Deadline for consideration of the first parts of applications. Review of the first parts of applications for participation. Regulations of the electronic platform of Sberbank - AST CJSC

In accordance with Part 1.2 of Art. 37 44-FZ. anti-dumping measures have been established that apply to participation in competitions and auctions.

If a procurement participant has proposed a price reduction of 25% or more, anti-dumping measures are established, which depend on the initial maximum contract price (IMCP), the threshold of which is set at 15 million rubles.

If the NMCC is less than or equal to 15 million rubles. the contract will be concluded only after the winner provides a contract performance security that is 1.5 times the amount of the contract performance security specified in the documentation, or information confirming the good faith of such participant as of the date of submission of the application.

Sample letter confirming the integrity of the supplier

ref no. from ______

Information mail

Limited Liability Company "Romashka" (hereinafter referred to as the Company), represented by General Director Ivan Ivanovich Ivanov, acting on the basis of the Charter, confirms the good faith of the Company in accordance with the requirements of Parts 1, 2, 3 of Art. 37 Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, and provides information on executed contracts:

Application security and supplier's letter of good faith

Hello,

The integrity of the supplier in this case (if the purchase price does not exceed 15 million rubles) can be confirmed in two ways:

1. Contract performance security increased by 1.5 times. Then no letter is needed.

2. A free-form text (a letter or something else you can call it) in which the supplier certifies the customer that the register of contracts concluded by customers (on the website zakupki.gov.ru) contains information confirming the fulfillment by this supplier:

Or within one year before the date of filing an application for participation in a competition or auction of three or more contracts without penalties (fines, penalties),

Or within two years before the date of filing an application for participation in a competition or auction of four or more contracts (in this case, at least 75% of contracts must be executed without penalties (fines, penalties),

Or within three years before the date of filing an application for participation in a competition or auction of three or more contracts without penalties (fines, penalties).

In these cases, the price of one of the contracts must be at least 20% of the price at which the supplier is offered to conclude the contract.

In any case, such a document must contain references to registry entries.

In any case, the usual security for the performance of the contract must be provided.

Documents confirming good faith

The Ministry of Finance of Russia provided a list of documents, the presence of which will help the taxpayer to prove the prudence and caution of his actions when choosing contractors

print version

It is no secret that tax authorities very often accuse taxpayers of not choosing partners in good faith. For example, it is extremely difficult to obtain a VAT tax deduction, or the ability to recognize expenses incurred as tax expenses if a partner has problems with state registration.

Therefore, the taxpayer asked directly: what documents need to be submitted to the tax office to prove that he acted in good faith, carefully and carefully?

Thus, if the taxpayer collects such documents in relation to his partner before entering into a transaction, then he can hope to prove his prudence and good faith to the tax authorities.

Let us note that such a procedure is not prescribed in the Tax Code of the Russian Federation (see, for example, decisions of the Federal Antimonopoly Service of the North-Western District dated November 13, 2008 No. A56-4538/2008 and the Thirteenth Arbitration Court of Appeal dated November 5, 2008 No. A56-18569/2008). However, compliance with the requirements of this letter from the Russian Ministry of Finance can provide taxpayers with great assistance when communicating with tax authorities.

However, you shouldn’t delude yourself too much. For example, the FAS of the East Siberian District in its resolution dated November 11, 2008 No. A33-2940/08-F02-5516/08 indicated that information about the registration of the counterparty as legal entities and registering it with the tax authority is for reference only. It in no way characterizes the counterparty as a conscientious, reliable and stable participant in economic relations. According to the court, the taxpayer's possession of copies of such documents does not indicate that he exercised due diligence in relation to the partner.

It is quite possible that therefore everything else is the true economic meaning of the business transactions carried out, the presence business purpose in the actions of the taxpayer - the Ministry of Finance of Russia farms out arbitration courts. According to financiers, this is indicated by paragraphs 1, 7 and 9 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 10/12/06 No. 53.

Instructions for providing information about the good faith of the participant when concluding a contract

In this article, we will tell you how a company with experience in fulfilling contracts should not provide 1.5 times increased security for contract performance.

Art. 37 FZ-44 describes cases when a participant in placing an order is forced to confirm his or her good faith. or provide contract performance security 1.5 times higher than what was specified in the procurement documentation. And if the initial (maximum) price of the contract during a competition or auction is more than 15,000,000 rubles, then no less than the amount of the advance payment. The law imposed such an obligation on participants in tenders or auctions who offered a contract price that is 25% or more lower than the initial (maximum) price.

According to Part 3 of Article 37 of the Federal Law No. 44, information confirming the integrity of a procurement participant includes information contained in the register of contracts concluded by customers and confirming the execution by such participant within one year before the date of filing an application for participation in a competition or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such participant, or within two years before the date of filing an application for participation in a competition or auction of four or more contracts (in this case, at least seventy-five percent of contracts must be executed without the application of penalties (fines, penalties) to such participant, or within three years before the date of filing an application for participation in a competition or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such participant fines) In these cases, the price of one of the contracts must be no less than twenty percent of the price at which the procurement participant proposed to conclude a contract in accordance with Part 2 of Article 37 of the Federal Law No. 44.

STAGE 1. Search for information contained in the register of contracts concluded by customers.

STAGE 2. Information confirming the participant’s fulfillment of contracts.

After you have found all the contracts executed by your organization at the moment, you choose the option that best suits you to confirm good faith:

1. Availability of 3 or more contracts executed within 1 year before the date of filing an application for participation in this procurement (all contracts must be executed without the application of penalties (fines, penalties) to such participant)
2. The presence of 4 or more contracts executed within 2 years before the date of filing an application for participation in a competition or auction (in this case, at least seventy-five percent of contracts must be executed without the application of penalties (fines, penalties) to such participant)
3. Availability of 3 or more contracts executed within 3 years before the date of filing an application for participation in a competition or auction (all contracts must be executed without the application of penalties (fines, penalties) to such participant)

In this case, the price of one of the contracts must be no less than 20% of the price offered by the participant for this purchase.

STAGE 3 (most important). Preparation of documents for the customer

Since Federal Law 44 does not specify how a procurement participant is obliged to provide information on good faith, we recommend that you exercise maximum caution and format it as follows:

Create a file called “Information confirming good faith”

Place links to the contracts selected according to stage 2 in this file (indicate for each contract the purchase register number, the name of the customer, the contract number and date, the contract amount, and the execution date.

For each purchase you select to confirm your integrity, go to the “Contract Card”:

Information about the integrity of the Participant in placing the order. FZ-44

If the price at an auction decreases by more than 25%, it is necessary either to increase the security by one and a half times, or to provide information (information) about the integrity of the URP. This applies to auctions whose NMCC is less than 15 million rubles; if the NMCC is more than 15 million rubles, it is necessary to provide security in one and a half times the amount.

Information that confirms the integrity of the RRP.

Registration of information on good faith.

There are no strict rules governing the preparation of Information on Good Faith; if the Customer has established in the documentation the requirements for the preparation of Information on Good Faith of Participants (the Information on Good Faith form), then it is recommended to use this form.

Requirements for information about good faith.

The legislation provides several options for generating information about good faith.

Hello, dear colleague! Today's article will talk about anti-dumping measures, as well as the effectiveness of their application. These measures are aimed at reducing the risks of Customers in connection with artificially lowering prices during competitions and auctions. In 44-FZ, anti-dumping measures are regulated by Article 37, and when purchasing under 223-FZ, they can be established by Customers in the Procurement Regulations. We will talk about all the nuances of using these measures below in this article. ( Note: This article was updated on April 25, 2019).

1. Anti-dumping measures under 44-FZ

1.1 Concept of dumping

Dumping(from the English dumping - dumping) - sale of goods (works, services) at artificially low prices.

It's no secret that contracts with artificially low prices are mostly fraudulent. The dumping procurement participant receives an advance payment (if any), but the work remains unfulfilled. In addition, dumping contributes to a general decline in the level of work (services provided) and the quality of supplied products.

However, as practice has shown, dumping is resorted to not only by scammers or fly-by-night companies, but also by completely decent organizations. And the reason for such actions is obvious - the lack of proper experience and qualifications for healthy competition.

1.2 “Taran” dumping scheme

It is quite difficult for young organizations, as well as newly founded individual entrepreneurs without work experience, to participate in government procurement. Therefore, dumping for “newbies” has been and most likely will be the only working tool in competition for a long time. The previously effective 94-FZ did not provide for anti-dumping measures, so cases of serious reductions during trading occurred quite often. The favorite scheme among careless suppliers was the so-called “Bram” scheme.

Let me briefly recall the meaning of this diagram. Typically, three organizations were involved in the conspiracy. The first participant, who was supposed to win the auction, took the first step with a slight reduction in price (0.5-1% of the NMCC). Then two other participants entered the game, knocking down the NMCC of the contract as quickly as possible until the submission of price proposals by other participants would be pointless. Then, when considering the second parts of the applications, the applications of these participants were rejected, because they knowingly attached incorrect documents. And the winner was the participant who managed to make a price offer with a minimum step.

1.3 What anti-dumping measures are provided for in 44-FZ?

With the advent of 44-FZ, the situation changed in better side, but, in my opinion, very insignificant. So, what anti-dumping measures appeared in 44-FZ?

According to Part 1 of Article 37 of 44-FZ, if during a competition or auction NMCC is more than 15 million rubles , the contract is concluded only after such participant provides in the amount exceeding 1.5 times the amount of security for the execution of the contract specified in the documentation for the tender or auction, but not less than the amount of the advance (if the contract provides for the payment of an advance).

That is, if the NMCC is more than 15 million rubles, the procurement participant, when signing the contract, is obliged to provide one and a half times the security for the execution of the contract.

According to Part 2 of Article 37 of 44-FZ, if during a competition or auction NMCC is 15 million rubles or less and the procurement participant with whom the contract is concluded is offered contract price, which is 25% or more lower than the NMCC , the contract is concluded only after such participant provides security for the performance of the contract in the amount exceeding 1.5 times the amount of contract performance security specified in the documentation for the tender or auction, or information confirming good faith such participant on the date of filing the application, with the simultaneous provision by such participant of contract performance security in the amount of contract performance security specified in the procurement documentation.

That is, if the NMCC is up to 15 million rubles, the procurement participant, when signing the contract, can provide a choice of:

— or one and a half times the contract’s performance;

— or documents confirming the good faith of such a participant + security for the execution of the contract established in the documentation.

1.4 For which purchases are anti-dumping measures applied?

Many procurement participants mistakenly believe that anti-dumping measures apply to absolutely all procurement procedures, including and. According to Article 37 of 44-FZ, anti-dumping measures are applied ONLY to and .

1.5 Confirmation of the integrity of the procurement participant

A procurement participant can confirm his/her integrity by providing information about completed contracts for a certain period of time before the date of filing an application for participation in a competition or auction:

When conducting open competition , competition with limited participation , two-stage competition , closed competition , closed competition with limited participation , closed two-stage competition specified information must be presented as part of the application (Part 4 of Article 37 of 44-FZ).

And when carrying out open competition in electronic form , competition with limited participation in electronic form , two-stage competition in electronic form , auction a document confirming good faith must be provided to the Customer along with the signed contract (Part 5 of Article 37 of 44-FZ).

Important! Revealing the unreliability of the information provided in the case of “paper” competitions leads to the rejection of the application, and in the case of e-procurement leads to the recognition of the participant as having evaded signing the contract.

1.6 What should you do if your contract information is not in the register?

If a contract with the Customer has been concluded, but there is no information about the contract in the register, you must first contact the Customer to find out the reason for the absence of an entry in the register. For failure to provide or untimely provision of information about the conclusion of the contract and its execution, the Customer is subject to administrative liability.

1.7 Special cases of application of anti-dumping measures under 44-FZ

1. If a competition is held to carry out research, development or technological work, the Customer can set different values ​​for the criteria for evaluating applications with a price reduction of up to 25% and over 25% of the NMTsK (Part 7 of Article 37 of 44-FZ);

2. If goods are purchased for the normal life support of the population (food, emergency supplies, medicines, fuel, etc.), in addition to the usual anti-dumping measures (one and a half times the contract performance or confirmation of the procurement participant’s good faith), the participant must also justify the price reduction by providing the customer (Part 9, Article 37 44-FZ):

• a letter of guarantee from the manufacturer indicating the price and quantity of the supplied goods (in free form);
• documents confirming the availability of goods from the procurement participant (bill of lading, receipts);
• other documents and calculations confirming the ability of the procurement participant to supply goods at the proposed price

3. According to Part 12 of Article 37 of 44-FZ, anti-dumping measures are not applied if, during procurement medicines, which are included in the list of vital and essential medicines approved by the Government of the Russian Federation, the procurement participant with whom the contract is concluded offers the price of all purchased medicines, reduced by no more than 25% relative to their registered price in accordance with the legislation on circulation medicines maximum selling price.

As you can see, with the advent of Federal Law 44, the requirements for procurement participants resorting to dumping have become more stringent. However, it is difficult to say that this has radically changed the situation for the better.

Firstly, those participants who used dumping before 44-FZ also continue to use it. Of course, this “pleasure” has become more expensive, but not so much that we have to give it up completely.

Secondly, those participants who, as before, have a sufficient level of qualifications and experience are unlikely to try to win an order solely on the basis of price.

Only a combination of factors, such as application security, anti-dumping measures, contract enforcement, fines and penalties, as well as the lack of an advance payment, cut off negligent suppliers from procurement. That is, anti-dumping tools are effective only in combination with the above measures, and do not give the desired effect when used separately.

2. Anti-dumping measures under 223-FZ

Companies that fall under 223-FZ carry out their purchases in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, 223-FZ, 135-FZ, other federal laws and regulations legal acts RF, as well as approved and placed in a single information system(EIS) Procurement Regulations.

According to Part 2 of Article 2 of 223-FZ, the Procurement Regulations are a document that regulates all procurement activities of the Customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for conclusion and execution of contracts, as well as other provisions related to procurement.

This means that each Customer independently develops its own Procurement Regulations, which prescribes procurement methods, the procedure for their preparation and implementation, incl. and applied anti-dumping measures. These measures may differ from those provided for in Article 37 of 44-FZ.

This concludes my article. If you still have questions, ask them below in the comments to this article.

A tender participant sooner or later faces dumping in government orders. The phenomenon of dumping itself has existed in the field of tenders for a very long time, almost since the inception of the institution. public procurement in Russia. The concept of “anti-dumping measures” in government orders appeared not so long ago, namely after the adoption of 44-FZ. In Law No. 94-FZ, which was in force before 44-FZ, there was no such concept. At the same time, in practice, of course, there was dumping in government orders, but the state made no attempt to combat this phenomenon legislatively. What is “dumping” in government orders today and what methods are used to combat this phenomenon? Let's try to figure it all out!

What is dumping in government orders?

The word dumping is borrowed from the English dumping, which means dumping (selling at artificially low prices). Most often, dumping prices are lower than market prices and even lower than production costs. To understand the nature of this phenomenon, let’s look at the reasons for using dumping in tenders:
1. Entry of a supplier into a market that has already been divided and there is no other way to get into it.
2. Receiving an order from a specific customer in order to begin cooperation with this customer for the purpose of upselling related services, works, as well as entering into larger contracts.
3. Obtaining new contracts and obtaining the necessary qualifications to participate in major competitions and requests for proposals.
4. Playing according to the rules established by the state, where the price indicator is the most important and in most cases decisive in government procurement.

What all these reasons have in common is that the supplier, working at a loss or zero, plans to make a profit or some kind of preferences in the future. In addition, we should not forget about Russian reality. At the moment, the government has created a public procurement system in which the supplier who offers the lowest price has a greater chance of winning. This is true both for auctions and for competitions and other procurement methods. In the vast majority of purchases, the significance coefficient is higher for the “Price” criterion than for other evaluation criteria.
Despite the fact that the state has created conditions for the development of dumping in government orders, it has also created anti-dumping measures to combat this phenomenon. Let's take a closer look at this tool.

Anti-dumping measures under 44 Federal Laws: what are they?

Dumping in 44-FZ means a reduction price offer participant by 25% or more of the initial (maximum) contract price. That is, if the purchase limit is 1,000,000 rubles and the participant’s price offer is 750,000 rubles or more, then such an offer is recognized as dumping; if the supplier offers 750,001 rubles, then by law this is not dumping. Did you catch the fine line? One ruble or even one kopeck can influence whether the proposed price is recognized as dumping or not. Of course, this approach is formal and has an indirect relation to the market. The government procurement market has its own rules and these rules are 44-FZ. Let's look at anti-dumping measures under Federal Law 44 in more detail.

Two situations are possible:

Option No. 1 Price (NMC) of purchase is more than 15 million rubles.
In this case, according to Part 1 of Art. 37 44-FZ, if the price of the winner of the purchase is dumped and reduced by 25% or more, then the customer enters into a contract with such a participant only after the winner provides contract security with a coefficient of 1.5. But in this case, the amount must be no less than the amount of the advance (if the advance is provided for in the procurement documentation and in the draft contract). That is, the procurement participant, offering a price of 25% or lower than the price from the NMC, must be ready, in case of victory, to provide contract security of 1.5 higher. The participant can choose to provide security for the contract, either in the form of a bank guarantee or by transferring cash to the customer's account. Of course, most often the supplier chooses security in the form of a bank guarantee.
Option No. 2 Purchase price (NMC) less than 15 million rubles.
In this case, the procurement participant has a choice:
- provide contract security with a coefficient of 1.5 (as in the option above)
- provide as part of the application documents confirming the integrity of the supplier as of the date of application.

IMPORTANT: documents on good faith must be submitted as part of the application for the competition, that is, before the winner is determined. If you participate in an auction, such documents are provided along with the signed contract.

Information confirming the integrity of the supplier.

Let's consider what is meant by the “good faith” of the supplier” and supporting information.
The integrity of the supplier is understood as the confirmed fact of successful execution of contracts with government customers. That is, such contracts must be completed and information about such contracts must be contained in the register of contracts.
In addition, the conditions for the statute of limitations of such contracts, the number and the presence or absence of penalties must be met:
Option #1: 3 or more contracts within 1 year before the date of application, without penalties.
Option #2: 4 or more contracts within 2 years before the date of application, 75% of contracts without penalties.
Option #3: 3 or more contracts within 3 years before the date of application, without penalties.
At the same time, the price of one executed contract must be at least 20% of the participant’s price offer in the procurement procedure.

IMPORTANT: Please note that contracts confirming good faith must be included in the register of contracts. The fact that such a contract has been entered into the register must be verified independently. Contracts that are not included in the register of contracts cannot be used by participants as information confirming good faith. If the concluded contract is not in the register, contact the customer to clarify the reasons. Entering contracts into the register is the responsibility of the customer, who also bears administrative responsibility.

In practice, information confirming good faith can be presented by the supplier in the form of a certificate with a list of contracts that meet the requirements of Options No. 1, 2 or No. 3, which we discussed above. In such a certificate, the procurement participant can also indicate a link to entries in the register of contracts. To confirm the information, the supplier can attach printouts from the register of contracts, as well as copies of executed contracts and acts (the participant must provide a certificate, the rest is at his discretion).

In some cases, the customer may recognize information confirming good faith as unreliable if:
- the participant provided information on good faith on unfinished contracts
- the information provided on contracts confirming good faith is not in the register of contracts
- the requirements for the number of confirming contracts, terms, and absence of penalties have not been met (in accordance with options 1,2,3 discussed above)

This situation can have far-reaching consequences for the supplier, with the participant being included in the register of unscrupulous suppliers in the event of participation in an electronic competition. If the customer reveals false information in an open competition, the participant will get off with rejection of the application.

Anti-dumping measures under 44 Federal Laws and special cases.

Option #1: If the Customer holds a competition to carry out research, development or technological work, then the competition documentation may provide for various criteria for evaluating applications with a price reduction of 25% or more from the NMC and less than 25% from the NMC. For example, a participant in such a competition reduces the price by 25% or more, in this case the Customer lowers the significance coefficient for the price proposal and sets it equal not to 60%, but to 30%; for assessing qualifications, the coefficient will become, for example, not 40%, but 70% . Thus, the application of the “dumping” participant will be evaluated in such a way that it becomes unprofitable to offer a lower price, since the participant in this case is guaranteed to score fewer points. These figures are given as an example and it is natural that the customer must specify in the procurement documentation the significance factors and the conditions under which they will be applied.

Option #2: If the customer is purchasing life support goods (food, first aid, fuel, etc.), then the participant, in addition to 1.5 times the contract security (or information confirming good faith), must justify the reduction in the price offer by submitting:
- letter of guarantee from the manufacturer (with price and quantity of goods)
- documents that confirm the fact that the participant of the procedure has the goods
- other documents

Option #3. Anti-dumping measures in some cases cannot be applied at all, for example, in the case of the purchase of drugs that are included in the list of necessary and essential drugs (such a list is approved by the Government of the Russian Federation). But the price of medicines should be reduced by no more than 25% relative to the maximum selling price registered in accordance with the legislation of the Russian Federation.

Option #4: Anti-dumping measures are also not applied if the customer does not establish a requirement to ensure the execution of the contract. Establishing contract security requirements is the responsibility of the customer, and in some cases the customer has the right not to establish contract security. In this case, the supplier does not need to provide contract security, provide information confirming good faith as part of the application, or provide contract security with a coefficient of 1.5.

Was there dumping?

We have examined in detail the anti-dumping measures under Federal Law 44, examined in all nuances the integrity of the supplier, and ways to confirm integrity. Now let's ask ourselves how effective are these measures proposed by the authors of 44-FZ? The fact is that the starting point for determining dumping or non-dumping price is the initial maximum contract price (IMC). But, as NMC practice shows, the customer can formulate and justify absolutely any price, that is, this is not a market price. If the NMC is 1,000,000, this does not mean at all that the real cost of goods, works, services is the same, that is, 1,000,000 rubles. Naturally, the customer is interested in ensuring that the procurement procedure takes place. Therefore, it is beneficial for the customer to form an NMC above the actual cost. This situation with the formation of the NMC is also beneficial for the supplier, who, by participating in the procurement, has the opportunity to “reduce” the price and compete for the order. Thus, we can conclude that the supplier’s price reduced by 25% or more from the NMC may not always be truly dumping. The mechanism that is laid down in 44-FZ to combat dumping cannot be called effective and thoughtful.

But it should also be noted that the customer himself can create conditions for combating dumping, for example, by choosing a procurement procedure in which it is possible to set a significance coefficient at a price of 30%. As practice shows, the customer himself is not always interested in fighting dumping, since in today’s unstable realities the lowest contract price is the most important factor when choosing a supplier.

It should also be understood that too low a price may cause poor quality of the goods, works and services supplied. Customers and suppliers should try to look for and find a middle ground in this difficult issue.

What, other than the number of years, differs between paragraphs 1 and 3 of Art. 37 44-FZ?

The requirements in these paragraphs differ only in the number of years.
We believe that in this case, the law provides an opportunity to confirm their good faith not only for those companies that have been involved in procurement for a long time and have, for example, 3 completed contracts without penalties over the last 3 years, but also for companies that have been on the market for only 1 year. but active, and managed to complete 3 contracts without penalties.

If a company is only 1 year old and has 3 completed contracts without penalties and 2 with penalties, can we prove our integrity?

The good faith of the participant can be confirmed by information in the register of contracts about “execution by such participant within 1 year before the date of filing an application for participation in a competition or auction of 3 or more contracts, and all contracts must be executed without the application of penalties (fines, penalties) to such participant " Thus, to demonstrate good faith, it is necessary that all contracts be performed without the application of penalties.

What is bona fide information?

This is information contained in the register of completed contracts and confirms the participant’s fulfillment of:

• within 1 year before the date of application, 3 or more contracts, and all contracts must be executed without penalties (fines, penalties) being applied to the participant;
• or within 2 years before the date of application, 4 or more contracts, and at least 75% of the contracts must be executed without penalties being applied to the participant;
• or within 3 years before the date of application, 3 or more contracts, and all contracts must be executed without penalties being applied to the participant.

In this case, the price of one of the contracts must be at least 20% of the price at which the procurement participant proposed to conclude the contract.

Who decides whether there is sufficient information to support the reasonableness of the proposed price?

This decision is made by the customer’s procurement commission.

Competition: the commission may recognize the justification for the proposed contract price as unreasonable, and the application for participation in the competition of such participant is rejected. The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the competition or consideration of a single application for participation in the competition.

Auction: the commission may recognize the justification for the proposed contract price as unreasonable, and the contract will not be concluded with such a participant. In these cases, the decision of the procurement commission is documented in a protocol, which is posted in the Unified Information System and brought to the attention of all auction participants.

When justifying the proposed price, is it possible to provide the customer with letter of guarantee from the supplier and not from the manufacturer?

The participant is obliged to provide the customer with a justification for the proposed contract price, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied, documents confirming the availability of goods from the procurement participant, other documents and calculations confirming the ability of the procurement participant to supply the goods at the proposed price .

Explain where information about the integrity of the organization is stored, by whom and how it is formed?

Information confirming the integrity of the procurement participant includes information contained in the register of contracts located in the unified information system (UIS).

If the price is reduced by 25% or more and if the supplier’s good faith is confirmed, the amount of the performance security should still be 1.5 times more than the initial one?

If you take part in a competition or auction and the initial contract price is more than 15 million rubles, if there is a reduction of 25% or more, you must provide the customer with security for the contract in an amount 1.5 times higher than that specified in the documentation. If the initial purchase price in which you participate is 15 million rubles. and less, it is enough to provide confirmation of the supplier’s good faith, in which case the amount of security remains the same.

What documents are needed to confirm the integrity of the supplier?

The supplier must confirm its good faith by providing information contained in the register of contracts (agreements, acts). To confirm good faith, a letter indicating all information on executed contracts will be sufficient.

Competition: information confirming good faith is provided by the procurement participant as part of the application for participation in the competition.

Auction: information confirming good faith is provided by the procurement participant when sending the signed draft contract to the customer.

How is the procurement participant notified of the recognition of information confirming its integrity as reliable?

Competition (Part 4, Article 37 44-FZ)
In the event of a tender, information confirming good faith is provided by the procurement participant as part of the application for participation in the tender. The procurement commission rejects such an application if this information is found to be unreliable. The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer) indicating the reasons for the rejection of such an application and is brought to the attention of the procurement participant who sent the application no later than the working day following the day of signing the specified protocol.

Auction (Part 5, Article 37 44-FZ)
In the event of an auction, information confirming good faith is provided by the procurement participant when sending the signed draft contract to the customer. If such participant, recognized as the winner of the auction, fails to comply with this requirement, or the procurement commission recognizes the information confirming good faith as unreliable, the contract with such participant is not concluded and he is recognized as having evaded concluding the contract. In this case, the decision of the procurement commission is formalized in a protocol, which is posted in the Unified Information System and brought to the attention of all auction participants no later than the business day following the day of signing the specified protocol.

To confirm good faith, information on executed contracts is provided for the last 3 years preceding the purchase or for any 3 years of the company’s activity?

Information is provided 1 year, or 2 years, or 3 years before the date of filing an application for participation in the procurement.

Our company actively participated in procurement under 94-FZ. To confirm our good faith, can we provide information about executed contracts not only under 44-FZ, but also under 94-FZ?

To confirm good faith, you can provide information contained in the register of contracts, that is, both under 94-FZ and 44-FZ.

If the customer has not established a requirement to ensure the execution of the contract, and the participant has set a dumping price, what requirements will be imposed on such participant?

The requirement to provide contract performance security in tenders and auctions is the responsibility of the customer.

In accordance with Part 1 of Article 96 of 44-FZ, the customer in the notice of procurement, procurement documentation, draft contract, invitation to participate in determining the supplier (contractor, performer) in a closed way must establish a requirement to ensure the execution of the contract, except in cases , which do not relate to competitions and auctions.

Algorithm for applying anti-dumping measures

Multitender LLC does not guarantee full compliance of materials with legal regulations at the time they are viewed by the user. The materials are presented for informational purposes.

Here we will provide a sample according to which you can fill out a letter with information confirming the good faith of the procurement participant in accordance with Federal Law 44. The supplier may need this letter to reduce the amount of security if the initial maximum contract price is reduced by more than 25% during the electronic auction. . Information about fulfilled obligations to fill out the letter should be taken from the register of contracts.

(Information contained in the Unified Register of State and Municipal Contracts)

According to Art. 37 part 3 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

In accordance with the data provided on good faith, Romashka LLC requests that the contract performance security be reduced from 45% to 30% of the initial (maximum) contract price, which is 30,251.18 (thirty thousand two hundred fifty-one) rubles, 18 kopecks.

We provide information confirming the integrity of Romashka LLC in table No. 1.

CEO LLC "Romashka" ____________________ Ivanov I.I.

You can download a sample in .doc format for filling out yourself by clicking on the link.

As part of the anti-dumping measures, the participant may be required to demonstrate good faith. The article will help you understand what is hidden behind this concept and how to confirm your integrity.

What is good faith according to 44-FZ

When the offer of the winner of an auction or competition is 25% or more cheaper than the NMCC, anti-dumping measures are used. This is done in order to prevent competition from being limited by excessively understating the cost of products, as well as to protect customers and, as a consequence, end consumers from poor-quality procurement results.

If the initial tender price is less than 15 million rubles. (inclusive), then the supplier has a choice. He can provide the customer with contract security of 1.5 times the amount, or regular security plus documents showing his business reputation in the contract system.

The integrity of the procurement participant under 44-FZ is information from the register of contracts about previously fulfilled obligations.

How to confirm the integrity of the supplier under 44-FZ

The necessary information is contained in the Unified Information System, namely in the register of contracts that were previously concluded with government customers. Moreover, all transactions must be completely closed, that is, be in the status “Execution completed” or “Execution terminated”.

Information confirming the good faith of the procurement participant 44-FZ may be as follows (optional):

1. Three or more completed contracts within one year prior to the date of application.

   Documents confirming the good faith of the participant in the 44-FZ competition

   No penalties.

2. Four or more completed contracts within two years prior to the application submission date. 75% of which are without penalties.
3. Three or more completed contracts within three years prior to the date of application. No penalties.

It is important to take into account that in the above options, the amount for at least one of the documents should not be lower than 20% of the price offered by the participant in the current auction. Moreover, the subject of completed transactions is not specified by law, that is, it can be anything; the participant is not required to confirm the fact of execution of similar government contracts.

To participate in the competition, documents indicating the honesty of the winner must be attached to competitive application. If they are absent, the customer can conclude a deal only after receiving collateral increased by 1.5 times compared to that specified in the documentation. Moreover, this amount must be no less than the amount of the advance, if it is provided for in the documentation.

When dumping prices for electronic auction The supplier is obliged to provide information confirming good faith simultaneously with the signed contract for the current purchase.

The tender commission or the customer directly, depending on the type of procedure, checks the information provided with the register of contracts. If fake or inaccurate information is discovered, the application is rejected (in a competition), or the participant is recognized as having evaded the transaction (in an auction). In the latter case, the results are published in the Unified Information System in the form of a protocol, and the right to execute the transaction passes to the second lowest priced participant. If the latter’s offer is also reduced by 25% or more from the NMCC, then all anti-dumping measures are applied to it.

Sample confirmation of good faith according to 44-FZ

The law does not establish clear requirements for the form of provision of the information in question. Therefore, such documents can be drawn up in any form. But in order to make it easier for the participant to accurately collect everything necessary papers, and it is faster for the customer to check them, it is convenient to use the table, which contains all the information that is required to be provided by law. You can download a sample letter confirming the integrity of the supplier below.

In accordance with Part 1.2 of Art. 37 44-FZ, established anti-dumping measures that apply to participation in competitions and auctions.
If a procurement participant has proposed a price reduction of 25% or more, anti-dumping measures are established, which depend on the initial maximum contract price (IMCP), the threshold of which is set at 15 million rubles.
If the NMCC is less than or equal to 15 million rubles, the contract will be concluded only after the winner provides a contract performance security 1.5 times greater than the amount of the contract performance security specified in the documentation, or information confirming the good faith of such a participant on the date of filing the application.

Sample letter confirming the integrity of the supplier
ON THE FORM

ref no. from ______

Information mail

Limited Liability Company "Romashka" (hereinafter referred to as the Company), represented by General Director Ivan Ivanovich Ivanov, acting on the basis of the Charter, confirms the good faith of the Company in accordance with the requirements of Parts 1, 2, 3 of Art. 37 of Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, and provides information on executed contracts:

All information is provided from Unified register state and municipal contracts on the website www.zakupki.gov.ru.

Confirmation of the supplier's integrity from the customer according to Federal Law 44, sample

I confirm the accuracy of the information.

Sincerely,
General Director ________________ Ivanov I.I.
(based on the Charter)

SB Aspect LLC does not guarantee full compliance of materials with legal regulations at the time they are viewed by the user. The materials are presented for informational purposes.

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The lowest proposed contract value is not always the main parameter in choosing the winner when participating in government procurement. 44-FZ also provides for such a criterion as the qualifications of the participant. Let's figure out what this requirement for suppliers is and how to confirm your compliance.

The essence of the criterion “experience and business reputation”

Choosing a counterparty capable of fulfilling the terms of the contract efficiently and promptly always implies a certain risk for the customer. The level of trust in a particular organization consists of a set of certain criteria, such as:

• history of the organization: duration of presence of the business entity on the market according to its profile economic activity, experience and volume of goods supplied, work performed, services;
• means: supplier security material resources necessary for the production and delivery of products, performance of work, provision of services;
• personnel: the presence of qualified specialists and managers at the bidder;
• image: the perception of the organization by clients and society as a whole;
• reliability: completeness and reliability of information provided by the organization.

A high probability of fruitful cooperation is possible with a company that has the largest number the above positive parameters.

In this regard, the legislator has provided such a tool for predicting successful relationships as assessing experience and reputational potential.

Criteria for evaluation

Resolution No. 1085 dated November 28, 2013 discloses the indicators of non-cost evaluation criteria, but does not define the concept of “business reputation”.

Application security and supplier's letter of good faith

The customer needs to ensure a unified and objective approach when ranking and selecting a supplier when conducting various types procurement

Documents confirming the existence of a positive reputation may include, for example, Thanksgiving letters, certificates, diplomas of both the organization itself and its employees.

An experience assessment certificate is also distributed and business reputation.

How to properly set the certificate requirement

This question causes the most difficulty. To date, a number of national standards for assessing the experience and business reputation of persons engaged in entrepreneurial activity in different areas:

• general provisions, GOST R 66.0.01-2015;
• architectural and construction design, GOST R 66.1.01-2015;
• engineering surveys, GOST R 66.1.02-2015;
• assessment of experience and business reputation construction organizations and design institutions, GOST R 66.1.03-2016;
• production and sale of fire-technical products, GOST R 66.9.01-2015;
• provision of services ensuring fire safety of facilities, GOST R 66.9.02-2015;
• services for the transportation of large-sized heavy cargo, GOST R 66.9.03-2016.

The requirement for certificates as part of the application has two points of view. For example, by Resolution of the Thirteenth Arbitration Court of Appeal dated March 3, 2016 No. 13AP-31280/15, the requirement for certificates was recognized as legitimate. And, for example, the Ministry of Economic Development explained that the state customer does not have the right to require participants to have a business reputation index calculated by an organization accredited in the voluntary certification system. The agency notes that according to 44-FZ, the assessment of experience and business reputation does not require obtaining a certificate. Obtaining a document requires significant time and financial costs and is an administrative barrier to participation in the procurement (letter of the Ministry of Economic Development of Russia dated January 19, 2017 No. OG-D28-761).

How to check the certificate of experience and business reputation assessment

Taking into account that a much more significant criterion is the recognition of the supplier by the professional community, and letters of gratitude are easily subject to falsification, the customer can establish in the documentation a requirement for a certificate.

In this case, the participant is required to contact the certification body with a certain package of documents (founding documents, information about employees, copies of contracts confirming experience in similar work, reviews of activities, etc.). Federal agency Technical Regulation and Metrology maintains a list of registered companies. Each organization has internal regulations on the period of provision and cost of the service (on average from 10 working days with a price of more than 100,000 rubles). Certification involves an on-site inspection by auditors of the certifying organization, examination of data for completeness and reliability, and calculation of the final assessment based on the data obtained.

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