The list of cases when the price formula and the maximum value of the contract price are specified at the conclusion of the contract can be expanded
The Government of the Russian Federation, together with the Commission of the State Council of the Russian Federation in the direction of "Transport", was instructed to submit proposals to the President of the Russian Federation on the use of the price formula and the maximum value of the contract price when making purchases in the field of regular transportation of passengers and luggage by road and urban ground electric transport, to grant the subjects of the Russian Federation the right to change the parameters of routes established in the long-term contracts in the implementation of such purchases, and also, if necessary, to amend the legislation.
The report on the results of the execution of this order must be submitted to the Government of the Russian Federation by February 1, 2024.
Recall that in accordance with part 2 of Article 34 of Federal Law No. 44, in cases established by the Government of the Russian Federation, when concluding a contract, the approximate value of the contract price or the price formula and the maximum value of the contract price are indicated. According to the decree of the Government of the Russian Federation of 13.01.2014 N 19, the cases when the price formula and the maximum value of the price are specified in the contract include the conclusion of contracts:
- for the provision of compulsory insurance services provided for by the federal law on the corresponding type of compulsory insurance;
- for the provision of agency services, subject to the establishment in the contract of the dependence of the amount of the agent's remuneration on the result of the execution of the principal's order (for example, contracts for the sale of tickets by the agent apply to this case;
- for the provision of credit services to the subjects of the Russian Federation and (or) municipalities, subject to the establishment in the contract of an interest rate calculated as the sum of the key rate of the Bank of Russia and the surcharge determined by the specified contract;
- the subject of which is simultaneously the execution of works on the design, construction and commissioning of capital construction facilities, in accordance with the procedure and on the grounds provided for by the Decree of the Government of the Russian Federation of 12.05.2017 N 563;
- for the supply of motor fuel, including automobile and aviation gasoline;
- for a period of at least 3 years, including a life cycle contract, the subject of which is delivery, including delivery under a lease agreement, and (or) maintenance, and (or) repair of railway rolling stock, metro vehicles, off-street transport and urban ground electric transport, buses driven exclusively by an electric motor and a traction battery, charged exclusively from an external source of electricity, at the initial (maximum) price of such contracts of 1 billion rubles or more.
Document: List of instructions following the meeting of the Presidium of the State Council on the Development of Public Transport (approved by the President of the Russian Federation on September 17, 2023 N Пр-1855ГС)