Only experienced contractors will be allowed to expensive orders for the construction of capital facilities
The Russian President instructed the Russian Government to amend Federal law No. 44-FZ of 5 April 2013 "on the contract system in the procurement of goods, works and services for state and municipal needs" (hereinafter –Law No. 44-FZ), detailing the procedure for determining contractors and the execution of contracts related to the construction of capital construction projects. In particular, the Law № 44-FZ is planned to:
to require bidders for execution of works on construction of objects of capital construction, the MSPC with more than 100 million rubles on the stock over the last 3 years of work experience in designing, construction of objects similar to the object of purchase. At the same time, the cost of such contracts should be at least 20% - 50% of the initial price of the contract for the right to conclude which the purchase is carried out;
to determine the performance evaluation of applications for the tender for construction, reconstruction, overhaul of particularly dangerous, technically complex, unique capital construction projects, as well as artificial road structures included in the roads of Federal, regional, inter-municipal and local significance with the NMC more than 100 million rubles. Evaluation of applications on the basis of cost criteria with a maximum value not exceeding 40% is planned to be carried out in these cases in terms of the existing experience of work on the indicators: the total cost of executed contracts, the cost of the largest executed contract, the number of executed contracts;
to fix the right to change not more than 30% the price of the construction contract and (or) the term of its execution in case of circumstances beyond the parties ' control, including those related to the need to perform works not included in the project documentation and required for the execution of the contract. It is assumed that it will be possible to exercise this right in respect of contracts whose price exceeds the amount established by the Government of the Russian Federation and the period of execution of which exceeds one year. Also, this will require an appropriate decision of the government of the Russian Federation, the Supreme Executive body of state power of the subject of the Russian Federation, the local government;
allow the parties to the construction contract to extend its validity in case of violations by the contractor, subject to payment of a fine in the amount of the accrued penalty for breach of contract.
It is expected that these changes will be made to the Law № 44-FZ until March 1, 2019.
Document: list of instructions following the enlarged meeting of the Presidium of the State Council held on November 23, 2018 (app. The President of the Russian Federation on 18 December 2018.)