Declaration of conformity of the participant to the uniform requirements sample. How to compose on paper

Declaration of compliance of the participant with the procurement requirements

The obligation of the procurement participant to submit a declaration of conformity as part of the tender documentation package is established by the provisions of paragraph "d" part 2 of Art. 51 of the law "On contract system…” dated April 5, 2013 No. 44-FZ. Full list the requirements that the procurement participant must comply with are defined in paragraphs. 1, 3-9 h. 1 tbsp. 31 of the said law.

Obviously, when submitting a declaration, the participant must meet the established requirements not only on paper, but also in reality. In the event that the tender commission establishes the existence of any inconsistencies, the submitted declaration will be considered unreliable, and the application for participation in the procurement will be rejected.

IMPORTANT! On January 9, 2017, the Law “On Amendments…” dated December 28, 2016 No. 489 came into force, according to the provisions of paragraph 7 of Part 1 of Art. 31 of Law No. 44 limited the opportunity to participate in procurement legal entities, chief accountants and heads of which were convicted of economic crimes. At the same time, clause 7.1 was introduced, according to which legal entities that have been brought to administrative responsibility over the past 2 years for giving illegal rewards are not allowed to participate in the procurement. This information, among others, must be reflected in the documentation prepared for participation in the tender. The absence of such information in the declaration is the basis for its rejection.

Declaration of conformity of the procurement participant - sample filling

The customer can develop the declaration form independently and attach it to the procurement description along with other documentation. In this case, the potential procurement participant must fill out this particular form, without deviating from the regulations specified by the customer. If there are no clear requirements for the declaration, it can be drawn up and filled out by the participant on his own.

An example form of a declaration of conformity is as follows:

DECLARATION OF CONFORMITY

Moscow, 05.03.2017

By this letter, PJSC "Sportinventory" declares that it complies with the following requirements of the current legislation, as well as the requirements of the Procurement Documentation.

General Director of PJSC "Sportinventory" Aleksutochkin I. A.

The list of requirements that the organization complies with should be fully borrowed from paragraphs. 1, 3-9 h. 1 tbsp. 31 of law no. 44.

So, the declaration of compliance of the procurement participant with the requirements is one of the mandatory components of the package of documents provided to the customer at the stage of filing an application for participation in the auction. It must contain confirmation that the applicant company complies with all requirements established by the provisions of the current legislation. The declaration can be drawn up in any form, except for those cases in which the customer himself develops the structure of the document and attaches its sample to the description of the purchase.

Changes to 44-FZ, which entered into force in 2018, also affected the declaration of compliance of the procurement participant with certain requirements. Let's bring new pattern declarations of compliance of the procurement participant with the requirements.

1. Declaration is a prerequisite

When bidding different ways customers establish a number of conditions, compliance with which the participant must confirm by declaring, which is a prerequisite for participation in the auction. This rule applies to both 44-FZ and 223-FZ, since there are so-called "uniform requirements" that apply equally to bidding in accordance with the Law on the contract system, and for tenders held on the basis of the Law on Procurement certain types legal entities.

Please note that the information submitted during the declaration must be valid, since the customer can check them, and if it is found to be unreliable, he is obliged to remove the participant (part 9 of article 31).

If we turn to the norms of Federal Law No. 44, we can notice the conditional allocation of two types of declaration:

declaration of conformity with the uniform requirements for procurement participants;
about the candidate's belonging to small businesses (SMEs) or socially oriented non-profit organizations(SONO).

The first type of application implies that the person who wishes to take part in the tender complies with the provisions of paragraphs. 3-10 hours 1 tbsp. 31 of the Law on the contract system. We talked about this in more detail in the article on the requirements for procurement participants.

The second type of proclamation is the declaration of ownership. This condition is enshrined in articles 51, 66, 73 of the Federal Law No. 44. Federal Law No. 209-FZ establishes the criteria by which a person can be attributed to the subjects of the SMP. At the same time, in accordance with the joint Letter of the Ministry of Economic Development and the Federal Antimonopoly Service of 04.04.2014, the submission of other documents as part of the application that confirm the status of the NSR or SONO, except for the declaration of belonging to the subject of the NSR, is not provided. So, if the customer rejected the application, which contained the declaration of such information, he may be subject to administrative liability in accordance with the norms of the Code of Administrative Offenses of the Russian Federation.

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2. Changes in the declaration form in 2018

From January 09, 2018, new changes entered into 44-FZ, which affected the declaration. First of all, it is necessary to pay attention to the introduction of a new clause, which refers to uniform requirements and is subject to mandatory declaration by the tender participant (clause 7.1 of part 1 of article 31 of the Federal Law-44): only legal entities are allowed to participate, which within two years before the moment participation in the procurement were not held administratively liable for illegal remuneration on behalf of a legal entity (Article 19.28 of the Code of Administrative Offenses of the Russian Federation).

Also, paragraph 7 of part 1 of Art. 31 of Federal Law No. 44: the offenses of the Criminal Code are specified, a conviction for which will not allow participation in the tender:

illegal participation in business activities;
receiving and giving bribes;
mediation in bribery.

3. Video instruction on how to prepare documents for the tender

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When compiling the second part of the application for participation in public procurement, mainly such as an electronic auction, the Customer requires a declaration of compliance of the electronic auction participant with the requirements established by paragraphs 3-9 of part 1 of Article 31 of Federal Law No. 44-FZ. It is enough just to rewrite the paragraphs of Article 31 of Federal Law No. 44 and agree with the requirements. Something like this:

Declaration of Conformity 3 - 9 Part 1 Article 31

By this Society with limited liability The "Firm" (hereinafter referred to as the Procurement Participant) declares that it complies with the following mandatory requirements:
1. compliance with the requirements established in accordance with the law Russian Federation to persons engaged in the supply of goods, performance of work, provision of services that are the object of procurement;
2. 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;
3. non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on administrative offenses, on the date of filing the application for participation in the procurement;
4. the procurement participant has no arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferral, installment plan, investment tax credit is granted in accordance with the legislation of the Russian Federation on taxes and fees, which 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 and 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 has filed an application for appealing against the specified arrears, debts and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer);
5. the absence of the procurement participant - an individual or the head, members of the collegiate executive body or the chief accountant of a legal entity participating in the purchase of convictions for crimes in the economic sphere (with the exception of persons whose convictions have been canceled or expunged), as well as the non-application of punishment against these individuals in the form of deprivation of the right to hold certain positions or engage in certain activities, which 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;
6. Possession by procurement participants 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 distribution or showing of a national film.
7. the absence of a conflict of interest between the procurement participant and the customer, which means 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, CEO, manager, president and others), members of the collegial executive body of the economic company, the head (director, general director) of the institution or unitary enterprise or other management bodies of legal entities - participants in the procurement, with individuals, including those registered as an individual entrepreneur - participants in the procurement or are close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren), full-blooded and half-blooded (having a common father or mother) brothers and sisters), adoptive parents or adoptees of the indicated individuals. For the purposes of this article, beneficiaries are understood to mean 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 entity or a stake exceeding ten percent in the authorized capital of a business entity.
8. The procurement participant is not an offshore company.
9. the absence in the register of unscrupulous suppliers (contractors, performers) of information about the auction participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the auction participant - a legal entity.

In July 2018, 44-FZ changed a lot. The amendments also affected the sample of the new declaration of compliance of the participant with the requirements of 44 FZ, since part 1 of article 31 of 44-FZ was supplemented with one more paragraph 11. There was a condition that the supplier has no restrictions on participation in public procurement.

From 07/01/2018, they were allowed not to draw up a document on paper. Now a special checkmark has appeared in the application form on the trading platform. Check it out to declare conformity requirements and do not draw up a separate document.

Who is eligible to participate in the procurement

An individual entrepreneur, legal or individual that meet all the conditions of No. 44-FZ.

Performance general conditions, which are established by law for contractors, suppliers of goods and services for state and municipal needs, must be confirmed with certain documents (license, SRO admission, etc.) and a sample declaration of compliance of the participant with the uniform requirements must be drawn up.

General requirements for procurement participants

44-FZ stipulates what conditions individuals and legal entities who want to become a contractor or supplier of goods for state and municipal needs must meet. All of them are included in the sample declaration of conformity with the requirements of Article 31 44-FZ 2020:

there is no liquidation procedure;
there are no decisions of the arbitration court on declaring insolvent (bankrupt) and on opening bankruptcy proceedings;
activity has not been suspended;
there are no arrears on taxes, dues, debts for the past calendar year, the amount of which exceeds 25% of the book value of the assets of a legal entity or entrepreneur;
no conflict of interest with the customer;
the applicant has exclusive rights to the results of intellectual activity;
there is no offshore company status;
an individual or officials of a legal entity (manager, chief accountant, members of the board, etc.) have no convictions 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. It will be a mistake if you establish a correspondence between the participants in criminal proceedings and persons who have an outstanding or unexpunged conviction, since persons in the status of accused or defendants under Article 44-FZ of the Criminal Code of the Russian Federation have the right to participate in procurement;
non-application against individuals (including officials of a legal entity-contractor or supplier) of punishment 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;
there are no facts of bringing legal entities to administrative responsibility for illegal remuneration on behalf of a legal entity (Article 19.28 of the Code of Administrative Offenses of the Russian Federation) within two years prior to the submission of an application for participation.

Compliance with the above requirements must be confirmed by a declaration of conformity of candidates general requirements. To confirm compliance, it is not necessary to prepare a separate document for each sub-item of the list. One is enough, which lists all the points. A separate declaration on the absence of unscrupulous suppliers 44-FZ in the register is not needed. The customer does not have the right to request additional documents confirming compliance with the law.

How to draw up a declaration of conformity of the participant with the requirements

The law on the contract system does not contain a direct indication of the form and content of the document. It is allowed to compose in free form. The main thing is to reflect all the necessary information. Electronic auction- the most common method of bidding, therefore, as an example, we present the declaration of conformity of the auction participant, clause 3-9, part 1, article 31 of the 44-FZ, taking into account the latest changes.

Many would like to work with state or municipal orders commercial organizations. After all, by concluding a contract with a customer financed from the budget, and fulfilling its obligations in a timely manner, the company is guaranteed to receive payment for its work, since such contracts are concluded only if there are funds for this.

However, entrepreneurs are often afraid to participate in tenders, considering this area to be completely corrupt, and the tender procedures themselves too confusing.

In most cases, both the first and second opinions are wrong: participation in public procurement is not a very difficult procedure. True, in order to participate in the auction, an organization or an entrepreneur must meet a number of requirements.

What does FZ-44 say

The fundamental normative act governing procurement in public sector, is the federal law 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", adopted in 2013 and effective from January 1, 2014. More often and more commonly, this law is referred to as the Law on the Contract System, or simply FZ-44.

Despite the rather large volume and dryness of the wording, a large number of references from article to article, this normative act defines in detail and clearly the entire procurement process for state employees (both financed from the budget of the Russian Federation, budgets of the regional and municipal levels).

He establishes:

Principles and purposes of such purchases;
Requirements for bidders;
Requirements for the preparation of procurement documentation by customers (with detailed description the goods/works/services required by the customer, the price he is willing to pay and the draft contract to be concluded with the winning bidder);
Order of conduct various kinds procurement (auctions, competitions, requests for quotations and proposals);
Opportunities for procurement without bidding (at sole supplier/contractor/performer);
Features of procurement through electronic trading platforms (ETP), registration of bidders on them;
The exact procedure for concluding a contract with the winner in the procurement, the procedure for its execution and changes (allowed only in certain cases);
Responsibility for violations committed by both the customer and the supplier.

It should be noted that procurement legislation is also based on the provisions of the Budget Code, Civil Code, the Law on Competition, other laws, but it is FZ-44 that establishes special rules for bidders.

A webinar on public procurement in accordance with Federal Law-44 is presented in the following video:

What is a declaration of conformity and why is it needed

As you know, there are auctions electronic (these are auctions held on the ETP), and ordinary , for participation in which it is not necessary to be accredited on the trading platform (competitions, requests for quotations, offers).

Despite the difference in the procedure for conducting types of procurement and in the documentation that the customer draws up for this, in any case, or who wish to participate in the auction, must correctly and accurately fill out the application for participation.

In addition to the actual offer of goods/works/services required by the customer, consent to fulfill the terms of the contract attached to the procurement documentation, the participant must provide some specific information about himself as a potential supplier/executor/contractor under the state contract, declaring its compliance with the established conditions.

The need to provide such information is established in Art. 31 FZ-44. This article regulates the uniform requirements for participants, regardless of the type and cost of the purchase, the organizational and legal form of the person applying for the conclusion of the contract.

So, in order to participate in the auction, you must meet the following requirements:

Not to be in the stage / / of bankruptcy proceedings;
The activity of the applicant should not be suspended by decision of the administrative authorities (on the day of application);
There should be no arrears or debts on various payments, taxes, etc., exceeding ¼ of the value of the participant's assets according to accounting data for the previous reporting period. There is an important clarification to this requirement - except in cases where a deferral / installment plan for the payment of these payments has been legally granted, or these payments have already been executed, or the decision on their collection by the participant is being appealed in the arbitration court);
The absence of the management of the company or the participant-individual, punishment in the form of deprivation of the right to engage in any activity related to the subject of the procurement, or to hold a certain position;
If the purchase is related to intellectual property rights, the participant must have such rights;
No conflict of interest between the customer and the procurement participant. This usually means either kinship, marital relations, or participation of the procurement parties in the same organizations on the right of membership (for example, the head of the customer's organization is at the same time a co-founder of the company claiming to conclude a contract).

Specified Requirements must guarantee the fact that the organization or entrepreneur is sustainable and able to fulfill its obligations under the contract. That is why the customer presents them in accordance with FZ-44 to any participant in any procurement conducted in accordance with the Law on the contract system (with the exception of small purchases worth up to 100 thousand rubles, which can be concluded in a simplified manner, according to Article 93 FZ-44).

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What must the bidder declare?

FZ-44 in Art. 31 establishes that other requirements may also be imposed on applicants for concluding a contract for state needs: on belonging to a small business, to non-profit (that is, not created for profit) organizations, other additional requirements (in particular, they can be established by a special decree of the government of the Russian Federation).

Also FZ-44 gives customers the right(and the customer uses this right 100%) not to allow those organizations / entrepreneurs that are included in a special register of unscrupulous suppliers to bidding. This registry is publicly available on the public procurement website (more recently - EIS), and even if such an organization submits its bid, and offers best conditions execution of the contract - it will be rejected from participation in the auction.

Depending on purchase declarations may be required:

Compliance with the uniform requirements for participants;
Belonging to a small business/non-profit organization.

In any case, compliance is confirmed in a declarative form that does not require support by any additional documents or information.

Rules for issuing a declaration of conformity

Interestingly, FZ-44 does not establish a special form for the declaration of conformity, and other regulations it is not approved. This is just a document, in a declarative, declarative form announcing that that the procurement participant complies with all requirements established by law and procurement documentation.

Design methods declarations:

Prepare a document in any form, but repeating the requirements listed in part 1 of article 31 of the Law on the contract system;
Copy part of the tender/auction documentation of the customer about the requirements for the participant, replacing the words "must comply" with "complies".

Calling the document a declaration or not calling it is not a fundamental point, the main thing is the presence of the document itself as part of the application for participation.

It is important to know that the law the customer is not allowed to demand from the participant not provided for by Art. 31 compliance details. Otherwise, it threatens the customer with administrative punishment, recognition of the purchase as inconsistent with the law and its cancellation. Therefore, even if excessive requirements are included in the documentation, they can not be declared, and the purchase itself can be appealed to the control body (as a rule, this territorial administration Federal Antimonopoly Service of the Russian Federation).

What documents are required for the declaration

Often, procurement participants, wishing to confirm the declaration of conformity, include additional documents in their application (for example, for the past period, tax declarations (and other documents). This should not be done, since documents not provided by the customer in the procurement documentation are not are considered.

You should be aware that the absence of the declaration itself is a reason for rejecting the participant's application as a whole. Opportunities to additionally submit a declaration after the rejection of the application, the law does not provide. That's why important to get it right such a simple document as a declaration of conformity at the stage of preparation of the application, and remember that for providing false information about compliance (if they are revealed), the customer is obliged to refuse to conclude a contract with the participant who submitted the false declaration, even if he is recognized as the winner in the procurement procedure.

The features of the public procurement procedure from a single supplier in accordance with 44-FZ are described in the following video: