A declaration of affiliation with the SMP is a document that, as a rule, is used by procurement participants to obtain advantages when choosing a winner, if such preferences were indicated in the procurement documentation.
Also, sometimes during a procurement, only representatives of small businesses are allowed to participate, in which case the provision of a corresponding declaration is mandatory.
Declaration of affiliation with small businesses, if the purchase takes place in the form electronic auction, is attached as part of the second part of the application for participation. If this is a request for proposals, then this document is simply included in the application.
Download a sample declaration of affiliation with small businesses to small businesses(suitable for LLCs and individual entrepreneurs) (Microsoft Word document.doc)
Where can I get a declaration of membership in the SMP?
Beginning procurement participants often ask themselves a similar question. This declaration does not need to be obtained anywhere; it is drawn up by the participant himself and certified by him (stamp, signature).
How to draw up a declaration of membership in the SMP?
You can declare your affiliation with small businesses in a free form, but indicating the criteria on the basis of which the organization is classified as a small business.
Criteria for small businesses
These criteria are:
- In the authorized capital of the organization, the total share of participation of the Russian Federation and its constituent entities, as well as foreign organizations and religious/public/charitable associations, should be no more than 25%. More than 25% of the share should also not belong to a legal entity. persons who are not small businesses.
- The average number of employees for the previous year should not exceed 100 people.
- Revenue or bank value of assets for the year must be no more than 400,000,000 rubles excluding VAT.
In order for you to be able to correctly draw up a declaration of membership in the SMP and obtain admission to participate in the tender, we have prepared a sample of this declaration for you. The sample is filled out in accordance with all the rules of current legislation and is suitable for participation in public procurement.
Also, if difficulties arise in filling out declarations and other tender documentation, we recommend contacting our specialist for a FREE CONSULTATION using the chat at the bottom of the page.
To take part in public procurement bidding, suppliers must, according to the rules, draw up an important document - a declaration confirming their belonging to the small business segment. In this material we will discuss what government procurement and the declaration of affiliation with small businesses are.
Government bidding refers to a certain procedure for receiving federal orders from local and federal government agencies. Orders are filled with various needs, always in large quantities. Not only goods are in demand, but also various works or services.
Since in our country the state “gives the green light” to small businesses everywhere, when participating in government procurement they also enjoy some privileges that relate to the selection of a contractor or supplier. However, in order to prove involvement in this business category, the enterprise is forced to provide documentary evidence - a declaration, the culprit of this article. When participating in the auction, it must be prepared to be presented to the organizers along with other necessary papers.
Why do businesses need participation in a tender from the state? It's simple. The fact is that they acquire two undeniable advantages for the company’s rapid growth:
- strong business reputation, as a reliable contractor or supplier;
- instant payment for a large order.
As you can see, you can not only earn money and increase production capacity overnight, but also get the image of a company that is worth trusting, which means you can acquire many new partners and strengthen your market position.
To take part in a state auction, you should carefully collect the necessary package of documents that will legally confirm the legality of the company’s activities. Then proceed to reviewing and preparing papers for specific areas of trading. In this case, they will play the role of arguments in favor of the company, confirming its belonging to the best of the best.
A systematic approach is the key to success when working at a government tender. Before applying to participate, make a list of company events that need to be implemented. Apply the following criteria to your list:
- sequence of entered actions;
- time frame for each event;
- employees responsible for completing each stage.
When drawing up a time plan, be sure to take into account the legally established time frames, as well as the amount of actual time that will be needed to carry out the event.
A mandatory item on the list should be the careful preparation of documents required to participate in the auction. On average, it takes about a month to collect the necessary papers, plus or minus five days, so you need to take care of starting the process in advance.
In addition to the contents of the package of documents, you need to take care of its design, that is, the information printed on it. It is mandatory to indicate on the envelope the address details of the customer government organization that is the recipient of the documents.
When purchasing goods from only one seller, the government agency may insist on attracting professional experts, individual specialists or entire offices who will check the quality of the entrepreneur’s goods. It will consist of:
- evaluation of submitted documents;
- checking participants for compliance with the requirements presented by the customer;
- assessment of the quality of goods, services or works provided under the contract;
- checking the contract and the working conditions described in it.
The customer usually decides to involve an expert at his own discretion, but there are situations in which their participation is necessary:
- when goods are purchased from a supplier who is selected in accordance with the Presidential Russian Federation by decree;
- when carrying out work related to preparation for mobilization activities;
- when purchasing domestic equipment and weapons for conducting military operations that have no analogues;
- services are provided during an emergency;
- the state fund is replenished with cultural values;
- when purchasing products or services from the penal system in order to provide jobs for prisoners;
- purchasing works of art from the author or rights holder;
- obtaining assistance in organizing membership in various events that are held for a group of government agencies;
- when purchasing services related to the imminent arrival of representatives of government agencies from abroad;
- when purchasing a set of services related to technical and copyright supervision;
- acquisition of goods necessary for the continued operation of places under state protection;
- when purchasing medications, etc.
What is a declaration of membership in the SMP
The declaration of affiliation with small businesses is a document used to participate in government procurement. It is somewhat of an advantage when it comes to identifying the best supplier.
Moreover, during state tender sometimes only applications from small companies are accepted for the role of participants business organizations. In this situation, providing the required document is not preferable, but mandatory.
When an auction is held in electronic format, suppliers’ belonging to small businesses is also confirmed by means of a declaration attached to the application for participation.
Where can I get a declaration form?
Unfortunately, today in Russia there is no body responsible for issuing declarations of this type. Just as there is no standardized form for suppliers to fill out. The participants compile the paper independently, in free form.
There is also no need to officially certify the document in third-party organizations, such as notary offices. This procedure is again entrusted to the company filling out the paper, and it is necessary to indicate:
- seal;
- manager's signature.
What is indicated in the declaration of affiliation with small businesses
You can prove that an entrepreneur belongs to the required category by declaring a form in your own style, however, there is a list of criteria that must be indicated in it, confirming that the company is in the small business sector.
Note! The criteria by which the status and affiliation of a company are determined are constantly changing. Replacements and additions are made on a regular basis. For 2017, this list of requirements is valid, related to the quantitative composition of companies and the amount of income they receive excluding value added tax.
Table 1. Criteria for applying
| Index | Microenterprise | Small business | Medium enterprise |
|---|---|---|---|
| Average for the previous year | no more than 15 people | no more than 100 people | no more than 250 people |
| Revenue limit for the previous year | 120 million rubles | 800 million rubles | 2 billion rubles |
| State participation share in LLC | no more than 25% | no more than 25% | no more than 25% |
| Participation of foreign or other (non-SME) organizations | no more than 49% | no more than 49% | no more than 49% |
If the company's criteria coincide with those above from the table, take the application for participation in the tender to the reception point. It is best to choose those auctions where buyers will treat small business representatives with affection, that is, in fact, this will be an advantage.
According to Federal Law No. 44, which stipulates the parameters of the system for concluding contracts between state and municipal structures and suppliers for the purchase of goods, organization of work or provision of services, to meet the needs of the above buyers, confirmation of compliance with certain business criteria is mandatory.
There was no need to establish a unified form for this, so no time was devoted to its development. It is simply necessary that the text contained within it contains confirmation of compliance with the conditions presented by the organizers.
Legislative changes that occurred in 2016
Do not rush to get scared, all the simplified conditions for drawing up a declaration remain in force. However, in 2016, a register came into operation, which is a unified state code containing information on small and medium-sized businesses belonging territorially to Russia. Now it is possible to obtain from it data regarding compliance with the criteria presented in relation to companies required to participate in public procurement. To do this, government purchasers do not have to consider the declaration separately and do not even need to personally receive an envelope with documents.
The necessary information is available online and is accessible to anyone. Finding them is extremely easy.
- Open your browser.
- Enter a request in the form of a taxpayer identification number or the full name of an individual business into the search or address bar.
- Follow the link and study the necessary information.
In order to further supplement this set of data on small and medium-sized business entities, entrepreneurs need to contact the tax office to which they belong and provide the information of interest to the authorities. They are transmitted to the addressee in the form of a document in electronic format, which is signed not with a handwritten signature, but assigned and confirmed by the citizen electronic signature. To get one, you need to register on the portal public services, and then confirm your identity at one of the city points. Entrepreneurs will be able to find contacts for sending the form on the official website of the Federal Tax Service of Russia.
As a result of communication with tax officials, the information expressed is included in the register. This happens through its addition by service specialists. When downloading, you will receive a document in one of the following formats:
- .pdf;
- .xlsx.
- full name of the company;
- Full name of the individual entrepreneur who created it;
- location of the company;
- attitude to one of the categories of small and medium-sized businesses;
- all data from the all-Russian species classifier economic activity, namely the codes chosen by the entrepreneur at the stage of opening the office.
At the personal request of the individual entrepreneur, you can include in the code contact information, for example, the organization's phone number or the boss's cell phone, as well as describe what products the company produces, and whether it has previously participated in government tenders, in addition, successful or unsuccessful finishing in case of a positive answer.
According to the government decree of July 2016, it is mandatory to provide a declaration confirming membership in a certain category business entities, is cancelled. Now the main thing is to provide an extract from the register. The law also abolished the right to demand this confirmation from the customer, but only if information from the register was provided. Otherwise, it is better to fill out the required declaration, otherwise the company will not see a place in the state auction, because without information from the unified state code it will be impossible to identify the entrepreneur.
If you don’t know whether your data is included in the register, it’s better to prepare a declaration, especially since there are no difficulties associated with this process.
Let's sum it up
This declaration, in a sense, is simply a godsend for entrepreneurs who want to participate in government procurement and, at the same time, are poorly versed in filling it out various forms established by law. It can be filled out in free form, while only following the general instructions for fitting data into the list established by the government. Read it carefully and get to work. As an example, you can use the sample presented in the picture in this section. Good luck with the government auction!
Video – Auction documentation, explanation of provisions
Information about organizations and individual entrepreneurs that correspond to their classification as small or medium-sized enterprises is subject to inclusion in the Unified Register of Small and Medium-Sized Enterprises. We talked in more detail about maintaining such a register and the information reflected in it in a separate section. What is meant by a certificate of belonging to a small and medium-sized enterprise (SMB) or an extract from the SMB?
Extract from emergency medical service
Information about small and medium-sized enterprises, which is contained in the register, is posted and updated on the 10th of every month on the official website of the Federal Tax Service in a special section. Posted information is publicly available for 5 calendar years following the year of publication of such information on the website (Part 9, Article 4.1 of the Federal Law of July 24, 2007 No. 209-FZ).
Confirmation of the affiliation of an organization or individual entrepreneur with a small and medium-sized enterprise is made by the interested party when he or she accesses the register (Letter of the Federal Tax Service dated 08.08.2017 No. GD-4-14/15554@). To do this, on the website it will be enough to indicate one of the details of the organization or individual entrepreneur: TIN, OGRN, OGRNIP, name of the organization, full name. IP.
Information from the register generated on the Federal Tax Service website can be exported to Excel or saved in PDF format. Such pdf information is signed with an enhanced qualified electronic signature and has legal force in accordance with paragraphs 1 and 3 of Art. 6 of Federal Law dated 04/06/2011 No. 63-FZ.
Issue tax inspectorates similar information in paper form with an original signature and seal is not provided.
Certificate of small business entity: sample
But if an organization or individual entrepreneur participates in the procurement of goods, works, services certain types organizations in accordance with the norms of the Federal Law of July 18, 2011 No. 223-FZ, then to confirm the status of a small or medium-sized enterprise it will be sufficient either to fill out and submit a declaration, or to submit it on paper or in the form electronic document extracts of the SMP from the website of the Federal Tax Service (Regulations, approved by Government Decree of December 11, 2014 No. 1352).
Reading time: 6 min
Participants in procurement under 44-FZ and 223-FZ must confirm their compliance with the tender requirements. To do this, they submit declarations of conformity as part of applications for participation in procurement.
Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.
Concept
Declaration of Conformity uniform requirements– this is a document that must be attached as part of the application for participation and confirms compliance with the requirements of the procurement documentation. The need to declare their compliance with certain rules applies to procurement participants within the framework of the law on contract system, as well as on individual legal entities. This is due to the fact that participants under both 44-FZ and 223-FZ are subject to general requirements.
To participate in procurement under 44-FZ, suppliers submit one of the declarations:
- Declaration of conformity with uniform requirements for participants.
- Declaration of confirmation of the country of origin of goods(if the goods are purchased according to the requirements).
- Declaration of the company's affiliation with small businesses or socially oriented NPOs.
The first type of this document is submitted by all participants who plan to compete for victory in tenders. The requirements for them, which are presented by customers, are divided into uniform, additional and optional.
Declaration of affiliation with small businesses is a special document that is used by representatives of small businesses when participating in state and municipal auctions.
Why is a declaration needed?
Numerous innovations in the field of public procurement have not affected the state requirements for working with entrepreneurship. Government customers are required to enter into government contracts with small businesses and socially oriented non-profit organizations. There should be at least 15% of the total volume of purchases among small businesses. In order to participate in procurement with such restrictions, you need to prepare a sample SMP declaration under 44-FZ 2020.
Who belongs to the SMP
To entity or individual entrepreneurs could be classified as small businesses, they must meet certain criteria. The requirements are regulated by Law No. 209-FZ of July 24, 2007. A sample for an individual entrepreneur’s declaration of SMP under Federal Law 44 of 2020 can be drawn up based on these criteria, that is, it can be shown that the organization complies with them. The table contains information that will help you understand who is considered a small and medium-sized enterprise.
| Criteria for inclusion in the SMP | Microenterprise | Small business | Medium enterprise |
|---|---|---|---|
| Average number of employees (for the past calendar year) | no more than 15 people | no more than 100 people | up to 200 people |
| Income from entrepreneurial activity(for the past calendar year) | no more than 120 million rubles | no more than 800 million rubles | no more than 2 billion rubles |
| Share of participation of foreign persons | No more than 49% | ||
| Participation share of persons other than NSR entities | No more than 49% | ||
| Status of the Skolkovo project participant | Available | ||
| Presence of founders of organizations providing state support for innovation activities | Available | ||
Cannot apply for the status of a small business entity individuals. The law defines a closed list of persons who are assigned this status.
Who are SONO
Socially oriented non-profit organizations act in accordance with Law No. 7-FZ of January 12, 1996. Not all non-profit organizations are socially oriented.
According to the rules of Art. 2 and art. 31.1 7-FZ they must deal with:
- social services and support for citizens;
- providing assistance to victims of natural and man-made disasters;
- security environment and animal protection;
- activities in the field of education, science, art, healthcare;
- providing legal assistance on a preferential or free basis.
How to prepare a declaration of ownership
44 of the Federal Law does not contain a sample declaration of a small business entity, as well as requirements for it. In 2020 in e-procurement There is no longer any need to draw up a sample declaration of membership in a small business. Now this document is generated on electronic platforms automatically. For example, to confirm that you belong to a small business at the RTS-Tender, when submitting an application, you need to click on the button “Generate a declaration of SMP affiliation” or “Generate a SONO declaration.” The procedure is the same at other sites.
But not all purchases were transferred to electronic view. The right to purchase in paper form remains only for:
- ensuring the customer’s activities abroad (Article 75, 111.1);
- providing emergency, emergency ambulance medical care(Article 76);
- providing humanitarian assistance, eliminating the consequences of natural and man-made emergency situations (Articles 80, 82);
- closed procedures (Article 84);
- orders by decision of the Government of the Russian Federation (Article 111).
If you participate in such purchases, you will have to develop and sign a sample declaration of affiliation with the SMP under 44 Federal Laws of 2020 in a living form. The template for this document can be found in Government Decree No. 1352 of December 11, 2014 on procurement among small businesses by certain types of legal entities.
This form is not required to be used. You can confirm your status in any form. For example, as a sample of the SMP declaration under 44 Federal Law of 2020, you can use an extract from unified register SMP. It is led by the federal tax service. This list includes all organizations and individual entrepreneurs that have this status. When considering applications from participants, customers need to check whether they belong to small businesses. To do this, just enter the TIN or the name of the applicant into the search bar. After this, an extract from the SMP register will be available for download.
You only need to declare your status as a small business in the event of bidding, the documentation for which is marked “for NSR entities.” In other cases, this status does not provide any benefits.
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