Public procurement is a federal ordering system for municipal or state needs. Large volumes are declared here for suppliers of goods and service providers, and small businesses enjoy special privileges in the competitive selection. In this article you will find a sample declaration of belonging to a small business, which must be submitted when participating in the auction along with other documents.
Who is a small business
The declaration of belonging to the SME (small business entity), in accordance with the requirements of 44 Federal Laws, is prepared in free form. You can download our sample, relevant for 2020, or make your own version, however, as of August 1, 2016, the situation has changed.
In mid-2016, the Federal Tax Service developed the Russian. Now information on compliance with the SMP criteria is available to government customers and any interested parties. Information from the Register is in the public domain; to get it, it is enough to indicate the TIN or the name of the organization (full name of the individual entrepreneur) in the search bar.
Information from the registry is generated as a PDF or Excel file and includes the following data:
- organization name or full name individual entrepreneur;
- location and TIN;
- category of SME subject;
- all activity codes according to OKVED.
At the request of a businessman, it is also possible to add to the register his full contact details, information about manufactured products, participation in public procurement and conclusion of contracts.
Decree of the Government of the Russian Federation of July 26, 2016 N 719 states that the declaration of compliance of a bidder with small businesses is no longer mandatory. To confirm this status, it is enough to provide information from unified registry. Moreover, the Decree explicitly states that the customer is not entitled to require other confirmation if the data of the bidder is in the register.
However, a situation may arise that information about a businessman is not included in the register or it is distorted. In this case, the only confirmation option is the SMP declaration in free form.
In this article, we will consider examples of filling out the Declaration on the compliance of the auction participant with the uniform requirements established by the customer, clauses 3-9, part 1, article 31 federal law No. 44-FZ for individuals and legal entities. Let's not forget about the changes in 2017.
Fill example
For legal entities
Declaration of conformity with uniform requirements,
presented to the participants of the electronic auctionFull name of the participant: Company with limited liability"Winner"
TIN: 7701000001We hereby confirm that at the time of filing an application for participation in an electronic auction, Pobedel Limited Liability Company declares that it complies with the requirements established by clauses 3-9 of part 1 of Article 31 of the Federal Law “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law) and confirms:
– non-liquidation of an electronic auction participant and the absence of a decision arbitration court on the recognition of an electronic auction participant as insolvent (bankrupt) and on the opening of bankruptcy proceedings;
– the absence of the head, members of the collegiate executive body, the person acting as the sole executive body, or the chief accountant legal entity– a participant in the purchase of convictions for crimes in the field of economics and (or) crimes under Articles 289, 290, 291, 291.1 of the Criminal Code Russian Federation(with the exception of persons whose conviction has been canceled or expunged), as well as the non-application of punishment in relation to these individuals in the form of deprivation of the right to occupy 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;
- that, within two years prior to the filing of an application for participation in the procurement, the legal entity was not held administratively liable for committing an administrative offense under Article 19.28 of the Code of the Russian Federation on administrative offenses;
For Individual Entrepreneurs
Declaration of conformity with the uniform requirements for participants in an electronic auction
Full name of the participant: Individual entrepreneur Pervyy Alexander Yakovlevich
Legal address/location: 125009, Moscow, st. Red Square, 1
Postal address/actual address: 125009, Moscow, st. Red Square, 1
TIN: 7701000001We hereby confirm that at the time of filing an application for participation in an electronic auction, Individual Entrepreneur First Alexander Yakovlevich declares that he meets the requirements established by paragraphs 3-9 of Part 1 of Article 31 of the Federal Law “On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs” (hereinafter referred to as the Federal Law) and confirms:
- non-liquidation of the procurement participant and the absence of a decision of the arbitration court on the recognition of the procurement participant as insolvent (bankrupt) and on the opening of bankruptcy proceedings;
- non-suspension of the activities of the participant of the electronic auction in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, on the date of filing an application for participation in the electronic auction;
– the participant of the electronic auction has no arrears on taxes, fees, debts on other obligatory payments to the budgets budget system RF (with the exception of amounts for which a deferment, installment plan, investment tax credit 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 legal 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 book value of the assets of the tender participant, according to financial statements for the last reporting period;
- the procurement participant - an individual or the head, members of the collegiate executive body, the person performing the functions of the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a conviction 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 whose convictions have been canceled or expunged), as well as the non-application of punishment against these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities that are associated with the supply of goods, the performance works, provision of services that are the object of the ongoing procurement, and an administrative penalty in the form of disqualification;
– the absence of a conflict of interest between the participant of the electronic auction and the customer, which means cases in which the head of the customer, a member of the procurement commission, the head contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body economic society(director, CEO, manager, president and others), members of the collegial executive body of the economic company, the head (director, general director) of the institution or unitary enterprise or other management bodies of a legal entity - a participant in an electronic auction, with individuals, including those registered as an individual entrepreneur - a participant in an electronic auction, or are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren ), full-blooded and half-blooded (having a common father or mother) brothers and sisters), adoptive parents or adoptees of the specified individuals. The beneficiaries are individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business entity or a stake exceeding ten percent in the authorized capital of a business entity;
– lack of information about the electronic auction participant, including information about the founders, the person acting as the sole executive body of the electronic auction participant
– a legal entity in the register provided for by Federal Law No. 44-FZ unscrupulous suppliers(contractors, performers);
– that the bidder is not an offshore company;
– the auction participant complies with the requirements of the Decree of the President of the Russian Federation dated November 28, 2015. No. 583 "On measures to ensure the national security of the Russian Federation and protect citizens of the Russian Federation from criminal and other illegal actions and on the application of special economic measures in relation to the Republic of Turkey."
Compose or Check the Application for the auction
How to download a form from Sberbank AST
The ETP indicated above, when submitting an Application, offers to download the Declaration template. Whatever you stray - I made detailed instructions.
Don't forget to replace the data highlighted in red.
Do you have any questions? Feel free to press
When compiling the second part of the application for participation in public procurement, mainly such as an electronic auction, the Customer requires a declaration of compliance of the electronic auction participant with the requirements established by paragraphs 3-9 of part 1 of Article 31 of Federal Law No. 44-FZ. It is enough just to rewrite the paragraphs of Article 31 of Federal Law No. 44 and agree with the requirements. Something like this:
Declaration of Conformity 3 - 9 Part 1 Article 31
Hereby Limited Liability Company "Firma" (hereinafter referred to as the Procurement Participant) declares that it complies with the following mandatory requirements:
1. compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, rendering services that are the object of procurement;
2. non-liquidation of the procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of the procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings;
3. non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, as of the date of filing an application for participation in the procurement;
4. the procurement participant has no arrears in taxes, fees, debts on other obligatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferral, installment plan, investment tax credit is granted in accordance with the legislation of the Russian Federation on taxes and fees, which restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into force on recognizing the applicant's obligation to pay these amounts as fulfilled and which are recognized as uncollectible in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the book value of the procurement participant's assets, according to the financial statements for the last reporting period. The procurement participant is considered to comply with the established requirement if he in due course an application has been filed to appeal against the indicated arrears, debts and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer);
5. the procurement participant - an individual or the head, members of the collegial executive body or the chief accountant of the legal entity participating in the procurement - has no criminal record for crimes in the field of economics (with the exception of persons whose criminal record has been canceled or expunged), as well as said individuals, punishment in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the supply of goods, performance of work, provision of services that are the object of the ongoing procurement, and administrative punishment in the form of disqualification;
6. Possession by procurement participants of exclusive rights to the results of intellectual activity, if, in connection with the execution of the contract, the customer acquires the rights to such results, except for the cases of concluding contracts for the creation of works of literature or art, performance, financing of distribution or showing of a national film.
7. the absence of a conflict of interest between the procurement participant and the customer, which means cases in which the head of the customer, a member of the procurement commission, the head of the contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body of a business company ( director, general director, manager, president and others), members of the collegial executive body of a business company, head (director, general director) of an institution or unitary enterprise or other management bodies of legal entities participating in the procurement, with individuals, including those registered as 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 and half-blooded (having a common father or mother) by brothers and sisters), adoptive parents or adoptees of the said individuals. For the purposes of this article, beneficiaries are understood to mean individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business entity or a stake exceeding ten percent in the authorized capital of a business entity.
8. The procurement participant is not an offshore company.
9. the absence in the register of unscrupulous suppliers (contractors, performers) of information about the auction participant, including information about the founders, members of the collegial executive body, the person acting as the sole executive body of the auction participant - a legal entity.
In July 2018, 44-FZ changed a lot. The amendments also affected the sample of the new declaration of compliance of the participant with the requirements of 44 FZ, since part 1 of article 31 of 44-FZ was supplemented with one more paragraph 11. There was a condition that the supplier has no restrictions on participation in public procurement.
From 07/01/2018, they were allowed not to draw up a document on paper. Now in the application form for trading platform there is a special box. Check it out to declare conformity requirements and do not draw up a separate document.
Who is eligible to participate in the procurement
An individual entrepreneur, legal entity or individual who meets all the conditions of No. 44-FZ is entitled to take part in the purchase.
Performance general conditions, which are established by law for contractors, suppliers of goods and services for state and municipal needs, must be confirmed with certain documents (license, SRO admission, etc.) and a sample declaration of compliance of the participant with the uniform requirements must be drawn up.
General requirements for procurement participants
44-FZ stipulates what conditions individuals and legal entities who want to become a contractor or supplier of goods for state and municipal needs must meet. All of them are included in the sample declaration of conformity with the requirements of Article 31 44-FZ 2020:
- there is no liquidation procedure;
- there are no decisions of the arbitration court on declaring insolvent (bankrupt) and on opening bankruptcy proceedings;
- activity has not been suspended;
- there are no arrears on taxes, dues, debts for the past calendar year, the amount of which exceeds 25% of the book value of the assets of a legal entity or entrepreneur;
- no conflict of interest with the customer;
- the applicant has exclusive rights to the results of intellectual activity;
- there is no offshore company status;
- from an individual or from officials a legal entity (manager, chief accountant, members of the board, etc.) has no convictions for economic crimes and (or) crimes under Articles 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation. It will be a mistake if you establish a correspondence between the participants in criminal proceedings and persons who have an outstanding or unexpunged conviction, since persons in the status of accused or defendants under Article 44-FZ of the Criminal Code of the Russian Federation have the right to participate in procurement;
- non-application against individuals (including officials of a legal entity-contractor or supplier) of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the supply of goods, performance of work, provision of services that are the object of the ongoing procurement, and administrative punishment in the form of disqualification;
- there are no facts of bringing legal entities to administrative responsibility for illegal remuneration on behalf of a legal entity (Article 19.28 of the Code of Administrative Offenses of the Russian Federation) within two years prior to the submission of an application for participation.
Compliance with the above requirements must be confirmed by a declaration of compliance of candidates with the general requirements. To confirm compliance, it is not necessary to prepare a separate document for each sub-item of the list. One is enough, which lists all the points. A separate declaration on the absence of unscrupulous suppliers 44-FZ in the register is not needed. The customer does not have the right to request additional documents confirming compliance with the law.
How to draw up a declaration of conformity of the participant with the requirements
The law on the contract system does not contain a direct indication of the form and content of the document. It is allowed to compose in free form. The main thing is to reflect all necessary information. Electronic auction- the most common method of bidding, therefore, as an example, we present the declaration of conformity of the auction participant, clause 3-9, part 1, article 31 of the 44-FZ, taking into account the latest changes.
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 the Financial Dictionary:
Declaration — statement, announcement, document proclaiming some provisions (principles) or containing certain information.
2. Two "kinds" of declarations
The Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” requires procurement participants to provide two "kinds" of declarations :
First view: Declaration of conformity of the procurement participant with the requirements established in accordance with clauses 3-9, 11 of part 1 of article 31 of 44-FZ (This requirement is established in p.p. "G" p. 1 h. 2 art. 51; p. 3 h. 6 art. 54.4; p. 7 h. 3 art. 73; p.p. "a" p. 4 h. 9 Art. 82.3; Clause 3, Part 9, Art. 83.1; p. 2 h. 5 art. 66 );
Second view: Declaration of belonging of the procurement participant to small businesses or socially oriented non-profit organizations (This requirement is established in p.p. "and" p. 1 h. 2 art. 51; p. 7 h. 6 art. 54.4; p. 7 h. 5 art. 66;p. 5 h. 3 art. 73; p.p. "b" p. 4 h. 9 Art. 82.3; p.8 h. 9 art. 83.1 ).
2.1 Declaration of conformity
And so, we have determined that, according to the requirements of 44-FZ, there are two “types” of declarations. Let's start from the first "Declarations of Conformity..." .
In this declaration, the procurement participant must confirm to the customer its compliance with the requirements established by paragraphs 3-9, 11 of part 1 of Article 31 of the 44-FZ, namely:
- non-liquidation of the procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of the procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings (clause 3, part 1, article 31);
- non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, on the date of filing 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 book value of the procurement participant's assets, according to the financial statements for the last reporting period. The procurement participant is considered to comply with the established requirement if, in accordance with the established procedure, he has filed an application to appeal against the specified arrears, debts and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer) (paragraph 5 of part 1 article 31);
- the procurement participant - an individual or the head, members of the collegiate executive body, the person acting as the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a conviction 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 whose convictions have been canceled or expunged), as well as the non-application of punishment against these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities that are associated with the supply of goods, the performance work, provision of services that are the object of the ongoing procurement, and an administrative penalty in the form of disqualification (clause 7, part 1, article 31);
- procurement participant - a legal entity that, within two years prior to the filing of an application for participation in the procurement, was not held administratively liable for an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation (clause 7.1, part 1, article 31 );
- the possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, with the exception of cases of concluding contracts for the creation of works of literature or art, performance, for financing 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 means cases in which the head of the customer, a member of the procurement commission, the head of the contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body of a business company (director , general director, manager, president and others), members of the collegial executive body of a business entity, the head (director, general director) of an institution or unitary enterprise or other management bodies of legal entities participating in the procurement, with individuals, including those registered as individual entrepreneur, - participants in the procurement or are close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father and mother) brothers and sisters), adoptive parents or adoptees of these 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 with this requirement together with compliance with the requirements of paragraphs 3-9, 11 of part 1 of Article 31 within one document. If necessary, you can always make two templates from these templates. individual documents.
2.2 Declaration of ownership
With the "Declaration of Conformity ..." we figured it out, now let's look at declaration of ownership procurement participant to small businesses or socially oriented non-profit organizations.
You can learn more about small businesses.
You can download the template of the declaration of compliance of the participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation” at this link.
To declare that a procurement participant belongs to socially oriented non-profit organizations, it will be sufficient to prepare a free-form document on the letterhead of the organization, indicating that the participant is a socially oriented non-profit organization.
According to the Letter of the Ministry of Economic Development of Russia N 7158-EE / D28i, FAS Russia N АЦ / 13590/14 dated 04.04.2014, the need to submit other documents confirming the status of such a participant as a small business entity, socially oriented non-profit organization, 44-FZ is not provided.
If the participant did not include the relevant information in the application, the customer has the right to refuse this person, in particular, in admission to participation in the procurement. In the event that the customer refused admission to the participant whose application contained such a declaration, a fine of up to 30,000 rubles may be collected from the officials of the customer. (parts 2, 6, article 7.30 of the Code of Administrative Offenses of the Russian Federation).
If you still have questions about declarations of conformity or ownership within the framework of 44-FZ then ask them below in the comments to this article.
That's all. I wish you good luck and new victories!
