The Ministry of Finance of the Russian Federation spoke about the specifics of concluding contracts for construction work by persons specified in Part 5 and Part 6 of Article 15 of Law No. 44-FZ
The letter prepared by the Ministry's specialists, in particular, refers to purchases carried out in accordance with the provisions of Part 5 of Article 15 of Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs" by legal entities that are not institutions and unitary enterprises, when providing them with budget funds specified in paragraph 2 of paragraph 1 of Article 80 of the Budget Code, as well as persons specified in Part 6 of Article 15 of Law No. 44-FZ, when the relevant customers transfer their customer's powers to them free of charge on the basis of agreements (Letter of the Ministry of Finance of the Russian Federation dated August 10, 2021 No. 24-06-07/64059).
Thus, it is explained that the provisions of Law No. 44-FZ concerning the specifics of concluding and executing a contract, the subject of which is the preparation of project documentation and (or) the execution of engineering surveys, and contracts, the subject of which is the construction, reconstruction of capital construction facilities, apply to the legal entities specified in Part 5 of Article 15 of Law No. 44-FZ when they purchase at the expense of the relevant budget funds.
At the same time, the organizations specified in Part 6 of Article 15 of Law No. 44-FZ are subject to the provisions of Law No. 44-FZ when they make purchases on behalf of the relevant authorities, including the requirements of Article 110.2 of Law No. 44-FZ and the decree of the Government of the Russian Federation of May 15, 2017. No. 570 "On the Establishment of the Types and Volumes of Works on Construction, Reconstruction of Capital Construction Facilities on the Territory of the Russian Federation, which the contractor is obliged to perform independently without Involving Other Persons to Fulfill Its Obligations under state and (or) Municipal Contracts, and on Amendments to the Rules for Determining the Amount of the Fine Accrued in Case of Improper Performance by the customer, supplier (contractor, contractor) of obligations stipulated by the contract (except for Late Performance of obligations by the customer, by the supplier (contractor, contractor), and the amount of the penalty charged for each day of delay in the fulfillment by the supplier (contractor, contractor) of the obligation provided for in the contract."