The document that is filled out by SMP employees is called. Declaration of belonging to the NSR: how to take part in public procurement. Guidelines for filling out a declaration of belonging to SMP for llc and ip

Greetings, dear colleague! In today's short article we will talk about declaration of conformity of the procurement participant with the requirements of 44-FZ . Since my support service often receives letters with similar questions, I decided to write this article and answer all the questions at once. ( Note: this article was updated on April 26, 2019).

1. What is a declaration?

I propose to start by defining the meaning of the word “declaration”.

The meaning of the word "declaration" according to Financial Dictionary:

Declaration — statement, announcement, document proclaiming some provisions (principles) or containing certain information.

2. Two "kinds" of declarations

The Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” requires procurement participants to provide two "kinds" of declarations :

First view: Declaration of conformity of the procurement participant with the requirements established in accordance with clauses 3-9, 11 of part 1 of article 31 of 44-FZ (This requirement is established in p.p. "G" p. 1 h. 2 art. 51; p. 3 h. 6 art. 54.4; p. 7 h. 3 art. 73; p.p. "a" p. 4 h. 9 Art. 82.3; Clause 3, Part 9, Art. 83.1; p. 2 h. 5 art. 66 );

Second view: Declaration of belonging of the procurement participant to small businesses or socially oriented non-profit organizations (This requirement is established in p.p. "and" p. 1 h. 2 art. 51; p. 7 h. 6 art. 54.4; p. 7 h. 5 art. 66;p. 5 h. 3 art. 73; p.p. "b" p. 4 h. 9 Art. 82.3; p.8 h. 9 art. 83.1 ).

2.1 Declaration of conformity

And so, we have determined that, according to the requirements of 44-FZ, there are two “types” of declarations. Let's start from the first "Declarations of Conformity..." .

In this declaration, the procurement participant must confirm to the customer its compliance with the requirements established by paragraphs 3-9, 11 of part 1 of Article 31 of the 44-FZ, namely:

- non-liquidation of a procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of a procurement participant - a legal entity, or individual entrepreneur insolvent (bankrupt) and about opening bankruptcy proceedings(clause 3, part 1, article 31);

— non-suspension of the activities of the procurement participant in the manner prescribed by the Code Russian Federation about administrative offenses, on the date of filing an application for participation in the procurement (clause 4, part 1, article 31);

- the procurement participant has no arrears in taxes, fees, debts on other mandatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferment, installment plan, investment tax credit is granted in accordance with the legislation of the Russian Federation on taxes and fees, which are restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into force on recognizing the applicant's obligation to pay these amounts as fulfilled or which are recognized as uncollectible in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the balance sheet value of the assets of the procurement participant, according to financial statements for the last reporting period. The procurement participant is considered to comply with the established requirement if, in accordance with the established procedure, he submitted an application for appealing against the specified arrears, debts and a decision on such an application was not accepted as of the date of consideration of the application for participation in determining the supplier (contractor, performer) (paragraph 5 of part 1 article 31);

- absence of the procurement participant - an individual or the head, members of the collegiate executive body, a person acting as the sole executive body, or the chief accountant of a legal entity participating in the purchase of a criminal record for crimes in the field of economics and (or) crimes provided for in Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons who have such the conviction has been extinguished or removed), as well as the non-application of punishment in respect of these individuals in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the supply of goods, performance of work, provision of services that are the object of the ongoing procurement, and administrative punishment in the form of disqualification (clause 7, part 1, article 31);

- procurement participant - a legal entity that, within two years prior to the filing of an application for participation in the procurement, was not held administratively liable for an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation (clause 7.1, part 1, article 31 );

- the possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, except for the cases of concluding contracts for the creation of works of literature or art, performance, financing of the rental or showing of a national film (clause 8 of part 1, article 31);

- the absence of a conflict of interest between the procurement participant and the customer, which refers to cases in which the head of the customer, a member of the procurement commission, the head contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body economic society(director, general director, manager, president and others), members of the collegial executive body of a business company, head (director, general director) of an institution or unitary enterprise or other governing bodies legal entities- procurement participants, with individuals, including those registered as an individual entrepreneur, - procurement participants or are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full-blooded and half-blooded (having common father or mother) brothers and sisters), adoptive parents or adoptees of these individuals. For the purposes of this article, beneficiaries are individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business company or a stake exceeding ten percent in the authorized capital of a business company (clause 9, part 1, article 31).

- the procurement participant has no restrictions on participation in procurement established by the legislation of the Russian Federation (clause 11, part 1, article 31)

Templates of declarations of compliance of the procurement participant with clauses 3-5, 7, 9, 11 of part 1 and part 1.1 of article 31 of the Federal Law of 04/05/2013 No. 44-FZ can be downloaded from this link.

Note: In these templates, a clause was added on the compliance of the procurement participant with the requirements of part 1.1 of Article 31 of 44-FZ, namely: the requirement that the information provided for by this Federal Law be absent from the procurement participant, including information about the founders, members of the collegial executive body, the person performing functions of the sole executive body of the procurement participant - a legal entity.

At the moment, almost all customers indicate this requirement in the documentation for ongoing purchases. Therefore, it will not be a mistake to declare the compliance of the procurement participant this requirement together with compliance with the requirements of paragraphs 3 - 9, 11 of part 1 of article 31 within the framework of one document. If necessary, you can always make two separate documents from these templates.

2.2 Declaration of ownership

With the "Declaration of Conformity ..." we figured it out, now let's look at declaration of ownership procurement participant to small businesses or socially oriented non-profit organizations.

You can learn more about small businesses.

You can download the template of the declaration of compliance of the participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation” at this link.

To declare that a procurement participant belongs to socially oriented non-profit organizations, it will be sufficient to prepare a free-form document on the letterhead of the organization, indicating that the participant is a socially oriented non-profit organization.

According to the Letter of the Ministry of Economic Development of Russia N 7158-EE / D28i, FAS Russia N АЦ / 13590/14 of 04.04.2014, the need to submit other documents confirming the status of such a participant as a small business entity, socially oriented non-profit organization, 44-FZ is not provided.

If the participant did not include the relevant information in the application, the customer has the right to refuse this person, in particular, in admission to participation in the procurement. In the event that the customer refused admission to the participant whose application contained such a declaration, a fine of up to 30,000 rubles may be collected from the officials of the customer. (parts 2, 6, article 7.30 of the Code of Administrative Offenses of the Russian Federation).

If you still have questions about declarations of conformity or ownership within the framework of 44-FZ then ask them below in the comments to this article.

That's all. I wish you good luck and new victories!

Representatives of small businesses can confirm their priority right in public procurement only with a SMP declaration. What kind of document is this, how is it filled out and why is it needed, more on that below.

Purpose of the declaration of a small business entity

Law No. 44-FZ of April 5, 2013 the system of public procurement that was in force earlier was completely changed. Now small businesses have the right to participate in the auction on an equal basis with large ones - they have a special priority. But you need to prove your right to it. Just for this, a declaration of belonging to the NSR is provided. Its compilation is regulated by Article 51 of Law 44-FZ.

What information is reflected in the SMP declaration of conformity?

The following data shall be reflected in the declaration of belonging to small business entities.

Full name of the enterprise or individual entrepreneur in accordance with the registration data.
Actual location and address at the place of registration. If there is a difference between the legal and actual address, both are reflected in the declaration.
Determination of the category of the subject of the NSR (small, medium or micro).
Share in the authorized capital owned by budgetary organizations.
share big business and other structures not related to the SMP, in the authorized capital.
Average headcount for the previous year.
Total revenue for the past year.

The data must match the registration and reporting data (all of them are checked through the channels of the Federal Tax Service). Supporting documents are attached to the declaration only upon special request. They are not mandated by law.

How to fill out a small business entity declaration

There is no statutory form. This document is filled in free form. The most important thing is that it contains all the above information. It can be issued on a letterhead or a regular white A4 sheet. The data is presented in a list, table, or plain text of your choice. Mandatory details - seal and signature of the head, contact details.

Registration of the declaration in no way affects the preferences of the customer and the authorities controlling the auction. Since there are no strict requirements for it, this document cannot become a reason for exclusion from the auction.

Relevance of the SMP declaration of conformity

Since August 2016, the SMP declaration has lost its binding nature for those wishing to participate in the auction. It was replaced by information from the Unified State Register of Small and Medium Businesses, developed by tax service. The Government Decree No. 719 dated July 26, 2016 indicates the exclusion of the declaration from the package binding documents. Customers receive the information reflected earlier in it from the register of small businesses. Data on organizations and entrepreneurs are entered into it automatically - the Federal Tax Service takes care of this on its own.

But, situations are not ruled out when the information has not yet been entered, and the preparation for the auction has already begun. In this case, the SMP declaration is required. It entitles the performer to participate, and provides the customer with the necessary information.

SMP Declaration (Sample)

Declaration

on the affiliation of the bidder to small businesses in accordance with the provisions of Part 3 of Art. 30 FZ-44 of 04/05/2013

Hereby LLC "PARUS" TIN / KPP 777832645634/780701001, PSRN 1089847241549, Moscow, st. Tikhvinskaya, 103.____________________________________________________________

(participant name, TIN/KPP, OGRN, legal address)

in the face CEO Egorov Sergey Leonidovich _______________________________,

(position and full name of the head/representative of a legal entity or individual entrepreneur)

claims to belong to small businesses on the following grounds.

The total share of participation of the state and its subjects, municipalities, foreign organizations and citizens, public and religious associations, charitable and other foundations in the authorized capital - 42% (no more than the legal limit of 49%).
The average number of employees for the previous calendar year is 100 people (within the legal norm for small enterprises of 100 people).
Annual proceeds from the sale of goods (works, services) - 764 million rubles. (within the norm for a small business up to 800 million rubles per year).

The declaration was drawn up for participation in the procurement of electronic auction N_14-008 1958-04.

Supervisor

(or authorized representative)

_______________________________ "__" __________20__

The declaration is filled out in accordance with Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ, clause 11 of the Regulations, approved. Government Decree No. 1352 dated December 11, 2014, Order No. 262 of the Ministry of Economic Development dated May 31, 2017, clarifications from the Ministry of Economic Development.

In the declaration, depending on compliance with the criteria, it is necessary to confirm the assignment to small or medium-sized businesses. At the same time, in relation to the declarant, it is necessary to indicate:

name of the procurement participant;
location address;
TIN / KPP, number and date of issue of the certificate of registration;
OGRN;
information on compliance with the criteria for inclusion in the NSR, as well as information on manufactured goods, works, services and activities (in tabular form).

The declaration may be submitted on paper or in in electronic format. V paper form the declaration is completed in black, purple or blue ink. filling electronic form declarations must be made in capital letters in Courier New font, 16 to 18 points high.

Items 1 to 11 are required to be filled in the table.

In paragraphs 1 and 2, if the criteria specified in them are met, in column 5, “yes” or “does not exceed at the time of filling” is entered. If desired, in column 5, you can indicate the actual indicator.

SMEs that are not LLCs put dashes in the indicated columns.

In paragraphs 3 to 6, you must indicate “yes” or “no”, depending on the compliance with the conditions given in them.

In paragraphs 7 and 8, only cells 7-4 and 8-4 are filled, respectively, with actual values.

Clause 9 indicates information about licenses with a listing of all data from the Unified State Register of Legal Entities or EGRIP: series and license number, date of issue, date of commencement of validity, date of expiration, name of the licensed type of activity for which the license was issued, information about the address of the place of implementation of the licensed type of activity , the name of the licensing authority that issued or reissued the license, information on the suspension of the license, the state registration number and the date of making an entry in the Unified State Register of Legal Entities (EGRIP) containing the specified information. If there are no licenses, "none" is indicated.

Paragraph 10 of the table indicates data from the Unified State Register of Legal Entities or EGRIP with the transfer of OKVED2 and OKPD2 codes.

In paragraph 11, it is necessary to indicate the types of activities actually carried out, the goods produced by the NSR entities, the work performed, the services rendered, listing the OKVED2 and OKPD2 codes.

Inaccurate information in the SME declaration

Inclusion of false information in SME declaration may lead to:

removal of an SME participant from participating in the selection of a supplier (contractor, performer) or refusal to conclude a contract with the winner of the determination of a supplier (contractor, performer) at any time before the conclusion of the contract;
termination of the concluded contract with the recognition of the SME person as having evaded the conclusion of the contract;
adoption by the customer of a decision on unilateral refusal to execute the procurement contract;
inclusion of an SME person in the register of unscrupulous suppliers in the event of termination of the procurement contract.

The declaration of belonging to the SMP under 44-FZ confirms that the participant meets the criteria approved by the state and can participate in procurement with restrictions for small businesses. We will tell you more about this document in the article.

Do I need an SMP declaration under 44-FZ in 2019

You can confirm your involvement in the SMP and SONKO by submitting a declaration. This rule has not changed in 2019. But it is worth knowing that in 2018 Federal Law No. 313-FZ of August 3, 2018 came into force. Since then, a mandatory condition has been introduced that all small enterprises must be included in Single register subjects of small and medium business. One declaration is no longer enough. You need either only an extract from the register, or both.

The SMP declaration can be provided using the functionality electronic platform. That is, a separate document is theoretically not needed. However, many customers adhere to the position that no one has canceled the paper form, although administrative practice contradicts it. Therefore, we recommend that you still attach the declaration to the second part of the application.

SMP declaration form according to 44-FZ

There is no approved form for a declaration of belonging to the SMP according to 44-FZ. However, there is a sample according to 223-FZ (PP RF dated December 11, 2014 No. 1352). Public procurement participants can use it.

The declaration must indicate the name of the procurement participant, if it is a company, and full name, if it is an individual entrepreneur. The following is the wording that the participant meets the criteria of Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ and its category (small or micro enterprise).

Enter below:

legal address;
TIN/KPP;
OGRN.

After that, provide information on each criterion for referring to the SMP. It is more convenient to arrange the information in the form of a table.

How to fill out an SMP declaration under 44-FZ

In the table, indicate the values \u200b\u200bestablished at the federal level, and next to it - indicators for a specific small enterprise. For instance:

The total share of participation of the state or entity in the authorized capital is not more than 25%.

How SMEs can participate in procurement in 2019

Read what options small businesses have to participate in public procurement, how to work with registration in the EIS and what to look for in the procurement documentation of the customer.
From the article you will learn:
☆ What options for participation does the SMP offer contract system;
☆ How to work with registration under the new rules;
☆ What to look for in the procurement documentation.

Complete the following lines in the same way:

the share of participation in the Criminal Code of foreign legal entities (not more than 49%);
the share of participation in the management company of persons not from among the SMEs (maximum 49%);
number of employees on average last year (up to 100 for small businesses);
revenue excluding VAT for 3 years before filling out the declaration (maximum 800 million rubles).

Enter the required information in the following lines:

types of activities indicating the codes OKVED2 and OKPD2;
information about goods, works, services;
information about licenses from the state register.

Please select "yes" or "no" by completing the lines below:

whether the company's shares belong to the innovative sector of the economy;
the activity of the company consists in the implementation of the results of intellectual activity, the rights to which are owned by its founders;
whether the company is considered a participant in the Skolkovo project;
whether the founders are among the persons providing state support (their list is approved by the Government of the Russian Federation);
whether the products of the company's activities are high-tech;
whether the company participates in customer partnership programs with SMP (if yes, you need to specify the name of the customer);
whether government contracts were concluded last year (you will need to indicate the number and total cost);
is there any information about the SMP in the register of unscrupulous performers.

To bid on public procurement, suppliers must, according to the rules, draw up an important document - a declaration confirming their belonging to the small business segment. In this article, we will discuss what public procurement and a declaration of belonging to small businesses are.

State auction is a certain procedure for receiving federal orders from local and federal government agencies. Orders are filled with various needs, necessarily in large quantities. Not only goods are in demand, but also various works or services.

Since the state “gives the green light” to small businesses everywhere in our country, when participating in public procurement, it also enjoys some privileges that relate to the selection of a contractor or supplier. However, in order to prove involvement in this business category, the company is forced to provide documentary evidence - a declaration, the culprit of this article. When participating in the auction, it is necessary to prepare it for submission to the organizers along with other necessary papers.

Why do businesses need to participate in a tender from the state? Everything is simple. The fact is that they acquire two undeniable advantages for the company's leaps and bounds:

strong business reputation as a reliable contractor or supplier;
one-time receipt of payment for an order of a solid value.

As you can see, you can not only earn money and grow production capacity overnight, but also get the image of a company that you can trust, which means you can acquire many new partners and strengthen your market position.

To take part in the state auction, you should carefully collect the necessary package of documents that will legally confirm the legality of the activities carried out by the company. Then proceed to the consideration and preparation of 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 on a public tender. Before applying for participation, make a list of activities for the company that need to be implemented. Apply the following criteria to the list:

sequence of entered actions;
time frame for each event;
employees responsible for the implementation of each stage.

When drawing up a time plan, be sure to take into account the legal time frame, as well as the amount of actual time that will be required for the event.

A mandatory item on the list should be the careful preparation of the documents needed 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. The address details of the state organization-customer, which is the recipient of the documents, must be indicated on the envelope.

When purchasing goods from only one seller, the state structure may insist on the involvement of professional experts, individual specialists or entire offices that will check the quality of the goods of the entrepreneur. It will consist of:

evaluation of submitted documents;
verification of participants for compliance with the requirements set by the customer;
assessment of the quality of goods, services or works provided under the contract;
verification of the contract and the conditions of work described in it.

The customer usually decides to involve an expert at his own discretion, however, there are situations in which their participation is necessary:

when goods are purchased from a supplier selected in accordance with a decree issued by the President of the Russian Federation;
when carrying out work related to preparation for mobilization activities;
when acquiring domestic equipment and weapons for conducting military operations, which have no analogues;
the provision of services is carried out during the occurrence of an emergency;
the state fund is replenished with cultural values;
when purchasing products or services from the penitentiary system, in order to provide jobs for prisoners;
acquisition of works of art from the author or owner of the rights;
obtaining assistance in organizing membership in various events that are held for a group of government agencies;
when acquiring the provision of services related to the imminent arrival of representatives of state structures from abroad;
when purchasing a set of services related to the supervision of the technical and author's direction;
acquisition of goods necessary for the continuation of the work of places under state protection;
when buying medicines, etc.

What is a declaration of belonging to the NSR

Declaration of belonging to small businesses is a document used to participate in public procurement. It is sort of an advantage when it comes to determining the best supplier.

In addition, during the state tender, sometimes only applications from small companies are accepted for the role of participants. business organizations. In this situation, the provision of the required document is not preferable, but mandatory.

When holding an auction in electronic format, the supplier's belonging to a small business 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. As well as there is no unified form for filling out by suppliers. The preparation of the paper is carried out by the participants independently, in free form.

It is also not necessary to officially certify a document in third-party organizations, such as notary offices. This procedure is again entrusted to the company filling out the paper, and it is imperative to put down:

seal;
leader's signature.

What is indicated in the declaration of belonging to small businesses

You can prove that an entrepreneur belongs to the desired 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 ownership of a company is determined are constantly changing. Substitutions 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

Indicator	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 stake 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 match the above from the table, bring the application for participation in the tender to the reception point. It is best to choose those auctions where buyers will treat small businesses with friendliness, that is, in fact, this will be an advantage.

According to federal law No. 44, which specifies the parameters of the system for concluding contracts between state and municipal structures and suppliers, for the purchase of goods, the organization of work or the provision of services, to meet the needs of the above buyers, confirmation of ownership 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 just necessary that the text contained within it contain confirmation of compliance with the conditions presented by the organizers.

Legislative changes that took place 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 was put into operation, which is a single state code containing information on small and medium-sized businesses belonging to Russia. Now from it you can get data regarding compliance with the criteria presented in relation to companies needed to participate in public procurement. To do this, buyers from the state will not have to consider the declaration separately and do not even need to personally receive an envelope with documents.

The necessary information is on the network, access to them is open to everyone. Finding them is extremely easy.

Open a browser.
Type in the search or address bar a request in the form of a taxpayer identification number or the full name of an individual entrepreneurship.
Follow the link and read the information you need.

In order to implement a further addition to this set of data on subjects of a small and medium-sized business layer, entrepreneurs need to contact tax office to which they relate, and provide information of interest to the authorities. They are transferred to the addressee in the form of a document in electronic format, which is signed not with a handwritten signature, but appropriated and confirmed by a citizen electronic signature. To get one, you need to register on the portal public services, and then confirm the identity in one of the city points. Entrepreneurs will be able to find contacts to send 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 entered into 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 classifier of species economic activity, namely the codes chosen by the entrepreneur at the stage of opening an office.

At the personal request of the IP-shnik, you can include in the code contact information, such as the organization's phone or the boss's cell phone, and describe what products the company manufactures and whether it has previously participated in public tenders, in addition, a successful or unsuccessful finish in case of a positive answer.

According to the government decree of July 2016, the mandatory submission of a declaration confirming belonging to a certain category business entities, is cancelled. Now the main thing is to provide an extract from the register. The right to request this confirmation from the customer is also legally abolished, but only if information from the register was provided. Otherwise, it is better to fill out the desired declaration, otherwise you will not see a place in the state auction of the company, because without information from the unified state code it will be impossible to identify the entrepreneur.

If you don’t know if your data has been entered into the register, it’s better to prepare a declaration, especially since there are no difficulties associated with this process.

Summing up

This declaration, in a sense, is just a godsend for entrepreneurs who want to participate in public procurement and, at the same time, are poorly versed in filling out various forms established by law. It can be filled in in a free form, while only following the general instructions for fitting inside the data according to the list established by the government. Read it carefully and get to work. As an example, you can use the sample shown in the picture in this section. Good luck with your public auction!