1. If, during a tender or auction, the initial (maximum) contract price is more than fifteen million rubles and the procurement participant with whom the contract is concluded, the contract price is proposed, which is twenty-five percent or more lower than the initial (maximum) contract price, or the sum of the prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of the prices of the indicated units, the contract is concluded only after such a participant provides a security for the performance of the contract in an amount exceeding one and a half times the size of the security for the performance of the contract specified in the documentation on the holding competition or auction, but not less than in the amount of the advance payment (if the contract provides for the payment of an advance payment).
2. If, during a tender or auction, the initial (maximum) contract price is fifteen million rubles or less and the procurement participant with whom the contract is concluded, the contract price is proposed, which is twenty-five percent or more lower than the initial (maximum) contract price, or the sum of the prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of the prices of these units, the contract is concluded only after such a participant provides security for the performance of the contract in the amount specified in part 1 of this article, or information confirming the good faith of such a participant in accordance with paragraph 3 of this article, with the simultaneous provision by such a participant of the contract performance security in the amount of the contract performance security specified in the procurement documentation.
(see text in previous edition)
3. Information confirming the good faith of a procurement participant includes information contained in the register of contracts concluded by customers and confirming the execution by such participant within three years prior to the date of filing an application for participation in the procurement of three contracts (taking into account succession) executed without applying to to such participant of forfeits (fines, penalties). At the same time, the price of one of such contracts must be at least twenty percent of the initial (maximum) contract price specified in the notice of procurement and procurement documentation.
(see text in previous edition)
4. In the event of an open competition, a competition with limited participation, two-stage competition, a closed tender, a closed tender with limited participation, a closed two-stage tender, the information provided for by paragraph 3 of this article shall be provided by the procurement participant as part of the application for participation in open competition, limited participation competition, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition. The Procurement Commission rejects such an application if this information is found to be unreliable. The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer), indicating the reasons for rejecting such an application, is brought to the attention of the procurement participant who sent the application no later than the business day following the day of signing the specified protocol. If the procurement participant in the case provided for by paragraph 2 of this article, as part of the application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, does not provide information confirming its good faith in accordance with paragraph 3 of this article, a contract with this participant is concluded after they provide a contract performance security in the amount of one and a half times the amount of the contract performance security specified in the procurement documentation.
(see text in previous edition)
5. In the event of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction, the information provided for in paragraph 3 of this article shall be provided by the procurement participant when sending a signed draft contract to the customer. If such a participant, recognized as the winner of a tender or auction, fails to comply with this requirement or if the commission for the procurement of information provided for in paragraph 3 of this article is recognized as unreliable, the contract with such participant is not concluded and he is recognized as evading the conclusion of the contract. In this case, the decision of the procurement commission is drawn up in a protocol, which is placed by the customer in a single information system no later than the working day following the day of signing the said protocol.
(see text in previous edition)
6. The security specified in parts 1 and this article shall be provided by the procurement participant with whom the contract is concluded before its conclusion. A procurement participant who has not fulfilled this requirement is recognized as having evaded the conclusion of the contract. In this case, the evasion of the procurement participant from concluding a contract is documented in a protocol that is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.
7. When holding tenders for the purpose of concluding contracts for the implementation of research, development or technological works provision of consulting services, the customer has the right to establish in the tender documentation different values of the significance of the criteria for evaluating bids for the cases when a bidder submits an bid containing a proposal for the contract price, which:
1) up to twenty-five percent below the initial (maximum) contract price;
2) twenty-five percent or more below the initial (maximum) contract price.
8. In the cases provided for in clause 2 of part 7 of this article, the value of the significance of such a criterion as the contract price is set equal to ten percent of the sum of the significance values of all criteria for evaluating bids.
(see text in previous edition)
9. If the subject of the contract, for the conclusion of which a tender or auction is held, is the supply of goods necessary for normal life support (food, means for providing an ambulance, including a specialized ambulance, medical care in an emergency or urgent form, medicines, fuel), the procurement participant who offered the price of the contract, the amount of unit prices of goods twenty-five percent or more lower than the initial (maximum) price of the contract, the initial amount of unit prices of goods, along with the requirements provided for in this article, is obliged to provide the customer with a rationale for the proposed contract price , the sum of unit prices of goods, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (except if the number of goods supplied cannot be determined), documents confirming the availability of goods from the procurement participant, other documents and calculations confirming the ability of the procurement participant to supply the goods at the proposed price, the sum of the prices of the goods units.
(see text in previous edition)
1) by the procurement participant who offered the price of the contract, the amount of unit prices of goods is twenty-five percent or more lower than the initial (maximum) price of the contract, the initial amount of unit prices of goods, as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, closed competition, closed competition with limited participation, closed two-stage competition. If such a participant fails to comply with this requirement or if the procurement commission recognizes the proposed contract prices, the sum of the unit prices of goods as unreasonable, the application of such a participant is rejected. The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the tender or consideration of a single application for participation in the tender;
(see text in previous edition)
2) by the procurement participant with whom the contract is concluded, when sending a signed draft contract to the customer during an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction. If such a participant fails to comply with this requirement, he is recognized as having evaded the conclusion of the contract. If the procurement commission recognizes the proposed contract price, the sum of unit prices of goods as unreasonable, the contract with such a participant is not concluded and the right to conclude a contract passes to the procurement participant who offered the same as the winner of this tender or auction, the contract price, the sum of unit prices of goods or whose contract price offer contains the best conditions for the contract price, following the conditions offered by the winner of this tender or auction. In these cases, the decision of the procurement commission is drawn up in a protocol, which is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.
Validation is one of the provided by law 44-FZ anti-dumping measures. These measures are designed to prevent the intentional lowering of the price in the auction in order to eliminate competitors and win. How to confirm good faith and when it is necessary, we will tell further.
When do you need to validate
Anti-dumping measures are referred to in Art. 37 of Law 44-FZ. These are additional steps that the winner who has reduced the starting price by 25% or more must go through before signing the contract. Thus, the organizers of tenders are fighting against the intentional price reduction.
What measures against dumping are applied depends on the value of the contract specified in the documentation. If it is more than 15 million rubles, the participant must provide security increased by 1.5 times. If it is less than 15 million, the winner is required to confirm good faith.
What measures are applied in a particular procedure, see the documentation. Please note that they are only used in competitions and auctions.
How to prove integrity
The participant must provide at least 3 contracts within the last 3 years. For each of them, fines and penalties should not be accrued. And the price of each should be 20% of the initial price of the contract in this procedure, which is being applied for. Provide copies of these contracts with all attachments, as well as a cover letter.
How to prove your integrity in order to keep more money on account
If a tender participant dumps, he is obliged to provide a contract security increased by one and a half times - this is a protective anti-dumping measure for customers. But if the contract price is below 15 million rubles. the applicant has the right to deposit standard security in the amount according to the notice and additionally confirm his good faith. Read how participants can prove good faith to save on collateral and keep more free money in their accounts, and what conditions must be met in the contract register for the customer to accept them.
How to report good faith information depends on the type of procurement procedure. For example, in any type of competition, they must be included directly in the application. If an auction is held, provide the data along with the draft contract when you sign it on the ETP.
It is not necessary to raise contracts from the archive, it is enough to know the number of those documents that you want to present as confirmation of good faith. All information about them can be found in the register of contracts.
Please note: if the subject of the contract is the goods necessary for the normal operation of the ambulance (part 9 of article 37 of Law 44-FZ), the procedure changes slightly. The participant will have to justify his price, that is, explain why he offered such a price. This may be a letter of guarantee from the manufacturer of the goods, which confirms the price of the goods, or papers that prove that the supplier has the products in stock (acceptance certificates, sales contracts, etc.). This once again proves that he is able to fulfill the contract at the stated price.
Letter of Integrity for the Client
In the letter, the winner briefly tells the customer about which contracts confirm his good faith. We recommend that you arrange it in the form of a table, which can be broken down by year. Include the following columns in it:
- contract number in the register;
- name of the counterparty (with whom the contract was concluded);
- subject of contract;
- date of conclusion;
- period of execution;
- contract price;
- penalties, forfeits, fines, if any.
If you submitted a bid with a price that is 25% different from the initial price, it is better to prepare executed contracts right away, and not to do it before the signing of the contract itself. You run the risk of not being in time and being in the RNP.
How not to do
In order not to become a evader (a winner who evaded concluding a contract), one does not need to repeat the experience of an auction participant for the supply of household goods. starting price amounted to 169,800 rubles. The winner offered 97,635 rubles. Since the difference was more than 25%, it was necessary to confirm good faith, which the participant did.
However, upon inspection, the bidding organizer found that contracts with register entries No. 1434509333118000180 and No. 2434601121119000439 are in progress. This means that the information provided by the participant does not confirm good faith.
He was recognized as a evader, after which the organizer of the auction turned to the FAS with a request to include him in the register of unscrupulous suppliers. At a meeting of the OFAS commission, it turned out that the contracts were sent by mistake (as the participant himself said). As a result, it was decided not to include him in the RNP. However, he lost the tender.
Attached files
- Integrity Information Letter.docx
The tenderer sooner or later faces dumping in the state order. The very phenomenon of dumping has existed in the field of tenders for a very long time, almost from the moment the institution was founded. public procurement in Russia. The concept of "anti-dumping measures" in the state order appeared not so long ago, namely after the adoption of 44-FZ. In the law No. 94-FZ that was in force before 44-FZ, there was no such concept. At the same time, in practice, of course, there was dumping in the state order, but the state did not try to fight this phenomenon legislatively. What is "dumping" in the state order at the moment and what methods of combating this phenomenon are used? Let's try to figure everything out!
What is dumping in the state order?
The word dumping is borrowed from the English dumping, in translation dumping (selling at artificially low prices). Most often, dumping prices are below market prices and even below cost. To understand the nature of this phenomenon, let's take a look at the reasons for using dumping in tenders:
1. Entry of the supplier to the market, which is already divided and there is no other way to get into it.
2. Receiving an order from a specific customer in order to start cooperation with this customer in order to upsell related services, works, as well as enter into larger contracts.
3. Obtaining new contracts and obtaining the necessary qualifications to participate in major tenders, requests for proposals.
4. Playing according to the rules established by the state, where the price indicator is the most important and decisive in most cases in public procurement.
All these reasons have in common that the supplier, working at a loss or at zero, plans to make a profit or some kind of preferences in the future. In addition, do not forget about the Russian reality. On the this moment the state has created a public procurement system in which the supplier who offers the lowest price has more chances to win. This is true both for auctions and for competitions and other procurement methods. In the vast majority of purchases, the coefficient of significance is higher for the "Price" criterion than for other evaluation criteria.
Despite the fact that the state created the conditions for the development of dumping in the state order, it also created anti-dumping measures to combat this phenomenon. Let's take a closer look at this tool.
Anti-dumping measures under 44 FZ: what is it?
Dumping in 44-FZ means a reduction in the participant's price offer by 25% or more from the initial (maximum) contract price. That is, if the purchase limit is 1,000,000 rubles and the price offer of the participant is 750,000 rubles or more, then such an offer is recognized as dumping, if the supplier offers 750,001 rubles, then according to the law this is not dumping. Did you catch the fine line? One ruble or even one kopeck can affect whether the proposed price is recognized as dumping or not. Of course, this approach is formal and has an indirect relation to the market. The state order market has its own rules and these rules are 44-FZ. Let us analyze the anti-dumping measures under 44 fz in more detail.
Two situations are possible:
Option No. 1 Price (NMC) purchases of more than 15 million rubles.
In this case, according to part 1 of Art. 37 44-FZ, if the price of the purchase winner is dumped and reduced by 25% or more, then the customer concludes a contract with such a participant only after the winner provides the contract security with a coefficient of 1.5. But at the same time, the amount should not be less than the amount of the advance payment (if the advance payment is provided for in the procurement documentation and in the draft contract). That is, the procurement participant, offering a price of 25% or less from the NMC, must be ready to provide contract security 1.5 times higher in case of victory. The participant can choose to provide the provision of the contract, both in the form bank guarantee, and listing cash at the expense of the customer. Of course, most often the supplier chooses security in the form of a bank guarantee.
Option No. 2 Price (NMC) of the purchase is less than 15 million rubles.
In this case, the procurement participant has a choice:
- provide contract security with a coefficient of 1.5 (as in the option above)
- provide as part of the application documents confirming the good faith of the supplier as of the date of application.
IMPORTANT: documents on good faith must be submitted as part of the application for the competition, that is, before the winner is determined. If you participate in the auction, then such documents are provided along with the signed contract.
Information confirming the integrity of the supplier.
Consider what is meant by the "good faith" of the supplier" and supporting information.
The good faith of the supplier is understood as a confirmed fact of the successful execution of contracts with government customers. That is, such contracts must be completed and information about such contracts must be contained in the contract register.
In addition, the conditions for the limitation period of such contracts, the number and the presence or absence of penalties must be met:
Option number 1: 3 or more contracts within 1 year prior to the date of application, no penalties.
Option #2: 4 or more contracts within 2 years prior to the date of application, 75% of contracts without penalties.
Option number 3: 3 or more contracts within 3 years prior to the date of application, no penalties.
At the same time, the price of one executed contract must be at least 20% of the price offer of the participant in the procurement procedure.
IMPORTANT: Please note that contracts confirming good faith must be entered in the register of contracts. The fact that such a contract has been entered into the register must be verified independently. Contracts that are not included in the register of contracts cannot be used by participants as information confirming good faith. If the concluded contract is not in the register, then contact the customer to clarify the reasons. Entering contracts into the register is the responsibility of the customer, who also bears administrative responsibility.
In practice, information confirming good faith can be provided by the supplier in the form of a certificate with a list of contracts that meet the requirements of Option No. 1, 2 or 3, which we discussed above. In such a certificate, the procurement participant may also indicate a link to entries in the register of contracts. As confirmation of information, the supplier can attach printouts from the register of contracts, as well as copies of executed contracts and acts themselves (the participant must submit a certificate, the rest is at his discretion).
In some cases, the customer may recognize information confirming good faith as unreliable if:
- the participant provided information on good faith on pending contracts
- the submitted information on contracts confirming good faith is not in the register of contracts
- the requirements for the number of confirming contracts, the term, the absence of a penalty have not been met (in accordance with options 1,2,3 discussed above)
Such a situation can have far-reaching consequences for the supplier with the participant being included in the register of unscrupulous suppliers, in case of participation in electronic competition. If the customer reveals false information in an open tender, the participant will get off with the rejection of the application.
Anti-dumping measures under 44 Federal Laws and special cases.
Option number 1: If the Customer conducts a tender for the performance of research, development or technological work, then the tender documentation may provide for various criteria for evaluating applications with a reduction price of 25% or more from the NMC and less than 25% from the NMC. For example, a participant in such a tender reduces the price by 25% or more, in this case the Customer lowers the significance factor for the price offer and sets it to 30% instead of 60%, for qualification assessment the coefficient will become, for example, not 40%, but 70% . Thus, the application of the “dumping” participant will be evaluated in such a way that it becomes unprofitable to offer a lower price, since in this case the participant is guaranteed to score fewer points. These figures are given as an example, and it is natural that the customer must specify in the procurement documentation the significance factors and the conditions under which they will be applied.
Option #2: If the customer purchases life support goods (food, first aid supplies, fuel, etc.), then the participant, in addition to 1.5 times the contract security (or information confirming good faith), must justify the reduction in the price offer by submitting:
- a letter of guarantee from the manufacturer (with the price and quantity of goods)
- documents that confirm the fact that the participant of the procedure has the goods
- other documents
Option number 3. Anti-dumping measures in some cases, they cannot be applied at all, for example, in the case of the purchase of medicines that are included in the list of essential and essential medicines (such a list is approved by the Government of the Russian Federation). But the price medicines should be reduced by no more than 25% relative to the maximum selling price registered in accordance with the legislation of the Russian Federation.
Option number 4: Anti-dumping measures are also not applied if the customer does not establish a requirement to secure the performance of the contract. Establishing a contract security requirement is the responsibility of the customer, and in some cases the customer has the right not to establish contract security. In this case, the supplier does not need to provide a contract security, provide information confirming good faith as part of the application, or provide a contract security with a factor of 1.5.
Was there dumping?
We have analyzed in detail the anti-dumping measures under 44 fz, considered in all nuances the good faith of the supplier, ways to confirm good faith. And now let's ask ourselves how effective are these measures proposed by the authors of 44-FZ? The fact is that the reference point in determining the dumping price or non-dumping price is the initial maximum contract price (IMC). But, as the practice of the NMC shows, the customer can form and justify absolutely any, that is, it is not market price. If the NMC is 1,000,000, this does not mean at all that the real cost of goods, works, services is the same, that is, 1,000,000 rubles. Naturally, the customer is interested in the procurement procedure taking place. Therefore, it is beneficial for the customer to form NMC above the real cost. Such a situation with the formation of the NMC is also beneficial to the supplier, who, when participating in the purchase, has the opportunity to “throw off” the price and compete for the order. Thus, we can conclude that the supplier's price reduced by 25% or more from the NMC may not always be really dumping. The mechanism that is laid down in the 44-FZ to combat dumping cannot be called effective and thoughtful.
But it should also be noted that the customer himself can create conditions for combating dumping, for example, by choosing a procurement procedure in which it is possible to set a significance factor at a price of 30%. As practice shows, the customer himself is not always interested in fighting dumping, since in today's unstable realities, the lowest contract price is the most important factor when choosing a supplier.
It should also be understood that too low a cost can cause poor quality of the supplied goods, works, services. Customers and suppliers should try to seek and find a middle ground in this difficult matter.
Information confirming the good faith of the procurement participant isinformation about transactions made by a participant in procurement tenders earlier. The main points regarding the confirmation of the reliability of the person involved in the procurement will be considered in our article.
Information confirming the good faith of the procurement participant, in accordance with Law No. 44-FZ
Law "On contract system…” dated 05.04.2013 No. 44-FZ introduced a new (compared to the previous version of the legislative act) rule, which includes a number of anti-dumping techniques for those participating in tender and auction procedures. Dumping is a feigned reduction in the price of goods and services compared to the market price. Accordingly, anti-dumping measures are measures aimed at combating such a decline.
In the understanding of Law No. 44-FZ, dumping can be considered a price reduction of 25% or more from the initial contract rate. At the same time, the following are defined as anti-dumping methods:
- With an initial contract value of more than 15,000,000 rubles. - provision of interim measures in the amount of 1.5 times greater than the provisional parameter determined by the auction or tender documentation(but not less than the amount of the advance, if any).
- With an initial contract value of 15,000,000 rubles. and less:
- security in one and a half times the amount of security determined by tender documents,
- or the presence of information confirming the good faith of the procurement participant (44-FZ, part 3, article 37).
No other form of anti-dumping procedures is envisaged by Law No. 44-FZ and may be appealed against by participants in a tender or auction.
Thus, the transfer of data on the reliability of a procurement participant for consideration is an anti-dumping procedure used in the situation specified in the law and carried out in a normatively defined form. The concept of information that can confirm the good faith business reputation of a procurement participant is defined in Part 3 of Art. 37 of Law No. 44-FZ. According to its provisions, it is data from the register list of contracts concluded by the customer.
Register of contracts
The concept of the register of contracts is established by Art. 103 of Law No. 44-FZ, the procedure for its formation is the Decree of the Government of the Russian Federation “On the procedure for maintaining the register ...” dated November 28, 2013 No. 1084. The same decree approved the rules for filling out the register.
According to these documents, the mentioned list of contracts is a consolidated database consisting of information about all transactions concluded in accordance with the rules of Law No. 44-FZ, excluding those made with one supplier under paragraphs. 4, 5, 23, 42, 44 and 45, as well as clause 46 (in relation to contracts concluded with individuals) and clause 52, part 1, art. 93 of this law, and transactions containing state secrets. The latter type of contracts is formed into a separate, closed to free access, registry.
The register of contracts should be available for free review to everyone. It is located on the portal www.zakupki.gov.ru in the section "Information on contracts and agreements".
The information that makes up the register list of contracts, among others, includes:
- customer data;
- information about the method of procurement (auction, competition, etc.);
- information about the completion of the contract.
What refers to information confirming the reliability of the procurement participant?
The data that can confirm the good faith of the participant in the competitive procurement are listed in Part 3 of Art. 37 of Law No. 44-FZ and represent information from the register list of contracts on the fulfillment by the tender participant of its obligations under previously concluded transactions in one of the following options:
- In the amount of 3 or more contracts completed within a year prior to the date of submission of the bid under consideration. At the same time, under all contracts, the participant should not be charged with penalties or penalties.
- Consisting of 4 or more trades executed within 24 months prior to the date of submission of tender documents under consideration. In this case, 75% of the contracts must be completed without applying penalties or similar sanctions to the participant.
- The set includes 3 or more contracts executed within 36 months prior to the consideration of the specified tender application. At the same time, under all contracts, no penalties or penalties should be applied to the participant.
In all these cases, the value of each of the contracts must be at least 20% of the price offered by the contestant for the conclusion of the contract in question.
The procedure for preparing information on the business reputation of a procurement participant
In order to confirm good faith, acting as a participant in competitive procurement, it is necessary to perform a number of sequential actions:
- Find information about contracts concluded by the customer in the register of contracts. To do this, go to the address indicated above and select the line “Completed” in the status of the contract, then enter your TIN in the appropriate column at the bottom of the page and generate a list of contracts completed by the time of the request for the specified participant.
- From the list, select contracts that meet the requirements of Part 3 of Art. 37 of Law No. 44-FZ regarding the method of confirmation business reputation procurement participant, according to one of the options proposed by the legislator.
- Generate documentation for the competitive package. Defining in detail the content of data confirming the trustworthiness of a tender participant, Law No. 44-FZ does not specify the form in which this information can be submitted for consideration.
Documents that confirm the good faith of the procurement participant (example of registration, sample filling in the table)
The best way to confirm the integrity of the procurement participant is to create a text file that will contain the required data:
- Links to contracts selected in accordance with the statutory requirement, indicating for each of them:
- purchase number according to the register;
- customer data;
- registration data of the contract (number and date);
- contract value;
- execution date.
- A link to a page with information about the penalties imposed on the participant during the execution of the contract, which can be found in the contract card (for each of the selected transactions) on the "Information on the execution (termination) of the contract" tab. At the same time, it is also necessary to take screenshots of pages with information about the absence or presence of penalties or forfeits against the contestant for past transactions.
A sample format for the information to be included in the file might look like this:
|
Purchase register number |
Customer name |
No. and date of the contract |
Contract amount, rub. |
Period of execution |
|
|
Administration of MO "Yushkino" |
2153236346236 from 07/21/2017 |
RUB 500,000.00 |
http://zakupki.gov.ru/pgz/ |
||
|
Administration of MO "Yushkino" |
5623452345666 from 08/17/2017 |
RUB 245,000.00 |
http://zakupki.gov.ru/pgz/ |
||
|
Administration of MO "Yushkino" |
6321341236263 dated 12/11/2017 |
RUB 113,000.00 |
http://zakupki.gov.ru/pgz/ |
As you can see, the information confirming the good faith of the procurement participant is available for review. However, their configuration and design should be given attention in order to avoid rejection of the application for the competition.
Conscientiousness according to 44-FZ is a characteristic of a procurement participant, which allows the customer to make a decision on concluding with him government contract even in cases where the participant significantly reduces its cost relative to the NMCC. Confirmed good faith indicates that the potential contractor is reliable and has the necessary experience.
When do you need to validate
Federal Law No. 44-FZ establishes several methods that government customers use when preparing a purchase. Each of these methods is focused on setting an adequate price for the purchased goods, work or service, which corresponds to market conditions. If, during the procedure, a potential counterparty significantly, by 25% or more, reduces the declared IMCC, this raises doubts about its reliability.
The legislator requires the state customer to apply anti-dumping measures in such situations: if the NMTsK exceeds 15 million rubles, the procurement participant is obliged to provide contract security that is one and a half times the size established by the procurement documentation. If the NMTsK does not exceed 15 million rubles, the participant has a choice:
- provide the usual security, at the same time proving the good faith of the procurement participant under 44-FZ;
- provide one and a half security for the performance of its obligations under a future transaction with the customer.
Information confirming the good faith of the procurement participant 44-FZ must be requested by the customer in the event of a strong reduction in the purchase price during: competitive procedures, including in electronic form and auctions.
What is proof of good faith
How to confirm the good faith of the supplier according to 44-FZ, explains part 3 of Art. 37 44-FZ. The contractor is recognized as trustworthy if the register of contracts contains information that he has concluded and executed without applying penalties to him:
- at least three government contracts in the last year;
- at least four government contracts over the past two years - with this option, it is acceptable that for a quarter of the contracts the contractor is subject to penalties;
- at least three government contracts in the last three years.
The price of at least one of the transactions executed by the contractor with state customers must be at least 20% of the price offered by the contractor under the current procedure.
If a paper competition is held, information about the experience and diligence of a potential contractor is submitted to the customer in a single package of documents with an application for participation. If we are talking about an electronic competition or auction, the information is provided to the customer simultaneously with the signing of the contract.
How to get proof of good faith
Speaking about the substantiation of the reliability of the contractor, the legislator points to the provision of information contained in the register of contracts. This is a public information source. The supplier does not require any special documents, it is only necessary to summarize and provide the customer with information from the register.
The form of such a generalization is not established by law: it can be submitted in the form of a declaration, warranty or information letter in arbitrary form.
Whatever document the contractor uses to document information about his experience and reliability, it should indicate:
- register number of the executed contract;
- name and TIN of the customer;
- price;
- subject;
- term of conclusion and term of fulfillment of obligations;
- an indication of the penalties imposed, if any.
As a sample confirmation of good faith, you can use the form of an information letter.
The information provided by the procurement participant is verified by the customer. If, during the verification, the customer reveals the inaccuracy of the information provided, in the case of a paper tender, the participant's application will be rejected, and if it is an electronic tender or auction, the contract will not be signed, and the contractor will be recognized as having evaded the conclusion.
Upcoming changes in legislation
The president is signing a bill that significantly changes 44-FZ, in particular, the procedure for applying anti-dumping measures and the rules for confirming good faith:
- The basis for the application of anti-dumping measures will soon be not only a reduction of 25% or more in the total purchase price, but also in units of individual goods, works, and services.
- The number of options for procurement participants to prove their reliability will be significantly reduced: all contractors, without exception, will have to provide information on at least three contracts executed over the past three years.
- For contracts concluded as a result of procedures with a significant price reduction, advance payments will become impossible.
Related explanations
| Main points | Document details | Download |
|---|---|---|
| AT letter of guarantee the conscientiousness of the executor of the state contract is confirmed only by the manufacturer. | Decision of the Khabarovsk OFAS No. 224 dated July 9, 2018 in case No. 7-1/373 |