Not less than 44 fz. Actual changes in the contract system for procurement participants. Where public procurement is carried out

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 compliance 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 — entity who, within two years prior to the date of filing an application for participation in the procurement, was not brought to administrative responsibility for committing 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, 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 be 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 (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 05.04.2013 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 the procurement participant belongs to socially oriented non-profit organizations, it will be enough to prepare a free-form document on the letterhead of the organization, in which to indicate 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 ATs/13590/14 of 04/04/2014, the need to submit other documents confirming the status of such a participant as a small business entity, a 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!

State procurements - big market for suppliers. In 2018 in the United information system procurement, public procurements with a total volume of more than 8 trillion rubles were published, of which more than 1 trillion rubles. given to small businesses.

Public procurement is regulated by federal law No. 44 “On the contract system”. It spells out all the rules for conducting the procurement procedure: from its planning, placement in the EIS to the fulfillment of all obligations under the contract.

Who can participate in public procurement

In procurement under 44-FZ, customers are state and municipal bodies and institutions, budget organizations. Any legal or natural person, including individual entrepreneurs, can be a participant in public procurement.

Organizations, individual entrepreneurs or individuals who:

• Are in the process of liquidation, at the stage of bankruptcy or bankruptcy proceedings.
• Have a debt of more than 25% of the book value of assets.
• Have a criminal record for economic crimes under Art. 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation.
• Brought to administrative responsibility under Art. 19.28 of the Code of Administrative Offenses of the Russian Federation (giving a bribe) within two years prior to the filing of the application.
• Have a conflict of interest with the customer or other procurement participant (close family ties).
• They are an offshore company.
• They are included in the register of unscrupulous suppliers.
• Subject to restrictions on participation in procurement established by the Government of the Russian Federation.

The participant must confirm that he can participate in public procurement and does not apply to any of the requirements above, on each electronic trading platform (ETP) where he participates in procurement.

Additional requirements for public procurement participants

Customers may present additional requirements for the qualifications of participants, their experience, business reputation, financial resources and equipment. Such requirements are established if the purchase concerns the reconstruction of a cultural heritage object, the construction of an object capital construction, repair of roads and other works from the list of the Government of the Russian Federation No. 99. The participant must confirm compliance with the requirements before submitting a purchase application - by attaching documents in personal account at the federal ETP.

The customer may require that the procurement participant meet the requirements for the performance of certain activities - have the appropriate license to carry out work, membership in self-regulatory organizations etc.

The participant must have a patent, license agreement or other confirmation of the rights to the results of intellectual activity. This requirement is mandatory if, under the contract, the customer receives the rights to the results of intellectual activity. Requirements are not established if, under the contract, the supplier creates or performs a work of literature or art, finances the distribution or screening of a national film.

Preferences for participants

Some participants in public procurement are provided with benefits or priority when considering applications. For example, government customers are required to conduct 15% of the total volume of purchases among small businesses (SMEs) and socially oriented non-profit organizations(SONKO).

In addition to SMP and SONCO, preferences in public procurement are provided to:

• institutions and enterprises of the penitentiary system,
• organizations of the disabled
• suppliers of goods from EAEU countries(Russia, Belarus, Kazakhstan, Armenia, Kyrgyzstan).

Procurement types

Government customers can purchase goods, work or services in 7 ways:

• open competition
• limited entry competition
• two-stage competition
• electronic auction
• request for proposals
• request for quotations
• purchase from sole supplier(carried out in cases limited by law).

Depending on the type of purchase, the winner is determined in one of two ways:

1. At the minimum price offered during the purchase - auction, request for quotations.
2. For the best combination of price and conditions contract execution proposed in bids or final proposals - in tenders and requests for proposals.

	What it takes to win	How to participate
Auction	lowest price	Submit an error-free bid, reduce the price at an online auction.
Competition		Send an application specifying the price, characteristics of the goods and other conditions for the execution of the contract with documents confirming them.
Quote request	lowest price	Send an application in which you agree to the terms of the contract, describe the goods and offer a price.
Request for proposals	The best combination of price and execution conditions	Send an application specifying the price, characteristics of the goods and other conditions for the execution of the contract with documents confirming them. Conditions can be improved once after opening all applications.

Also, customers under 44-FZ can hold closed tenders and auctions to purchase goods related to state secrets and ensuring the country's security, services for the State Fund of Precious Metals and Stones, bailiffs and judges. Information about such purchases is not published in the public domain, and the customer sends invitations to potential suppliers to participate.

Where public procurement is carried out

All purchases under 44-FZ are carried out in electronic form. They are held on eight federal electronic trading floors(ETP): EETP, RTS tender, Sberbank-AST, ZakazRF, NEP, Russian auction house, ETP GPB, TEK-Torg.

To participate in auctions under 44-FZ, you need to register with the EIS. It gives access to public procurement at eight federal ETPs, as well as to purchases for overhaul under 615-PP and tenders under 223-FZ for small and medium-sized businesses. Registration in the EIS is free and valid for three years.

Since the procurement is carried out in electronic form, an enhanced qualified signature is required to participate in them. You will need it to register in the EIS, send an application, participate in the auction and sign a contract.

Ensuring the application, contract and warranty obligations

When submitting a purchase order under 44-FZ, the participant must provide the application security. So he will confirm his intention to participate in the tender. The amount of the bid security depends on the size of the initial maximum contract price (IMCC):

• if the NMTsK is from 0 to 20 million rubles, then the application security is from 0.5 to 1% of the NMTsK
• if the NMCC is more than 20 million rubles, then the security is from 0.5 to 5% of the NMCC.

Security can be provided in cash or a bank guarantee. It will be returned to all participants after the winner is determined.

The winner of the purchase, when signing the contract, must provide security for the performance of the contract. So he confirms that he will fulfill his obligations under the contract. The size of the contract security is from 10 to 30% of the NMCC. You can provide it with money to the customer's account or with a bank guarantee. The customer will fully return the security if the supplier fulfills all obligations under the contract.

Also, the state customer may require the provision of warranty obligations. If such a requirement is established in the procurement, the customer can sign the acceptance certificate only after providing the security. The size of the security for guarantee obligations is no more than 10% of the NMTsK.

Reducing the initial price of the contract by 25%

If the contract with the winner is concluded at a price that is 25% or more lower than the NMTsK, then anti-dumping measures are applied to the winner:

1. In purchases from the NMTsK more than 15 million rubles. the winner must provide the contract security increased by 1.5 times.
2. In purchases from NMTsK less than 15 million rubles. the winner can provide either one and a half security of the contract, or confirm his good faith and provide security in the usual amount (indicated in the documentation). Good faith is confirmed by three contracts for the last 3 years, which were executed without penalty. At the same time, the price of one of the contracts must be at least 20% of the NMTsK current purchase.

In addition, if the NMTsK is reduced by 25% or more, the winner will not receive an advance payment if it was provided for in the purchase.

Register of dishonest suppliers

If a company is included in the Register of Unfair Suppliers (RNP), then it will not be able to participate in purchases under 44-FZ and other purchases if the customer establishes a corresponding requirement.

Reasons why the winner of the purchase can get into the RNP under 44-FZ:

• If he won the purchase (or became the only admitted participant in the purchase) and refused to conclude an agreement with the customer.
• The company won the purchase, but signed the contract later than the required time.
• The winner did not provide contract security, provided it late or with an error.
• If the contract is terminated by a court decision, because the winner has seriously violated the obligations under the contract.
• The customer decided to terminate the contract unilaterally.

At the same time, if the contract is terminated by agreement of the parties, then the company will not be included in the RNP. Inclusion in the RNP can be challenged in court.

Law 44-FZ explains in detail the rules of work for participants in public procurement, regulates the parameters when choosing a winner, obliges the customer to conclude a contract with the winner and pay for the goods on time. Therefore, it is suitable for beginners. But it must be remembered that violation of the requirements of 44-FZ at any stage of the procurement entails fines for the customer, and the participant is threatened with entering the organization into the register of unscrupulous suppliers.

15% of all purchases are made by state customers from non-profit socially oriented organizations.

What regulates 44-FZ?

• Planning, monitoring and audit of purchases.
• Selection of suppliers.
• Conclusion of contracts and their execution.
• Procurement control.

What does not regulate 44-FZ?

• Procurement of services from international financial institutions.
• Procurement of services for the state protection of judges, officials, court participants and other people.
• Purchases of precious metals and precious stones to replenish the State Fund.
• Procurement related to the support of facilities and information systems of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
• Procurement free help lawyer or defense in court.
• Procurement of election commissions for holding elections and referendums.
• Purchase participation fee.

Who adopts legal acts under 44-FZ?

• President of Russian Federation;
• Government of the Russian Federation;
• Federal executive authorities;
• "Rosatom";
• Roskosmos;
• State authorities of the constituent entities of the Russian Federation and local governments.

44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation

Principles of the contract system

Important definitions

State customer is an organization that needs goods and services and pays for the purchase. For example, hospitals, schools, universities, scientific institutes,

The supplier- a legal or natural person, including an individual entrepreneur, who participates in the procurement and supplies goods and services.

Zakupki.gov.ru- the website of the unified information system (UIS), where customers publish purchases and reports. The UIS has registers of all concluded contracts, unscrupulous suppliers, complaints about customers and other important information.

Initial contract price (NMC)- the cost of delivery of goods, which is set by the customer. NMC must be justified. Suppliers cannot offer a price higher than NMC.

Electronic marketplace- a site where customers place purchases, suppliers submit applications for participation in purchases, and electronic auctions are held.

Specialized electronic platform- a site with access via secure communication channels, on which closed purchases are carried out.

Application for participation- these are documents and information that the supplier submits in writing or electronically in order to participate in the procurement.

Unified Information System (UIS)

Now contains

• Information about purchases, the possibility of their search,
• contract templates,
• rationing rules,
• Information about market prices for goods,
• Procurement plans, schedules,
• Reporting on executed contracts,
• Register of unscrupulous suppliers.
• Unified registration and register of procurement participants.
• Unified catalog of goods, works and services.
• Publication of purchases according to RF PP No. 615 (overhaul).

Coming in 2020

• The system for fixing the actions of procurement participants in the EIS and at 8 federal ETPs.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the EIS and in another source is different, then the priority is on the information on the EIS.

Organization of EDI

Suppliers can apply for participation in procurement on electronic trading platforms. In cases determined by the government, electronic document management may also pass through the EIS. All documents are signed electronically:

• Customers receive electronic signature free of charge at the federal treasury. They work with her in the EIS and at the ETP.
• Suppliers need a signature to participate in e-procurement. Since July 1, 2018, the public procurement system has been using qualified signatures. Suppliers can obtain a signature from an accredited certification authority.

National Treatment

National treatment introduced to give advantages to suppliers Russian goods and goods from other member countries of the Eurasian Economic Community. More about him we.

Procurement methods

Depending on the source of income, government customers can make purchases under both 44-FZ and 223-FZ. According to 44-FZ, if the organization spends budget money. According to 223-FZ, if she spends her own and she has a provision on purchases.

Planning

Procurement plans*	Schedules
This is the basis for the schedules.	You cannot make a purchase that is not included in the schedule.
Identification code, Target, Object / objects, Volume financial support, Implementation timeline, Rationale, Information about technological complexity, which limits the choice of supplier, Whether public discussion of the purchase is necessary. It is required if the purchase is more than 1 billion rubles.	In the description of each purchase there is: Name, number, requirements for goods and participants, purchase method, NMC of each contract, Additional requirements for procurement participants, if any, The amount of security for the application and performance of the contract, Month and year of the purchase announcement, Information about the banking support of the contract, Application of procurement evaluation criteria, etc.
Formed for 3 years. This is the duration of the federal budget law.	Formed for the financial year.
Plans can be changed. They come into force within 10 working days after the approval of the budget. Published in the EIS, on their websites and in any printed publications within 3 working days after approval, unless they are a state secret.	They come into force within 10 working days after the approval of the budget. Published in the UIS within 3 working days after approval, if they do not constitute state secrets.
In the plan, you need to justify the object of each purchase in accordance with the standard costs.	In the schedule, you need to justify the NMC. Customers also take into account purchase quotas in various ways and must make 15% of all purchases from small businesses and socially oriented organizations.

* From October 1, 2019, customers will plan purchases only according to 3-year schedules, purchase plans will be canceled. Until the end of 2019, you still need to draw up a procurement plan and schedule.

When checking or following a complaint from a supplier, the FAS may recognize the purchase as unreasonable. Then it is corrected or cancelled. The perpetrators are brought to administrative responsibility.

All public procurements are standardized. The quantity, price, characteristics of goods and services are established by federal and local legislation of the Russian Federation.

Hello dear colleague! Surely, you perfectly understand the meaning of the term preference. This is a certain advantage or benefit that is given to someone. Such benefits may be provided to governments, businesses or organizations to support certain activities. 44-FZ also provides for a number of preferences, which will be discussed later in this article. We'll take a closer look at what these benefits are and who can benefit from them. So let's get started...

1. Preference: what does it mean according to 44-FZ?

The goal of Federal Law No. 44-FZ is not only to create an open and competitive environment when conducting public procurement, but also in supporting certain categories of suppliers who participate in these procurements.

According to the requirements of 44-FZ, preferential terms are provided for 3 categories of participants:

Let's now take a closer look at what preferences are provided for each category of participants.

2. Preferences for NSR and SONKO under 44-FZ

Before talking about the benefits for SMP and SONCO established by 44-FZ, I propose to understand in detail what kind of participants they are and what requirements they must meet.

Small business entities (SMEs) must meet the requirements of 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".

Firstly , the share of the Russian Federation in the authorized capital of the NSR should beno more than 25% , and the share of foreign jur. persons and legal persons (who are not SMEs) in the authorized capital should beno more than 49% .

Secondly , the average number of SME employeesshould not exceed 100 people inclusive.

Thirdly , revenue without VAT or book value of assetsshould not exceed 800 million rubles (Note: Income limits are determined by Decree of the Government of the Russian Federation No. 265 dated April 4, 2016).

We figured out the subjects of small business, we move on ...

Socially oriented non-profit organizations (SONKO) - organizations in the forms provided for by Chapter II of the Federal Law "On Non-Commercial Organizations" dated January 12, 1996 No. 7-FZ(excluding state corporations, state companies and political parties).

These organizations must carry out the activities listed in Article 31.1 of Law No. 7-FZ:

• social service, social support and protection of citizens;
• rendering legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect the rights and freedoms of man and citizen;
• measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons engaged in illegal consumption of narcotic drugs or psychotropic substances;
• etc. (total 18 activities).

Now let's look at the benefits that 44-FZ establishes for these categories of participants.

Purchasing volume

Customers are obliged to purchase from SMP and SONCO in the amountnot less than 15% total annual purchases (GPO). At the same time, such purchasesshould not exceed 20 million rubles (part 1 of article 30 of 44-FZ).

Important point: Participants who do not belong to this category cannot take part in the procurement.

Also, for Customers, Article 7.30 of the Code of Administrative Offenses of the Russian Federation provides for liability for non-compliance with the norms of the law on placing an order with SMP and SONKO.

According to Part 11 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the procurement of goods, works, services to meet state and municipal needs from the SMP, SONKO in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .

SMP and SONCO on subcontract

Customer during the purchaseRIGHT to install in the notice, a requirement for a supplier who is not an SMP or SONCO to involve subcontractors, co-executors from among the SMP, SONCO in the execution of the contract (part 5 of article 30 of 44-FZ).

Reduced payment terms under the contract

If the purchase is carried out only among the SMP and SONPO, then the contract includes a mandatory condition for the Customer to pay for the delivered goods, work performed, services rendered on time n e more than 15 working days from the date of signing by the Customer of the acceptance document (part 8 of article 30 of 44-FZ). For other purchases (not for SMP and SONKO), this period is no more than 30 calendar days.

The size of the OIC is calculated from the offered price

In the event that a contract is concluded based on the results of a purchase among SMPs and SONCOs, the amount (abbreviated as OIC), including that provided taking into account, is set from the price at which the contract is concluded, but cannot be less than the amount (part 6 of article 96 44 -FZ). In all other purchases, the size of the OIC is set from the NMCC, and not from the proposed price of the winner.

OIC can not be provided

The procurement participant with whom the contract is concluded based on the results of the procurement among the SMP and SONCO is exempt from providing the OIC, including taking into account anti-dumping measures, if such participant provides informationabout 3 executed contracts without fines and penalties within 3 years prior to the date of application to participate in the purchase. Whereinthe sum of the prices of such contracts must be at least the NMTsK specified in the notice of procurement and procurement documentation(part 8.1 of article 96 of 44-FZ).

What does it mean? This means that if a participant (SMP, SONKO) has 3 executed contracts under 44-FZ over the past 3 years, for which fines and penalties have not been charged, then he can provide information about these contracts to the Customer and not provide contract performance security. The main thing is that the total price of these three contracts should not be less than the NMTsK of the purchase in which he won.

For the convenience of checking and providing such information, there is an excellent service that allows you to determine in a matter of seconds whether you need to provide the OIC to the Customer for a specific purchase or not.

The verification steps are very simple:

1. You follow the link;
2. In the window that opens, enter your TIN and the registration number of the purchase in which you won;
3. Click on the "Check" button;
4. Receive information on executed contracts;
5. Copy the received information to the site when signing the contract or prepare information mail(in free form) to be provided to the Customer.

Reduced fines

The amount of the penalty for non-fulfillment or improper fulfillment by the supplier (determined based on the results of the procurement among SMP and SONCO) of obligations under the contract is establishedin the amount of 1% of the price of the contract (stage), but not more than 5 thousand rubles and not less than 1 thousand rubles (Clause 4 of Decree of the Government of the Russian Federation No. 1042 dated August 30, 2017 No.).

When conducting purchases on a general basis, the fines are much higher (See clause 3 of the RF GD No. 1042 dated August 30, 2017):

3. Preferences for organizations of the disabled under 44-FZ

MUST provide benefits to organizations of persons with disabilities in relation to the price of the contract they offer, the sum of the prices of units of goods, work, services in the amount of up to 15%in the manner established by the Government of the Russian Federation and in accordance with the lists of goods, works, services approved by the Government of the Russian Federation (part 3 of article 29 of 44-FZ).

The list of such goods (works, services) is established by Decree of the Government of the Russian Federation of April 15, 2014 No. 341 “On providing benefits to organizations of disabled people when determining a supplier (contractor, performer) in relation to the contract price they offer, the sum of unit prices of goods, work, services” (together with the Rules for Providing Benefits to Organizations of Disabled Persons in Determining a Supplier (Contractor, Performer) in Relation to the Price of the Contract Offered by Them, the Sum of Unit Prices of Goods, Works, Services).

Organizations of the disabled - all-Russian public organizations of the disabled (including those created as unions of public organizations of the disabled) and organizations whose authorized (share) capital consists entirely of contributions from all-Russian public organizations of the disabled (Article 29 44-FZ).

Criteria for classifying organizations as organizations of persons with disabilities

All-Russian public organizations of the disabled (OI), their unions: 80% of members are disabled

Organizations, the authorized (reserve) capital of which is 100% of the contributions of the OI:

- the average number of disabled people in relation to other employees - at least 50%;

- share wages disabled people in the wage fund - at least 25%.

How does the 15% preference under 44-FZ work?

Suppose that the Customer is purchasing goods from the list of RF PP No. 341 dated April 15, 2014, and the documentation establishes a 15% advantage for organizations of the disabled. The initial maximum contract price is 100,000 rubles.

Participant No. 1 (non-OG) offered a price - 85,000 rubles. And Participant No. 2 (OI) in his application indicated the price - 80,000 rubles. Participant No. 2 won because he indicated the price lower. But since the Customer established a 15% preference for organizations of the disabled, Participant No. 2 can exercise his right and send a request to the Customer to increase the price he offered by 15%. Thus, the contract with Participant No. 2 will be concluded at a price of 80,000 + 15% = 92,000 rubles.

The only rule in this case is that the price at which the contract will be concluded with the winner does not exceed the NMTsK established in the documentation. In our case, this rule is observed, because NMTsK - 100,000 rubles, and the contract, taking into account the preference of 15%, was concluded for 92,000 rubles.

If Participant No. 2 (OI) won with a price of 90,000 rubles and used his right to receive an advantage of 15%, then the contract would be concluded with him for 100,000 rubles, and not for 103,500 rubles (90,000 + 15% ).

4. Preferences of the penal system under 44-FZ

When making purchases, with the exception of purchases from a single supplier, the CustomerMUST provide institutions and enterprises of the penal system with advantages in relation to the price of the contract they offer, the sum of the prices of units of goods, work, services in the amount of up to 15%in the manner established by the Government of the Russian Federation and in accordance with the lists of goods, works, services approved by the Government of the Russian Federation (part 2 of article 28 of 44-FZ).

The list of goods (works, services) is established by Decree of the Government of the Russian Federation dated July 14, 2014 No. 649 “On the procedure for providing institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer, the sum of unit prices of goods, work, services” .

Institutions and enterprises of the penitentiary system - organizations from the list contained in Decree of the Government of the Russian Federation No. 89 dated February 1, 2000 (as amended on November 22, 2018) “On approval of the list of types of enterprises, institutions and organizations included in the penitentiary system”.

Such institutions include: logistics and military supply bases, construction departments, educational institutions etc.

The principle of operation of the 15% preference for penitentiary institutions is the same as in the above example for organizations of persons with disabilities. The difference lies only in the list of goods (works, services), which is established for the penal system by RF PP No. 89 dated February 1, 2000.

And finally, there is another general preference for organizations of the disabled and institutions of the penal system. Its essence is as follows.

If the procurement is carried out in accordance with Articles 28 and 29 of the 44-FZ, the procurement participant is an institution or enterprise of the penal system or an organization of the disabled and the NMCC ismore than 20 million rubles , the size of the application securitycannot exceed 2% NMCC (part 17 of article 44 of 44-FZ).

For all other purchaseswith NMTsK more than 20 million rubles, the amount of application security is set in the amount of 0.5% to 5% NMTsK .

So we have discussed with you what preferences are provided for by 44-FZ for procurement participants. However, in addition to the preferences we have considered, there is also Article 14 of the 44-FZ, which establishes preferences for domestic producers and manufacturers from the EAEU countries, but this is a topic for a separate article.

That's all I have today. I hope the information was useful to you. And if so, do not be too lazy to like and support the article with your voice. You can ask any questions on this topic in the comments below, I will be happy to answer them.

Date: 05/29/2019

Changes again the federal law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter also the law). The amendments were made by Federal Law No. 71-FZ dated May 1, 2019 and a number of other regulatory legal acts. Let's consider the key changes in the law on the contract system in relation to procurement participants.

From 05/01/2019 Customers are obliged to purchase services for the organization of recreation and health improvement of children through contests with limited participation in electronic form. This means that the order of participation in this procurement for procurement participants is changing. When participating in procurement, applicants confirm their experience in the execution (taking into account succession) of contracts (agreements) for the provision of services for organizing children's recreation and their health improvement over the past three years prior to the date of filing an application for participation in the procurement. At the same time, the cost of a previously executed contract (agreement) is at least 20 percent of the initial (maximum) price of the current contract, agreement (lot price). In confirmation, the procurement participant must submit in the application package a copy (s) of the previously executed contract (contracts) and (or) agreement (s) concluded by the procurement participant with the customer under 44-FZ or 223-FZ, and also submit documents confirming the execution of these contracts and (or) agreements without applying penalties (fines, penalties) to the contractor (paragraph 9 of Appendix No. 2 to Government Decree No. 99 of 04.02.2015).

From 05/12/2019 the following changes take effect.

For each day of delay in the performance of the contract by the supplier (executor, contractor), the customer charges penalties. Earlier, in the previous version of the law, the customer had the opportunity to set a penalty in the amount of more than one three hundredth of the key rate. Now the amount of the penalty is fixed - one three hundredth of the key rate of the value of the obligations not fulfilled by the supplier (executor, contractor). The fine is accrued for each day of delay in fulfilling the obligation stipulated by the contract, starting from the day following the day of expiration of the term for fulfilling the obligation established by the contract. Such a penalty is established by the contract in the amount of one three hundredth of the key rate in force on the date of payment of penalties. Central Bank Russian Federation from the amount not paid on time. In case of a different procedure for calculating fines or penalties established by law, special rules apply. For example, when calculating penalties in a contract for the supply of hot or cold water, penalties are prescribed in accordance with Part 6.2 of Article 13 of the Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sanitation”. The fine is set in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay, starting from the next day after the day of the due date of payment until the day of actual payment.

The term for payment by the customer of the delivered goods, the work performed (its results), the service rendered by the supplier (executor, contractor), individual stages of the execution of the contract is no more than thirty days from the date of signing the acceptance document by the customer. And when purchasing from small businesses or socially oriented non-profit organizations (hereinafter SMP and SONO) - fifteen working days from the date of signing the acceptance certificate. Another payment term may be established by the legislation of the Russian Federation, for example, in order to ensure the defense capability and security of the state, as well as in a number of other cases established by the Government of the Russian Federation.

For a procurement participant, the deadline for appealing against the actions of a customer, an authorized body, a specialized organization, an operator of an electronic site, a procurement commission has changed when filing a complaint with the federal executive body authorized to exercise control in the field of procurement (hereinafter - FAS). Part 3 of Article 105 of the law defines a five-day period for appealing against actions from the date of placement in the unified information system (hereinafter referred to as the UIS) of the protocol for the consideration and evaluation of applications for participation in the tender, the protocol for the consideration and evaluation of applications for participation in the request for quotations, the protocol for the request for proposals, and in if the supplier (contractor, performer) is determined by a closed method from the date of signing the relevant protocol. At the same time, any procurement participant is entitled to appeal against the provisions of the documentation or notice of procurement, and after the publication of the final protocols, only the participant who submitted an application for participation in the procurement. With regard to electronic procedures, part 4 of Article 105 establishes the same five-day period for appealing against the actions of a customer, an authorized body, an authorized institution, a specialized organization, a procurement commission, its members, an official of a contract service, a contract manager, an operator of an electronic site, an operator of a specialized electronic site . Previously, such a period for appealing against the results of any purchase was 10 days.

Also, the period for consideration and verification by the Federal Antimonopoly Service of the received information about the supplier (executor, contractor) for entering into the register of unscrupulous suppliers (hereinafter - RNP) from the customer has been reduced, it has been reduced to five working days from the date of receipt of information. In the previous edition, the period was 10 working days. Recall that, by law, the customer is obliged to submit information about the procurement participant to the register of unscrupulous suppliers if the procurement participant evades the conclusion of the contract when it is signed by the winner of the procurement; when the contract is terminated due to the unilateral refusal of the customer to perform the contract due to significant violations by the supplier of the terms of the contract or in the event of termination of the contract with the supplier (contractor, performer) by a court decision due to significant violations of the terms of the contract.

From 07/01/2019 a complaint filed by a participant, information about which is included in the register of unscrupulous suppliers, will not be considered by the FAS. At the same time, the condition must be observed that the customer, during the procurement, established in the procurement documentation and the procurement notice the requirement that the procurement participant be absent from the RNP.

To confirm qualifications in procurement conducted on the electronic platform certain types goods, works, services, in respect of participants of which the Government of the Russian Federation has established additional requirements, the accredited procurement participant must send to the operator of the electronic site (hereinafter referred to as the ES operator) electronic documents for each object of procurement for which the Government has established such requirements. Here we are talking on procurements specified in parts 2 and 2.1 of article 31 of the law, for example, services for organizing summer recreation, or audit and consulting services. This will allow you to participate in purchases with additional requirements. Within five working days after receiving the documents, the ES operator for each type of product makes a decision to place the documents in the register of participants. The ES operator refuses to place documents if the procurement participant has not submitted all the documents that the Government has determined, or has provided documents with violations.

Another novelty in the law is the maintenance of registers of accredited procurement participants. Operators electronic platforms will post registers of accredited procurement participants on electronic platforms. The registers include the following information about the procurement participant:

1. name, company name (if any), if the procurement participant is a legal entity;
2. surname, name, patronymic (if any), if the procurement participant is an individual, including those registered as an individual entrepreneur;
3. identification number of the taxpayer of the procurement participant;
4. date of accreditation on the electronic site;
5. other information and documents.

A procurement participant registered in the EIS and accredited on an electronic site is entitled to participate in all electronic procedures conducted on an electronic site. Registration of a procurement participant in the EIS and accreditation of a procurement participant on an electronic site are carried out for a period of three years. Not earlier than six months before the expiration date of the registration period, the participant must register for a new period. Four months before the expiration date of his registration in the EIS, he is notified automatically by the system. At the same time, the participant has the right to apply for participation in electronic procedures three months before the expiration date of his registration in the EIS.

Doing unified register procurement participants is carried out by the federal executive body authorized by the Government of the Russian Federation.

Innovations in relation to the electronic auction are significant and have long been needed. The amount of the initial maximum contract price (hereinafter referred to as IMCC) increases with the deadline for submitting applications within seven calendar days. On the this moment NMTsK is three million rubles, from July 1, the price threshold will be three hundred million rubles. That is, all large purchases of customers will be carried out much faster than before. When purchasing construction, reconstruction, overhaul or the demolition of a capital construction project (tenders for real estate), applications will be accepted for at least seven calendar days at the NMCC worth up to two billion rubles.

If the customer establishes additional requirements for procurement participants in the notice of procurement and in the procurement documentation, only those procurement participants who have placed supporting documents in the register of participants will be able to submit bids. At the same time, the operator sends these documents to the customer within the time limits established by law. The participant has no obligation to submit documents in the second part of the application.

The customer will consider the first parts of applications for at least one, maximum three working days from the date of the deadline for submission of applications. The electronic auction will be held on the first working day after the closing date for consideration of the first parts of applications. If the customer cannot determine the quantity of products to be supplied in the documentation and the notice of purchase, during the electronic auction during the bidding itself, the participants reduce the initial amount of prices for the units of goods, work or services.

If, during an electronic auction, the price of the contract is reduced to half a percent of the NMCC or lower, such an auction is held for the right to conclude a contract. At the same time, such an auction is held by increasing the price of the contract, taking into account the following features:

1. such an auction is held until the contract price reaches no more than one hundred million rubles;
2. a participant in such an auction is not entitled to submit proposals for a contract price higher than maximum amount a transaction for this participant specified in the decision on approval or on the conclusion of transactions on behalf of the procurement participant as a result of such an auction;
3. the amount of the security for the execution of the contract is calculated based on the NMCC specified in the notice of the auction;
4. "auction step" is up to 5 percent of the contract price specified in paragraph 1.

Also, innovations will affect electronic auctions for the execution construction works. When included by the customer in the description of the procurement object project documentation, the first part of the participant's application will contain only consent to work. Consideration of the first parts of applications by the customer, the procurement commission in this case is not as a procurement stage. A participant who has submitted consent and an application for participation in the procurement to the ES operator is automatically admitted to bidding, provided that such an application has not been returned to the procurement participant. The auction takes place 4 hours after the deadline for submitting applications for participation in the purchase. The second part of the received applications is considered by the customer, the procurement commission in the usual manner.

The changes also affected the amount of security for applications for participation in electronic auction. Application security is:

1. from one second percent to one percent of the initial (maximum) contract price, if the initial (maximum) contract price is from five million rubles to twenty million rubles;
2. from one second percent to five percent of the initial (maximum) contract price, if the initial (maximum) contract price is more than twenty million rubles.

From 07/01/2019, participants will be able to provide applications for electronic competition or an auction of bank guarantees (part 52 of article 112 of the law).

Article 37 of the law introduced a price cap on anti-dumping measures.

more than fifteen million rubles and there was a decrease in the price offered by the participant by twenty-five percent or more of the NMTsK, the contract is concluded only after such participant provides a security for the performance of the contract one and a half times more than the amount of the security for the performance of the contract specified in the documentation and the notice of purchase, but not less than the amount of the advance payment ( if the contract provides for the payment of an advance).

If, during a tender or auction, the initial (maximum) price of the contract is fifteen million rubles or less and there was a decrease in the price offered by the participant by twenty-five percent or more of the NMCC, the contract is concluded only after such participant provides a security for the performance of the contract one and a half times more than the size of the security for the performance of the contract, or information confirming the good faith of such a participant as of the date of filing the application, with the simultaneous provision of such a participant in ensuring the execution of the contract established by the procurement documentation.

The good faith of the procurement participant is confirmed only by contracts executed without penalty, which can be selected from the register of contracts by the number of the register entry. A bona fide participant must, within one year before the date of filing an application for participation in a tender or auction, execute three or more contracts (in this case, all contracts must be executed without applying any penalties (fines, penalties) to such a participant, or within two years before the date of filing applications for participation in a tender or auction of four or more contracts (at the same time, at least seventy-five percent of the contracts must be executed without the application of penalties (fines, penalties) to such a participant, or within three years before the date of filing an application for participation in the tender or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such a participant. In this case, the price of one of the contracts must be at least 20 percent of the NMCC established in the notice and procurement documentation.

A number of amendments to the law relate to the essential terms of the contract and enforcement of the contract. Let's consider them.

Part 1 of Article 34 of the law is supplemented with the following condition. If the quantity of goods (works, services) is not determined, the contract must contain the procedure for determining the quantity of goods supplied, the volume of work performed, services rendered based on customer requests. If the contract is divided into stages of delivery of goods, performance of work, provision of services, the price of each stage is set in the amount reduced in proportion to the reduction of the NMTsK. For example, a contract includes four stages of delivery of goods, performance of work, and provision of services. The winner of the purchase during the auction reduced the NMTsK by five percent. In this case, the customer in the contract reduces the price of each stage by five percent.

New grounds for changing the essential terms of the contract have appeared in the law:

1. Procurement of works on construction, reconstruction, overhaul, demolition of a capital construction facility, preservation of cultural heritage sites. You can change the contract up to 10 percent of the price.

2. If the contract is concluded for a period of at least one year and its price is equal to or exceeds the amount established by the Government. At the same time, circumstances arose under which the execution of such a contract, due to circumstances beyond the control of the parties, without changing its conditions is impossible, by decision of the Government, the highest executive regional or municipal authority, changes can be made to the contract. In this case, the following conditions must be met:

1. Procurement for construction, reconstruction, overhaul, demolition of a capital construction facility, preservation of cultural heritage sites.
2. As a result of the changes, the term of the contract will not increase, and the price will not increase by more than 30 percent.

3. If the contract for the performance of works on construction, reconstruction, overhaul, demolition of a capital construction object, preservation of cultural heritage objects cannot be executed due to circumstances beyond the control of the parties or if the contract is not executed on time due to the fault of the contractor. In this case, it is possible to extend the period of performance of the contract once for a period that does not exceed the period of performance at its conclusion. If the violation of the deadlines was due to the fault of the contractor, then the extension of the deadline is possible when the counterparty pays the penalty.

4. A contract with a single supplier may be amended in accordance with paragraphs 1, 8, 22, 23, 29, 32, 34, 51 of part 1 of Article 93 of Law No. 44-FZ.

With regard to contract enforcement and warranty obligations. The customer has the right to establish in the documentation and the draft contract the requirement to provide warranty obligations, if necessary. Acceptance documents are drawn up after the supplier submits the security of warranty obligations in the manner and within the time limits established by the contract. The amount of security for obligations should not exceed 10 percent of the NMCC.

The procurement participant independently determines the method of ensuring the performance of the contract, warranty obligations (making Money or bank guarantee), the period of validity of the bank guarantee. At the same time, the period of validity of the bank guarantee must exceed the period of fulfillment of obligations stipulated by the contract by at least one month. Counterparties will be able to change the security of the contract during its execution.

In relation to small businesses and socially oriented non-profit organizations (hereinafter referred to as SMP and SONO), the procedure for providing security for the performance of a contract has been simplified. Now participants from among the SMP and SONO have the right not to provide security if, within three years prior to the date of application, they have executed at least three contracts without penalty. The sum of the prices of such contracts must not be less than the NMTsK, which is indicated in the notice and the procurement documentation. Information about executed contracts is confirmed from the register of contracts. Contracts with succession do not count. The rule also applies when the customer applies anti-dumping measures.

The contract includes a mandatory condition on the timing of the return by the customer to the supplier (contractor, performer) of funds deposited as security for the performance of the contract (if such a form of security for the performance of the contract is used by the supplier (contractor, contractor). calendar days from the date of fulfillment of all obligations by the counterparty.When purchasing from SMP and SONO, the period is 15 calendar days.

The legislator secures the right to conclude a contract with the second participant in the event that the customer terminated the contract unilaterally, by a court decision or by agreement of the parties. The second participant is the bidder who, during the procurement, offered Better conditions after the winner. Participant number two has the right to refuse to conclude a contract. At the same time, if the termination of the contract was unilateral, the contract with the second participant, the customer, is concluded only after the information about the winner is entered in the RNP.

When concluding a contract with the second participant, it is necessary to reduce the volume of products and the price in proportion to the fulfilled obligations.

With regard to purchases from a single supplier, the following changes will take effect from July 01. The limit for small purchases has been increased under clause 4 of part 1 of Article 93 of the Law. The maximum price limit for direct purchases will be RUB 300,000 instead of the previous RUB 100,000, which will greatly facilitate the life of both the Customer and the supplier in relation to “inexpensive” but important purchases. Increase in the price limit to one million rubles when purchasing medicines from a single supplier, by decision of the medical commission, instead of the previous two hundred thousand, introduces a change in paragraph 28 of part 1 of Art. 93 of Law No. 44-FZ.

From 31.07.2019 there are changes in relation to purchases from a single supplier under paragraph 5 of part 1 of Article 93 of Law No. 44-FZ. The amount of direct purchases of cultural and educational institutions will be six hundred thousand rubles instead of the previous four hundred, with a maximum annual volume of such purchases of thirty million rubles. Thus, procurement participants entering into direct contracts under paragraph 5 of part 1 of Article 93 with customers in the field of culture and education will have an increase in the price limit for concluding contracts.

From 01.10.2019 if the contract provides for phased execution and payment of an advance, the customer must include in the notice and in the contract a condition on the amount of the advance in respect of each stage as a percentage of the stage price. If the payment is provided, the advance payment shall be specified in the notice. From July 1, it is not allowed to pay an advance to a participant in respect of which anti-dumping measures are applied.

From 01.01.2020 GIS "Independent Registrar" begins its work. The system is designed to monitor and record the actions and inaction of procurement participants and customers. The main task of the system is to monitor, among other things, the performance of the UIS, as well as electronic platforms. Now customers and procurement participants can independently install and use the program. From January 1, 2020, work in the program will be mandatory for all parties involved in the procurement process under 44-FZ.

Summing up, we can conclude that 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” has undergone significant changes for both procurement participants and customers. Whether this will give the desired result, whether it will facilitate the already complex system of procurement activities of the customer and the involvement of procurement participants at all stages in this activity, time will tell. It remains for us to learn how to apply the introduced norms of legislation and expect the practice of applying innovations.

List of materials used:

1. Federal Law No. 44-FZ of 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” as amended on 01.05.2019;
2. Federal Law No. 71-FZ of May 1, 2019 “On Amendments to the Federal Law “On the Contract System in the Procurement of Goods, Works, and Services to Meet State and Municipal Needs”;
3. Overview of changes in procurement under 44-FZ since May 2019. N. Kozlova.