The nuances of the procedure for concluding offset contracts are explained
questions that customers have when making purchases, according to the results of which a contract with counter investment obligations is concluded.
In particular, the document explains that Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs" does not limit the range of customers who can carry out the specified purchase, including does not limit the possibility of determining the relevant municipal customer act the supreme executive body of the subject of the Russian Federation. At the same time, the determination of the customer is carried out taking into account the provisions of the budget legislation, the Federal Law of October 6, 2003. No. 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation", Federal Law No. 414-FZ of December 21, 2021 "On the General Principles of the Organization of Public Power in the Subjects of the Russian Federation".
In addition, it is noted that the Law No. 44-FZ does not provide for the possibility of conducting a joint purchase, following which the relevant contracts could be concluded. At the same time, the authorized body, defined in accordance with Part 3 of Article 26 of Law No. 44-FZ, may become a customer under a contract with counter investment obligations to meet the needs of several executive authorities of the subject of the Russian Federation, state-owned, budgetary institutions and state unitary enterprises of the subject of the Russian Federation.
It is also emphasized that if an offset contract provides for the simultaneous supply of goods and the provision of services, then on the basis of paragraph 48 of part 1 of Article 93 of Law No. 44-FZ, one or more contracts may be concluded, the subject of which may be the supply of goods, or the provision of services, or simultaneously the supply of said goods and the provision of said services. At the same time , art . 111.4 of Law No. 44-FZ does not prohibit the establishment of the terms of the contract for the supply of goods or the provision of services before the completion of investment obligations, as well as for the supply of goods produced in another production, for the provision of services using other property.
The establishment of requirements for the installation and adjustment of goods is allowed at the conclusion of a contract with counter investment obligations, the subject of which is the delivery of goods. Also, Law No. 44-FZ does not prohibit the conclusion of a life cycle contract in accordance with Article 111.4 of Law No. 44-FZ. A change in the terms of a long-term contract with counter investment obligations is allowed on the basis of clause 3, part 1, Article 95 of Law No. 44-FZ.