Integrity and business reputation of the purchasing participant.

Country house Here we will show you how you can fill out a sheet with information that confirms the participant’s purchase amount up to Federal Law 44. The buyer may need this sheet to reduce the amount security decreases during the course of electronic auction

Pochatkova maximum contract price is 25% lower.

Information about the registration of requests to fill out the trace sheet in the register of contracts. (Information that is included in the Unified Register of State and Municipal Contracts) From the station to the station.

37 part 3

Federal law

Order number Name of the deputy

Contract amount

general director TOV "Romashka" Ivanov I.I. You can download the form in the format.doc for independent filling by clicking on the message.

Yak one

anti-dumping approaches

The participant may become confused.

This article will help you figure out what is behind these concepts and how to confirm the confusion.

What is so confusing about 44-FZ

The required records are located in the EIS, and in the registry of contracts that were previously stored with government officials.

In this case, all items may be completely closed, so that they will have the status “Victoria completed” or “Victoria added”.

1. Information that confirms the participation of the participant in the procurement of 44-FZ may be available (by choice):

   Three or more Wikonian contracts lasting one day before the application submission date.

   Documents that confirm the participation of the participant in the competition 44-FZ

2. No penalties.
3. Read more than two contracts before the application submission date.

75% without penalties.

Three and more contracts lasting three years before the application submission date.

No penalties.

It is important to note that in over-insurance options, the price for one of the documents is less than 20% of the price quoted by the participant in the live auction.

Moreover, the subject of the completion of legal acts is not specified by law, so it may be that the participant does not need to confirm the fact of the completion of similar government contracts.

The law does not establish clear requirements for the form of information that is being reviewed.

Therefore, such documents can be folded in a suitable format.
In order to make it easier for the participant to unapologetically collect all the necessary documents, and for the deputy to verify them, manually quickly run through the table to contain all the information required by law.
The image of the leaf, which confirms the honesty of the postal owner, can be lowered.

Subject to Parts 1 and 2 of Art.
37 44-FZ, anti-dumping rules have been established, which are expanded to apply to competitions and auctions.

If a purchasing participant has applied for a price reduction of 25% or more, anti-dumping provisions are established that lie within the initial maximum price of the contract (NMCP), between which the value is 15 million rubles.

Since the NMCC is less than or more than 15 million rubles, the contract will be settled only after the contractor has provided security for the contract, which is 1.5 times greater than the amount of security for the contract indicated in the documentation or information, which confirms the existence of such a participant as of the date of submission of the application .

Illustration of the sheet about confirming the postponer’s dullness

Contract price Suspension of fines, penalties, penalties 2011 r_k

2012 r_k

2013 r_k

All information is presented from
Unified register
state and municipal contracts on the website www.zakupki.gov.ru.

I confirm the reliability of the information.

With respect,

General Director ________________ Ivanov I.I.
(on the basis of the Statute)
Enchant the symbol of the sheet about confirming the postman’s dullness

It is not long ago that agreement with the contract is the main parameter in the choice of cooperation with the purchasing authorities.

44-FZ also conveys such a criterion as the qualification of the participant.

Let’s figure out what this kind of benefit entails for post-graduates to confirm their credentials.

• The essence of the criterion is “credibility and business reputation”
• The choice of a counterparty that clearly and promptly concludes the agreement will always be respected by the deputy.
• The level of trust in a singing organization is based on a set of criteria, such as:
• history of the organization: the importance of the presence of the subject of entrepreneurial activity on the market for its profile of economic activity, evidence and obligations of the goods supplied, their work, services;
• costs: security of the customer with material resources, necessary production and supply of products, wickerwork, provision of services;

personnel: availability of qualified specialists and technicians in the bidder; Image: acceptance of the organization by clients and partnership; reliability: the completeness and reliability of the records provided by the organization.

There is a great deal of potential for good cooperation with the company that may

greatest quantity

overinsurance rather than positive parameters.

In connection with this, the legislator has provided such a tool for predicting successful transactions, such as assessing reputational potential.

Evaluation criteria Resolution dated November 28, 2013 No. 1085 reveals evidence of unfair evaluation criteria, but does not provide a meaningful concept of “business reputation.” Securing the application and sheet about the amount of the postal owner

The deputy needs to ensure a unified and objective approach to the ranking and selection of the postal manager at the time of conducting

different species

purchase

As documents that confirm the presence of a positive reputation, there can be, for example, certificates, certificates, diplomas of both the organization itself and the military personnel. The certificate of assessment of business reputation is also expanded. How to correctly establish the presence of certificates

• This food is extremely difficult.
• Today, low national standards for assessing the evidence and business reputation of individuals who work have been fragmented and confirmed
• business activity
• in different galuzahs:
• production and sales of fire-technical products, GOST R 66.9.01-2015;
• assignment of services to ensure the safety of objects, DERZHSTANDARD R 66.9.02-2015;
• services for transporting large-sized vans, GOST R 66.9.03-2016.

There are two points of view regarding the availability of certificates in the application warehouse. For example, by the Resolution of the Thirteenth Arbitration Court of Appeal dated 03/03/2016 No. 13AP-31280/15, the validity of certificates was found to be lawful. And, for example, the Ministry of Economic Development explained that the government official does not have the right to extract from participants the evidence of a business reputation index insured by an organization accredited by the voluntary certification system.

The Agency states that in accordance with 44-FZ, the assessment of the certificate and business reputation of the certificate does not require issuance.

Retrieving a document shows significant time and financial expenses and an administrative barrier for participation in procurement (sheet of the Ministry of Economic Development of Russia dated January 19, 2017 No. OG-D28-761).

How to check your business reputation assessment certificate Take into account that the greater criterion is the recognition of the postal owner from the side professional strength

The tender participant is faced with dumping from the government very early on.

Dumping itself has been evident in the sphere of tenders for a long time, practically since the moment when the institution of sovereign purchases from Russia became guilty.

The concept of “anti-dumping approaches” appeared in the government recently, and only after the adoption of 44-FZ.
Law No. 94-FZ, which was in effect before 44-FZ, had the same understanding.
In practice, however, dumping was not something the legislative power attempted to do to combat this phenomenon.
What does the government mean by “dumping” today and what are the ways to combat this phenomenon?
Let's try to get married to everyone!

What is dumping from the government?
The word dumping is included in the English word dumping, in the translation of discounting (sales at piecemeal reduced prices).

Most often, dumping prices are lower for markets and lower for compliance.

Under the dumping of 44-FZ, it is understood that the participant’s price proposal will be reduced by 25% or more than the initial (maximum) price of the contract.

If the purchase limit is 1,000,000 rubles and the price proposition of the participant is 750,000 rubles or more, then such a proposition is recognized as dumping, since the buyer places 750 0 01 ruble, then dumping is not prohibited by law.

Have you caught the fine line?
One ruble or one kopeck can be added to those whose price is determined to be a dumping price. Of course, such an approach is formal and may have a mediocre approach to the market. The government has its own rules on the market and the rules of 44-FZ.
Let's look at anti-dumping approaches under Federal Law 44 in more detail.
Two situations are possible:
Option No. 1 Price (NMC) purchased over 15 million rubles.
And here, in line with Part 1 of Art.

37 44-FZ, if the price of the procurement and dumping arrangement is reduced by 25% or more, then the buyer concludes a contract with such a participant only after the agency has secured the contract with a coefficient of 1.5.

However, the amount is not less than the size of the advance (as an advance payment for purchasing documentation and a project contract).

Then the purchasing participant, bidding the price by 25% and the lower price from the NMC, may be ready to secure the contract in 1.5 times.
The participant can choose to secure the contract either in the form of a bank guarantee or by over-insurance
In addition, one may be tempted to consider the statute of limitations of such contracts, as well as the severity and availability of penalties:
Option #1: 3 and more contracts lasting 1 term until the date of application, without penalties.
Option #2: 4 and more contracts for 2 years before the date of application, 75% of contracts without penalties.
Option #3: 3 and more contracts for 3 years before the date of application, without penalties.
In this case, the price of one contract is no less than 20% of the participant’s price proposal in the procurement procedure.

IMPORTANT: Please note that contracts that confirm the validity of the contract must be entered into the register of contracts.

The fact that such a contract was entered into the register must be verified independently.

Contracts that are not entered into the register of contracts cannot be considered by participants as information that confirms the validity.
In case of a daily contract being placed with the registry, please contact the deputy to clarify the reasons.
Submission of contracts to the Register is subject to the obligations of the deputy, which also bears administrative responsibility.
In practice, information that confirms the confusion can be presented by the buyer in the form of evidence from the flow of contracts, which correspond to Options No. 1, 2 and No. 3, which we have discussed with you Is it better?

In such a case, the purchasing participant can also record the submission on the entry in the register of contracts. To confirm the information, the applicant can submit receipts from the register of contracts, as well as copies of these contracts and assets (the participant submits the document without obligation, otherwise to the court). In some situations, the deputy may obtain information that confirms the suspicion is unreliable, such as:

- the participant provided information about the uncertainty of unfinished contracts

Option #1: If the Deputy holds a competition for research and development, research and development and technological robots, then the competition documentation may include different criteria for evaluating applications at a price reduction of 25% more for NMC and less than 25% for NMC.

Option #2: For example, a participant in such a competition reduces the price by 25% or more, in which case the Deputy reduces the coefficient of significance for the price proposition and sets it equal to not 60%, but 30%, for assessing the qualification The coefficient in the country, for example, is not 40%, but 70% .
Thus, the application of the “dumping” participant is evaluated in such a way that it is impossible to demonstrate a reduced price, since the participant in this category is guaranteed to score fewer points.
These figures are indicated for the sake of example and it is natural that the buyer is obliged to write down in the purchasing documentation the coefficient of significance and the reason for which smells will be involved.
If the manager is currently purchasing goods for life (products, supplies for first aid, etc.), then the participant will receive up to 1.5 times the security of the contract (or information that confirms the sum ) it is necessary to circumnavigate the reduction in the price proposition with the following way:

- warranty sheet from the manufacturer (with the price and quantity of the product)- documents that confirm the fact that the goods are available to the participant in the procedure - other documents Option #3.

Anti-dumping approaches in certain situations cannot be blocked, for example, once purchased liquids that are included before the transfer of necessary and important liquids (such transfer is confirmed by the Order of the Russian Federation). Ale price

medicinal drugs

We examined in detail the anti-dumping approaches to 44 Federal Laws, looked at the uncertainty of the postal owner in all aspects, and methods for confirming the uncertainty.

Now let's put the nutritional value on how effective the entry data are, prescribed by the authors of 44-FZ?

On the right is that the dot at the designated dumping price or non-dumping price is assigned to the maximum contract price (MCP).

Well, as practice shows, the NMC replacement can be formed and wrapped absolutely no matter what, without the market price.

Just because NMC 1,000,000 does not mean at all that the real value of goods, work, and services is the same as 1,000,000 rubles.

Of course, the purchase manager is responsible for ensuring that the purchasing procedure is completed.

two years before the date of submitting an application for participation in the competition or auction of four or more contracts (in which at least seventy-five hundred contracts will be entered into without registration until such participant receives penalties (fines, penalties) );

three years before the date of submission of the application for participation in the competition or auction of three or more contracts (in which case all contracts are valid without registration until such a participant of penalties (fines, penalties)).

Thus, the procurement participant provides information about the conclusion of contracts to the authorities for any of the three options provided by Part 3 of Article 37 of Law No. 44-FZ.

In this case, it is consistent with Part 2 of Article 37 of Law No. 44-FZ, that when an auction is held, the maximum (maximum) price of the contract is fifteen million rubles and less than the purchase participant under which the contract is stipulated , the price of the contract was stated at twenty p' If there are more than hundreds of minimum (maximum) prices for the contract, the contract is established only after such participant has secured a contract of the size specified in Part 1 of Article 37 of Law No. 44-FZ, or information ї, which confirms the existence of such a participant as of the date of submission of the application. to Part 3 of Article 37 of Law No. 44-FZ.

We are instantly losing respect for the fact that the legal force of the clarification of the body is looming sovereign power, since this authority is subject to legislation Russian Federation special competence to provide clarification of the status of the provisions of regulatory legal acts.

M.V.

Chemerisiv

The procurement participant provides information about the concluded contracts to the authorities for any of three options.

In addition, by the time the auction is held, the NMCC will receive 15 million rubles.

And less than the purchasing participant has quoted a price that is 25 or more hundreds lower for the NMCC, the contract is established only after such participant has secured the contract.

Before we ever decide to “give” a contract, we are aware of the common sense of corruption - there is often an element of special trust.

I trust the postman - and I make an agreement with him: “I will not let you down.”

Until the post-competition participants, there is no such trust: for the sake of pleasure, to deliver an unclear product, to break the terms... In a situation where most contracts are settled “at the end of the day”, the contract will not be allowed to strike more by reputation, and more by financing budget support in the future.

The law “On the contract system in the sphere of procurement of goods, labor, and services for the provision of state and municipal needs” has been given special respect to the increased demands that stimulate the confusion of both sides.

Let's look at some of them in the report.

1. Inclusion in the register of unsuspected postal workers (contractors, Vikonavians)

Inclusion in the register of unsuspecting postal employees is not only (and not so much) an image loss, as much as it is a real legal authority (in the form of interchange of competence), the essence of which is “fencing”.

Submissions for inclusion in the Register of Uncommitted Postal Workers

Umovi, for which postalnik can but inclusions up to RNP, up to 94-FZ () and up to 44-FZ () are practically identical.

• Guess what:
• deformation of the terms of the agreement (except for the lack of provision in the terms of the security of the agreement);
• dissolution of the contract for the decisions of the court (in 94-FZ there was a guard: “in the event of a complete breakdown of the minds of the contract”);

The deputy has made a decision about the unilateral dissolution of the agreement in connection with the essential destruction of his mind by the other party. The deputy has the right to make decisions on the unilateral approval of contracts on documents transferred to the Central Committee of the Russian Federation for unilateral approval of contracts of several types

Zobov'yazan for the mind, scho this was transferred to the contract ().

The Lawyer of the Claims to praise the decision about the unilateral conclusion of the contract, which during the negotiation of the contract stipulated that the contractor (contractor, contractor) does not comply with the established benefits before the procurement participants or by giving inaccurate information about his identity to such advantages, which allowed him to become a successor postalnik (contractor, Vikonavian) ().

2. Security of the contract and anti-dumping approaches

We are extremely grateful that the contract manager can now ensure that the contract is ensured in all cases of the current purchase (small faults are indicated).

• The "fork" for the size of the security contract is inserted into:
• from 5 to 30% of the initial (maximum) price of the contract, if the initial (maximum) price of the contract is equal to or less than 50 million rubles;

from 10 to 30% of the initial (maximum) price of the contract, since the initial (maximum) price of the contract exceeds the assigned amount.

If the contract prescribes payment in advance, then the amount of security provided for in the contract cannot be less than the advance payment, since the amount of the advance exceeds 30 hundred rubles of the initial (maximum) price of the contract.

The first one is a guarantee of a contract with an expanded size.

It becomes stagnant if, during the time of the competition or auction, the cob (maximum) price of the contract decreases by 25% or more:

• if the amount is to exceed 15 million rubles, the postal owner gives security to the contract at a second-fold size (or at least as low as an advance payment, if the contract transfers payment to the advance) ();
• I guess the sum is 15 million rubles.

And less, then the applicant will secure the contract in a secondfold amount or confirm his amount on the date of submission of the application ().

The other is the confirmation of the postal owner’s identity in documents at the time of submitting the application.

As is obvious from the previous paragraph, it’s worth asking that the amount should be 15 million rubles.

• And less, in cases where during the competition or auction the maximum contract price is reduced by 25% or more.
• The integrity of the buyer can be confirmed by the information located in the register of contracts.
• This information may indicate one of the following facts:

The participant purchased 3 or more contracts lasting 1 term before submitting the application without penalties;

The participant has won 4 and more contracts spanning 2 years before submitting the application, of which no less than 75% of the contracts have been concluded without fines or penalties; The participant has completed 3 years before submitting an application and has completed 3 and more contracts without fines and penalties.

In any case described above, the price of one of the contracts must become no less than 20% of the initial (maximum) price ().

Information that confirms the postponer’s arrogance, who has changed the amount of the contract for the competition by 25% or more, is provided by the postal owner in advance.

If the participant does not provide information about his/her doubts at the warehouse of the application for participation in the competition, then the contract from it is established after it is possible to secure the contract for the one described in the first version of the model (). At the hour of the electronic auction, information about the amount of the bidder is transmitted at the hour to the manager of the contract signed with the project.

If a participant in such a competition or auction has quoted the price of the contract 25% lower than the maximum, he is required to provide the buyer with a quotation price.

This may include a warranty sheet from the manufacturer and other documents and packaging ().

As a single effective anti-dumping approach to Article 37 of Law No. 44-FZ, the buyer has the right to establish different values ​​for the significance of the criteria for evaluating applications, which is to determine the price to be less than 25% lower than the maximum and 25% less more below the maximum.

3. Avoiding conflicts of interest and preventing corruption Fighting against “obsessed persons” in Russian legislation

Still afraid.

Let's start a smut here. Amended by Law No. 94-FZ progress. First term - a new benefit has appeared for purchasing participants: the presence between the purchasing participant and the manager of a conflict of interest. Under the conflict of interests in the contract system, there are conflicts, such as a kernel manager, a member of the commission for this procurement, a kernel worker contract service Deputy assistants and contract clerks work with individuals who occupy positions of directors, presidents and other management bodies ().

legal entities

- Participants in the purchase, with individuals - participants in the purchase or close relatives of the purchaser

physical characteristics The third term is the disclosure of information about all contractors and subcontractors. In some cases, the cob (maximum) price of the contract for this purchase exceeds 1 billion rubles (for this purchase to meet federal needs) or 100 million rubles (for this purchase for regional and municipal needs) the contract may be subject to postal obligations provide information about all contractors, subcontractors who have entered into a subcontract(s) with the contractor (contractor, contractor), the price of which or the legal price of which is more than 10% of the contract price ().

This information is provided to the Vice-President within ten days from the date of entering into an agreement with the Contractor (subcontractor).

In this case, the contract may include transfer of liability for non-delivery assigned information

Conscientiousness according to 44-FZ is a characteristic of a procurement participant, which allows the contractor to make decisions regarding the execution of a sovereign contract with him in cases where the participant significantly reduces his commitment to the NMCC.

It is difficult to confirm that the potential contractor is reliable and has the necessary evidence.

When it is necessary to confirm confusion

Federal Law No. 44-FZ establishes a number of ways in which state officials can make profit and make ready purchases.

• Each of these methods focuses on setting an adequate price for the product, robot or service that is purchased, which corresponds to market minds.
• During the procedure, the potential counterparty lowers the declared NMCC by 25% or more, which raises doubts about its reliability.

The legislator urges the government deputy to make anti-dumping approaches in such situations: since the NMCC exceeds 15 million rubles, the procurement participant claims to ensure the security of the contract, so that the second time the document is exceeded I'll tell you about purchasing the size. If NMCC does not exceed 15 million rubles, the participant may choose: provide immediate security, immediately increasing the confusion of the participant in the procurement under 44-FZ;

give one-and-a-half times the protection of your crops to the best of your ability from the deputy.

Information that confirms the participation of the participant in the procurement of 44-FZ may be required by the buyer in case of a significant reduction in the purchase price during the period of competitive procedures, including

• electronic form
• and auctions.
• What about confirmed confusion?

Part 3 of Art.

37 44-FZ.

The contractor is recognized as trustworthy because the registry of contracts contains information about those that he has completed and completed without any further penalties:

Speaking about ensuring the reliability of the contractor, the legislator requires the provision of information that is located in the register of contracts.

There is no information available from behind the scenes.

There are no special documents required for the postal owner; you just need to register and give the register information to the deputy.

• The form of such a formalized form is not established by law: it can be submitted in the form of a declaration, guarantee or information sheet.
• In any document the contractor does not document information about his evidence and reliability, indicate in any document:
• registration number of the contract;
• hiring and IPN of a deputy;
• price;
• item;

the term laying and the term vikonannya goiter;

an inscription on the delivery of the penalty, if such a small place.

As a confirmation of your doubts, you can use the form of the information sheet.

The information provided by the purchasing participant is verified by the deputy.

1. If, at the time of verification, the official reveals the inaccuracy of the information given, in case of a paper competition, the participant’s application will be rejected, and if there is an electronic competition or auction, the contract will not be signed, and the contractor will be recognized as having failed in ID of installation.
2. Coming changes in legislation
3. The President has signed a bill that essentially amends 44-FZ, limiting the procedure for establishing anti-dumping claims and the rules for confirming suspicion:

Before the anti-dumping measures are suspended, it is possible to reduce the purchase price by 25% or more, as well as certain other goods, services, and services.