission to act) which contain the signs of an administrative offence.
5. An extraordinary inspection shall be held if a participant in an order's placement makes a complaint against actions (omission to act) of a customer, authorised body or a specialised organisation, as well as of a tender, auction or bidding commissions, as well as for the purpose of exercising control over following the proposals or orders sent or rendered in compliance with Parts 8 and 10 of this Article. With this, such complaint shall be considered in the procedure established by Chapter 8 of this Federal Law.
6. With respect to one customer, one authorised body, one standing tender, auction or bidding commission planed inspections shall be conducted at most once every six months.
7. With respect to one tender, auction or bidding commission, except for the commissions indicated in Part 6 of this Article, planned inspections shall be held at most once within the period from the date of publishing a notice in respect of conducting a public tender or public auction, of sending invitations to participate in a closed tender or closed auction or of inserting information in respect of a call for bids to the official site up to the date of concluding a state or municipal contract, declaring sales invalid or rejecting all bids.
8. In the event of detecting, as a result of conducting the inspections established by Part 1 of this Article, of a breach by a customer, authorised body or specialised organisation, as well as by a tender, auction or bidding commission of the legislation of the Russian Federation and (or) other normative legal acts of the Russian Federation concerning orders' placement, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of orders' placement shall be entitled to do the following:
1) to send to the customer, which is accordingly the state power body of the constituent entity of the Russian Federation or local self-overnment body, or to the authorised body whose actions (omission to act) have violated the rights and legitimate interests of participants in placement of an order, a proposal to eliminate such violations in compliance with the legislation of the Russian Federation;
2) to send to the customer which is accordingly the state power body of the constituent entity of the Russian Federation or the local self-overnment body a proposal to replace the member of the tender, auction or bidding commission who has violated the legislation of the Russian Federation and (or) other normative legal acts of the Russian Federation concerning placement of orders;
3) to issue to the customer which is not accordingly the state power body of a constituent entity of the Russian Federation, a local self-overnment body or the tender, bidding or auction commission, whose actions(omission to act) have violated the rights and legitimate interests of participants in an order's placement orders to eliminate such violations in compliance with the legislation of the Russian Federation to be followed without fail.
4) to issue to the customer which is not accordingly the state power body of a constituent entity of the Russian Federation or local self-government body orders to replace the member of the tender, auction or bidding commission who has violated the legislation of the Russian Federation and (or) other normative legal acts of the Russian Federation in respect of placement of orders;
5) to make a claim with a court of law or an arbitration court for declaring an order's placement invalid.
9. In the event of detecting as a result of conducting the inspections established by Part 1 of this Article, of the fact of committing by a customer, authorised body or specialised organisation, as well as by an auction or bidding commission an action (omission to act) containing the signs of an administrative offence or formal elements of crime, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of orders' placement shall be obliged within two days as of the date of detecting such fact to transfer information concerning the said action (omission to act) and the documents proving such fact accordingly to the federal executive body authorised to exercise control in respect of orders' placement and to law enforcement bodies.
10. In the event of detecting as a result of conducting the inspections established by Part 1 of this Article a breach by a customer, authorised body or specialised organisation , as well as by a tender, auction or bidding commission of the legislation of the Russian Federation and (or) other normative legal acts of the Russian Federation concerning orders' placement, the federal executive body shall be entitled to do the following:
1) to send to the customer which is a state power body of the Russian Federation, to the federal executive body authorised to exercise the functions of placing orders for state customers whose actions (omission to act) has resulted in violations of the rights and legitimate interests of participants in placement of an order, a proposal to eliminate such violations in compliance with the legislation of the Russian Federation.
2) to send to the customer which is a state power of the Russian Federation, to the federal executive body authorised to exercise the functions of placing orders for state customers a proposal to replace the member of the tender, auction of bidding commission who has violated the legislation of the Russian federation and (or) other normative legal acts concerning placement of orders;
3) to issue to the customer which is not a state power body of the Russian Federation, to the executive body of a constituent entity of the Russian Federation or local self-government body which are authorised to exercise the functions of placing orders for state or municipal customers, or to the specialised organisation, tender, bidding or auction commission whose actions (omission to act) resulted in violations of the rights and legitimate interests of participants in an order's placement, orders to eliminate such violations in compliance with the legislation of the Russian Federation to be followed without fail.
4) to issue to the customer which is not a state power body of the Russian Federation, to the executive body of a constituent entity of the Russian Federation or to the local self-government body authorised to exercise the functions of placing orders for state or municipal customers, orders to replace the member of the tender, auction or bidding commission who has violated the legislation of the Russian Federation and (or) other normative legal acts of the Russian Federation concerning placement of orders which are to followed without fail.
5) to make a claim with a court of law or an arbitration court for declaring an order's placement invalid.
11. If it is detected as a result of conducting an extraordinary inspection, that a customer, authorised body or specialised organisation, as well as a tender, auction or bidding commission, has not taken into consideration or has not followed accordingly the proposals and orders sent or rendered in compliance with Part 8 of this Article, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of orders' placement, shall be obliged to transfer information in respect of it to the federal executive body authorised to exercise control in respect of orders' placement or shall be entitled to make a claim with a court of law or an arbitration court for forcing to commit actions complying with the legislation of the Russian Federation or file an application for protection of the rights and legitimate interests of participants in an order's placement, as well as a claim to replace a member of a tender, auction or bidding commission.
12. If it is detected as a result of conducting an extraordinary inspection that a customer, authorised body or specialised organisation, as well as a tender, auction or bidding commission, has not taken into consideration the proposals sent in compliance with Part 10 of this Article, the federal executive body authorised to exercise control in respect of orders' placement, shall be entitled to make a claim with a court of law or an arbitration court for forcing to commit actions complying with the legislation of the Russian Federation or file an application for protection of the rights and legitimate interests of participants in an order's placement, as well as a claim to replace a member of a tender, auction or bidding commission.
13. If it is detected as a result of conducting an extraordinary inspection that a customer, authorised body or specialised organisation or tender, auction or bidding commission has not followed the orders issued in compliance with Part 10 of this Article, the federal executive body authorised to exercise control in respect of orders' placement shall be entitled to call to account in compliance with the legislation of the Russian Federation.

Article 18. Registers of State or Municipal Contracts Made on the Basis of the Results of Placing Orders
1. The federal executive body, the executive body of a constituent entity of the Russian Federation, the local self-government body authorised to keep registers of state or municipal contracts made on the basis of the results of placing orders ( hereinafter referred to as registers of contracts), shall accordingly keep registers of state contracts made on behalf of the Russian Federation, of state contracts made on behalf of the constituent entity of the Russian Federation and municipal contracts made on behalf of municipal establishments.
2. Registers of contracts must contain the following data:
1) customer's name;
2) source of financing
3) way of placing orders;
4) date of conducting an auction, of summing up the results of a tender or results of a call for bids and requisite elements of the documents proving the ground for making a contract;
5) date of making a contract;
6) subject and price of a contract and time for execution thereof;
7) name, location (for legal entities), family name, first name, patronymic, place of residence, individual tax number (for natural persons) of a supplier (performer, contractor);
8) data in respect of a contract's execution.
3. Customers within three days as of the date of making a state or municipal contract shall send the data specified in Part 2 of this Article accordingly to the federal executive body, executive body of a constituent entity of the Russian Federation and local self-government body authorised to keep registers of contracts.
4. The federal executive body, the executive body of a constituent entity of the Russian Federation or local self-government body authorised to keep registers of contracts shall accordingly place on the official site of the Russian Federation, on the official site of a constituent entity of the Russian Federation or on the official site of a municipal establishment the data specified in Part 2 of this Article within three days as of the date of receiving them.
5. The data contained in registers of contracts must be available free-of-charge on an official site for familiarisation.
6. A procedure for keeping registers of contracts, requirements with respect to engineering, software, linguistic, legal and organisational means of ensuring the use of the official site on which the said registers are placed shall be established by the Government of the Russian Federation.
7. The data concerning placement of orders and conclusion of contracts and constituting a state secret shall be included in a separate register of contracts to be kept in the procedure established by the Government of the Russian Federation. The said data shall not be subject to publication in mass media and to placement on the Internet.

Article 19. Register of Unfair Suppliers
1. A register of unfair suppliers shall be kept by the federal executive body authorised to exercise control in respect of orders' placement.
2. A register of unfair suppliers shall include data on the participants in the placement of an order evading conclusion of a state or municipal contract, as well as on the suppliers (performers or contractors) with which state or municipal contracts are dissolved in connection with their essential failures to execute state or municipal contracts.
3. A register of unfair suppliers must contain the following data:
1) name, location (for legal entities), family name, first name, patronymic, place of residence, individual tax number (for natural persons) of the persons specified in Part 2 of this Article;
2) date of holding an auction, of summing up the results of a tender or results of a call for bids if the winner of the auction, the winner of the tender or the winner of the call for bids has evaded making a state or municipal contract, date of declaring frustrated the sales in which the sole participant in an order's placement that has filed an application for participation in a tender or an application for participation in an auction, or the participant in an order's placement declared the sole participant in a tender or auction has evaded making a state or municipal contract, date of making an unimplemented or improperly implemented state or municipal contract;
3) subject and price of a contract, as well as time period for implementation thereof;
4) grounds for, and date of, dissolution of a state or municipal contract in the event of dissolving a contract in connection with a major breach of a contract by the supplier (performer, contractor);
5) date of entering the said data to the register of unfair suppliers.
4. If a state or municipal contract is made with the participant in an order placement with which under this Federal Law the contract is to be made in the event of evasion of the winner of sales or the winner of a call for bids of making the contract, the customer within three days as of the date of making the contract with the said participant in the order's placement shall send to the federal executive body authorised to exercise control in respect of order placement the data provided for by Part 3 of this Article, as well as an extract from the record of assessment and comparison of applications for participation in the tender, the record of the auction or the record of consideration and assessment of bids, as regards the determination of the winner of sales or the winner of a call for bids, a notice of the winner of sales or the winner of a call for bids as to his refusal to make a contract, a court decision to force the winner of sales or the winner of a call for bids to make a contract (if any) and other documents proving the refusal of the winner of sales or the winner of a call for bids to make a contract.
5. If the sole participant in placement of an order that has filed an application for participation in a tender or an application for participation in an auction, or the participant in placement of an order declared to be the only participant in a tender or auction has evaded making a state or municipal contract, the customer within five days as of the date of expiry of the time period for signing the contract specified in the tender documentation or auction documentation shall sent to the federal executive body authorised to exercise control in respect of order placement the data provided for by Part 3 of this Article, as well as an extract from the record of consideration of applications for participation in a tender, from the record of consideration of applications for participation in an auction, a notice sent by the sole participant in an order's placement which has filed an application for participation in a tender or an application for participation in an auction, or by the participant in an order's placement declared to be the only participant in a tender or auction, that he refuses to make the contract, a court decision to forced such participant to make a contract (if any) and other documents proving the refusal of the said person to make the contract.
6. In the event of dissolution of a state or municipal contract in connection with a major breach of the contract by the supplier (performer, contractor), the customer within three days as of the date of dissolving the contract shall send to the federal executive body authorised to exercise control in respect of orders' placement the data provided for by Part 3 of this Article, as well as a copy of an agreement on dissolution of the contract or a copy of a court decision on the contract's dissolution.
7. The federal executive body authorised to exercise control in respect of order placement shall enter the data provided for by Part 3 of this Article to the register of unfair suppliers within three days as of the date of their coming in.
8. In the event of receiving data on evasion of a participant in an order's placement of making a state or municipal contract proving the refusal of the participant in an order's placement to make the contract, the federal executive body authorised to exercise control in respect of orders' placement within ten days shall check the fact of evasion of the participant in the order's placement of making the contract. Should the fact of evasion of a participant in an order's placement of making a contract be proved, the federal executive body authorised to exercise control in respect of orders' placement shall enter the data provided for by Part 3 of this Article, to the register of unfair suppliers within three days as of the date of proving the said fact.
9. The data contained in the register of unfair suppliers must be available free-of-charge for familiarisation on the official site of the Russian Federation.
10. The data provided for by Part 3 of this Article shall be deleted from the register of unfair suppliers within two years as of the date of their entering thereto.
11. A procedure for keeping the register of unfair suppliers, requirements with respect to engineering, software, linguistic, legal and organisational means to ensure keeping the register of unfair suppliers shall be established by the Government of the Russian Federation.
12. An entry of data on a participant in an order's placement evading the conclusion of a state or municipal contract, on a supplier (performer, contractor) with which a state or municipal contract has been dissolved in connection with a major breach by him of a state or municipal contract, to the register of unfair suppliers or keeping such data in the register of unfair suppliers, as well as a failure to make the actions provided for by Part 10 of this Article, may be complained against judicially by a person concerned.

Chapter 2. Placement of an Order by Way of Holding a Tender

Article 20. Tender for the Right to Make a State or Municipal Contract
1. For the purposes of this Federal Law, a tender shall mean sales whose winner shall be deemed the person which has offered the best terms and conditions of implementation of a state or municipal contract and to whose application for participation in the tender the first number is awarded.
2. A tender may be public or closed. A customer or an authorised body shall be entitled to place an order by way of holding a closed tender solely in the event of placing an order to supply commodities, carry out works and render services data of which constitute a state secret.
3. It shall not be allowable to recover payment for participation in a tender from participants in orders' placement, except for payment for supplying tender documentation in the instances provided for by this Federal Law.
4. A customer or an authorised body may establish the requirement to enter monetary funds for securing an application for participation in a tender (hereinafter referred to as the requirement to secure an application for participation in a tender). With this, the rate of security of an application for participation in a tender may not exceed five per cent of the initial price of a contract. If a customer or authorised body has established the requirement to secure an application for participation in a tender, such requirement shall equally extend to all participants in an order's placement and shall be mentioned in a notice of holding a public tender and in an invitation to participate in a closed tender.
5. In order to prepare the conduct of a tender, including when a customer or an authorised body cannot draw up detailed specifications of commodities, to define the characteristics of works ( carrying out complex scientific research, design-and-development and engineering works) or services for the purpose of better satisfaction of state or municipal needs, the customer or authorised body may publish in the official media or place on the official site a report concerning their interest in holding the tender with an indication of the time for presenting proposals concerning the technical, technological and qualitative characteristics of commodities, works and services. Presented proposals may be taken into consideration when defining the subject of a tender. After defining the subject of a tender the customer or the authorized body shall render a decision on holding the tender. With this, the customer or the authorised body shall not be entitled to establish any advantages for the persons that have filed the said proposals.
6. When holding a tender, any talks of the customer, authorised body, specialised organisation or tender commission with a participant in an order's placement shall not be allowable. In the event of violating the said provision, a tender may be declared invalid on the basis of a claim made by a person concerned in the procedure provided for by the legislation of the Russian Federation.

Article 21. Notice of Holding a Public Tender
1. A notice of holding a public tender shall be published by a customer, authorised body or specialised organisation in the official media and placed on the official site at least thirty days before the date of opening envelopes with applications for participation in a tender and providing access to applications for participation in a tender filed in the form of electronic documents.
2. When holding a public tender for placement of orders to supply commodities, carry out works and render services for meeting municipal needs, a municipal customer, authorised body or specialised organisation within the time period established by Part 1 of this Article shall placed on the official site of the constituent entity of the Russian Federation within whose boundaries the municipal establishment is located a notice of holding such public tender.
3. A customer, authorised body or specialised organisation shall be likewise entitled to publish a notice in respect of holding a tender in any mass medium, including electronic mass media, provided that such publication and insertion may not be made instead of those stipulated by Parts 1 and 2 of this Article.
4. The following data must be shown in a notice of holding a public tender:
1) form of sales;
2) name, location, postal address, e-mail address, contact telephone number of the customer, authorised body or specialised organisation;
3) source of financing the order;
4) subject of the state or municipal contract with an indication of the quantity of commodities to be supplied, the works to be carried out and the services to be rendered and of brief specifications of such commodities, works and services;
5) place, terms and time (time periods) of supplying commodities, carrying out works and rendering services;
6) form, time of, and procedure for, making payment for commodities, works and services;
7) initial price of the contract;
8) time of, place and procedure for, presenting tender documentation, official site on which tender documentation is inserted, rate of, procedure and time for making, the payment recovered by the customer or the authorised body for supplying tender documentation, where such payment is established;
9) place of, procedure for, starting and finishing dates of filing applications for participation in the tender. With this, the finishing date of the time period for filing applications for participation in a tender shall be established in compliance with Part 2 of Article 26 of this Federal Law;
10) criteria of assessing applications for participation in the tender;
11) place, date and time of opening envelopes with applications for participation in the tender and providing access to applications for participation in the tender filed in an electronic form, place and date of consideration of such applications and of summing up the tender's results;
12) preferences granted to institutions of the criminal excutive system and (or) to organisations of disabled persons engaged in manufacture of commodities carrying out works and rendering services, if such preferences are established by the customer or authorised body. With this, the customer or authorised body in the instances provided for by the Government of the Russian Federation shall be entitled to grant preferences to the said categories of persons in respect of the bid for contract price in the amount up to fifteen per cent;
13) rate of security of an application for participation in the tender, time and procedure for entering monetary funds to secure such application, requisite elements of the account for remittance of the said monetary funds in the event of establishing by the customer or authorise body the requirements to secure the application for participation in the tender;
14) rate of securing the implementation of a state or municipal contract, time and procedure for granting it, if the customer or authorise body establishes the requirement to secure the implementation of the contract. The rate of security of a contract's implementation may not exceed thirty per cent of the initial contract's price indicated in a notice of holding a public tender.
5. The customer or authorised body which have officially published and placed on an official site a notice of holding a public tender shall be entitled to refuse to hold it at latest fifteen days before the finishing date of the time period for filing applications for participation in the tender. A notice concerning the refusal to hold a public tender shall be published and placed by a customer, authorised body or specialised organisation accordingly within five and two days as of the date of rendering a decision as to the refusal to hold the public tender in the procedure established for official publication and insertion to an official site of a notice of holding the public tender. Within two days as of the date of rendering the said decision the customer or authorised body shall open envelopes with applications for participation in the tender, provide access to applications made in the form of electronic documents and send the appropriate notices to all the participants in the order's placement which have filed applications for participation in the tender. Where the requirement to secure an application for participation in tender is established, the customer or authorised body shall return to participants in the order's placement the monetary funds entered to secure applications for participation in the tender within five days as of the date of rendering a decision to refuse holding the public tender.

Article 22. Contents of Tender Documentation
1. Tender documentation shall be devised by a customer, authorised body and specialised organisation and shall be endorsed by the customer and authorised body.
2. Tender documentation must contain the requirements established by the customer and authorised body with respect to the quality and specifications of commodities, works and services, requirements with respect to their safety, requirements to the functional characteristics (consumer properties) of commodities, requirements with respect to the size, packing and shipping of commodities, requirements with respect to the results of works and other indices connected with the assessment of compliance of commodities to be supplied, works to be carried out and services to be rendered with the customer's needs.
3. Tender documentation must not indicate trade marks, service marks, firm's names, patents, utility models, industrial models, names of commodities' places of origin or their manufacturers' names, as well as requirements with respect to commodities, their manufacturer, to information, works and services, if such requirements entail limitation of the number of participants in the order's placement. Where it is impossible for a customer or authorised body to establish the exact requirements and indices provided for by Part 2 of this Article, the tender documentation may indicate trade marks, service marks, firm's names, patents, utility models, industrial models, names of the places of the commodities' origin or their manufacturers' name, which must be accompanied by the words «or their equivalent», except for the instances when commodities with other trade marks or service marks are incompatible and when it is necessary to ensure the interaction of such commodities with the commodities used by the customer. The equivalence of commodities shall be determined in compliance with the requirements and indices established in conformity with Part 2 of this Article.
4. Tender documentation must contain the following:
1) requirements with respect to the contents and form of an application for participation in the tender, including an application filed in the form of an electronic document signed in compliance with the normative legal acts of the Russian Federation and instructions as to filling it out;
2) requirements with respect to the description by participants in an order's placement of the commodities to be supplied which constitute the subject of the tender, their functional characteristics (consumer properties), as well as their quantitative and qualitative characteristics, requirements to the description by participants in an order's placement of the works to be carried out and services to be rendered which constitute the subject of the tender, their quantitative and qualitative characteristics;
3) the requirements as to the time and (or) extent of guarantees with respect to the quality of commodities, works and services, to servicing commodities, to outlays on commodities' operation (if necessary);
4) the place, terms and time (time periods) for supplying commodities, carrying out works and rendering services;
5) the procedure for forming the price of the contract, in particular when taking into account and not taking into account outlays on transportation, insurance, payment of customs fees, taxes and making other obligatory payments;
6) the data on the currency used for forming the price of the contract and for making settlements with suppliers (performers, contractors);
7) the procedure for applying the official exchange rate of foreign currency with respect to the Russian rouble established by the Central Bank of the Russian Federation and used for payment of a state or municipal contract made;
8) the data on the customers' right to change unilaterally the volume of the works to be carried out and of the services to be rendered under the contract in compliance with Part 5 of Article 9 of this Federal Law;
9) the procedure for, place, starting and finishing dates of the time period for filing applications for participation in the tender in compliance with Item 9 of Part 4 of Article 21 of this Federal Law;
10) the requirements as to participants in the order's placement established in compliance with Article 11 of this Federal Law;
11) the procedure and time for withdrawal of applications for participation in the tender, procedure for amending such applications. With this, the time period for withdrawal of applications for participation in the tender shall be established in compliance with Part 9 of Article 25 of this Federal Law;
12) the forms, procedure, starting and finishing dates of the time period for explaining to participants in an order's placement of the provisions of tender documentation in compliance with Part 1 of Article 24 of this Federal Law;
13) the place, procedure, date and place of opening envelopes with applications for participation in the tender and of providing access to applications for participation in the tender filed in the form of electronic documents. Dates and time of opening envelopes with applications for participation in the tender and of providing access to applications filed in the form of electronic documents shall be established in compliance with Part 1 of Article 26 of this Federal Law;
14) criteria for assessing applications for participation in the tender established in compliance with Parts 4-6 of Article 28 of this Federal Law;
15) procedure for assessment and comparison of applications for participation in the tender;
16) time period as of the date of signing a record of assessment and comparison of applications for participation in the tender within which the tender winner must sign a draft state or municipal contract. The said time period must be at least ten days.
5. A draft state or municipal contract must be attached to tender documentation.
6. Data contained in tender documentation must comply with the data indicated in a notice of holding a public tender.

Article 23. Procedure for Providing Tender Documentation
1. In the event of conducting a public tender, the customer, authorised body or specialised organisation shall ensure placement of tender documentation on the official site within the time period provided for by Part 1 of Article 21 of this Federal Law concurrently with the placement of a notice of holding a public tender. The tender documentation must be accessible free-of-charge on an official site for getting familiarisation.
2. As of the date of publishing a notice of holding a public tender, the customer or authorised body on the basis of an application of any person concerned filed in writing, including in the form of an electronic document, shall be obliged within two days as of the date of receiving the appropriate application to provide to such person tender documentation in the procedure specified in a notice of holding a public tender. With this, tender documentation shall be provided in writing after making payment by a participant in an order's placement for providing the tender documentation, if such payment is established by the customer or authorised body and it is indicated in a notice of holding a public tender, except when tender documentation is provided in the form of an electronic document. The rate of the said payment must not exceed the amount of outlays of the customer or authorised body on making a copy of the tender documentation and its delivery by mail to the person that has filed the said application.
Tender documentation in the form of an electronic document shall be provided free-of-charge.
3. It shall not be allowable to provide tender documentation before publishing and inserting to the official site a notice of holding a public tender.
4. The tender documentation inserted to the official site must comply with the tender documentation provided in the procedure established by Part 2 of this Article.
5. In the event of failing to meet the requirements established by Parts 1 - 4 of this Article, a public tender may be declared invalid in the procedure established by the legislation of the Russian Federation.

Article 24. Clarification of the Provisions of Tender Documentation and Making Amendments Thereto
1. Any participant in an order's placement shall be entitled to send in writing, including in the form of an electronic document, to the customer or authorised body, a request for explanation of the tender documentation's provisions. Within two working days as of the date of receiving the said request, an authorised body shall be obliged to send in writing or in the form of an electronic document explanations concerning the provisions of the tender documentation, if the said request was received by the customer or authorised body at the latest five days before the finishing date for filing applications for participation in the tender.
2. Within one day as of the date of sending an explanation of the provisions of tender documentation upon the request of a participant in an order's placement, such explanation must be placed by the customer, authorised body or specialised organisation on the official site indicating the subject of the request and not indicating the participant in the order's placement whose request has been received. The explanation of the provisions of tender documentation must not change the essence thereof.
3. The customer or authorised body shall be entitled on their own initiative or in compliance with the request of a participant in an order's placement to amend tender documentation at least twenty days before the finishing date of filing applications for participation in a tender. Within five working days as of the date of rendering a decision on amending tender documentation such amendments shall be published and within two days shall be placed by the customer, authorised body or specialised organisation in the procedure established for publication and insertion of a notice of holding a public tender and shall be sent by registered mail or in the form of electronic documents to all participants in an order's placement which the tender documentation has been provided to.

Article 25. Procedure for Filing Applications for Participation in a Tender
1. To participate in a tender, a participant in an order's placement shall file an application for participation in the tender at the time specified in a notice of holding a public tender according to the form established by the tender documentation.
2. A participant in an order's placement shall file an application for participation in a tender in writing in a sealed envelope or in the form of an electronic document. With this, the name of the public tender for which a given application is filed shall be stated on such envelope. It shall not be allowable to show on such envelope the denomination (for a legal entity) or family name, first name and patronymic (for a natural person) of the participant in the order's placement.
3. An application for participation in a tender must contain the following:
1) data and documents concerning the participant in the order's placement that has filed such application:
a) firm's name (name), information concerning organisational-and-legal form, location, postal address (in respect of a legal entity), family name, first name, patronymic, passport data, information on the place of residence (in respect of a natural person), contact telephone number;

Federal Law No. 207-FZ of December 31, 2005 amended Subitem (b) of Item 1 of Part 3 of Article 25 of this Federal Law. The amendments shall enter into force from December 31, 2005
See the previous text of the Subitem

b) an excerpt from the Comprehensive State Register of legal entities or a notary-attested copy of such an excerpt (for legal entities), an excerpt from the Comprehensive State Register of individual entrepreneurs or a notary- attested copy of such an excerpt (for individual entrepreneurs), copies of the documents certifying the identity (for other natural persons), a properly certified and attested translation into Russian of the documents proving the state registration of a legal entity or natural person as an individual businessman in compliance with the legislation of the appropriate state (for foreign persons);
c) document proving the authority of a person to act on behalf of a participant in the order's placement, where necessary;
d) documents proving the qualifications of a participant in the order's placement in the event of holding a tender for carrying out scientific research, design-and-development or engineering works, if such criteria of assessment of applications for participation in a tender as qualifications of a participant in an order's placement is stated in a notice of holding a public tender;
2) a proposal concerning the functional characteristics (consumer properties) and qualitative characteristics of commodities, the quality of works or services and other proposals concerning the terms of implementation of a state or municipal contract, including a proposal concerning the contract price. In the instances provided for by tender documentation, also copies of the documents proving the compliance of commodities, works and services with the requirements of the legislation of the Russian Federation, if the legislation of the Russian Federation establishes requirements with respect to such commodities, works and services;
3) documents or copies of the documents proving the compliance of a participant in an order's placement with established requirements and terms of admittance to participation in the tender:
a) documents that prove the entry of monetary funds to secure an application for participation in the tender, if a notice of holding a public tender indicates the requirement to secure such application;
b) copies of the documents proving the compliance of a participant in an order's placement with the requirement established by Item 1 of Part 1 of Article 11 of this Federal Law, if the legislation of the Russian Federation establishes requirements with respect to the person engaged in supplying commodities, carrying out works and rendering services and such commodities, works and services constitute the subject of the tender;
c) documents proving the compliance of a participant in an order's placement with the requirement established in conformity to Item 1 of Part 2 of Article 11 of this Federal Law, if such requirement is established by a customer or authorised body;
d) copies of the documents proving the compliance of a participant in an order's placement with the requirement established in compliance with Part 3 of Article 11 of this Federal Law, if such requirement is established by the Government of the Russian Federation.
4. It shall not be allowable to demand of a participant in an order's placement other documents, except for the documents provided for by Part 3 of this Article.
5. Upon receiving an application for participation in a tender filed in the form of an electronic document, the customer or authorised body shall be obliged to confirm its receipt in writing or by an electronic document within one working day as of the date of receiving such application.
6. A participant in an order's placement shall only be entitled to file one application for participation in a tender in respect of each subject of the tender (each lot). A participant in an order's placement that may influence the activities of a specialised organisation may not file an application for participation in a tender.
7. The acceptance of applications for participation in a tender shall be finished on the day of opening envelopes with such applications and of providing access to applications for participation in the tender filed in the form of electronic documents subject to the provisions of Part 2 of Article 26 of this Federal Law.
8. The participants in an order's placement that have filed applications for participation in a tender, the customer, authorised body and specialised organisation shall be obliged to ensure the confidentiality of the data contained in such applications prior to opening envelopes with applications for participation in the tender and provision of access to applications for participation in the tender filed in the form of electronic documents. The persons charged with keeping envelopes with applications for participation in a tender and applications for participation in a tender filed in the form of electronic documents shall not be entitled to allow damaging such envelopes and applications before the time of their opening in compliance with Article 26 of this Federal Law.
9. A participant in an order's placement that has filed an application for participation in a tender shall be entitled to change or withdraw the application for participation in the tender at any time before opening by the tender commission envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents. Where the requirement to secure an application for participation in a tender is established, the customer or authorised body shall be obliged to return the monetary funds entered to secure the application for participation in the tender to the participant in the order' placement that has withdrawn the application for participation in the tender within five days as of the date of receiving by the customer or authorised body a notice of the withdrawal of the application for participation in the tender.
10. Each envelope with an application for participation in a tender and each application filed in the form of an electronic document received at the time indicated in a notice of holding a public tender shall be registered by the customer or authorised body. The customer or authorised body on demand of a participant in an order's placement that has submitted an envelope with an application for participation in a tender shall issue a receipt to prove the acceptance of the envelope with such application, indicating the date and time of accepting it.
11. If before the expiry of the time period for filing applications for participation in a tender only one application for participation in the tender is filed or no applications for participation in a tender are filed, the tender shall be declared frustrated.
12. If before the expiry of the time period for filing applications for participation in a tender only one application for participation in the tender is filed, the envelope with the said application shall be opened or access to an application filed in the form of an electronic document shall be provided and the said application shall be considered in the procedure established by Articles 27-28 of this Federal Law. If the said application complies with the requirements and terms provided for by tender documentation, the customer within three days as of the date of considering the application for participation in the tender shall be obliged to transfer to the participant in the order's placement that has filed the only application for participation in the tender a draft contract to be drawn up by way of including the terms of the contract's implementation offered by such participant in the application for participation into the draft contract attached to the tender documentation. With this, a state or municipal contract shall be made with the participant in the order's placement that has filed the application subject to the provisions of Part 4 of Article 29 of this Federal Law under the terms and at the price of the contract which are provided for by the application for participation in the tender and tender documentation, but the price of such contract may not exceed the initial price of the contract indicated in a notice of holding the public tender.
A participant in an order's placement that has filed the said application shall not be entitled to refuse to make a state or municipal contract. The monetary funds entered to secure an application for participation in a tender shall be returned to the participant in the order's placement within five working days as of the date of making a state or municipal contract. If such participant in the order's placement fails to submit the signed contract to the customer at the time provided for by tender documentation, as well as the security of implementation of the contract in the event of establishing by the customer or authorised body the requirement to secure implementation of the contract, it shall be declared that such participant in the order's placement evades making the state or municipal contract. If a participant in an order's placement evades making the contract, the monetary funds entered to secure the application for participation in the tender shall not be returned.

Article 26. Procedure for Opening Envelopes with Applications for Participation in a Tender and for Providing Access to Applications for Participation in a Tender Filed in the Form of Electronic Documents
1. The tender commission on the day, at the time and place indicated in a notice of holding a public tender shall publicly open envelopes with applications for participation in the tender and shall provide access to the applications for participation in the tender filed in the form of electronic documents. Envelopes with applications for participation in the tender shall be opened and access to the applications for participation in the tender filed in the form of electronic documents shall be provided on the same day.
2. On the day of opening envelopes with applications for participation in a tender and of providing access to the applications for participation in the tender filed in the form of electronic documents and right before opening envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents but at earliest at the time specified in a notice of holding an open tender and in the tender documentation, the tender commission shall be obliged to announce to all those present, when such envelopes are being opened and access to the applications for participation in the tender filed in the form of electronic documents is being provided, that they can file applications for participation in the tender, to amend or withdraw filed applications for participation in the tender before opening envelopes with applications for participation in the tender and provision of access to the applications for participation in the tender filed in the form of electronic documents.
3. The tender commission shall open envelopes with applications for participation in a tender and shall provide access to the applications for participation in the tender filed in the form of electronic documents received by the customer or authorised body before opening applications for participation in the tender or providing access to the applications for participation in the tender filed in the form of electronic documents.
4. The participants in an order's placement that have filed applications for participation in a tender or representatives thereof shall be entitled to be present when opening envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents.
5. The denomination (for legal entities), family name, first name, patronymic (for a natural person) and postal address of each participant in an order's placement whose envelope with an application for participation a tender is to be opened or whose application for participation in a tender filed in the form of an electronic document is to be made accessible, availability of the data and documents provided for by the tender documentation, terms of implementation of a state or municipal contract, indicated in such application and constituting a criterion for assessment of applications for participation in the tender, shall be announced at the time of opening envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents and shall be entered to the record of opening envelopes with applications for participation in the tender and of providing access to the applications for participation in the tender filed in the form of electronic documents.
6. In the course of opening envelopes with applications for participation in a tender and of providing access to the applications for participation in the tender filed in the form of electronic documents information on the participants in an order's placement which have filed applications for participation in the tender, on availability of the documents and data provided for by tender documentation may be immediately placed on the official site.
7. When opening envelopes with applications for participation in a tender and providing access to the applications for participation in the tender filed in the form of electronic documents, the tender commission shall be entitled to demand of the participants in an order's placement to clarify the provisions of the documents and applications for participation in the tender filed by them, and also in the form of electronic documents. With this, it shall not be allowable to amend applications for participation in the tender. The tender commission shall not be entitled to make additional claims with respect to participants in an order's placement. It shall not be allowable to change the requirements with respect to participants in an order's placement specified in the tender documentation. The said explanations shall be entered to the record of opening envelopes with applications for participation in a tender and of provision of access to the applications for participation in the tender filed in the form of electronic documents.
8. The record of opening envelopes with applications for participation in a tender and of provision of access to the applications for participation in the tender filed in the form of electronic documents shall be kept by the tender commission and shall be signed by all members of the tender commission who are present and by the customer or authorised body directly after opening envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents. The said record shall be placed by the customer, authorised body or specialized organisation on the official site on the date of signing it.
9. The customer, authorised body or specialised organisation shall be obliged to make a sound recording of opening envelopes with applications for participation in a tender and of providing access to the applications for participation in a tender filed in the form of electronic documents. Any participant in an order's placement which attends the opening of envelopes with applications for participation in a tender or provision of access to the applications for participation in the tender filed in the form of electronic documents shall be entitled to make sound recording or videotaping of the opening of such envelopes and providing access to such applications.
10. The envelopes with applications for participation in a tender received after terminating the acceptance of envelopes with applications for participation in a tender and of applications for participation in the tender filed in the form of electronic documents shall be opened and access to the applications for participation in the tender filed in the form of electronic documents shall be provided, and on the same day such envelopes and such applications shall be returned to participants in the order's placement. If the requirement has been established to secure an application for participation in a tender, the customer or authorised body shall be obliged to return the monetary funds entered to secure the application for participation in the tender to the said participants in the order's placement within five days as of the date of signing the record of assessment and comparison of applications for participation in the tender.

Article 27. Procedure for Considering Applications for Participation in a Tender
1. The tender commission shall consider applications for participation in a tender as to their compliance with the requirements established by the tender documentation and as to the compliance of participants in an order's placement with the requirements established in conformity to Article 11 of this Federal Law. The time period for consideration of applications for participation in a tender may not exceed ten days as of the date of the opening of envelopes with applications for participation in the tender and providing access to the applications for participation in the tender filed in the form of electronic documents.
2. On the basis of the results of considering applications for participation in a tender, the tender commission shall render a decision on admittance to the tender of a participant in the order's placement and on declaring the participant in the order's placement that has filed an application for participation in the tender, a tender participant or on the refusal to admit such participant in the order's placement to participation in the tender in the procedure and for the reasons that are provided for by Article 12 of this Federal Law, as well as the record of consideration of applications for participation in the tender shall be legalised to be kept by the tender commission and signed by all members of the tender commission attending the meeting and by the customer or authorised body on the finishing date of consideration of applications for participation in the tender.
The record must contain data on the participants in an order's placement that have filed applications for participation in the tender, a decision concerning admittance of a participant in an order's placement to participation in the tender and on declaring him a participant of the tender or on the refusal to admit a participant in an order's placement to participation in the tender, such decision being substantiated. The said record shall be inserted by the customer, authorised body or specialised organisation on the finishing date of consideration of applications for participation in the tender to the official site. Notices concerning decisions rendered by the tender commission at the latest on the day following the date of signing the said record shall be sent to the participants in the order's placement which have filed applications for participation in the tender and have been declared participants of the tender, as well as to the participants in the order's placement that have filed applications for participation in the tender and have not been admitted to participation therein.
3. Where the requirement to ensure an application for participation in a tender is established, the customer or authorised body shall be obliged to return the monetary funds entered to secure an application for participation in the tender to the participant, that has filed an application for participation in the tender and has not been admitted to participation therein, within five working days as of the date of signing the record specified in Part 2 of this Article.
4. If It was decided on the basis of the results of considering applications for participation in a tender to refuse to admit to participation in the tender all the participants in an order's placement that have filed applications for participation in the tender or to admit to participation in the tender and to declare a tender participant a participant in the order's placement that has filed an application for participation therein, the tender shall be declared frustrated. With this, the customer or authorised body shall be obliged, if the requirement to secure an application for participation in the tender is established, to return the monetary funds entered to secure an application of participation in the tender, to participants in an order's placement that have filed applications for participation in the tender within five days as of the date of declaring the tender frustrated, except for the participant in the order's placement which has been declared the tender's participant. The monetary funds entered to secure an application for participation in the tender shall be returned to the said tender's participant within five days as of the date of making a state or municipal contract with him.
5. If a tender is declared frustrated and solely one participant in an order's placement that has filed an application for participation in the order's placement is declared the tender participant, the customer within three days as of the date of signing the record provided for by Part 2 of this Article shall be obliged to transfer to such tender participant a draft contract drawn up by way of including the terms of the contract's implementation offered by such participant in the application for participation in the tender, to the draft contract attached to the tender documentation. With this, the state or municipal contract shall be made subject to the provisions of Part 4 of Article 29 of this Federal Law under the terms and at the price of the contract which are provided for by the application for participation in the tender and by the tender documentation, but the price of such contract may not exceed the initial contract's price specified in a notice of holding an open tender. Such participant shall not be entitled to refuse to conclude a state or municipal contract. The monetary funds entered to secure an application for participation in the tender shall be returned to such tender participant within five days as of the date of making a state or municipal contract with him. Should such tender participant fail to present to the customer at the time provided for by tender documentation the signed contract, as well as the security of the contract's implementation, if the customer or authorised body has established the requirement to secure the contract's implementation, it shall be declared that such tender participant has evaded making a state or municipal contract. In the event of such participant's evasion of making a contract, the monetary funds entered to secure the application for participation in the tender shall not be returned.

Article 28. Assessment and Comparison of Applications for Participation in a Tender
1. The tender commission shall assess and compare the applications for participation in a tender filed by the participants in an order's placement declared to be the tender participants. The time period for assessment and comparison of such applications may not exceed ten days as of the date of signing the record indicated in Part 2 of Article 27 of this Federal Law.
2. Applications for participation in a tender shall be assessed and compared by the tender commission for the purpose of detecting the best terms of implementing a state or municipal contract in compliance with the criteria and in the procedure established by the tender documentation.
3. If a notice of holding an open tender contains an indication that there are advantages for institutions of the criminal executive system and (or) organisations of disabled persons, the tender commission, when assessing and comparing applications for participation in the tender, must take into account such advantages in favour of the applications for participation in the tender of the said participants in an order's placement.
4. To detect the best conditions for a contract's implementation offered in applications for participation in a tender the tender commission must assess and compare such applications in compliance with the criteria specified in a notice of holding a public tender and in the tender documentation. With this, the following may be deemed the criteria for assessing applications for participation in a tender:
1) functional characteristics (consumer properties) and qualitative characteristics of commodities, works and services;
2) outlays on operation of commodities;
3) outlays on technical maintenance of commodities;
4) time (time periods) for supplying goods, carrying out works and rendering services;
5) time for granting a guarantee of the quality of commodities, works or services;
6) extent of granting guarantees of the quality of commodities, works and services;
7) contract's price;
8) other criteria in compliance with the laws of the Russian Federation concerning orders' placement.
5. When holding a tender for carrying out scientific research, design-and-development or engineering works, the tender commission, for the purpose of detecting the best conditions of a contract's implementation in compliance with the tender documentation, shall be likewise entitled to take into account such criteria for the assessment of applications for participation in a tender as the qualifications of the tender participants, if such criteria are provided for by a notice of holding a public tender, an invitation to participate in a closed tender and tender documentation.
6. It shall not be allowable to apply the criteria for assessing applications for participation in a tender, other than those provided for by Parts 4 and 5 of this Article.
7. A procedure for assessing applications for participation in a tender shall be established by the Government of the Russian Federation. The Government of the Russian Federation, when establishing a procedure for assessing applications for participation in a tender, shall provide for the types of criteria from among those specified in Part 4 and 5 of this Article and the values of such criteria depending on the types of commodities, works and services.
8. On the basis of the results of assessing and comparing applications for participation in a tender, the tender commission shall assign an ordinal number to each application for participation in the tender as the degree of expediency of the terms of a contract's implementation contained therein decreases, as compared to the other applications. The first number shall be assigned to the application for participation in a tender containing the best terms of the contract's implementation
9. The winner of a tender shall be declared the tender participant which has offered the best terms and conditions of the contract's implementation and to which application for participation in the tender the first number is assigned.
10. The tender commission shall keep the record of assessment and comparison of applications for participation in a tender that must contain data on the place, date and time of assessing and comparing such applications, on the tender participants whose applications for participation in the tender have been considered, on the terms of the contract's implementation offered in such applications, on the decision concerning assignment of ordinal numbers to applications for participation in the tender rendered on the basis of the results of assessment and comparison of applications for participation in the tender, as well as denominations (for legal entities), family names, first names, patronymics (for natural persons) and postal addresses of the tender participants whose applications for participation in the tender the first and the second numbers were assigned to. The record shall be signed by all members of the tender commission present and by the customer or authorised body within the day following the finishing date of assessment and comparison of applications for participation in the tender. The record shall be drawn up in two copies, one of them to be kept by the customer or authorised body. The customer or authorised body within three days as of the date of signing the record shall transfer to the tender winner one copy of the record and a draft contract which is drawn up by way of including the conditions of the contract's implementation offered by the tender winner in the application for participation in the tender, into the draft contract attached to the tender documentation.
11. The record of assessment and comparison of applications for participation in a tender shall be placed on the official site and published in an the official print by the customer, authorised body or specialised organisation accordingly within one day and five days as of the date of signing the said record.
12. Where the requirement to secure applications for participation in a tender is established, the customer or authorised body shall be obliged to return within five days as of the date of signing the record of assessment and comparison of applications for participation in a tender the monetary funds entered to secure an application for participation in the tender, to the tender participants which have participated in the tender but have failed to win it, except for a tender participant whose application for participation in the tender the second number was assigned to and whose monetary funds entered to secure an application for participation in the tender are to be returned in the procedure provided for by Part 5 of Article 29 of this Federal Law.
13. Any tender participant after publishing or inserting the record of assessment and comparison of applications for participation in a tender shall be entitled to send to the customer or authorised body a request in writing, including in the form of an electronic document, for explanation of the tender results. The customer or authorised body within two working days as of the date of receiving such request shall be obliged to present the appropriate explanations to the tender participant in writing or in the form of an electronic document.
14. Any tender participant shall be entitled to complain about the tender results in the procedure provided for by Chapter 8 of this Federal Law.
15. Records drawn up in the course of a tender, applications for participation in a tender, tender documentation, amendments made to the tender documentation, the sound recording of opening envelopes with applications for participation in the tender and providing access to the applications filed in the form of electronic documents shall be kept by the customer or authorised body within at least three years.

Article 29. Making a State or Municipal Contract on the Basis of the Results of a Tender
1. If the tender winner within the time period provided for by the tender documentation does not present to the customer the signed contract transferred thereto in compliance with Part 10 of Article 28 of this Federal Law, as well as the security of the contract's implementation, if the customer or authorised body has established the requirement to secure the contract's implementation, it shall be declared that the tender winner has evaded making a state or municipal contract.
2. if it is declared that the tender winner has evaded making a state or municipal contract, the customer shall be entitled to make a claim with court for forcing the tender winner to make the contract, as well as for repair of the damages caused by the evasion to make the contract, or to make a state or a municipal contract with the tender participant whose application for participation in the tender the second number has been assigned to. With this, making a state or municipal contract shall be obligatory for the tender participant whose application the second number has been assigned to. If the tender winner or the tender participant whose application for participation in the tender the second number is assigned to evades making a contract, the monetary funds entered by them to secure the applications for participation in the tender shall not be returned.
3. A state or municipal contract shall be made under the terms and conditions indicated in the application for participation in the tender filed by the tender participant which the contract is made with, and in the tender documentation subject to the provisions of Part 6 of Article 9 of this Federal Law.
4. If the customer or authorised body establishes the requirement to secure implementation of a state or municipal contract, the state or municipal contract shall be only made after granting by the tender participant which the contract is to be made with, a bank guarantee, insurance of liability under the contract or putting to the customer in pledge monetary funds in the amount of security of the contract's implementation specified in a notice of holding a public tender. The way of securing implementation of the contract from among those enumerated in this Part shall be independently selected by such tender participant. If the tender winner or the tender participant which a contract is made with is a budget institution and the customer or authorised body has established the requirement to secure the contract's implementation, it shall not be required to secure the contract's implementation.
5. If the requirements has been established to secure an application for participation in a tender, the monetary funds entered to secure an application for participation in the tender shall be returned to the tender winner within five days as of the date of making a state or municipal contract with him. The monetary funds entered to secure an application for participation in a tender shall be returned to the tender participant whose application for participation in the tender the second number has been assigned to within five days as of the date of making a state or municipal contract with the tender winner or with such tender participant.

Article 30. Specifics of Holding a Closed Tender
1. A closed tender shall be held by approbation of the federal executive body authorised to exercise control in respect of orders' placement. The conduct of a closed tender shall be coordinated in the procedure established by the federal executive body charged with normative legal regulation in respect of orders' placement. With this, the time periods for such coordination must not exceed ten working days as of the date of receiving an application for coordination of the conduct of a closed tender.
2. When conducting a closed tender, the provisions of this Federal Law concerning the conduct of a public tender subject to the provisions of this Article shall apply.
3. Neither the notice of holding a closed tender, tender documentation and amendments to be made to the tender documentation nor the explanations concerning the tender documentation shall be subject to publication in mass media and in the Internet. The customer or authorised body at the latest thirty days before the date of opening envelopes with applications for participation in a tender shall send invitations in writing to take part in a closed tender to the persons which comply with the requirements provided for by this Federal Law, are admitted to the data constituting a state secret and can supply the commodities, carry out the works and render the services that are the subject of the tender. The said invitations must contain the data provided for by Part 4 of Article 21 of this Federal Law.
4. When holding a closed tender, it shall neither be allowable to file applications for participation in the tender in the form of electronic documents, not to provide the tender documentation and amendments made thereto, nor to send requests for explaining the provisions of the tender documentation and to give such explanations, in the form of electronic documents. Explanations as to the provisions of the tender documentation must be brought in writing by the customer or authorised body to the knowledge of all persons to which the tender documentation is provided indicating the subject of a request and not indicating the participant in the order's placement which the request has been received from.
5. Records drawn up in the course of holding a closed tender, as well as the data obtained in the course of holding a closed tender, shall not be subject to publication in mass media and insertion to the Internet.
6. When holding a closed tender, sound recording video taping shall not be allowable.

Article 31. Effects of Declaring a Tender Frustrated
1. If a tender is declared frustrated and a state or municipal contract is not made with the sole tender participant or with the participant in an order's placement which has filed the only application for participation in the tender, the customer or authorised body shall be entitled to declare the repeated conduct of the tender or to send the documents concerning the conduct of the tender and declaring it frustrated to the federal executive body (when placing orders to supply commodities, carry out works and render services for meeting federal needs), to the executive body of a constituent entity of the Russian Federation (when placing orders to supply commodities, carry out works and render services for meeting the needs of the constituent entity of the Russian Federation) or the local self government body (when placing orders to supply commodities, carry out works and render services for meeting the needs of a municipal establishment) which are authorised to exercise control in respect of orders' placement. The customer by approbation of the said body may decide on placing an order with a single supplier (performer, contractor). With this, a state or municipal contract must be made with the single supplier (performer, contractor) under the terms and conditions provided for by the tender documentation, the price of the contract made must not exceed the initial contract's price specified in a notice of holding a public tender or in an invitation to participate in a closed tender. A procedure for coordination of probable making of a state or municipal contract with a single supplier (performer, contractor) shall be established by the federal executive body charged with normative legal regulation in respect of order placement. With this, the time period for such coordination must not exceed ten working days as of the date of receiving an application for coordination of probable making of a state or municipal contract with a single supplier (performer, contractor).
2. In the event of announcing a repeated conduct of a tender, the customer or authorised body shall be entitled to change the terms and conditions thereof.

Chapter 3. Placement of an Order by Way of Holding an Auction

Article 32. Auction for the Right to Make a State or Municipal Contract
1. For the purposes of this Federal Law, an action for the right to make a state or municipal contract shall mean the sales declared to be won by the person which offers the lowest price of a state or municipal contract.
2. An auction may be pubic or closed. The customer or authorised body shall only be entitled to place an order by way of holding a closed tender in the event of placing an order to supply commodities, carry out works and render services, data on which constitute a state secret.
3. If the initial price of a state or municipal contract does not exceed five hundred thousand roubles, an open auction may be held in the electronic form on an Internet site in the procedure established by Article 41 of this Federal Law.
4. It shall not be allowable to recover from participants in an order's placement payment for participation in an auction, except for payment for provision of documentation concerning the auction where it is provided for by this Federal Law.
5. The customer or authorised body may establish the requirement to enter monetary funds for the purpose of securing an application for participation in an auction (hereinafter also referred to as the requirement to secure an application for participation in an auction).
With this, the rate of security of an application for participation in an auction must constitute five per cent of the initial contract price. If a customer or authorised body establishes the requirements to secure an application for participation in an auction, such requirement shall equally extend to all participants in an order's placement and shall be stated in a notice of holding a a public auction and in an invitation to participate in a closed auction. When holding an auction in an electronic form, the requirements of ensuring an application for participation in an auction shall not be established.
6. When holding an auction, any talks of the customer, authorised body, specialised organisation or auction commission with a participant in an order's placement shall not be allowable. Should the said provision be broken, an auction may be declared invalid on the basis of a claim made by a person concerned in the procedure provided for by the legislation of the Russian Federation.

Article 33. Notice of Holding a Public Auction
1. A notice of holding a public auction shall be published by the customer, authorised body and specialised organisation in the official media or placed on the official site at least 20 days before the finishing date for filing applications for participation in the auction.
2. A notice of holding an open auction shall be published and inserted in the procedure provided for by Parts 2 and 3 of Article 21 of this Federal Law.
3. In a notice of holding a public auction, in addition to the data provided for by Items 1 - 7 and 12 of Part 4 of Article 21 of this Federal Law, the following information must be likewise shown:
1) the time, place and procedure for providing documentation on the auction, official site on which the auction documentation is placed, rate of, procedure and time for entering the payment collected by the customer or authorised body for provision of the documentation concerning the auction where such payment is established;
2) the rate of reducing the initial contract price (»auction step»);
3) the place, procedure, starting an finishing dates for filing applications for participation in the auction. With this, the finishing date for filing applications for participation in the auction shall be established in compliance with Part 6 of Article 35 of this Federal Law;
4) the place, day and time of starting consideration of applications for participation in the auction;
5) the place, procedure, date and time of holding the auction;
6) the rate of security of an application for participation in the auction, time and procedure for entering monetary funds to secure such application, requisite elements of the account for remittance of the said monetary funds in the event of establishing by the customer or authorised body the requirement to secure an application for participation in the auction;
7) the rate of security of implementation of a state or municipal contract, time and procedure for its granting, if the customer or authorised body establishes the requirement to secure the contract's implementation. The rate of security of a contract's implementation may not exceed thirty per cent of the initial contract price indicated in a notice of holding a public auction.
4. The customer or authorised body that has officially published or inserted to the official site a notice of holding a public auction shall be entitled to refuse to hold it at latest ten days before the finishing date for filing applications for participation in the auction. A notice concerning the refusal to hold a public tender shall be published and inserted by the customer, authorised body and specialised organisation accordingly within five and two days as of the date of deciding to refuse to hold the public auction in the procedure established for publishing and inserting to the official site a notice of holding the public auction. Within two days as of the date of rendering the said decision, the customer or authorised body shall be obliged to send the appropriate notices to all the participants in an order's placement that have filed applications for participation in the auction. Where the requirement to secure an application for participation in an auction is established, the customer or authorised body shall return to participants in the order's placement the monetary funds entered to secure such applications within five days as of the date of deciding on the refusal to hold the public auction.

Article 34. Auction Documentation
1. Auction documentation shall be devised by a customer, authorised body or specialised organisation and shall be endorsed by the customer of authorised body.
2. Auction documentation must contain the requirements established by a customer or authorised body with respect to the quality and technical parameters of commodities, works and services, requirements with respect to their safety, requirements with respect to functional characteristics (consumer properties) of commodities, to the size, packing and shipping of commodities, requirements with respect to the results of works and other indices connected with establishing the compliance of the commodities to be supplied, the works to be carried out and the services to be rendered with the customer's needs.
3. Auction documentation may contain an indication of trademarks, service marks, firm's names, patents, utility models, industrial models, name of the place of commodities' origin or manufacturer's name that must be accompanied by the words «or equivalent», except when commodities, that bear other trademarks or service marks, prove to be incompatible and when it is necessary to ensure the interaction of such commodities with the commodities used by the customer. The equivalency of commodities shall be determined in compliance with the requirements and indices established in conformity to Part 2 of this Article.
4. Auction documentation, in addition to the data provided for by Items 2 - 7 and 10 of Part 4 of Article 22 of this Federal Law, must contain the following data:
1) the requirements with respect to the contents and form of an application for participation in the auction, including applications filed in the form of an electronic document and instructions as to filling it out;
2) the procedure, place, starting an finishing dates for filing applications for participation in the auction in compliance with Item 3 of Part 3 of Article 33 of this Federal Law;
3) the procedure and time for withdrawal of applications for participation in the auction. With this, the time period for withdrawal of applications for participation in an auction shall be established in compliance with Part 10 of Article 335 of this Federal Law;
4) the form of, procedure for, starting and finishing dates of giving to participants in an order's placement explanations concerning the provisions of auction documentation in compliance with Part 8 of this Article;
5) the probability of an electronic form of participation in the auction;
6) the time period within which the auction winner must sign a draft state or municipal contract. The said time period must constitute at least ten days as of the date of signing the record of the auction.
5. A draft state or municipal contract must be attached to the auction documentation.
6. The data contained in the auction documentation must comply with the data indicated in a notice of holding a public auction.
7. Auction documentation shall be presented in the procedure established by Article 23 of this Federal Law.
8. The provisions of auction documentation shall be explained and amendments shall be made thereto in compliance with Article 24 of this Federal Law.

Article 35. Procedure for Filing Applications for Participation in an Auction
1. To participate in an auction, a participant in an order's placement shall file an application for participation in the auction at the time specified in a notice of holding a public auction according to the form established by auction documentation.
2. An application for participation in an auction must contain the following:
1) data and documents concerning the participant in the order's placement that has filed such application:
a) firm's name (name), information concerning organisational-and-legal form, location, postal address (in respect of a legal entity), family name, first name, patronymic, passport data, information on the place of residence (in respect of a natural person), contact telephone number;

Federal Law No. 207-FZ of December 31, 2005 amended Subitem (b) of Item 1 of Part 2 of Article 35 of this Federal Law. The amendments shall enter into force from December 31, 2005
See the previous text of the Subitem

b) an excerpt from the Comprehensive State Register of legal entities or a notary- attested copy of such an excerpt (for a legal entity), an excerpt from the Comprehensive State Register of individual entrepreneurs or a notary- attested copy of such an excerpt (for an individual entrepreneur), copies of the documents certifying the identity (for other natural persons), a properly certified and attested translation into Russian of documents proving the state registration of a legal entity or natural person as an individual businessman in compliance with the legislation of the appropriate state (for foreign persons);
c) the document proving the authority of a person to act on behalf of a participant in the order's placement, where necessary;
2) the data concerning the functional characteristics (consumer properties) and qualitative characteristics of commodities, the quality of works or services. In the instances provided for by auction documentation, also copies of the documents proving the compliance of commodities, works and services with the requirements of the legislation of the Russian Federation, if the legislation of the Russian Federation establishes requirements with respect to such commodities, works and services;
3) the documents proving the compliance of a participant in an order's placement with established requirements and terms of admittance to participation in the auction or copies of such documents:
a) the documents that prove the entry of monetary funds to secure an application for participation in the auction, if a notice of holding a public auction contains an indication of the requirements to secure such application;
b) the copies of the documents proving the compliance of a participant in an order's placement with the requirements established by Item 1 of Part 1 of Article 11 of this Federal Law, if the legislation of the Russian Federation establishes requirements with respect to the persons engaged in supplying commodities, carrying out works and rendering services and such commodities, works and services constitute the subject of the tender;
c) the documents proving compliance of a participant in an order's placement with the requirement established in conformity to Item 1 of Part 2 of Article 11 of this Federal Law, if such requirement is established by a customer or authorised body;
d) the copies of the documents proving the compliance of a participant in the order's placement with the requirement established in compliance with Part 3 of Article 11 of this Federal Law, if such requirement is established by the Government of the Russian Federation.
3. It shall not be allowable to demand of a participant in an order's placement other documents, except for the documents provided for by Part 2 of this Article.
4. A participant in an order's placement shall file an application for participation in an auction in writing or in the form of an electronic document. Upon receiving an application for participation in a auction filed in the form of an electronic document, the customer or authorised body shall be obliged to confirm its receipt in writing or by an electronic document within one working day as of the date of receiving such application.
5. A participant in an order's placement shall be only entitled to file one application for participation in an auction
6. The acceptance of applications for participation in a auction shall be finished on the day of considering applications for participation in the auction directly before the start of considering applications for participation in the auction indicated in a notice of holding a public auction.
7. Each application for participation in an auction received at the time specified in a notice of holding a public auction shall be registered by the customer or authorised body. Upon the request of a participant in an order's placement that has filed an application for participation in an auction, the customer or authorised body shall issue a receipt proving such application's coming in, indicating the date and time of receiving it.
8. When registering an application for participation in an auction, the customer or authorised body shall be entitled to demand of the participants in an order's placement to explain the provisions of the documents and applications for participation in the auction presented by them. With this, it shall not be allowable to amend an application for participation in an auction. A customer or authorised body shall not be entitled to advance additional requirements with respect to the participants in an order's placement. It shall not be allowable to change the requirements with respect to the participants in an order's placement stated in auction documentation.
9. The applications for participation in an auction received after termination of the applications' acceptance shall not be considered and shall be returned to the participants in the order's placement which have filed such applications on the same day. Where the requirement to secure an application for participation in an auction is established, the authorised body shall be obliged to return the monetary funds entered to secure an application for participation in the auction to the said participants in the order's placement within five days as of the date of signing the auction record.
10. A participant in an order's placement that has filed an application for participation in an auction shall be entitled to withdraw such application for participation in the auction at any time before the day and time of starting the consideration of applications for participation in the auction. Where the requirements to secure an application for participation in an auction is established, the customer or authorised body shall be obliged to return the monetary funds entered to secure an application for participation in the auction to the said participant in the order placement within five days as of the date of receiving by the customer or authorised body a notice of the withdrawal of the application for participation in the auction.
11. If before the expiry of the time period for filing applications for participation in an auction only one application for participation in the auction is filed or no applications for participation in the auction are filed, the auction shall be declared frustrated.
12. If before the expiry of the time period for filing applications for participation in a tender only one application for participation in the tender is filed, the said application shall be considered in the procedure established by Article 36 of this Federal Law. If the said application complies with all the requirements and terms provided for by auction documentation, the customer within three days as of the date of considering an application for participation in the auction shall be obliged to transfer to the participant in the order's placement that has filed the only application for participation in the auction a draft contract attached to the auction documentation. With this, a state or municipal contract shall be made subject to the provisions of Part 4 of Article 38 of this Federal Law under the terms provided for by the auction documentation and at the initial contract price specified in a notice of holding a public auction. A participant in an order's placement that has filed the said application shall not be entitled to refuse to make a state or municipal contract. The monetary funds entered to secure an application for participation in an auction shall be returned to the participant in the order's placement within five working days as of the date of making a state or municipal contract with him. If such participant in the order's placement fails to submit to the customer at the time provided for by auction documentation the signed contract, as well as the security of implementation of the contract in the event of establishing by the customer or authorised body the requirement to secure the implementation of the contract, it shall be declared that such participant in the order's placement evades making a state or municipal contract. If a participant in an order's placement evades making the contract, the monetary funds entered to secure the application for participation in the tender shall not be returned.

Article 36. Procedure for Considering Applications for Participation in an Auction
1. The auction commission shall consider applications for participation in an auction as to their compliance with the requirements established by auction documentation and as to the compliance of participants in an order's placement with the requirements established in compliance with Article 11 of this Federal Law.
2. A time period for consideration of applications for participation in an auction may not exceed five days as of the finishing date for filing applications for participation in the auction.
3. On the basis of the results of considering applications for participation in an auction, the auction commission shall render a decision on admittance to participation in the auction of a participant in the order's placement and on declaring the participant in the order's placement that has filed an application for participation in the auction, an auction participant or on the refusal to admit such participant in the order's placement to participation in the auction in the procedure and for the reasons that are provided for by Article 12 of this Federal Law, as well as the record of consideration of applications for participation in auction shall be legalised to be kept by the auction commission and signed by all members of the auction commission attending the meeting and by the customer or authorised body on the finishing date of consideration of applications for participation in the auction. The record must contain data on the participants in an order's placement that have filed applications for participation in the auction, a decision concerning admittance of a participant in an order's placement to participation in the auction and on declaring him a participant of the auction or on the refusal to admit a participant in an order's placement to participation in the auction, such decision being substantiated. The said record shall be placed by the customer, authorised body or specialised organisation on the finishing date of consideration of applications for participation in the auction on the official site. Notices concerning decisions rendered by the auction commission at the latest on the day following the date of signing the said record shall be sent to the participants in the order's placement which have filed applications for participation in the auction and have been declared participants of the auction, as well as to the participants in the order's placement which have filed applications for participation in the auction and have not been admitted to participation therein.
4. Where the requirement to ensure an application for participation in a tender is established, the customer or authorised body shall be obliged to return the monetary funds entered to secure an application for participation in an auction to the participant that has filed an application for participation in the auction, and has not been admitted to participation therein, within five working days as of the date of signing the record specified in Part 3 of this Article.
5. If it was decided on the basis of the results of considering applications for participation in an auction to refuse to admit to participation in the auction all participants in an order's placement that have filed applications for participation in the auction, or to declare a tender participant solely one participant in the order's placement that has filed an application for participation in the auction, the auction shall be declared frustrated. With this, the customer or authorised body shall be obliged, if the requirement to secure an application for participation in the auction is established, to return the monetary funds entered to ensure an application of participation in the auction, to the participants in the order's placement that have filed applications for participation in the auction and have not been admitted to participation therein, in the procedure provided for by Part 4 of this Article, except for the participant in the order's placement which has been declared the auction participant. The monetary funds entered to secure an application for participation in the auction shall be returned to the said auction participant within five days as of the date of making a state or municipal contract with him.
6. If an auction is declared frustrated and solely one participant in an order placement that has filed an application for participation in the auction is declared to be the auction participant, the customer within three days as of the date of signing the record of considering applications for participation in the auction shall be obliged to transfer to such auction participant a draft contract attached to the auction documentation. With this, the state or municipal contract shall be made subject to the provisions of Part 4 of Article 38 of this Federal Law under the terms provided for by the auction documentation and at the initial contract price specified in a notice of holding the auction. Such participant shall not be entitled to refuse to conclude a state or municipal contract. The monetary funds entered to secure an application for participation in the auction shall be returned to such auction participant within five days as of the date of making a state or municipal contract with him. Should such auction participant fail to present to the customer at the time provided for by auction documentation the signed contract, as well as the security of the contract's implementation, if the customer or authorised body has established the requirement to secure the contract's implementation, it shall be declared that such tender participant has evaded making a state or municipal contract. In the event of such participant's evasion of making a contract, the monetary funds entered to secure the application for participation in the tender shall not be returned.

Article 37. Procedure for Holding an Auction
1. The participants in an order's placement declared to be participants in an auction may only take part in the auction. A customer or authorised body shall be obliged to provide auction participants with an opportunity to participate in the auction directly or through their representatives. Where auction documentation provides for an opportunity to participate in an auction in an electronic form, the auction participations shall be entitled to choose such form of participation in the auction.
2. An auction shall be held by a customer or authorised body in the presence of the auction commission's members, auction participants or representatives thereof. The auction participants which have chosen an electronic form of participation in the auction shall be deemed present at the auction if they by the starting time of the auction have registered in the system ensuring participation in the auction in an electronic form. With this, the auction participants shall be registered in the said system free-of-charge. The system ensuring participation in an auction in an electronic form must create the conditions under which the auction participants directly attending the auction, as well as the auction participants that have selected an electronic form of participation, can receive in due time full information in respect of the progress of the auction and of bidding for the contract on the part of the auction participants directly attending the auction and the auction participants that have selected an electronic form of participation therein. Requirements with respect to the system ensuring an electronic form of participation in an auction shall be established by the Government of the Russian Federation.
3. Where a notice of holding a public auction provides for advantages for institutions of the criminal execution system and (or) organisations of disabled persons, an authorised body shall inform on the presence of such participants directly before the start of the auction.
4. An auction shall be held by way of reducing the initial contract price specified in a notice of holding a public auction by «an auction step».
5. «An auction step» shall be established in the amount of five per cent of the initial contract price specified in a notice of holding the auction. If after announcing the last bid for the contract three times none of the auction participants declares its intent to bid for a lower contract price, the customer or authorised body shall be entitled to reduce «the auction step» by at least 0.5 per cent of the initial contract price.
6. As the winner of an auction shall be deemed the person that has offered the lowest contract price.
7. When holding an auction, a customer or authorised body shall be obliged without fail to make a sound recording and to keep a record thereof that must contain data on the place, date and time of holding the auction, on the auction participants, on the initial contract price, on the last and the last but one bids for the contract price, name and location (for legal entities), family name, first name, patronymic, place of residence (for a natural person) of the auction winner and of the person that was the last but one to bid for the contract price. The record shall be signed by the customer, authorised body and by all auction commission members present on the day of holding the auction. The record shall be drawn up in two copies, one of them to be kept by the customer or authorised body. The customer or authorised body within three days as of the date of signing the record shall deliver to the auction winner one copy thereof and a draft contract to be drawn up by way of including the contract price offered by the auction winner to the draft contract attached to the auction documentation.
8. The record of an auction shall be placed on the official site and published in the official media by the customer, authorized body and specialised organisation accordingly within one day and five days as of the date of signing it.
9. Any auction participant shall be entitled to make its sound recording and videotaping.
10. Any auction participant after publishing or inserting the auction record shall be entitled to send to the customer or authorised body in writing, including in the form of an electronic document, a request to explain the auction's outcome. The customer or authorised body within two working days as of the date of receiving such request in writing or in the form of a electronic document shall be obliged to give such auction participants the appropriate explanations.
11. Where the requirements is established to secure an application for participation in an auction, the customer or authorised body within five days as of the date of signing the record of the auction shall be obliged to return the monetary funds entered to secure applications for participation in the auction to the auction participants that have participated in the auction but have failed to win it, except for the auction participant which was the last but one to bid for the contract price. The monetary funds entered to secure an application for participation in an auction by the auction participant which was the last but one to bid for the contract price shall be returned to such auction participant within five days as of the date of signing a state or municipal contract with the auction winner or with such auction participant.
12. If only one participant has participated in an auction or if, because there are no bids for the contract providing for a lower contract price than the initial one, «the auction step» has been reduced under Part 5 of this Article to the minimum rate and after announcing three times the offered initial contract price no bids for the contract providing for a lower contract price have been received, the auction shall be declared frustrated.
13. If there was only one auction participant, the customer within three days as of the date of signing the record specified in Part 7 of this Article shall be obliged to transfer to the sole auction participant the draft contract attached to the auction documentation. With this, a state or municipal contract shall be made subject to the provisions of Part 4 of Article 38 of this Federal Law under the terms and conditions provided for by the auction documentation at the initial contract price indicated in a notice of holding a public auction. The sole auction participant shall not be entitled to refuse making a state or municipal contract. The monetary funds entered to secure the application for participation in an auction shall be returned to such auction participant within 5 days as of the date of making a state or municipal contract with him. If such auction participant fails to submit to the customer at the time provided for by auction documentation a signed contract, as well as a security of implementation of the contract in the event of establishing by the customer or authorised body the requirement to secure the implementation of the contract, it shall be declared that such participant in the order's placement evades making a state or municipal contract. If a participant in an order's placement evades making the contract, the monetary funds entered to secure the application for participation in the tender shall not be returned.
14. Any auction participant shall be entitled to complain against the auction outcome in the procedure provided for by Chapter 8 of this Federal Law.
15. The records drawn up in the course of an auction, applications for participation in the auction, auction documentation, amendments made to auction documentation and explanations concerning auction documentation, as well as the sound recording of the auction shall be kept by the customer or authorised body for at least three years.

Article 38. Making a State or Municipal Contract on the Basis of the Outcome of an Auction
1. If the auction winner within the time period provided for by the auction documentation does not present to the customer the signed contract transferred thereto in compliance with Part 7 of Article 37 of this Federal Law, as well as the security of the contract's implementation, if the customer or authorised body has established the requirement to secure the contract's implementation, it shall be declared that the auction winner has evaded making a state or municipal contract.
2. If it is declared that the tender winner has evaded making a state or municipal contract, the customer shall be entitled to make a claim with court for forcing the auction winner to make the contract, as well as for repair of the damages caused by the evasion in making the contract, or to make a state or a municipal contract with the auction participant that was the last but one to bid for the contract. With this, making a state or municipal contract shall be obligatory for the auction participant that was the last but one to bid for the contract. If the auction winner or the auction participant with which a contract is to be made in the event of the auction winner's evasion of making the contract, evades making the contract the monetary funds entered by them to secure the applications for participation in the auction shall not be returned.
3. A state or municipal contract shall be made under the terms and conditions indicated in a notice of holding a public auction and auction documentation at the price offered by the auction winner, or, in the event of making a state or municipal contract with the auction participant that was the last but one to bid for the contract, at the price offered by such participant. If a notice of holding a public tender provides for any advantages with respect to institutions of the criminal execution system and (or) to organisations of disabled persons and such institution or organisation is declared to be the auction winner, a state or municipal contract upon request of the said auction participant shall be made at the price offered by the said auction participants subject to the advantages concerning the contract price but at most at the initial contract price specified in the notice of holding the public auction.
4. If the customer or authorised body establishes the requirement to secure implementation of a state or municipal contract, the state or municipal contract shall be only made after granting by the tender winner or the auction participant with which the contract is to be made in the event of the auction winner's evasion of making the contract, a bank guaranteed or insurance of liability under the contract, or after putting to the customer in pledge monetary funds in the amount of security of the contract's implementation specified in the notice of holding the public auction. The way of securing implementation of the contract from among those enumerated in this Part shall be independently selected by such auction participant. If the auction winner or the auction participant which a contract is made with is a budget institution and the customer or authorised body has established the requirement to secure the contract's implementation, it shall not be required to secure the contract's implementation.
5. If the requirement has been established to secure an application for participation in an auction, the monetary funds entered to secure an application for participation in the auction shall be returned to the auction winner within five days as of the date of making a state or municipal contract with him. The monetary funds entered to secure an application for participation in an auction shall be returned to the auction participant with which a contract is to be made, in the event of the auction winner's evasion of making a contract, within five days as of the date of making a state or municipal contract with the auction winner or with such auction participant.

Article 39. Specifics of Holding a Closed Auction
1. A closed auction shall be held by approbation of the federal executive body authorised to exercise control in respect of order placement. The conduct of a closed auction shall be coordinated in the procedure established by the federal executive body charged with normative legal regulation in respect of orders' placement. With this, the time periods for such coordination must not exceed ten working days as of the date of receiving an application for coordination of the conduct of a closed auction.
2. When conducting a closed auction, the provisions of this Federal Law concerning the conduct of a public auction shall apply, subject to the provisions of this Article.
3. A notice of holding a closed auction, auction documentation and amendments to be made to the auction documentation, as well as explanations concerning the auction documentation shall not be subject to publication in the mass media and on the Internet. The customer or authorised body at the latest twenty days before the finishing date for filing applications for participation in an auction shall send invitations in writing to take part in a closed auction to the persons which comply with the requirements provided for by this Federal Law, are admitted to the data constituting a state secret and can supply the commodities, carry out the works and render the services that are the subject of the auction. The said invitations must contain the data provided for by Part 3 of Article 33 of this Federal Law.
4. When holding a closed auction, it shall neither be allowable to file applications for participation in the auction in the form of electronic documents, nor to provide the auction documentation and amendments made thereto, to send requests for explaining the provisions of the auction documentation and to give such explanations in the form of electronic documents. Explanations as to the provisions of the auction documentation must be brought in writing by the customer or authorised body to the knowledge of all persons which the auction documentation is provided to, indicating the subject of the request and not indicating the participant in the order's placement which the request has been received from.
5. Records drawn up in the course of holding a closed auction, as well as the data obtained in the course of holding a closed auction, shall not be subject to publication in mass media and placing on the Internet.
6. When holding a closed auction, sound recording and videotaping shall not be allowable.

Article 40. Effects of Declaring an Auction Frustrated
1. If an auction is declared frustrated and a state or municipal contract is not made with the sole auction participant or with the participant in an order's placement which has filed the only application for participation in the auction, the customer or authorised body shall be entitled to announce the repeated conduct of an auction or an order's placement by way of a call for bids, if the contract price does not exceed two hundred and fifty thousand roubles, or to send the documents concerning the conduct of the auction and declaring it frustrated to the federal executive body (when placing orders to supply commodities, carry out works and render services for meeting federal needs), to the executive body of a constituent entity of the Russian Federation (when placing orders to supply commodities, carry out works and render services for meeting the needs of the constituent entity of the Russian Federation) or the local self government body (when placing orders to supply commodities, carry out works and render services for meeting the needs of a municipal establishment) which are authorised to exercise control in respect of orders' placement. The customer by approbation of the said body may decide on placing an order with a single supplier (performer, contractor). With this, a state or municipal contract must be made with the single supplier (performer, contractor) under the terms and conditions provided for by the auction documentation, the price of the contract made must not exceed the initial contract's price specified in a notice of holding a public auction. A procedure for coordination of probable making of a state or municipal contract with a single supplier (performer, contractor) shall be established by the federal executive body charged with normative legal regulation in respect of orders' placement. With this, the time period for such coordination must not exceed ten working days as of the date of receiving an application for coordination of the probable making of a state or municipal contract with the single supplier (performer, contractor).
2. In the event of declaring the repeated conduct of an auction, the customer or authorised body shall be entitled to change the auction terms and conditions.

Article 41. Procedure for Holding a Public Auction in an Electronic Form
1. A notice of holding a public auction in an electronic form shall be published and inserted in the procedure established by Parts 1 and 2 of Article 33 of this Federal law at the latest ten days before the date of holding the auction.
2. In a notice of holding a public auction in an electronic form, in addition to the data provided for by Items 1-7 of Part 4 of Article 21, Items 3-7 of Part 4 of Article 22, Item 7 of Part 3 of Article 33, Parts 2 and 3 and Item 6 of Part 4 of Article 34 of this Federal Law, shall be likewise indicated the internet site where such auction is to be held, the date and time of starting the registration of the auction participants on such site, procedure for registration on such site, the date and time of starting the auction. When holding a public auction in an electronic form, the auction documentation shall not be devised.
3. The admittance to participation in a public auction held in an electronic form on the internet site specified in Part 2 of this Article shall be provided free-of-charge.
4. A procedure for using the Internet site where public auctions in an electronic form are held and requirements with respect to engineering, software, linguistic, legal and organisational means ensuring the use of the said sites, as well as to the systems ensuring the conduct of public tenders in an electronic form, shall be established by the Government of the Russian Federation.
5. A customer shall ensure the reliability of the software used for the conduct of a public tender in an electronic form and equal admittance of participants in an order's placement to participation in the auction.
6. To participate in a public tender held in an electronic form, the participants in an order's placement must register on the Internet site in the procedure specified in a notice of holding a public auction in an electronic form. A participant in an order's placement shall be entitled to register on the said site at any time as of the starting date and time of registration indicated in a notice of holding a public auction in an electronic form up to the end of the public auction.
7. Bids for the contract price in an electronic form shall be submitted by the auction participants registered in compliance with Part 6 of this Article as of the starting date and time of an auction indicated in the notice of holding a public auction. When holding a public auction in an electronic form, «the auction step» shall not be established.
8. The following must be shown on the Internet site as of the starting date and time of an auction:
1) the subject and terms of the contract;
2) the initial contract's price;
3) the procedure for registration of participants in the public auction;
4) in the real-time mode the last and last but one bids for the contract price and the time of receiving the said bids, except when the contract price equal to the contract price indicated in the last but one bid or a higher one is indicated in the last bid.
9. An auction shall be deemed finished if within one hour as of the time of placing the last bid for the contract price on the Internet site no bids for a lower contract price are received. If several bids indicate the same lowest contract price, as the auction winner shall be declared the auction participant whose bid for the contract price has been received earliest. Information as to the end of an auction must be promptly placed on such site.
10. Within one hour as of the finishing time of an auction held on the Internet site in an electronic form a decision shall be placed on the said site to declare an auction participant to be the auction winner, information on the contract price, on the last and last but one bid for the contract price, denomination (for a legal entity), family name, first name, patronymic (for a natural person) of the auction winner and the auction participant that has made the bid for the contract price equal to the price thereof offered by the auction winner or, where there is not such participant, of the auction participant that was the last but one to bid for the contract price.
11. The auction results shall be legalised in the form of a record thereof indicating the place, date and time of holding the auction, a list of the auction participants, the last and last but one bids for the contract price, the denomination, location (for legal entities), family name, first name, patronymic, place of residence (for natural persons) of the auction winner and of the auction participant that has bid for the contract price equal to the price bid by the auction winner or was the last but one to bid for the contract. The record shall be signed by the customer or authorised body on the day of holding an auction. The record shall be drawn up in two copies, one of them to be kept by the customer or authorised body. The said record shall be inserted to the official site or published in the official print by the customer, authorised body or specialised organisation accordingly within one and five days as of the date of its signing. The customer or authorized body within three days as of the date of signing the record shall deliver to the auction winner one copy of the record and a draft contract to be drawn up by way of including the contract price bidden by the auction winner to the draft contract attached to the auction documentation.
12. If the auction winner at the time indicated in a notice of holding a public auction fails to present to the customer the signed contract, as well as the security of the contract's implementation, where the customer or authorised body has established the requirement to secure the contract's implementation, it shall be declared that the auction winner evades making a state or municipal contract.
13. If it is declared that the auction winner evades making a state or municipal contract, the customer shall be entitled to do the following:
1) to make a claim with court for forcing the auction winner to make the contract, as well as for repair of the damage caused by the evasion to make it;
2) to make a state or municipal contract with the auction participant that has bid for the contract price equal to the contract price bid by the auction winner;
3) to announce the conduct of a repeated auction.
14. A state or municipal contract shall be made subject to the requirements of Part 4 of Article 38 of this Federal Law under the terms specified in a notice of holding the auction at the price bid by the auction winner or by the auction participant which has bid for the contract price equal to the price bid by the auction winner and with which a contract is to be made in the event of the auction winner's evasion of making the contract.
15. An auction shall be declared frustrated if there is only one auction participant or if within one hour as of the auction starting time there are no bids for a lower contract price. In this instance, the customer or authorised body shall be entitled to announce holding a repeated auction or placing the order by way of a call for bids, if the contract price is two hundred and fifty thousand roubles at most.

Chapter 4. Placement of Orders by Way of a Call for Bids

Article 42. Call for Bids
1. A call for bids shall mean the way of placing an order when information concerning the needs in commodities, works or services for meeting state or municipal needs is delivered to an unlimited circle of persons by way of inserting to the official site a notice of the call for bids, and as the winner of the call for bids shall be declared the participant in an order's placement bidding for the lowest contract price.
2. A customer or authorised body shall be entitled to place an order by way of a call for bids of prices of the commodities, works or services which are not accordingly manufactured, carried out or rendered on the basis of specific applications of a customer or authorised body and for which there is an active market, subject to the provisions of Part 3 of this Article, if the price of a state or municipal contract does not exceed two hundred and fifty thousand roubles or an auction is declared frustrated and the initial price of a state or municipal contract does not exceed two hundred and fifty roubles, except for the instance provided for by Part 5 of this Article and Chapter 5 of this Federal Law.
3. A customer or authorised body shall not be entitled to place by way of a call for bids an order to supply commodities of the same name, to carry out works of the same name or render services of the same name to the amount exceeding two hundred and fifty thousand roubles payable within a quarter.
4. In the event of violating the provision specified in Part 3 of this Article, a state or municipal contract may be declared invalid by court on the basis of a claim made by a person concerned or of the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of order placement.
5. A customer shall be entitled to place an order by way of a call for bids of the prices of commodities, works or services that are not accordingly manufactured, carried out and rendered on the basis of specific applications of a customer and for which there is an active market, for ensuring its activities on the territory of the foreign state where the customer is located, with foreign suppliers (performers, contractors), regardless of the price of a state or municipal contract.

Article 43. Requirements with Respect to a Call for Bids
A call for bids must contain the following data:
1) customer's denomination, its postal address and e-mail address (if any);
2) source of the order's financing;
3) form of a bid, including the one to be filed in the form of an electronic document;
4) denomination, specifications and quantity of the commodities to be supplied, denomination of the works to be carried out and of the services to be rendered;
5) place of delivery of the commodities to be supplied, place of carrying out the works and place of rendering services;
6) time of supplying commodities, carrying out works and rendering services;
7) information concerning the outlays included (not included) into the price of commodities, works and services, including outlays on transportation, insurance, paying customs duties, taxes, fees and making other obligatory payments;
8) maximum contract price determined by a customer or authorised body as a result of studying the market of required commodities, works and services;
9) place for filing bids, time for their filing, including the finishing date and time for filing bids;
10) time and terms of payment for supplying commodities, carrying out works and rendering services;
11) time period for signing by the winner of the cal for bids a state or municipal contract as of the date of signing a record of consideration and assessment of bids.

Article 44. Requirements with Respect to a Bid
1. A bidding application must contain the following data:
1) denomination, location (for a legal entity), family name, first name, patronymic, place of residence (for a natural person), banking requisite elements of a participant in an order's placement;
2) denomination, specifications and quantity of commodities to be supplied, denomination and volume of works to be carried out and services to be rendered;
3) place of delivery of commodities to be supplied, place of carrying out works and place of rendering services;
4) time for supplying commodities, carrying out works and rendering services;
5) price of commodities, works and services with an indication of the data on the outlays which are included (not included) thereto, in particular outlays on transportation, insurance, payment of customs duties, taxes, fees and on making other obligatory payments;
6) time and terms of paying for supplying commodities, carrying out works and rendering services.
2. The terms and conditions of a state or municipal contract indicated in a bid must comply with the terms of the contract's implementation provided for by a call for bids.

Article 45. Procedure for Making a Call for Bids
1. A customer or authorised body shall be obliged to place on the official site a notice of making a call for bids at least four working days before the date of expiry of the time period for filing bids.
2. A notice of making a call for bids must contain the data provided for by Article 43 of this Federal Law and must be available for familiarisation free-of-charge within the total period for filing bids.
3. A customer or authorised body shall be entitled, concurrently with placing a notice of making a call for bids, to send the call for bids to the persons engaged in supplying the commodities, carrying out works and rendering the services provided for by the notice of making the call for bids.
4. If the commodities, works and services provided for by a notice of making a call for bids are manufactured, carried out and rendered by institutions of the criminal execution system, as well as by organisations of disabled persons, the customer or authorised body shall be also obliged to send the call for bids to the said institutions and organisations.
A procedure for providing customers and authorised bodies with information as to manufacture of commodities, carrying out works and rendering services by the said institutions and organisations shall be established by the federal executive body charged with normative legal regulation in respect of order placement.
5. In the instance provided for by Part 5 of Article 42 of this Federal Law, placing on an official site of a notice of making a call for bids shall not be required. A customer shall be obliged to send a call for bids to the persons that can supply the commodities, carry out the works and render the services provided for by the call for bids, proceeding from the necessity of receiving bids from at least three such persons.
6. A call for bids may be sent with the use of any communication means, in particular in an electronic form.

Article 46. Procedure for Filing Bids
1. Any participant in an order's placement, including a participant in an order's placement to whom a call for bids has not been sent shall only be entitled to file one bid whose amending shall not be allowed.
2. An application for a call for bids shall be filed by a participant in an order's placement to the customer or authorised body in writing or in the form of an electronic document at the time specified in a notice of making the call for bids. In the event of filing a bid in the form of an electronic document, a customer or authorised body shall be obliged to send on the same date to the participant in an order's placement that has filed such application a confirmation of receiving such application in writing or in the form of an electronic document.
3. A bid filed at the time specified in a notice of making a call for bids shall be registered by the customer or authorised body. Upon request of a participant in an order's placement that has filed a bid the customer or authorised body shall issue a receipt proving, that the bid has come in, with an indication of the date and time of receiving it.
4. A customer, authorised body or bidding commission, as well as a participant in an order's placement, shall not be allowed to hold talks in respect of the bid filed by it.
5. The bids filed after the finishing date of the time period for filing bids indicated in a notice of making a call for bids shall not be considered and shall be returned to the participants in an order's placement which have filed such applications on the day of receiving them.
6. If after the finishing date of the time period for filing bids only one bid is filed, the customer or authorised body shall extend the time period for filing bids by four working days and within one working day after the finishing day of the time period for filing bids shall insert to the official site a notice of extending the time period for filing such bids. With this, a customer or authorised body shall be obliged to send a call for bids to at least three participants that can supply required goods, carry out required works or render required services. A bid filed at the time specified in a notice of extending the time period for filing bids shall be considered in the procedure established for consideration of the bids filed at the time specified in a notice of making a call for bids. If after the finishing date of the time period for filing bids indicated in a notice of extending the time period for filing bids no bids are additionally filed, the customer shall be obliged to make a state or municipal contract with the participant in an order's placement that has filed the only bid under the terms and conditions provided for by a notice of making a call for bids at the price offered by such participant in an order's placement in the bid, if this price does not exceed the price indicated in the notice of making the call for bids.
7. If no bids are filed, a customer or authorised body shall be entitled to make a repeated placement of the order by way off making a call for bids. With this, a customer or authorised body shall be entitled to change the terms and conditions of the contract.

Article 47. Consideration and Assessment of Bids
1. The bidding commission within the day following the finishing date for filing bids shall consider bids as to their compliance with the requirements established by a notice of making a call for bids and shall assess the bids.
2. The winner of a call for bids shall be declared the participant in an order's placement that has filed the bid complying with all the requirements established in a notice of making the call for bids and in which the lowest price of commodities, works and services is indicated. When several participants in an order's placement bid for the lowest price of commodities, works and services, the winner of the call for bids shall be declared the participant in the order's placement whose bid is received before those of other participants in the order's placement.
3. The bidding commission shall not consider bids if they do not comply with the requirements established in a notice of making a call for bids or if the price of commodities, works and services offered in bids exceeds the maximum price indicated in a notice of making a call for bids. Deviations of bids for other reasons shall not be allowable.
4. The results of consideration and assessment of bids shall be legalised in the form of a record containing data on the customer, essential terms and conditions of the contract, all participants in the order's placement which have filed bids, on rejected bids with the substantiation of the rejection, a bid for the lowest price of commodities, works and services, data on the winner of a call for bids, on the participant in an order's placement which has offered in the bid the same price as the winner of a call for bids or on the participant in an order's placement whose bid for the contract price contains the best terms and conditions as to the contract price after those offered by the winner of the call for bids. The record of consideration and assessment of bids shall be singed by all members of the bidding commission attending the meeting thereof and by the customer or authorised body, shall be placed on the official site on the day of signing it and shall be published in official prints within five days as of the date of signing. The record of consideration and assessment of bids shall be drawn up in two copies, one of them to be kept by the customer or authorised body. The customer or authorised body within two days as of the date of signing the said record shall transfer to the winner of the call for bids one copy of the record and a draft contract drawn up by way of including thereto the terms of the contract's implementation provided for by a notice of making the call for bids and the price offered by the winner of the call for bids in the bid thereof.
5. Any participant in an order's placement that has filed a bid shall be entitled after publication or insertion of the record of consideration and assessment of bids to send in writing, in particular in the form of an electronic form, to the customer or authorised body a request for explanation of the outcome of consideration and assessment of bids. The customer or authorised body within two days as of the date of receiving such request shall be obliged to give to said participant the appropriate explanations in writing or in the form of an electronic document.
6. If the winner of a call for bids does not present a signed contract to the customer at the time indicated in a notice of making a call for bids, it shall be declared that such winner has evaded making a state or municipal contract.
7. If it is declared that the winner of a call for bids has evaded making a state or municipal contract, the customer shall be entitled to make a claim with court for forcing the winner of the call for bids to make a contract, as well as to repair for the damages caused by the evasion of making the contract, or to make a state or municipal contract with the participant in the order's placement that has offered the same contract price as the winner of the call for bids or, where there is no such participant in the order's placement, with the participant in the order's placement whose bid for the contract price contains the best terms in respect of the contract price after those offered by the winner of the call for bids, if the contract price does not exceed the contract price indicated in a notice of making a call for bids. If the winner of a call for bids declared as evading the conclusion of a contract and the participant in an order's placement whose bid for the contract price contains the best terms as to the contract price after those offered by the winner of the call for bids are the persons which can influence each other's activities, the customer shall not be entitled to make a state or municipal contract with the said participant in the order's placement. In this instance, the customer or authorised body shall be entitled to place the order once more by way of a call for bids.
8. A state or municipal contract shall be made under the terms and conditions provided for by a notice of making a call for bids at the price offered in the winner's bid or in the bid of the participant in the order's placement with which the contract is to be made, if the winner of the call for bids evades making the contract.
9. If the bidding commission rejects all bids, the customer or authorised body shall be entitled to place an order by way of a call for bids once again. With this, the authorised body shall be entitled to change the terms of the contract's implementation.

Chapter 5. Placement of an Order by Way of a Call for Bids for the Purpose of Rendering Humanitarian Aid or of Liquidation of
the Consequences of Emergency Situations of Natural or Man-Made Character

Article 48. Purpose of Preliminary Selection of Participants in an Order's Placement
1. For the purpose of rendering humanitarian aid or liquidation of the consequences of emergency situations of natural or man-made character, an authorised body shall preliminary select the participants in an order's placement whose qualifications comply with the demands raised and which can within the shortest time possible to supply necessary commodities, to carry out works and render services without a pre-payment and (or) with a delay in payment (hereinafter referred to as preliminary selection). On the basis of the results of preliminary selection shall be drawn up a list of suppliers, including preliminary selected participants in an order's placement, for the purpose of placing with them the order to supply the said commodities, carry out works or render services for meeting state or municipal needs by way of making a call for bids.
2. The list of suppliers indicated in Part 1 of this Article shall be subject to annual updating by way of preliminary selection. If before the date of effecting preliminary selection at least one participant in an order's placement remains in the list of suppliers, the list of suppliers shall be subject to updating at latest in forty five days as of the date of excluding from such list the last but one participant in the order's placement.
3. A list of the commodities, works and services required for rendering humanitarian aid or liquidation of the consequences of emergency situations of natural or man-made character shall be established by the Government of the Russian Federation. Where there is a need for the commodities, works and services which are not provided for by such list, orders to supply such commodities, carry out such works and render such services shall be placed in compliance with this Federal Law. With this, if as a result of an act of God there is a need for commodities, works and services that are not provided for by such list, and the use of other ways of order placement is inexpedient because of the loss of time, the order shall be placed with a single supplier (performer, contractor) in compliance with Item 6 of Part 2 of Article 55 of this Federal Law.
4. The preliminary selection shall be effected in the procedure established by this Chapter.

Article 49. Notice of Effecting Preliminary Selection
1. A customer or authorised body at the latest thirty days before the date of expiry of the time period for submission of applications for participation in preliminary selection shall publish in the official print and insert to the official site a notice of effecting the preliminary selection.
2. A customer or authorised body shall be likewise entitled to publish a notice of effecting the preliminary selection in any mass medium, in particular in an electronic form, provided that such publication is not carried out instead of the publication and insertion provided for by Part 1 of this Article.
3. A notice of effecting the preliminary selection must contain the following data:
1) denomination, location, postal address, e-mail address and contact telephone number of the customer or authorised body;
2) source of the order's financing;
3) subject of the state or municipal contract indicating the quantity of commodities to be supplied, the volume of works to be carried out and services to be rendered and their brief descriptions;
4) place, terms and time of supplying commodities, carrying out works and rendering services;
5) necessity of supplying commodities, carrying out works and rendering services within the shortest time possible without a pre-payment and (or) a delay in payment;
6) requirements with respect to participants in an order's placement provided for in compliance with Article 50 of this Federal Law;
7) form of an application for participation in the preliminary selection;
8) place, procedure for, and time of filing applications for participation in the preliminary selection;
9) place, date and time of the preliminary selection.

Article 50. Requirements with Respect to a Participant in an Order's Placement as Regards Participation in the Preliminary Selection
1. The participants in an order's placement complying with the requirements provided for by Part 1 and Item 2 of Part 2 of Article 11 of this Federal Law shall be admitted to participation in the preliminary selection.
2. A customer or authorised body shall not be entitled to advance any additional requirements with respect to participants in an order's placement, except for the requirements specified in Part 1 of this Article.

Article 51. Procedure for Presenting Applications for Participation in the Preliminary Selection
1. Applications for participation in the preliminary selection shall be presented at the time and according to the form indicated in a notice of carrying out the preliminary selection.
2. An application for participation in the preliminary selection must contain the following:
1) data and documents concerning the participant in an order's placement that has presented such application:
a) firm's name (denomination), data on organisational-and-legal form, location, postal address, contact telephone number (for a legal entity), family name, first name, patronymic, passport data, information on the place of residence, contact telephone number (for a natural person);

Federal Law No. 207-FZ of December 31, 2005 amended Subitem (b) of Item 1 of Part 2 of Article 51 of this Federal Law. The amendments shall enter into force from December 31, 2005
See the previous text of the Subitem

b) an excerpt from the Comprehensive State Register of legal entities or a notary-attested copy of such an excerpt (for a legal entity); an excerpt from the Comprehensive State Register of individual entrepreneurs or a notary- attested copy of such an excerpt (for an individual entrepreneur), a properly attested translation into Russian of the documents proving the state registration of a legal entity or the state registration of a natural person as an individual businessman in compliance with the legislation of the appropriate state (for a foreign person;
c) document proving the authority of the person to act on behalf of a participant in an order's placement, where necessary;
2) data on the functional characteristics (consumer properties) and qualitative characteristics of commodities, works and services;
3) copies of the documents proving the compliance of a participant in an order's placement with the requirement established by Item 1 of Part 1 of Article 11 of this Federal Law, if the laws of the Russian Federation establish requirements with respect to the persons engaged in supplying commodities, carrying out works and rendering services and such commodities, works and services constitute the subject of the preliminary selection.
3. It shall not be allowable to demand of a participant in an order's placement other documents, except for those provided for by Part 2 of this Article.
4. Applications for participation in the preliminary selection filed upon expiry of the time period for filing such applications shall not be accepted and shall not be considered by the customer or authorised body.
5. Each application for participation in the preliminary selection filed at the time specified in a notice of carrying out the preliminary selection shall be registered by the customer or authorised body. Upon the request of the participant in an order's placement that has filed such application, the customer or authorised body shall issue a receipt proving such application's coming in with an indication of the date and time of receiving it.

Article 52. Procedure for Carrying Out the Preliminary Selection
1. The bidding commission within ten days as of the date of expiry of the time period for presenting applications for participation in the preliminary selection shall be obliged to consider the presented bids. The bidding commission shall be entitled to demand of the participants in order placement submission within a reasonable time period explanations of provisions of the documents presented by them and explanations of provisions of applications for participation in the preliminary selection. With this, it shall not be allowable to amend applications for participation in the preliminary selection. The bidding commission shall not be entitled to advance additional requirements with respect to participants in an order's placement, as regards the establishment of authenticity of the documents, apart from the requirements established by Part 1 of Article 50 of this Federal Law and other federal laws. It shall not be allowable to change the requirements with respect to participants in an order's placement provided for by the notice of carrying out the preliminary selection.
2. The bidding commission on the basis of the results of considering applications for participation in the preliminary selection shall draw up a list of suppliers and shall decide on the inclusion of, or on the refusal to include, a participant in an order's placement into a list of suppliers.
3. A decision to deny the inclusion of a participant in an order's placement in a list of suppliers shall be rendered if:
1) the participant in the order's placement does not comply with the requirements established by Part 1 of Article 50 of this Federal Law;
2) the documents specified by Part 2 of Article 51 of this Federal Law are not presented in full or wittingly false data are presented;
3) the application for participation in the preliminary selection does not comply with the requirements established by a notice of carrying out the preliminary selection;
4) the participant in an order's placement has been excluded from the list of suppliers which was composed on the basis of the results of the preliminary selection preceding the preliminary selection being carried out.
4. The refusal to include a participant in an order's placement into a list of suppliers for reasons other than those specified in Part 3 of this Article shall not be allowable. With this. the customer, authorised body or bidding commission shall independently check the compliance of the participant in an order's placement with the requirements provided for by Items 2-4 of Part 1 and Item 2 of Part 2 of Article 11 of this Federal Law and shall not be entitled to place upon the participants in an order's placement the duty of proving their compliance with the said requirements.
5. The preliminary selection shall be carried out subject to the provisions of Parts 3-6 of Article 12 of this Federal Law.
6. The results of considering applications for participation in the preliminary selection shall be legalised in the form of a record to be kept by the bidding commission and signed by all members of the bidding commission present and by the customer or authorised body on the day of expiry of the time period for consideration of the documents. The record must contain data on the participants in an order's placement which have filed applications for participation in the preliminary selection and on the decision rendered in respect of the said persons.
The record on the day of expiry of the time period for consideration of applications for participation in the preliminary selection shall be placed on the official site by the customer or authorised body. The customer or authorised body on the following day after the date of signing the record shall send a notice concerning the rendered decisions to the participants in an order's placement which have filed applications or participation in the preliminary selection.
7. A decision of the bidding commission to deny the inclusion of a participant in an order's placement into a list of suppliers may be complained against by such participant in the procedure provided for by this Federal Law.
8. A customer or authorised body shall draw up a list of suppliers in which shall be included the participants in an order's placement in respect of which the decision to include them in the list of suppliers specified in Part 1 of Article 48 of this Federal Law has been rendered. Lists of suppliers shall be drawn up in compliance with the types of commodities, works and services which accordingly can be supplied, carried out and rendered by such participants.
9. In the event of establishing the unreliability of the data contained in the documents provided for by Part 2 of Article 51 of this Federal Law, the customer or authorised body shall be entitled to exclude from the list of suppliers specified in Part 1 of Article 48 of this Federal Law, the participant in an order's placement that has submitted such documents.

Article 53. Specifics of Placing an Order by Way of a Call for Bids for the Purpose of Rendering Humanitarian Aid or Liquidation of Emergency Situations of Natural or Man-Made Character
1. An order shall be placed by way of a call for bids for the purpose of rendering humanitarian aid or liquidation of the consequences of an emergency situation of a natural or man-made character without limiting the price of a state or municipal contract.
2. For the purposes of this Federal Law, humanitarian aid shall mean commodities, works or services supplied, carried out or rendered on a gratuitous basis by the Russian Federation for foreign states, their federal or municipal establishments, international and foreign institutions or non-profit organisations, as well as for foreign natural persons, for the purpose of rendering medical and social aid to poor and socially unprotected groups of the population, as well as to those which have suffered from natural disasters and other emergency situations, for the liquidation of consequences of natural disasters and of other emergency situations.
3. Where it is necessary to render humanitarian aid or to liquidate the consequences of an emergency situation of natural or man-made character, a customer shall send a call for bids to all participants in an order's placement that can supply necessary commodities, carry out works and render services in compliance with the list indicated in Part 1 of Article 48 of this Federal Law.
4. A call for bids may be sent using any communication means, in particular in an electronic form.
5. A call for bids and the bid must comply with the requirements established by Articles 43 and 44 of this Federal Law subject to the specifics established by Part 6 of this Article.
6. In the call for bids shall be specified the quantity of commodities and the volume of works or services required for rendering humanitarian aid or liquidation of the consequences of an emergency situation of natural or man-made character. The maximum contract price shall not be shown in the call for bids. In the bid a participant in an order's placement shall indicate the quantity of commodities, the volume of works or services which he accordingly can supply, carry out or render at the time indicated in a call for bids.
7. Each participant in an order's placement shall only be entitled to file one bid, whose amending shall not be allowed. Holding talks between a customer and a participant in an order's placement in respect of the bid shall not be allowed.
8. A bid may be filed using any communication means, in particular in the form of an electronic document. Upon receiving a bid in the form of an electronic document a customer shall be obliged to confirm the receipt of such bid in writing or in the form of an electronic document.
9. Each bid filed at the time established in a call for bids shall be registered by the customer. Upon the request of the participant in an order's placement that has filed a bid the customer shall issue a receipt that proves the coming in of the bid with an indication of the date and time of its coming in.
10. If at the time specified in a call for bids only one bid is filed, the customer shall make a state or municipal contract with the participant in an order's placement which has filed such bid under the terms specified in the call for bids in the quantity, volume and at the price offered in such bid.
11. If in the bid indicated in Part 10 of this Article there are no data on the quantity of commodities, volume of works or services demanded by the customer, or if upon the expiry of the time period for filing bids no bids are filed, the customer shall be entitled to place an order with the sole supplier (performer, contractor) in compliance with Item 6 of Part 2 of Article 55 of this Federal Law.
12. If when carrying out a call for bids a participant in an order's placement fails twice to file a bid in response to the call for bids, such participant shall be excluded from the list of suppliers provided for by Part 1 of Article 48 of this Federal Law and may not participate in the preliminary selection to be carried out next year for updating the list of suppliers.

Article 54. Consideration and Assessment of Bids for the Purpose of Rendering Humanitarian Aid or Liquidation of Consequences of Emergency Situations of Natural or Man-Made Character
1. The bidding commission shall consider bids in the procedure established by Part 1 of Article 47 of this Federal Law subject to the specifics of this Article.
2. On the basis of the results of considering bids the bidding commission shall decide on the compliance or non-compliance of a bid with the requirements specified in a call for bids. With this, a decision on noncompliance of a bid with such requirements may not be rendered solely on the basis of non-compliance of the quantity of commodities, the volume of works and services indicated in a call for bids with the quantity of commodities, the volume of works and services specified in the bid.
3. On the basis of the results of the consideration and assessment of bids the bidding commission shall assign an ordinal number to each bid as the contract price offered in bids increases. With this, at first ordinal numbers shall be assigned to the bids in which at least thirty per cent of the quantity of commodities, the volume of works and services indicated in a notice of making the call for bids are provided for. The first number shall be assigned to the bids which provide for at least thirty per cent of the quantity of commodities, the volume of works and services specified in a notice of making a call for bids (if there are bids in which at least thirty per cent of the quantity of commodities, the volume of works or services specified in the call for bids are provided for) and which offer the lowest contract price. If the offered contract prices contained in bids coincide, the first number shall be assigned to the bid that has been received by the customer before the rest of the bids.
4. The results of the consideration and assessment of bids shall be legalised in the form of a record that must contain data on the customer, on the essential contract terms, a list of bids according to the ordinal numbers assigned to them, and data on all the participants in an order's placement that have filed bids. The record shall be signed by members of the bidding commission and by the customer on the day of consideration and assessment of bids and shall be placed on the official site. A customer shall be obliged within three days as of the date of signing the record of consideration and assessment of bids to send in writing or in the form of an electronic document to the winner of a call for bids, as well as to other participants in an order's placement, a notice of the results of consideration and assessment of the bids. As the winner of a call for bids shall be declared the participant in an order's placement whose bid the first number has been assigned to.
5. A state or municipal contract shall be made with the winner of a call for bids under the terms provided for by the call for bids to supply commodities, carry out works and render services in the quantity, volume and at the price offered by such bid.
6. If the winner of a call for bids is not able to execute an order in full, the customer shall also place the order with the participant in the order's placement whose bid the next ordinal number in ascending order is assigned to, under the terms provided for by the call for bids to supply commodities, carry out works and render services in the quantity, volume and at the price that are offered in such bid.
7. If after making a contract in compliance with Parts 5 and 6 of this Article the quantity of commodities, volume of works or services under such contract is less than the quantity of commodities, the volume of works and services required by the customer, the customer shall place an order to supply the deficient part of the commodities, of the volume of works or services with a single supplier in compliance with Part 6 of Part 2 of Article 55 of this Federal Law.

Chapter 6. Placement of an Order with a Single Supplier (Performer, Contractor)

Article 55. Instances of Placing an order with a Single Supplier (Performer, Contractor)
1. Placement of an order with a single supplier (performer, contractor) shall mean the way of placing an order when a customer offers to make a state or municipal contract to only one supplier (performer, contractor).
2. A customer shall place an order with a single supplier (performer, contactor), if:
1) supplying the commodities, carrying out the works and rendering the services pertain to the scope of activities of natural monopolies in compliance with Federal Law No. 147-FZ of August 17, 1995 on Natural Monopolies;
2) water supply services and water drainage services are rendered under the terms of natural monopolies;
3) cultural values are supplied, including museum articles and museum collections, as well as rare and precious editions, manuscripts, archival documents, including copies of historical, artistic or other cultural value protected by the state as historical and cultural monuments and intended for replenishment of the state museum, library and archival stocks, cinematographic stock, photo stock and other similar stocks;
4) work aimed at maintaining mobilisation capacity is being carried out;

Federal Law No. 207-FZ of December 31, 2005 reworded Item 5 of Part 2 of Article 55 of this Federal Law. The new wording shall enter into force from December 31, 2005
See the previous text of the Subitem

5) a need has arisen for the works or services whose performance or provision can be effectuated only by executive governmental bodies in accordance with their powers or by the state institutions, state unitary enterprises which are controlled by them;
6) there is a need for certain commodities, works or services as a result of an act of God and in view of it application of other ways of orders' placement is inexpedient. With this, the customer at the latest within one working day as of the date of making a contract shall be obliged to notify the federal executive body (when placing an order to supply commodities, carry out works and render services for meeting federal needs), the executive body of a constituent entity of the Russian Federation (when placing an order to supply commodities, to carry out works and render services for meeting needs of a constituent entity of the Russian Federation) or a local self-government body ( when placing an order to supply commodities, carry out works and render services for meeting needs of a municipal establishment) authorised to exercise control in respect of orders' placement;
7) commodities are manufactured, works are carried out and services are rendered by institutions of the criminal execution system in the instances provided for by the Government of the Russian Federation;
8) only one application for participation in a tender, one application for participation in an auction or one bid is submitted in compliance with Part 12 of Article 25, Part 12 of Article 35, Part 6 of Article 46, Part 10 of Article 53 of this Federal Law;
9) only one participant in an order's placement that has filed an application for participation in a tender or an application for participation in an auction is declared a tender participant or auction participant in compliance with Part 5 of Article 27, Part 6 of Article 36 of this Federal Law;
10) there is only one auction participant in compliance with Part 13 of Article 27 of this Federal Law;
11) a tender or auction is declared frustrated or a state or municipal contract is not made in compliance with Part 1 of Article 31 and Part 1 of Article 40 of this Federal Law.

Federal Law No. 142-FZ of July 27, 2006 supplemented part 2 of 55 Article 9 of this Federal Law with Item 12. The Item shall enter into force from January 1, 2007

Federal Law No. 142-FZ of July 27, 2006 supplemented this Federal Law with Article 55.1. The Article shall enter into force from January 1, 2007

Chapter 7. Placement of an Order to Supply Exchange Commodities for Meeting State or Municipal Needs at Commodity Exchanges

Article 56. Placement of an Order to Supply Exchange Commodities for Meeting State or Municipal Needs at Commodity Exchanges
1. Orders to supply exchange commodities for meeting state or municipal needs to the amount exceeding five million roubles shall be placed at commodity exchanges.
2. A procedure for placing orders to supply exchange commodities for meeting state or municipal needs at commodity exchanges shall be established by the Government of the Russian Federation.
3. The subject of a state or municipal contract made by a customer with a participant in exchange trade in the course of exchange sales shall be supplies of exchange commodities. The specifics of making a state or municipal contract in the course of exchange sales shall be determined by the Civil Code of the Russian Federation, the legislation of the Russian Federation concerning commodity exchanges and exchange trade and the requirements with respect to making state or municipal contracts established by this Federal Law.

Chapter 8. Ensuring Protection of the Rights and Legitimate Interests of Participants in Order Placement

Article 57. Complaining against Actions (Omission to Act) of a Customer, Authorised Body, Specialised Organisation, Tender, Auction or Bidding Commissions
1. Any participant in an order's placement shall be entitled to complain judicially, as well as in the procedure provided for by this Chapter, against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions if such actions (omission to act) violate the rights and legitimate interests of the participant in the order's placement. Complaining against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions in the procedure provided for by this Chapter shall not be an obstacle to appealing judicially against the actions (omission to act) of the customer, authorised body, specialised organisation, tender, auction or bidding commission.
2. Complaining against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commission in the procedure provided for by this Chapter shall be allowable at any time of an order's placement but at the latest in ten days as of the date of signing the record of assessment and comparison of applications for participation in a tender, as of the date of holding an auction and as of the date of consideration and assessment of bids. Upon the expiry of the said time period actions (omission to act) of a customer, authorised body, tender, auction or bidding commission shall be only appealed against judicially.
3. Placement of an order can be declared invalid on the basis of a claim made by a person concerned or on the basis of a claim made by the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of orders' placement, solely by court.
4. A participant in an order's placement shall be entitled to file a complaint in writing against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commission, while supplying commodities, carrying out works and rendering services for meeting federal needs, with the federal executive body authorised to exercise control in respect of order placement.
5. A participant in an order's placement shall be entitled to file in writing an complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commission, while placing an order for meeting the needs of a constituent entity of the Russian Federation, with the federal executive body authorised to exercise control in respect of order placement or with the executive body of a constituent entity of the Russian Federation authorised to exercise control in respect of orders' placement. A participant in an order placement shall be entitled to file in writing an complaint against the actions (omission to act) of a customer, authorised body, specialized organisation, tender, auction or bidding commission while placing an order for meeting municipal needs, with the federal executive body authorised to exercise control in respect of orders' placement or with the local self-government body authorised to exercise control in respect of orders' placement.
6. When filing a complaint against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commission in compliance with Parts 4 and 5 of this Article, a participant in an order's placement shall send a copy of the complaint accordingly to the customer, authorised body, specialised organisation, tender, auction or bidding commissions whose actions (omission to act) are complained against.

Article 58. Contents of a Complaint against the Actions (Omission to Act) of a Customer, Authorised Body, Specialised Organisation, Tender, Auction or Bidding Commissions
1. A complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions must contain the following:
1) denomination of the customer, authorised body, specialised organisation tender, auction or bidding commissions whose actions (omission to act) are complained against;
2) denomination, data on the location (for a legal entity), family name, first name, patronymic, data on the place of residence ( for a natural person) of the participant in an order's placement that has filed the complaint, postal address, e-mail address, contact telephone and fax numbers;
3) reference to the order to be placed;
4) reference to the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions complained against and reasons of the complaint.
2. The participant in an order's placement that has filed a complaint against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be obliged to attach thereto the documents proving the reasonableness of the complaint's arguments. In this instance, a complaint must contain a full list of the documents attached thereto.
3. A complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be signed by the participant in an order's placement filing such complaint or by a representative thereof. If the representative of a participant in an order's placement files a complaint, the letter of attorney or other document proving his authority to sign the complaint must be attached to the complaint.

Article 59. Return of a Complaint against Actions (Omission to Act) of a Customer, Authorised Body, Specialised Organisation, Tender, Auction or Bidding Commissions
1. A complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be returned to the participant in an order's placement in the following instances:
1) the complaint does not contain the data provided for by Part 1 of Article 58 of this Federal Law;
2) the complaint is not signed or is signed by the person whose authority is not proved by documents;
3) the complaint is filed upon expiry of the time period specified in Part 2 of Article 57 of this Federal Law;
4) a complaint against the same actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions is taken over by a court and a court decision in respect of it is rendered;
5) the complaint is filed in defiance of the requirements provided for by Parts 4 or 5 of Article 57 of this Federal Law.
2. A decision to return a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions must be rendered at the latest in two working days as of the date of such complaint's coming in.
3. The bodies provided for by Parts 4 and 5 of Article 57 of this Federal Law shall be obliged on the day of rendering a decision to return a complaint to notify in writing the participant in an order's placement, that has filed the complaint, of the rendered decision indicating the reasons for the complaint's return.
4. A decision to return a complaint may be appealed against judicially.

Article 60. Consideration of a Complaint against the Actions (Omission to Act) of a Customer, Authorised Body, Specialised Organisation, Tender, Auction or Bidding Commissions
1. After filing a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions and taking it over the federal executive body, the executive body of a constituent entity of the Russian Federation or local self-government body authorised to exercise control in respect of order placement shall send to all participants in an order's placement concerned within one day after the date of the complaint's coming in a notice of the complaint's contents, anf shall notify the participant in the order's placement, the customer, authorised body, specialised organisation, tender, auction or bidding commissions, whose actions (omission to act) are complained against of the time and place of such complaint's consideration.
2. The participants in an order's placement whose rights and legitimate interests are directly infringed as a result of consideration of a complaint against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be entitled to send to the bodies indicated in Part 1 of this Article their appeal to the complaint and to participate personally or through representatives thereof in the consideration of the complaint. An appeal to a complaint must contain the data specified in Part 1 of Article 58 of this Federal Law. An appeal to a complaint shall be send to the body indicated in Part 1 of this Article at the latest two working days before the date of the complaint's consideration.
3. The bodies specified in Part 1 of this Article shall be obliged to consider a complaint and a rejoinder to the complaint within five calendar days as of the date of the complaint's coming in and to notify the participant in an order's placement that has filed the complaint and the persons that have filed the appeal to the complaint of the results of such consideration. With this, the said bodies shall be entitled to send to the customer, authorised body, specialised organisation, tender, auction or bidding commissions and to the participant in an order's placement that has filed the complaint a request for providing the data and documents required for the complaint's consideration.
4. The bodies indicated in Part 1 of this Article shall be entitled to suspend placement of an order pending consideration of a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions on its merits and to send to the customer, authorised body, specialised organisation, tender, auction or bidding commissions a demand in writing to suspend the order's placement pending consideration of the complaint on its merits to be followed by them without fail.
5. A customer shall not be entitled to make a state or municipal contract before consideration of a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions by the bodies indicated in Part 1 of this Article. With this, the time period established for making a contract shall be subject to extension by the time period for consideration of the complaint on its merits.
6. On the basis of the results of considering a complaint the bodies indicated in Part 1 of this Article shall decide on sending the proposals and issuing the orders provided for by Parts 8 and 10 of Article 17 of this Federal Law on committing the actions provided for by Part 9 of Article 17 of this Federal Law or on declaring a complaint of a participant in an order's placement unreasonable.
7. If the federal executive body authorised to exercise control in respect of orders' placement, the executive body of a constituent entity of the Russian Federation or the local self-government body authorised to exercise control in respect of order placement have considered complaints against the same actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions, it is the decision rendered by the federal executive body authorised to exercise control in respect of orders' placement that shall be executed.
8. The bodies indicated in Part 1 of this Article within two days as of the date of rendering the decisions provided for by Part 6 of this Article shall send to the participant in an order's placement that has filed a complaint against actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions, to the participants in the order's placement that have sent an appeal to the complaint, as well as to the customer, authorised body, specialised organisation, tender, auction or bidding commissions whose actions (omission to act) are complained against a notice concerning the rendered decision with a substantiation thereof.
9. The decision rendered on the basis of the results of considering a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions may be complained against judicially within three months as of the date of its rendering.

Article 61. Withdrawal of a Complaint against the Actions (Omission to Act) of a Customer, Authorised Body, Specialised Organisation, Tender, Auction or Bidding Commissions
1. The participant in an order's placement that has filed a complaint against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be entitled to withdraw it before the termination of the time period for considering the complaint on its merits. The participant in an order's placement that has withdrawn the complaint filed by him shall not be entitled to file a repeated complaint against the same actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions in the procedure provided for by this Chapter.
2. The bodies indicated in Part 1 of Article 60 of this Federal Law within one working day as of the date of withdrawing an appeal against the actions (omission to act) of a customer, authorised body, specialised organisation, tender, auction or bidding commissions shall be obliged to send to the participants in an order's placement that have send an appeal to the appeal specified in Part 2 of Article 60 of this Federal Law, as well as to the customer, authorised body, specialised organisation, tender, auction or bidding commissions whose actions (omission to act) are complained of a notice of the complaint's withdrawal.

Article 62. Liability for Violations of the Legislation of the Russian Federation and of Other Normative Legal Acts of the Russian Federation Concerning Orders' Placement
The persons guilty of violations of the legislation of the Russian Federation and of other normative legal acts of the Russian Federation concerning placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs shall bear disciplinary, civil law, administrative and criminal liability in compliance with the legislation of the Russian Federation,

Chapter 9. Entry of this Federal Law into Force and Transitional Provisions

Article 63. Entry of this Federal Law into Force
This Federal Law shall enter into force as of January 1, 2006.

Federal Law No. 207-FZ of December 31, 2005 reworded Article 64 of this Federal Law. The new wording shall enter into force from December 31, 2005
See the previous text of the Article

Article 64. The Effect of the Present Federal Law over Time
1. The present Federal Law is applicable to the relations connected to the placement of an order for the delivery of goods, performance of works, and provision of services for state or municipal need, such relations having come into being after the entry into force of the Federal Law. The relations connected to the placement of an order for the delivery of goods, performance of works, provision of services for state or municipal needs - such relations having come into being before the entry into force of the present Federal Law - shall be subject to the present Federal Law in as far as it concerns the rights and responsibilities that emerge after it comes into force.
2. If a notice of a forthcoming tender for the placement of an order for the delivery of goods, performance of works, provision of services for state or municipal needs is published before January 1, 2006 the tender shall be conducted and its results shall be summed up in the procedure that had been effective before the entry into force of the present Federal Law.

Article 65. Transitional Provisions
1. As of the date of this Federal Law's entry into force, Federal Law No. 97-FZ of May 6, 1999 on Tenders for Placement of Orders to Supply Commodities, Carry Out Works and Render Services for Meeting State or Municipal Needs (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 19, Article 2302) shall be declared Invalidated.
2. As of the date of this Federal Law's entry into force, other federal laws adopted prior to its entry into force and providing for a procedure for placement of state or municipal orders to supply commodities, carry out works and render services for meeting state or municipal needs shall apply, in so far as they do no contravene this Federal Law.
3. Prior to establishing by the Government of the Russian Federation lists of the commodities, works and services for which orders to accordingly supply, carry out and render them are placed by way of holding an auction, a decision on the form of sales shall be rendered by a customer independently subject to the provisions of this Federal Law, laws and other normative legal acts of the constituent entities of the Russian Federation and normative legal acts of local self-government bodies, in so far as they do not contravene this Federal Law.
4. Prior to establishing by the Government of the Russian Federation a procedure for using official sites and of requirements with respect to engineering, software, linguistic, legal and organisational means of ensuring the use of the said sites, such procedure and requirements shall be established in compliance with this Federal Law by normative legal acts of the constituent entities of the Russian Federation.
5. Prior to establishing by the Government of the Russian Federation a procedure for keeping registers of contracts and requirements with respect to engineering, software, linguistic, legal and organisational means of ensuring the use of the official sites where the said registers are to be located, such procedure and requirements shall be established in compliance with this Federal Law by normative legal acts of the constituent entities of the Russian Federation.
6. Prior to establishing by the Government of the Russian Federation a procedure for keeping a register of unfair suppliers and requirements to engineering, software, linguistic, legal and organisational means to ensure keeping of a register of unfair suppliers, the executive bodies of the constituent entities of the Russian Federation shall be entitled to keep a register of unfair suppliers. With this, a procedure for keeping the register of unfair suppliers and requirements with respect to engineering, software, linguistic, legal and organisational means to ensure keeping the register of unfair suppliers shall be established in compliance with this Federal Law by the normative legal acts of the constituent entities of the Russian Federation. The data contained in the register of unfair suppliers kept by a constituent entity of the Russian Federation shall be subject to transfer on a gratuitous basis to the federal executive body authorised to exercise control in respect of order placement within thirty days after establishing by the Government of the Russian Federation a procedure for keeping a register of unfair suppliers and requirements with respect to engineering, software, linguistic, legal and organisational means to ensure keeping the register of unfair suppliers.
7. Prior to establishing by the Government of the Russian Federation a procedure for assessing applications for participation in a tender for placement of an order to supply certain types of commodities, to carry out certain types of works and render certain types of services for meeting state or municipal needs, a procedure for assessment of applications for participation in a tender shall be established by a customer in compliance with this Federal Law by the normative legal acts of the constituent entities of the Russian Federation and local self-government bodies, in so far as they do not contravene this Federal Law, or, in the absence of such normative legal acts of the constituent entities of the Russian Federation, independently in compliance with this Federal Law. With this, a customer in a notice of holding a public tender, in an invitation to take part in a public tender and in tender documentation must establish the criteria provided for by this Federal Law and values thereof.
8. Prior to establishing by the Government of the Russian Federation a procedure for using the Internet sites where public tenders in an electronic form are held and requirements with respect to engineering, software, linguistic, legal and organisational means of ensuring the use of the said sites, as well as to the systems which ensure the holding of public auctions in an electronic form, the said procedure and requirements shall be established in compliance with normative legal acts of the constituent entities of the Russian Federation and of local self-government bodies, in so far as they do not contravene this Federal Law, or, in the absence of such acts, independently.

President of the Russian Federation V. Putin

The Kremlin, Moscow
July 21, 2005
No. 94-FZ

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FEDERAL LAW NO. 94-FZ of July 21, 2005 «On Placement of Orders to Supply Goods, Carry out Works and Render Services for Meeting State and Municipal Needs (non-official translation)