Okpd 2 electricity. Electricity. Standard contracts for the purchase of cars, paper, lighting, refrigeration, ventilation and other equipment have come into force

12 Feb. 2020

In a letter dated February 11, 2020. No. 24-01-08/9109, the ministry explained the use of IKZ in small procurement plans. Order of the Ministry of Finance of Russia dated April 10, 2019 N 55n approved the Procedure for the formation identification code procurement (hereinafter referred to as the Procedure), which weighs...

The procedure for determining the NMCC for work in the field of urban planning has been approved

11 Feb. 2020

Previously, we reported that the Russian Ministry of Construction had prepared a draft order establishing the procedure for determining the initial (maximum) contract price when making purchases in the field of urban planning activities(hereinafter referred to as the Procedure).02/04/2020 on the official...

The next amendments to 44-FZ are being prepared

21 Jan 2020

This time not as global as the changes made Federal law from December 27, 2019 No. 449-FZ, but aimed at the development of the Russian market of radio-electronic products. In the posted project it is planned to part 1 of Article 93 of the Federal Law...

Cases when it is possible to establish additional requirements under Resolution No. 99 expanded to include work on the maintenance of medical equipment

20 Jan. 2020

By Decree of the Government of the Russian Federation of December 27, 2019 N 1922, Appendix No. 1 to Decree of the Government of the Russian Federation of 02/04/2015 N 99 was amended. Appendix No. 1 was supplemented with one basis for the application of additional requirements to procurement participants. Ta...

Changes in the field of procurement in 2020, taking into account Federal Law No. 449-FZ of December 27, 2019

8 Jan 2020

At the end of the outgoing year, traditionally, the President of the Russian Federation signs another law amending the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated April 5, 2013...

Decree of the Government of the Russian Federation No. 1746 established a ban on the purchase of foreign storage devices

27 Dec 2019

December 26, 2019 Resolution of the Government of the Russian Federation No. 1746 (hereinafter referred to as the Resolution) is posted on the official website. The resolution was adopted to ensure the security of critical information infrastructure Russian Federation, including used...

The ban on the purchase of foreign furniture has expired

15 Dec. 2019

In accordance with Article 14 of Federal Law No. 44-FZ, the Government established a ban on admission individual species goods of the furniture and woodworking industry originating from foreign countries. In accordance with Part 1 of the Resolution of the Government...

The restriction on the purchase of stents for coronary arteries and catheters has expired

15 Dec. 2019

12/14/2019 The Decree of the Government of the Russian Federation of December 4, 2017 has become invalid. No. 1469 "On the restrictions and conditions of admission of bare metal stents for coronary arteries, stents for coronary arteries that release medicine(including...

Standard contracts for the purchase of cars, paper, lighting, refrigeration, ventilation and other equipment have come into force

2 Dec. 2019

In order to bring the text of standard contracts approved by Order of the Ministry of Industry and Trade of Russia dated March 12, 2018 No. 716 (hereinafter referred to as Order No. 716) into compliance with current legislation on the basis of Order of the Ministry of Industry and Trade of Russia dated March 23, 2019 No. 998...

The Russian Ministry of Finance has adjusted the procedure for generating a procurement identification code

17 Nov 2019

In order to bring the Procedure for the formation of a procurement identification code (hereinafter referred to as the Procedure) approved by Order of the Ministry of Finance of Russia dated April 10, 2019 No. 55n in accordance with the planning procedure, which will begin to operate in 2020 by the Ministry of Finance of Russia...

Transcript

1 object Position code Designation Confirmed object according to the defining requirement OK normative defining [OKP] / document normative OK document [OKPD 2] Electric energy Electric energy in / GOST Pp, electrical networks general purpose alternating three-phase and single-phase current with a frequency of 50 Hz 0251 Light petroleum products. Alternative views fuel Ethanol motor / GOST R P. 4.1 fuel for automobile engines with forced ignition. Benzanols 0255 Solid hydrocarbons (petroleum and shale) Petroleum paraffins / GOST P. 1.3 solid (except for grades T-1, T-2, T-3, C) 0271 Natural flammable gas and supplied to main gas pipelines, artificial gas, gas condensate, helium Natural fuel gas / GOST P. 3.2, table. 1 compressed for (indicators 4, 5) internal combustion engines 0272 Gas from oil refining and pyrolysis, products of gas processing plants 1 This document takes into account changes to the Decree of the Government of the Russian Federation from, introduced by Decrees of the Government of the Russian Federation from, from, from, from, from, from, from , from, from, from, from, from, from, from, from, from, from, from, from, from)

2 Hydrocarbon gases / GOST P, table. 2 liquefied fuel for (indicators 3, 4, 6) municipal consumption Hydrocarbon gases, GOST R P. 4.2, table. 2 liquefied fuel / (indicators 3, 4, 6), Hydrocarbon gases / GOST P, table. 2 liquefied for, (indicators 3, 4) road transport 1250 Steel ropes Steel ropes / GOST Pp, (in terms of the permissible run-up of the temporary tensile strength of wires taken from the rope), Closed steel ropes GOST Pp. 1.11, lifting / Closed load-bearing ropes GOST Clauses. 1.13, 1.15, 1.16, / , Pipes and pipeline parts made of thermoplastics Polyethylene pipes / GOST Table. 5, clause 5.1 pressure and for gas pipelines GOST R Table. 3, clause 5.2.1, (ISO 4437:2007) 2296 Fiberglass Reinforced containers / GOST R Sec. 5 fiberglass, for compressed and liquefied gases 2514 Products from latexes and adhesives Rubber condoms / GOST pp. 2.2, 2.4 (in part

3 absence of external defects), 2.5, 2.7, Braided sleeves High rubber sleeves / GOST pp. 1.3 (internal and pressure with metal outside diameter, non-reinforced braids, outer diameter along the upper metal braid), 1.5, Conveyor (conveyor) belts Rubber conveyor belts / GOST P. 2.19, table. 7, pp. 1- fabric for mining equipment 3140 Mining equipment Normal mine electrical equipment Electrical equipment from 27 2 GOST Standard in general mine normal GOST Standard in general GOST Standard in general Power cables for non-stationary installation Power cables for / GOST Pp, 2.2.8, non-stationary gaskets, 2.3.1, 2.3.2, for voltages above 1 kV 2.3.3, 2.4.1, 2.4.5a, 2.5.4, Devices for non-destructive quality control of materials and products Means, systems and / GOST Standard in general radiation non-destructive devices control Air conditioning equipment 2 specific code according to OKPD 2 is determined based on the description and purpose of the specific product

4 Filters for cleaning / GOST pp. 2.1, 2.3, 5.2 air GOST Standard as a whole GOST Standard as a whole GOST R EN Standard as a whole (5730, 5740) 2523 Cement (name classified according to 4 digits of OKP and HS) Portland cement, aluminous cement, slag cement, supersulfate cement and similar hydraulic cements, unpainted or colored, ready-made or in the form of clinkers / GOST Standard as a whole / GOST Standard as a whole / GOST Standard as a whole / GOST Standard as a whole from / GOST Standard as a whole from GOST Standard as a whole GOST Standard as a whole (up to ) GOST Standard as a whole / (from year) from GOST R Standard as a whole GOST Standard as a whole GOST R Standard as a whole

5 / GOST Standard as a whole from / GOST Standard as a whole / GOST Standard as a whole (up to the year) Standard as a whole GOST (from the year) / GOST Standard as a whole GOST Clause 5.1.4, / (up to the year) GOST P (with g.) GOST P Long-barreled sporting firearms with a rifled barrel (rifles), their main parts and weapons produced only for export in accordance with technical conditions that meet the requirements of importing countries 3 In the case of using clinker for the production of cements with special properties it must satisfy the requirements set out in regulatory document for the corresponding cement with special properties 4 In the case of using clinker for the production of cements with special properties, it must meet the requirements set out in the regulatory document for the corresponding cement with special properties

6 Sports weapons GOST R Section. 4, 5 firearms with a rifled barrel, long-barreled (rifles) and its main parts: - rifles with a caliber over / up to 6 mm inclusive, rifles with a caliber over / up to 7 mm inclusive, rifles with a caliber over / mm Weapons produced in / GOST R Section . 4, 5 in accordance with the technical conditions 7182 Short-barreled sports firearms with a rifled barrel (pistols, revolvers) and their main parts Sports weapons GOST R Section. 4, 5 firearms with a rifled barrel, short-barreled (pistols, revolvers) and its main parts: - sports pistols, / firearms, revolvers of a caliber over / 5 to 7 mm inclusive, revolvers of a caliber over / 7 mm Smooth-bore sporting firearms (guns) and its main parts, cold bladed weapons, throwing sports guns / GOST R Section. 4, 5 smoothbore firearms Sports weapons / GOST R Section. 6, 7 throwing Sports and other hunting weapons, self-defense, service, signal, cold bladed hunting and other sports weapons GOST R Section. 3, 4 pneumatic: rifles and shotguns, / sports pneumatic,

7 - sports rifles, / gas cylinders, pistols and revolvers, / sports gas cylinders, sports pistols / pneumatic Self-defense weapons: GOST R Section. 4, 5 - barrelless firearm,/ firearm,/ GOST R Section. 4, 5 smooth-bore long-barreled; - pistols and revolvers, / GOST R Section. 3, 4 gas; mechanical sprayers, / GOST R Section. 3, 4 aerosol and other devices equipped with GOST R Section. 4, 5 tear and irritant substances; - electroshock devices / GOST R Section. 3, 5 and spark gaps Service weapons and theirs / GOST R Section. 4, 5 main parts Signal weapons / GOST R Section. 4, Hunting cold weapons / GOST R Section. 4-9, 11 bladed bladed weapons: / GOST R Section. 4-7, 9 - survival knives, cold blade GOST R Section. 4-7 weapons intended to be worn with a Cossack uniform, as well as with the national costumes of the peoples of the Russian Federation, - sports 7185 Hunting firearms with a rifled barrel, combined rifled and smooth-bore (carbines and shotguns) and its main parts

8 Hunting weapons GOST R Section. 4, 5 firearms with a rifled barrel, combined rifled and smooth-bore (carbines and shotguns) and its main parts: - carbines over 5 to 6 mm / inclusive carbines over 6 to 7 mm / inclusive carbines over 7 mm / single-barreled shotguns with / rifled barrel double-barreled / rifled and combined multi-barrel shotguns / combined multi-barrel shotguns with / rifled barrel Single-barreled smooth-bore hunting firearms (carbines and shotguns) and their main parts, pneumatic weapons Hunting weapons GOST R Section. 4, 5 smooth-bore firearms (carbines and shotguns) and its main parts: - carbines and shotguns / single-barrel up to 28 caliber inclusive - carbines and shotguns / single-barrel over 28 up to and including caliber - carbines and shotguns / single-barrel over caliber Hunting weapons / GOST R Section . 3, 4 pneumatic

9 7187 Smooth-bore double-barreled hunting firearms (guns) and their main parts Hunting weapons GOST R Section. 4, 5 smooth-bore double-barreled firearms (shotguns) and its main parts: / - double-barreled shotguns up to caliber inclusive, - double-barreled shotguns above / 28 to 16 caliber inclusive, - double-barreled shotguns above / 16 caliber, double-barreled shotguns with / barrels of different calibers Firearms production means and products structurally similar to weapons Devices / GOST R Section. 4, 5 construction, installation and rescue using a powder charge Products structurally / GOST R Section. 4-7, 9 similar to bladed weapons: GOST R Section. 4-7, 9 - tourist and special sports knives, - cutting and skinning knives Decorative products and / GOST R Section. 4-6 souvenirs similar in external structure to edged or throwing weapons Products structurally / GOST R Section. 4, 5 similar to firearms 7272 Cartridges for civilian and service weapons, for firearms production and cartridges produced only for export in accordance with technical specifications that meet the requirements of importing countries

10 Cartridges for sports and / GOST R Section. 5, 6 for hunting rifled weapons. Cartridges for sporting and/hunting smooth-bore weapons Cartridges for signal signals / GOST R Section. 4, 5, 7 weapons Cartridges for gas weapons / GOST R Section. 4, 6 self-defense Cartridges for barrelless / GOST R Section. 4, 5, 7, 8 self-defense weapons Cartridges for service, / GOST R Section. 5, 6 weapons Cartridges for firearms production equipment. Test cartridges, / Cartridges produced in accordance with the technical / conditions of the sleeve, including / GOST R Section. 5, 6 encapsulated, for civilian firearms 7399 Specialized equipment and materials Safes, including safes / GOST R Section. 5, 6 deposit and individual GOST R Section GOST R Clauses. 5.2, 5.5.4, section Locking devices, / GOST R Section. 5 (except for clause 5.3) including safe locks and from 25.72, security locks from GOST R Section. 5 designs Individual means / GOST R Section. 5 protection (armored clothing) Vaccines and toxoids used in veterinary medicine Bacterial vaccines / GOST R Section. 4, 5 live preventive GOST Section. 14,

11 GOST Section 1, GOST Section ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / GOST Section. 1 inactivated preventive GOST Section GOST Section. 1, GOST Section ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / ND Document generally preventive / 1062 associated Veterinary drugs. Quality indicators. Requirements and standards Bacterial vaccines / ND Other preventive document / 1062 Veterinary drugs. Quality indicators. Requirements and standards Viral vaccines / GOST Section. 1 preventive

12 cultural ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Viral vaccines / ND Document generally preventive / 1062 inactivated Veterinary drugs. Quality indicators. Requirements and standards GOST Section. 4.p. Viral vaccines / GOST pp., Section. 4 preventive live GOST Section. 3.1, p GOST R Sec. 4, p ND Document as a whole 2/1062 Veterinary drugs. Quality indicators. Requirements and standards Anatoxins / ND Document as a whole / 1062 Veterinary drugs. Quality indicators. Requirements and standards 9615 Equipment for sports games Goals for football / GOST R P Goals for mini-football / GOST R P Goals for handball / GOST R P. 3.2

13 Goals for field hockey / GOST R P Mechanized attractions of forward motion, including using water Katalnye Gory / GOST ISO Standard in general, 5.4.3, 5.9.3, 5.9.7, 5.11, section 6, appendices A, B, D, E Free fall towers, 5.9.3, 5.11, section 6, appendices A, B, D, E Water slides on / boats or rafts, 5.5, 5.6, 5.8.4, 5.8.6, 5.8.7 , 5.9.3, 5.9.7, 5.11, section 6, appendix E GOST ISO Standard in general Catapults, 5.5, 5.6, 5.7, 5.8.7, 5.11, section 6, appendices A, B, E, E GOST ISO Standard in in general

14 Railways for parks / , 5.8.8, section 6, appendix E Monorails for / parks, 5.11, section 6, appendix E Mechanized rotational rides Ferris wheels / GOST ISO Standard in general, 5.9.2, 5.9.7, 5.11, section 6, appendices E, E Swings GOST ISO Standard as a whole, 5.9.2, 5.11, section 6, appendices A, E Carousels / GOST ISO Standard as a whole, 5.9.1, 5.9.7, 5.11, section 6, appendices D. 2, G.5, E Mechanized attractions with complex movement

15 C translational / GOST ISO Standard in general rotational movement, 5.9.1, 5.9.7, 5.11, section 6, appendices A, D.4, D.5, E, E Motorized cinema seats (X-D, 5.6.4, 5.8 .3, 5.8.4, cinemas) 5.8.5, 5.9.7, 5.11, section 6, appendices D.4, E Simulators GOST ISO Standard in general, 5.9.1, 5.11, section 6, appendices A, E Amusement rides based on GOST ISO Standard for general industrial robots, 5.5, 5.6, 5.8.4, 5.8.5, 5.8.6, 5.8.7, 5.9.1, 5.9.7, 5.11, section 6, appendices A, B, D, E Autodromes and go-karts Autodromes / GOST ISO Standard in general GOST IEC Standard in general

16 GOST R Section 4, clauses 5.1, 5.2, Appendix D.12 Automobiles or road trains GOST R Section 4, clauses 5.1, 5.2, recreational vehicles for parks, 5.8.5, 5.8.8, 5.8.9, 5.11, section 6 Kart slides GOST R Section 4, paragraphs. 5.1, 5.2, 5.4, 5.5, 5.6, 5.7, 5.8, 5.11, section 6, appendix D 1.1 Expressways with mini GOST R Section 4, pp. 5.1, 5.2, cars or maps, 5.4, 5.5, 5.6, 5.7, 5.8, 5.11, section Accessories for sport hunting, sports and recreational fishing Bladed throwing weapons / Federal Forensic weapons: knives law requirements for “On Weapons” bladed, throwing weapons and products structurally similar to such weapons


INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS 1 Name

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS 1 Name

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS 1 Name

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS 1 Name

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS 1 Name

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION) IN THE P CERTIFICATION SYSTEM, INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION OF CONFORMITY (IN THE FORM OF MANDATORY CERTIFICATION), INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY REQUIREMENTS FOR PRODUCTS,

INFORMATION ABOUT PRODUCTS SUBJECT TO MANDATORY CONFIRMATION (IN THE FORM OF MANDATORY CERTIFICATION) IN THE CERTIFICATION SYSTEM, INDICATING REGULATIVE DOCUMENTS ESTABLISHING MANDATORY

International legislation Legislation of the Customs Union Regulatory and other regulations RF List of goods (explanations for goods) indicating product codes according to the Product Nomenclature

UDC 342 (094.4) BBK 67.401.213 F 32 Dear readers, if you have a defective copy in your hands or have any other claims against the publisher, please contact hotline 411-68-99 to the person in charge

DK 342(094.4) K 67.401.213 32, sch 411-68-99 32 a. -: 2015. -: E, 2015. 96. (). sch 13 1996-150-Z, 21 1998. 814 “-”. 2015. DK 342(094.4) BBK 67.401.213 О

1 Unified list of products subject to mandatory certification in accordance with the legislation of the Russian Federation on technical regulation (approved by the Decree of the Government of the Russian Federation

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Firearms of limited destruction The Federal Law “On Weapons” has been amended to introduce new category weapons firearms of limited destruction, including

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We are state owned budgetary institution, we work according to 44 Federal Laws. What is the correct OKPD Code 2 for the schedule plan for the provision of energy supply services to the State Budgetary Institution? Is it correct to choose OKPD code 2 - 35.14.10.000 - electricity trading services, or 35.11., Electricity, or 35.12. Services for electricity transmission and technological connection to distribution networks, or 35.13. Electricity distribution services.

Answer

In order to select OKPD2, you need to decide on the object of purchase and the method in which you will carry out this purchase.

If you are purchasing under clause 1 of part 1 of Article 93 of Law No. 44-FZ - transmission of electricity, OKPD2 35.12.10.120 “Services for technological connection to electrical distribution networks” may be suitable. If, according to clause 29 of part 1 of Article 93 of Law No. 44-FZ, it is the sale of electricity, then OKPD2 35.14.10.000 “Electricity trading services” may be suitable.

If you indicate the wrong code, you will limit competition or choose the wrong procurement method. In this case, the employee contract service will pay a fine of 30,000 rubles. (Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation).

The rationale for this position is given below in the materials of the State Order System

How to purchase public utilities and pay for the maintenance of the premises

Law No. 44-FZ allows you to purchase water, heat, electricity, gas from sole supplier. Purchasing utilities through competitive means is often pointless, since the services are provided by a specific contractor. Both owners and users pay for the maintenance of rented premises. To avoid conflict, stipulate in the contract who will pay utility bills.

We will tell you under what conditions you can buy utilities and how to reimburse the costs of maintaining the premises.

What services are utilities?

What are utilities

When an organization provides utility resources to a customer, it is providing utility services. For example, a heat supply company supplies hot water. This conclusion follows from paragraph 9 of paragraph 2 of the Rules from Government Decree No. 354 of May 6, 2011, hereinafter referred to as Rules No. 354.

Utility resources are provided by contractors, and customers purchase utilities:

Utilities and services are listed in paragraphs 2 and 4 of Regulation No. 354.

How to purchase utilities

How to purchase utilities from a single supplier

Purchase utilities from your utility supplier on one of four bases:

  • purchase from a monopolist;
  • purchasing from an organization that is not a monopoly;
  • procurement for premises for free use and operational management;
  • purchase from a guaranteeing supplier.

The grounds are listed in paragraphs 1, 8, 23 and 29 of part 1 of article 93 of Law No. 44-FZ.

Purchasing utilities from a food supplier:

Purchase from a natural monopoly entity

How to buy utilities under clause 1 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to buy utilities from an organization - a natural monopoly that supplies utility resources to the customer’s premises (Clause 1, Part 1, Article 93 of Law No. 44-FZ).

Purchase services from a natural monopoly:

  • power supply, including connection to electrical networks;
  • heat supply;
  • gas supply;
  • water supply and sanitation using centralized systems, public infrastructure systems.

This conclusion follows from Part 1 of Article 4 of the Law of August 17, 1995 No. 147-FZ and the letter of the Ministry of Economic Development of Russia dated April 28, 2017 No. D28i-2288.

You can check whether an organization is a natural monopoly in the register maintained by the Federal Antimonopoly Service of Russia. However, in order to conclude a contract with a monopolist, information from the register is not required (letter of the FAS Russia dated June 23, 2015 No. ATs/31173/15).

Before concluding a contract, publish a notice in the EIS. The deadline is five calendar days before the date when the parties sign the contract. Do not count the days when you publish the notice and enter into the contract. For example, if you publish a notice on June 9, 2017, then sign the contract no earlier than June 15. This conclusion follows from Part 2 of Article 93 of Law No. 44-FZ, Article 191 of the Civil Code and letter of the Ministry of Economic Development dated December 17, 2014 No. D28i-2837.

Attention: do not publish a notice if the procurement contains state secrets (Part 2 of Article 93 of Law No. 44-FZ).

Situation: should the network organization conclude a contract with the customer for technological connection to networks under Part 1 of Article 93 of Law No. 44-FZ

Yes, it should, since connection to power grids is part of the electricity transmission market. If you purchase electricity, the supplier is obliged to connect the organization to the networks. Such clarifications were given by FAS specialists in a letter dated February 3, 2015 No. ATs/4119/15.

Network organizations connect the customer’s organization to networks on the basis of a one-time contract, and you also need to pay for this service once. Such rules are established in Part 1 of Article 26 of the Law of March 26, 2003 No. 35-FZ.

Purchasing from an organization that is not a monopolist

How to purchase utilities under clause 8 of part 1 of article 93 of Law No. 44-FZ

If you purchase utilities from an organization that is not a natural monopoly, then enter into a contract in accordance with clause 8 of part 1 of Article 93 of Law No. 44-FZ. In particular, purchase according to point 8:

  • water supply and sanitation without the use of centralized systems;
  • heat supply;
  • gas supply (except liquefied gas);
  • connection to utility networks at regulated tariffs.

Publish the notice in the same manner as when purchasing from a monopolist (Part 2 of Article 93 of Law No. 44-FZ).

Attention: conclude a contract for connection to electrical networks in accordance with clause 1 of part 1 of Article 93 of Law No. 44-FZ. Such clarifications were given by the FAS in a letter dated February 3, 2015 No. ATs/4119/15 and the Ministry of Economic Development in a letter dated April 28, 2017 No. D28i-2288.

Procurement for premises for free use and operational management

How to purchase utilities under clause 23 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to purchase utilities for non-residential premises from the supplier under clause 23 of part 1 of article 93 of Law No. 44-FZ. Use this basis if you simultaneously meet two conditions:

  • non-residential premises received for free use or operational management;
  • the contractor is already providing the same services to another user of non-residential premises located in the building.

Purchase services for water, heat, gas, energy supply, household waste removal, maintenance and repair of premises. Such clarifications were given by the Treasury in letter dated July 4, 2016 No. 07-04-18/09-420.

There is no need to publish a procurement notice. However, place the report in the EIS. In the document, justify the price of the contract and why it is impossible to select a contractor in another way (Parts 2 and 3 of Article 93 of Law No. 44-FZ).

Situation: can a customer who has the right to operational management disposes of the administration premises, concludes a contract for utilities with the administration

No, you cannot conclude a contract with the administration. Enter into a contract directly with the organization that provides the services. This conclusion follows from clause 23 of part 1 of article 93 of Law No. 44-FZ.

Purchase from a guaranteeing supplier

How to purchase electricity under clause 29 of part 1 of article 93 of Law No. 44-FZ

The customer has the right to enter into a contract for energy supply or purchase and sale of electricity with a supplier of last resort under clause 29 of part 1 of article 93 of Law No. 44-FZ. In this case, the supplier is required to sign a contract. Guarantee supplier – commercial organization, which sells electricity. The FAS published a list of guaranteeing suppliers on the official website.

When you enter into a contract with a supplier of last resort, do not publish a notice or report in the Unified Information System. Such rules are established in paragraph 29 of part 1, parts 2 and 3 of Article 93 of Law No. 44-FZ and paragraph 29 of Article 3 of Law of March 26, 2003 No. 35-FZ.

Situation: does the customer have the right to enter into a contract with a guaranteeing electricity supplier under Part 1 of Article 93 of Law No. 44-FZ

No, he has no right, it is necessary to conclude a contract under clause 29 of part 1 of article 93 of Law No. 44-FZ.

The object of purchase under clause 1 of part 1 of Article 93 of Law No. 44-FZ is the transmission of electricity, and according to clause 29 of part 1 of Article 93 of Law No. 44-FZ - the sale of electricity. If you choose the wrong procurement method, the contract service employee will pay a fine of 30,000 rubles. (Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation).

Situation: does the supplier of last resort have the right to terminate the contract unilaterally?

No, the legislation does not give the supplier of last resort the right to terminate the energy supply contract unilaterally. This was indicated by the FAS in its clarifications dated May 6, 2014.

How to enter into a utility contract

How to conclude a contract for the supply of utilities

When purchasing utilities, it is not necessary to include part of the conditions from Article 34 of Law No. 44-FZ in the contract with the utility supplier. The parties have the right not to stipulate in the contract:

  • liability for non-fulfillment or improper fulfillment of obligations;
  • procedure and terms of acceptance and payment for services;
  • procedure and deadlines for processing acceptance results.

This is stated in Part 15 of Article 34 of Law No. 44-FZ.

The courts collect penalties under a contract with a food supplier under Law No. 307-FZ of November 3, 2015, and not under Law No. 44-FZ. This was indicated by the Presidium of the Supreme Court in review No. 3 dated October 19, 2016.

Example: on calculating penalties for paying utility bills

The heat supply organization and the university entered into a contract for the supply of heat. The customer is late in payment. The utility company demanded to pay a penalty, which it calculated based on 1/130 of the Central Bank's refinancing rate, according to the rules of Part 9.1 of Article 15 of Law No. 190-FZ of July 27, 2010 (as amended by Law No. 307-FZ).

The customer decided that the counterparty was wrong and the penalty should be calculated based on 1/300 of the refinancing rate, that is, according to Part 5 of Article 34 of Law No. 44-FZ. However, the Supreme Court sided with the counterparty. The judge explained that the penalty should be considered according to the rules of Part 9.1 of Article 15 of Law No. 190-FZ (ruling of the Supreme Court of the Russian Federation of March 23, 2017 No. 308-ES16-17315, A53-2995/2016).

When calculating the contract price, use the tariffs of the resource supply organization that are in effect at the time the transaction is concluded. If the tariff has changed, make changes to the contract by agreement of the parties - conclude additional agreement with the performer. Write this possibility into the contract. Justify the contract price using the tariff method. This follows from Part 8 of Article 22 and Clause 5 of Part 1 of Article 95 of Law No. 44-FZ. The conclusion was confirmed by the Ministry of Economic Development in a letter dated May 23, 2016 No. D28I-1441.

Resource supplying organizations have the right to indicate in the contract not a fixed, but an indicative price, contrary to Part 2 of Article 34 of Law No. 44-FZ. This position was expressed by the Supreme Court, which indicated that the provisions of Law No. 35-FZ of March 26, 2003 take precedence over the provisions of Law No. 44-FZ, therefore the contract price must be determined on the basis of the legislation on the electric power industry.

The Supreme Court explained that the final price for electricity for the month is set after the completion of billing period. Thus, it is impossible to determine in advance the fixed cost of electricity until the end of the billing periods at the time the contract is concluded. Therefore, it is also impossible to set a fixed price for an electricity contract. The courts expressed a similar position on contracts for the supply of heat and water (Supreme Court ruling dated May 12, 2017 No. 304-ES17-4309, A70-4027/2016, decision Arbitration Court Republic of Karelia dated June 5, 2015 No. A26-1663/2015 and resolution of the Arbitration Court of Primorsky Krai dated May 29, 2017 No. A51-3915/2017).

The Ministry of Economic Development believes that it is unlawful to indicate the estimated price for energy supply services. The department relies on Part 2 of Article 34 of Law No. 44-FZ and Government Decree No. 19 of January 13, 2014 (letter of the Ministry of Economic Development of July 20, 2016 No. D28i-1896).

The parties have the right to conclude contracts for the supply of utility services in written and oral form, that is, they can pay for utilities only on the basis of an issued invoice. This rule is established in Part 15 of Article 34 of Law No. 44-FZ and Article 158 of the Civil Code. The conclusions are confirmed by the Ministry of Economic Development in a letter dated March 31, 2017 No. D28i-1498.

The contract cannot be extended. This was stated by specialists from the Ministry of Economic Development in a letter dated April 24, 2017 No. D28i-2018.

Situation: who should develop a draft contract for the supply of electricity - the customer or the contractor

Draft contracts for the supply of electricity are drawn up by the executors, but Law No. 44-FZ does not regulate this issue. This is the opinion of the courts. In particular, the Arbitration Court of the Rostov Region indicated that the supplier of last resort is obliged to develop and publish forms of the energy supply agreement (decision of the Arbitration Court of the Rostov Region dated July 4, 2016 No. A53-9867/2016).

Situation: should the customer conduct an examination if the contract for the purchase of utilities does not provide for acceptance

No, you shouldn't. Expertise is part of the acceptance of services. Since the contract did not provide for acceptance, there is no need to conduct an examination. This conclusion follows from paragraph 1 of part 1 of Article 94 of Law No. 44-FZ.

The parties have the right not to include in the contract the procedure and terms for acceptance of utilities in accordance with Part 15 of Article 34 of Law No. 44-FZ.

How to reimburse expenses to the owner of the premises

How to reimburse expenses to the owner of a premises that is leased or used for free

The customer who rents the premises has the right to reimburse the landlord for the costs of utilities and maintenance of the premises. This position is shared by the Ministry of Economic Development in letter No. D28i-1442 dated May 20, 2015.

The customer rents premises under clause 32 of part 1 of article 93 of Law No. 44-FZ. The owner of the premises carries out major repairs, and the customer is obliged to carry out Maintenance and pay for the maintenance of the premises. However, you can specify other conditions in the contract. This conclusion follows from paragraphs 1 and 2 of Article 616 of the Civil Code.

To avoid conflicts, write in the contract which party pays for utilities and maintenance of the premises. If the owner pays and you need to compensate for expenses, write in the contract that you will reimburse expenses based on bills. Expenses can be included both in the cost of rent and in payment in separate invoices under clause 4 of part 1 of Article 93 of Law No. 44-FZ.

If you receive premises for free use, you are required to carry out major and current repairs and maintain the property. However, the contract has the right to indicate that these are the responsibilities of the owner (Article 695 of the Civil Code of the Russian Federation).

Situation: is it possible to reimburse the owner of the premises for utility costs under paragraphs or part 1 of Article 93 of Law No. 44-FZ

No you can not. Conclude contracts under paragraphs 1 and 8 of part 1 of Article 93 of Law No. 44-FZ with utility companies for the supply of resources. But Law No. 44-FZ does not provide for tripartite agreements - customer, owner of the premises, resource supply organization. The conclusion is confirmed by the Ministry of Economic Development in a letter dated June 17, 2016 No. OG-D28-7625.

Situation: does the customer have the right to purchase utilities from the supplier under Part 1 of Article 93 of Law No. 44-FZ, if he owns the premises with the right of economic management

Yes, in this case, the customer has the right to purchase utilities and services for the maintenance of premises under paragraphs 1, 4, 8 and 29 of part 1 of Article 93 of Law No. 44-FZ. This position is shared by the Ministry of Economic Development in letter dated March 31, 2017 No. OG-D28-4013.

All-Russian classifier of products by type of economic activity OK 034-2014 (KPES 2008) - OKPD 2
Adopted and put into effect by order Federal agency on technical regulation and metrology (Rosstandart) dated January 31, 2014 N 14-Art.

Code 35.12 OKPD 2. Services for the transmission of electricity and technological connection to electrical distribution networks

Code 35.12 OKPD 2 is a group containing the following codes:
35.12.1. Services for electricity transmission and technological connection to distribution power grids.
12/35/10. Services for electricity transmission and technological connection to distribution power grids.
12/35/10/110. Electricity transmission services.
12/35/10/120. Services for technological connection to distribution power grids.

A detailed explanation of individual code designations can be found on the corresponding page of the full OKPD 034-2014 classifier on OKPD2.ru, in particular, see code 35.12 OKPD 2. You should pay attention to the decoding of code 35.12 according to OKVED 2, given that for the first four characters of the code a certain correspondence is established between the type of product according to OKPD 2 and the type economic activity according to OKVED 2, the result of which was this product (service or work). Detailed Descriptions specific code designations in these two classifiers will help with searching and selecting the correct codes according to OKPD 2.