Law No. 44-FZ provides for a number of preferences in relation to participants in the procedure with various specific statuses, as well as to products of a certain origin. Let us consider in more detail in which cases and to whom the law allows preference in procurement.
State preferences
The law establishes the obligation of the customer in public procurement to give preference to certain categories of suppliers and / or products. We are talking, in particular, about the origin of goods if they were produced on the territory of the EEC member countries or Russia itself.
At the same time, however, if the participant offers products of mixed origin, in his application for the procedure for determining the supplier, he must declare the ratio of the share of goods from different countries of production. Without such a declaration, the share of goods that give the right to a preference (ie Russian / produced in the EEC) is calculated at the price per unit of goods received in the justification of the NMCC. The share of Russian (or produced in the EEC) goods, respectively, should exceed 50% in the total volume of the proposed supply.
To the participant of the procedure, respectively, apply special conditions admission, in accordance with paragraph 7, and with the application of anti-dumping measures.
Preferences under 44-FZ when requesting quotations
In accordance with Order No. 155, when requesting quotations, as well as when conducting the procedure for determining a supplier through a tender, preferences under 44-FZ are established for applications for the supply of goods from the EEC countries as follows: in such purchases, the commission reviews and evaluates applications taking into account 15 percent reduction coefficient, and the contract is concluded at the contract price proposed by the participant in the procedure.
If the share of goods originating from Russia and/or the EEC is less than 50% of the total volume, national treatment preferences are not applied.
Preferences for disabled people under 44-FZ: government decree
In accordance with the Decree of the Government of the Russian Federation of April 15, 2014, when carrying out procurement procedures, the customer has the obligation to provide a 15 percent advantage also to organizations of the disabled and institutions and enterprises of the penitentiary system.
At the same time, a specific list of products, the purchase of which provides benefits to organizations of disabled people, is provided in accordance with OKPD2 codes, with which it is necessary to compare OKPD codes the product in question.
Preferences for goods of Russian origin: not only under 44-FZ
In September 2016, the Government of the Russian Federation adopted a resolution that establishes, from January 1, 2017, a general priority for Russian goods and services under Law No. 223-FZ.
At the same time, there are no restrictions on priorities and apply, in fact, to any items and methods (except for purchases from sole supplier) purchases under 223-FZ. It will not be necessary to prove the Russian origin of the goods in procurement, it will be enough to declare this fact in the application for participation in the procedure.
In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, competition, request for quotations, request for proposals.
State preferences for SMEs in public procurement
At the same time, in order to comply with the legislative norm in practice, the customer may require a non-SMP supplier to engage subcontractors for the direct supply of products or performance of work, which fall under such preferences.
In a broad sense, the preferences of the contract system are the advantages in terms of the price of the contract, which are provided to the following groups of participants:
- institutions and enterprises of the penitentiary system (hereinafter referred to as the penitentiary system);
- organizations of the disabled;
More detailed information presented in the table.
|
Institutions and enterprises of the penal system |
Organizations of the disabled (Article 29 of Law No. 44-FZ) |
SMP and SONKO (Article 30 of Law No. 44-FZ) |
|
|---|---|---|---|
| essence preferences |
If the winner is UIS, the price can be increased upon request |
If the winner is an organization of disabled people, the price can be increased at the request of the winner up to 15%, but no more. | Option 1. Only SMP and SONKO. Option 2. A requirement is established for attracting accomplices, subcontractors from among SMP and SONKO (part 5 of article 30 of Law No. 44-FZ). |
| When the customer must provide Benefits |
Procurement of goods, work or services included in the list approved Decree of the Government of the Russian Federation dated July 14, 2014 No. 649. |
Procurement of goods, works or services from the list for the provision of preferences to persons with disabilities under 44 Federal Laws (Decree of the Government of the Russian Federation of April 15, 2014 No. 341). |
When ordering any goods, works or services in the amount of at least 15% of the calculated taking into account the requirements of Art. 30 of Law No. 44-FZ, except for the order: 1) services for the provision of loans; 2) from a single supplier in accordance with Part 1 of Art. 93 of Law No. 44-FZ. |
| Purchasing method | All methods except and . | All methods except two-stage competition and purchases from sole supplier. |
Option 1. All methods of procurement, except purchasing from a single supplier (contractor, performer). Option 2. All methods of purchase. |
Benefits for the domestic manufacturer
In addition to the above, priority is given to participants who offer goods manufactured in Russia or in the member countries of the Eurasian Economic Union (hereinafter referred to as the EAEU). Benefits mechanism in this case implemented through the order of the Ministry of Economic Development of March 25, 2014 No. 155. The document also contains a list of products covered by such a rule.
The procedure for granting preferences (Order 155) is as follows:
- during the competition, and the participants who proposed Russian goods or goods manufactured in the EAEU receive priority according to the "contract price" criterion. Such an offer is evaluated with a 15% discount. In this case, the contract is concluded at the initial price offered by such a participant;
- when carried out in the standard way for this procedure, the winner is determined. Then, if it is a product of foreign origin, the offer price will be reduced by 15% and a contract will be concluded for it. If this is a Russian product or a product manufactured in the EAEU, the price offered by the winner of the public procurement will remain unchanged.
Please note that the evaluation of applications under PP 925 of 09/16/2016 within the framework of 223-FZ is carried out taking into account the provisions of the General Agreement on Tariffs and Trade of 1994 and the Treaty on the Eurasian Economic Union of May 29, 2014. At the same time, unlike the Order of the Ministry of Economic Development No. 155, the customer independently determines the list of goods that will receive benefits.
Tax preferences
Tax preferences are benefits that are provided to the taxpayer if he fulfills the necessary conditions(Article 395 of the Tax Code of the Russian Federation). For example, involved in charity. They are:
- territorial;
- industry;
- urgent;
- target;
- intravector and functional.
For example, territorial ones are aimed at supporting and developing certain territories, while sectoral ones are aimed at industries. They are expressed in tax incentives, reduced rates, deferred payments or full tax exemption.
Unfortunately, there are no tax incentives for public procurement.
Preference - what does it mean according to 44 FZ and in what cases does it apply? Let's take a closer look at who can benefit from bidding.
In a broad sense, the preferences of the contract system are the advantages in terms of the price of the contract, which are provided to the following groups of participants:
More detailed information is presented in the table.
|
Institutions and enterprises of the penal system |
Organizations of the disabled (Article 29 of Law No. 44-FZ) |
SMP and SONKO (Article 30 of Law No. 44-FZ) |
|
|---|---|---|---|
| essence preferences |
If the winner is UIS, the price can be increased upon request |
If the winner is an organization of the disabled, the price can be increased at the request of the winner up to 15%, but not more than the NMCC. | Option 1. Only SMP and SONKO. Option 2. A requirement is established for attracting accomplices, subcontractors from among SMP and SONKO (part 5 of article 30 of Law No. 44-FZ). |
| When the customer must provide Benefits |
Procurement of goods, work or services included in the list approved Decree of the Government of the Russian Federation dated July 14, 2014 No. 649. |
Procurement of goods, works or services from the list for the provision of preferences to persons with disabilities under 44 Federal Laws (Decree of the Government of the Russian Federation of April 15, 2014 No. 341). |
When ordering any goods, works or services in the amount of at least 15% of the SGOZ, calculated taking into account the requirements of Art. 30 of Law No. 44-FZ, except for the order: 1) services for the provision of loans; 2) from a single supplier in accordance with Part 1 of Art. 93 of Law No. 44-FZ. |
| Purchasing method | sole supplier. |
All methods, except for a two-stage tender and purchase from sole supplier. |
Option 1. All methods of procurement, except purchasing from a single supplier (contractor, performer). Option 2. All methods of purchase. |
Benefits for the domestic manufacturer
In addition to the above, priority is given to participants who offer goods manufactured in Russia or in the member countries of the Eurasian Economic Union (hereinafter referred to as the EAEU). The mechanism for providing benefits in this case is implemented through the order of the Ministry of Economic Development of March 25, 2014 No. 155. The document also contains a list of products covered by such a rule.
The procedure for granting preferences (Order 155) is as follows:
- when conducting a tender, request for proposals and request for quotations, participants who have offered Russian goods or goods manufactured in the EAEU receive priority according to the "contract price" criterion. Such an offer is evaluated with a 15% discount. In this case, the contract is concluded at the initial price offered by such a participant;
- during the auction, the winner is determined by the standard procedure for this procedure.
National treatment and preferences in public procurement
Then, if it is a product of foreign origin, the offer price will be reduced by 15% and a contract will be concluded for it. If this is a Russian product or a product manufactured in the EAEU, the price offered by the winner of the public procurement will remain unchanged.
We wrote about this in detail in the article on preferences.
Please note that the evaluation of applications under PP 925 of 09/16/2016 within the framework of 223-FZ is carried out taking into account the provisions of the General Agreement on Tariffs and Trade of 1994 and the Treaty on the Eurasian Economic Union of May 29, 2014. At the same time, unlike the Order of the Ministry of Economic Development No. 155, the customer independently determines the list of goods that will receive benefits.
Tax preferences
Tax preferences are benefits that are provided to the taxpayer if he meets the necessary conditions (Article 395 of the Tax Code of the Russian Federation). For example, involved in charity. They are:
- territorial;
- industry;
- urgent;
- target;
- intravector and functional.
For example, territorial ones are aimed at supporting and developing certain territories, while sectoral ones are aimed at industries. They are expressed in tax incentives, reduced rates, deferred payments or full tax exemption.
Unfortunately, there are no tax incentives for public procurement.
According to the law on contract system in the field of procurement, a number of organizations are provided with certain benefits. If we turn to the explanatory dictionary, then preference is defined as preference or special conditions for using something. At the same time, an advantage can be defined as a benefit or superiority, an exclusive right to something. This is nothing but the benefits to certain participants, designated by the Law. Thus, both concepts are similar.
So, for which categories of organizations does 44-FZ provide benefits:
- organizations of the penitentiary system of the Russian Federation (it is necessary to indicate in the application the requirement for granting privileges on the basis of a Government Decree);
- organizations of disabled people (you need to send a declaration in any form);
- small businesses or so-called small businesses (declaration is also required);
- non-profit organizations— SONKO (required to send a declaration of belonging to this category).
Preferences for organizations of the disabled
If such undertakings take part in the procurement, the contracting authority is obliged, in accordance with article 29 of the Contract System Law, to give preference to them. Namely, in relation to the offered price of 15%.
More reveals preferences for disabled people under 44 Federal Law Government Decree RF dated April 15, 2014 No. 341. This regulatory legal act establishes a list of goods, works or services, the purchase of which provides benefits. For example, we are talking about the purchase of bed linen, paper and cardboard, juices from fruits and vegetables. At the same time, the conditions for granting the exclusive right must be indicated by the customer in the notice of the tender. It should be noted that if the organization of the disabled is recognized as the winner, the contract is concluded under the proposed article, taking into account the advantage. However, in order to confirm that the organization belongs to this category and is eligible for the “bonus”, it is necessary to submit a confirming declaration, which is drawn up in any form.
tax incentives
In addition to the points of application of the advantages indicated above, it should also be noted analog preferences are a certain kind of advantages that apply when the specified conditions are met (Article 395 tax code RF). These include, for example, a simplified taxation system or various sectoral benefits (in areas Agriculture, healthcare or industry).
Preferences for suppliers of domestically produced goods
Also, it is necessary to pay attention to such a form of advantage as benefits to procurement participants who offer goods. domestic production. The question of preferences 155 Order dated 25.03.2014, published by the Ministry of Economic Development. It establishes the conditions for the admission of goods of foreign origin in order to satisfy state and municipal needs.
Preferences for organizations of the criminal correctional system
If the organization of the penitentiary system is recognized as the winner, it has the right to a benefit - an increase in the price of the contract by no more than 15%, but not more than the original cost of the contract.
Let's take an example. Suppose the initial maximum price the contract was equal to 3 million rubles. The enterprise of the penitentiary system was declared the winner with the contract price of 2.7 million rubles. Using this privilege, the winner has the right to conclude a contract worth 3 million rubles.
How the benefits are provided
Finally, let us turn to the question of how procurement procedures are carried out and how preferences are provided.
First of all, we recall that the customer must indicate in the notice, as well as in the documentation about procurement procedure conditions on the application of certain preferences.
Some of them need to be written in planning documents.
Preferences under 44-FZ what is it
For example, in order to place an order with small businesses (SMEs), you need to plan this in advance in a schedule. Thus, the so-called special purchases are carried out, the participants of which are only persons who belong to the SMP and SONKO. At the same time, the tender amount should not exceed 20 million rubles.
Art. 30 of the Law establishes the obligation of the customer to conduct tenders with the participation of only SMP and SONCO with a volume equal to 15% of the total annual volume of purchases.
In a competitive market for government contracts, a procurement participant who has some advantages over others has a higher chance of getting profitable contract. Who can count on preferences and under what conditions?
Preference: what does it mean according to 44-FZ
In the very general idea the concept of preference is associated with the preference of one over the other. But the criteria for such a definition in different areas of activity may vary.
For example, tax preferences are a system of monetary tax rebates that reduce the financial burden on certain categories of persons. In the field of procurement, the principle works differently. The owner of the right of benefit can count on the "inclusion" for him by the customer of the winning interest when comparative analysis with competitors without advantages.
AT Art. fourteen federal law N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" introduced the concept of national regime. In addition to the article, when delivering goods from the countries of the Eurasian Economic Union (EAEU), preferences are introduced by Order 155 of the Ministry of Economic Development dated 03/25/2014.
As a responsible executive body according to part 4 of Art. 14 N 44-FZ, the Ministry of Economic Development established preferences in relation to the contract price in the amount of 15 percent - for participants with an offer to supply goods from the EAEU in the presence of a document confirming the country of origin - to:
- competition;
- auction;
— request for quotations;
- request for proposals.
On the basis of paragraphs. 4.5 PEP review and evaluation in relation to the price of the contract for products from special list, which at the same time was produced in the EAEU, is carried out taking into account a decrease by 15 percent when submitting:
- competitive bids;
— requests for quotations;
— final decisions when requesting proposals.
The contract in all these cases is concluded with the winner at the price offered by him.
In the situation of submitting proposals with the same price conditions and (or) conditions for the execution of the contract under the specified procedures, the provision of preferences will be taken into account. The contract will be offered to the participant who has the right to them.
The situation will develop in the opposite way during the auction. The 15 percent reduction in respect of the winner's price will only occur if he offers to supply foreign goods.
If the EAEU goods are ready to be transferred to the customer, the downgrading rule for the supplier in the auction will not apply (clause 7 of the PMER). It will also not apply in the case of an offer to supply goods from the special list, which are produced both on the territory of a foreign state and in the EAEU, if the percentage of production in the EAEU is more than half.
For all the purchases named in the order, the offer for the partial supply of goods from the list will not provide the supplier with the opportunity to calculate non-preferences.
ZKS Benefits Articles
Special purpose measures in the form of benefits are introduced in the law by Articles 28-30. When determining suppliers, four categories of entities are identified to which benefits apply (part 4 of article 27). The customer in his economic calculations is obliged to take into account such prerogatives with some suppliers. Organizations entitled to benefits (in accordance with their requirement) are:
- penitentiary system (UIS);
— disabled people (OI);
— small business (SME);
— social non-commercial orientation (SONKO).
With the exception of the purchase from a single supplier, the customer is required to establish in the notice and documentation an advantage of up to 15 percent on the contract price based on the current lists of products for the MIS and OI. If such an institution is named the winner, the customer confirms the contractual price, taking into account preferences, without exceeding the initial (maximum) limit (IMCC). This is defined in articles 28, 29.
At the same time, the list of goods that will entail benefits for the penal system is approved by the government Decree of 14.07.2014 N 649 as amended by the PP of 04.02.2016 N 63). Similarly, preferences for disabled people under 44 federal laws were approved by the government on April 15, 2014.
When carrying out procedures at SMP and SONCO, a limit of more than 15 percent of the total annual total amount of its acquisitions was determined for the customer and a ceiling price of the contract was set at 20 million rubles. Such purchases are made in the form of:
— competitions: open, with limited participation, two-stage;
- auctions;
— requests for quotations and offers.
Based on part 3 of Art.
Import substitution in the public procurement system under 44-FZ
30 in this case, the notice states a restriction for other procurement participants. For NSR and SONKO, it is required to declare your affiliation.
Subject to Part 5 of Art. 30 there is a legal possibility in the procurement conditions to establish an admission for entities that do not belong to these privileged categories. Then for them the task arises to attract subcontractors, co-executors from the SMP, SONKO to the execution of the contract. Such purchases are also taken into account in the amount of obligations established for the customer.
The government may establish standard contractual conditions when engaging subjects under Art. 30. On the basis of part 8 of this article, the contract with the subject of the NSR or SONPO includes required condition on payment upon completion of the execution, or a separately delivered stage, within a period of not more than 15 working days from the date of signing the acceptance document (part 7 of article 94).
Namely, in relation to the offered price of 15%. The Decree of the Government of the Russian Federation dated April 15, 2014 No. 341 discloses in more detail the preferences for the disabled under 44 Federal Laws. This regulatory legal act establishes a list of goods, works or services, the purchase of which provides benefits. For example, we are talking about the purchase of bed linen, paper and cardboard, juices from fruits and vegetables. At the same time, the conditions for granting the exclusive right must be indicated by the customer in the notice of the tender. It should be noted that if the organization of the disabled is recognized as the winner, the contract is concluded under the proposed article, taking into account the advantage. However, in order to confirm that the organization belongs to this category and is eligible for the “bonus”, it is necessary to submit a confirming declaration, which is drawn up in any form.
Preferences under 44-fz: what is it
This is nothing but the benefits to certain participants, designated by the Law. Thus, both concepts are similar. So, for which categories of organizations does 44-FZ provide benefits:
- organizations of the penitentiary system of the Russian Federation (it is necessary to indicate in the application the requirement for granting privileges on the basis of a Government Decree);
- organizations of disabled people (you need to send a declaration in any form);
- small businesses or so-called small businesses (declaration is also required);
- non-profit organizations - SONKO (required to send a declaration of belonging to this category).
Preferences for organizations of persons with disabilities If such enterprises participate in the procurement, in accordance with Article 29 of the Law on the Contract System, the contracting authority is obliged to give preference to them.
Preferences and benefits in the contract system
- home
- Tender
Author: Kokorev Vladimir August 14, 2017 Preference - what does it mean according to 44 Federal Law and in what cases does it apply? Let's take a closer look at who can benefit from bidding. Preferences and Benefits in the Contract System: What's the Difference Broadly speaking, preferences in the contract system are advantages in terms of the price of the contract that are granted to the following groups of participants: See the table for more details. Institutions and enterprises of the penal system (Art. 28 of Law No. 44-FZ) Organizations of the disabled (Art.
29 of Law No. 44-FZ) SMP and SONKO (Article 30 of Law No. 44-FZ) The essence of the preference If the winner is the UIS, the price can be increased at the request of the winner up to 15%, but not more than the NMTsK. If the winner is an organization of the disabled, the price can be increased at the request of the winner up to 15%, but not more than the NMCC. Option 1.
Check if you are eligible for 44-FZ preferences
When purchasing such goods under 44-FZ, preferences are provided to participants supplying goods of Russian, Belarusian and Kazakh origin. The form of such favoring depends on the method of selection of the supplier. Preferences when participating in tenders and requests for proposals Let's say that suppliers of goods of Russian, Belarusian or Kazakh origin, as well as goods from other countries, participate in a tender or request for proposals.
In this case, when evaluating bids according to the "price of the contract" criterion, a 15% reduction coefficient is applied to the proposals of suppliers of goods from Russia, Belarus and Kazakhstan. In this case, the contract with the supplier is concluded at the price of the contract named by him in the application (parts 4-5 of the order of the Ministry of Economic Development dated March 25, 2014 No. 155).
What are the conditions for granting preferences under 44-FZ?
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We will reveal the topic of national treatment in procurement under 44-FZ and 223-FZ. We will answer the questions: what is the national regime, in what cases, in what forms and for what it is applied, we will show the difference between such a regime in 44-FZ and 223-FZ, we will give examples. National regime in procurement under 44-FZ The national regime in public procurement is the rules applied to goods (works, services) that are produced on the territory of a foreign state.
Purchasing School
The scheme for granting preferences is as follows:
- For institutions of the penal system: if the institution of the penal system wins the auction, at its request, the price of the contract can be increased by 15% (but it must not exceed the initial price - NMTsK). For example, the NMCC in the purchase is 1 million rubles. If the UIS won the auction, with an offer of 900 thousand rubles, the contract is concluded in the amount of 1 million rubles, and not 1.035 million rubles, as one might assume.
- Organizations of the disabled are provided with benefits according to the above method (increase in the price of the contract upon its conclusion by no more than 15%);
- To place an order, special purchases are announced from the SMP and SONCO, to which persons who are not listed in Art. 30 FZ-44 subjects. The purchase amount should not exceed 20 million rubles.
What are preferences under the 44th federal law
The national treatment and the most favored nation treatment (benefits) mean that in the event of a tender, request for quotations or request for proposals, a reduction factor of 15% is applied to a supplier of products from the EAEU countries, and if it is won, the contract is concluded at the full price offered by the supplier. Example. Two applications for participation in the competition have been submitted: one participant offers tractors made in Kyrgyzstan (a country - a member of the EAEU), the other - tractors from Germany. The price offered by the first supplier is 1 million rubles, the second - 900 thousand.
rubles. Under the conditions of the national regime, the price of the first participant is considered as 1 million rubles. - 15% = 850 thousand rubles. That is, the winner is the participant who offered tractors from Kyrgyzstan, while the contract with him is concluded at the price of 1 million rubles offered by him.
What preferences do suppliers of goods from the Russian Federation, Belarus and Kazakhstan have?
In the national regime, according to 44-FZ, prohibitions, restrictions and conditions for admission are established for foreign goods, and the norms of 223-FZ establish only priorities for products from the Russian Federation, which are reflected in the evaluation criteria or the price of the contract, and applications from suppliers of foreign products are not rejected. Subscribe to our channel in Telegram We will talk about breaking news and publications. Read us where it's convenient. Always stay up to date! Subscribe Dear readers, if you see an error or a typo, please help us fix it! To do this, select the error and press the "Ctrl" and "Enter" keys at the same time.
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44 fz preferences
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Preferences under 44 fz 2016
- support for Russian manufacturers;
- support for member countries of the Eurasian Economic Union (EAEU);
- a ban on foreign dual-use products;
- the development of the Russian economy as a whole;
- maintaining the country's defense capability;
- ensuring national security.
The national regime (44-FZ) operates in three main forms:
- prohibitions;
- restrictions;
- admission conditions (preferences).
Related materials Prohibition of foreign goods under 44-FZ In relation to goods that are produced on the territory of a foreign state, there is a ban on the admission of products: and: The ban does not apply if the production of the necessary goods is not available on the territory of the Russian Federation or member countries EAEU.
What are fz 44 preferences
Materials on the topic Restrictions on foreign goods under 44-FZ Restrictions are set on admission: When conducting an electronic auction, applications with foreign goods from this list are allowed, but benefits are provided to products from the countries of the Russian Federation and countries - members of the EAEU. If a participant wins with foreign products, a coefficient is applied that reduces the cost of his proposal by 15%. Example. AT electronic auction the participant supplying the German medicine offered the lowest price of the contract - 800 thousand rubles.
rub. and became the winner. An agreement with such a participant is concluded at a price of 80 thousand rubles - 15% = 68 thousand rubles. Materials on the topic Conditions of admission (preferences) under 44-FZ Preferences are benefits for certain types of goods (the list can be found in the Order of the Ministry of Economic Development of the Russian Federation of March 25, 2014 N 155), which apply to the EAEU countries.
Under the law on the contract system in the field of procurement, a number of organizations are granted certain benefits. If we turn to the explanatory dictionary, then preference is defined as preference or special conditions for using something. At the same time, an advantage can be defined as a benefit or superiority, an exclusive right to something. This is nothing but the benefits to certain participants, designated by the Law. Thus, both concepts are similar.
So, for which categories of organizations does 44-FZ provide benefits:
- organizations of the penitentiary system of the Russian Federation (it is necessary to indicate in the application the requirement for granting privileges on the basis of a Government Decree);
- organizations of disabled people (you need to send a declaration in any form);
- small businesses or so-called small businesses (declaration is also required);
- non-profit organizations - SONKO (required to send a declaration of belonging to this category).
Preferences for organizations of the disabled
If such undertakings take part in the procurement, the contracting authority is obliged, in accordance with article 29 of the Contract System Law, to give preference to them. Namely, in relation to the offered price of 15%.
More reveals preferences for disabled people under 44 Federal Law Government Decree RF dated April 15, 2014 No. 341. This regulatory legal act establishes a list of goods, works or services, the purchase of which provides benefits. For example, we are talking about the purchase of bed linen, paper and cardboard, juices from fruits and vegetables. At the same time, the conditions for granting the exclusive right must be indicated by the customer in the notice of the tender. It should be noted that if the organization of the disabled is recognized as the winner, the contract is concluded under the proposed article, taking into account the advantage. However, in order to confirm that the organization belongs to this category and is eligible for the “bonus”, it is necessary to submit a confirming declaration, which is drawn up in any form.
tax incentives
In addition to the points of application of the advantages indicated above, it should also be noted analog preferences are a certain kind of benefits that apply when the specified conditions are met (Article 395 of the Tax Code of the Russian Federation). These, for example, include a simplified taxation system or various sectoral benefits (in agriculture, healthcare or industry).
Preferences for suppliers of domestically produced goods
Also, it is necessary to pay attention to such a form of advantage as benefits to procurement participants who offer domestically produced goods. The question of preferences 155 Order dated 25.03.2014, published by the Ministry of Economic Development. It establishes the conditions for the admission of goods of foreign origin in order to meet state and municipal needs.
Preferences for organizations of the criminal correctional system
If the organization of the penitentiary system is recognized as the winner, it has the right to a benefit - an increase in the price of the contract by no more than 15%, but not more than the original cost of the contract.
Let's take an example. Suppose the initial maximum price of the contract was 3 million rubles. The enterprise of the penitentiary system was declared the winner with the contract price of 2.7 million rubles. Using this privilege, the winner has the right to conclude a contract worth 3 million rubles.
How the benefits are provided
Finally, let us turn to the question of how procurement procedures are carried out and how preferences are provided.
First of all, we recall that the customer must indicate in the notice, as well as in the documentation on the procurement procedure, the conditions for the application of certain preferences.
Some of them need to be written in planning documents. For example, in order to place an order with small businesses (SMEs), you need to plan this in advance in a schedule. Thus, the so-called special purchases are carried out, the participants of which are only persons who belong to the SMP and SONKO. At the same time, the tender amount should not exceed 20 million rubles.
Art. 30 of the Law establishes the obligation of the customer to conduct tenders with the participation of only SMP and SONCO with a volume equal to 15% of the total annual volume of purchases.