Declaration of conformity of the participant to the established uniform requirements. What must the bidder declare?

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 clauses 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

By this Society with limited liability The "Firm" (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 law Russian Federation to persons engaged in the supply of goods, performance of work, provision of services that are the object of procurement;
2. non-liquidation of a procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of a procurement participant - a legal entity, or individual entrepreneur insolvent (bankrupt) and 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 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 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 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 absence of the procurement participant - an individual or the head, members of the collegiate executive body or the chief accountant of a legal entity participating in the purchase of a criminal record for crimes in the sphere of the economy (with the exception of persons whose conviction has been canceled or removed), as well as the non-application of punishment in respect of these individuals in the form of deprivation of the right to borrow certain positions or engage in certain activities that are related to the supply of goods, the performance of work, the provision of services that are the object of the ongoing procurement, and an administrative penalty 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 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 a business company, head (director, general director) of an institution or unitary enterprise or other management bodies legal entities- procurement participants, with individuals, including those registered as an individual entrepreneur, - procurement participants 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 common father or mother) brothers and sisters), adoptive parents or adoptees of these 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, executors) 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.

The declaration is filled out in accordance with Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ, clause 11 of the Regulations, approved. Government Decree No. 1352 dated December 11, 2014, Order No. 262 of the Ministry of Economic Development dated May 31, 2017, clarifications from the Ministry of Economic Development.

In the declaration, depending on compliance with the criteria, it is necessary to confirm the assignment to small or medium-sized businesses. At the same time, in relation to the declarant, it is necessary to indicate:

name of the procurement participant;
location address;
TIN / KPP, number and date of issue of the certificate of registration;
OGRN;
information on compliance with the criteria for inclusion in the NSR, as well as information on manufactured goods, works, services and activities (in tabular form).

The declaration may be submitted on paper or in in electronic format. In paper form, the declaration is filled out in black, purple or blue ink. filling electronic form declarations must be made in capital letters in Courier New font, 16 to 18 points high.

Items 1 to 11 are required to be filled in the table.

In paragraphs 1 and 2, if the criteria specified in them are met, in column 5, “yes” or “does not exceed at the time of filling” is entered. If desired, in column 5, you can indicate the actual indicator.

SMEs that are not LLCs put dashes in the indicated columns.

In paragraphs 3 to 6, you must indicate “yes” or “no”, depending on the compliance with the conditions given in them.

In paragraphs 7 and 8, only cells 7-4 and 8-4 are filled, respectively, with actual values.

Clause 9 indicates information about licenses with a listing of all data from the Unified State Register of Legal Entities or EGRIP: series and license number, date of issue, date of commencement of validity, date of expiration, name of the licensed type of activity for which the license was issued, information about the address of the place of implementation of the licensed type of activity , the name of the licensing authority that issued or reissued the license, information on the suspension of the license, the state registration number and the date of making an entry in the Unified State Register of Legal Entities (EGRIP) containing the specified information. If there are no licenses, "none" is indicated.

Paragraph 10 of the table indicates data from the Unified State Register of Legal Entities or EGRIP with the transfer of OKVED2 and OKPD2 codes.

In paragraph 11, it is necessary to indicate the types of activities actually carried out, the goods produced by the NSR entities, the work performed, the services rendered, listing the OKVED2 and OKPD2 codes.

Inaccurate information in the SME declaration

Inclusion of false information in SME declaration may lead to:

removal of an SME participant from participating in the selection of a supplier (contractor, performer) or refusal to conclude a contract with the winner of the determination of a supplier (contractor, performer) at any time before the conclusion of the contract;
termination of the concluded contract with the recognition of the SME person as having evaded the conclusion of the contract;
adoption by the customer of a decision on unilateral refusal to execute the procurement contract;
inclusion of an SME person in the register of unscrupulous suppliers in the event of termination of the procurement contract.

Many would like to work with state or municipal orders commercial organizations. After all, by concluding a contract with a customer financed from the budget, and fulfilling its obligations in a timely manner, the company is guaranteed to receive payment for its work, since such contracts are concluded only if there are funds for this.

However, entrepreneurs are often afraid to participate in tenders, considering this area to be thoroughly corrupt, and the tendering procedures themselves too complicated.

In most cases, both the first and second opinions are wrong: participation in public procurement is not a very difficult procedure. True, in order to participate in the auction, an organization or an entrepreneur must meet a number of requirements.

What does FZ-44 say

The fundamental normative act governing procurement in public sector, is the federal law No. 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs”, adopted in 2013 and effective from January 1, 2014. More often and more commonly, this law is referred to as the Law on the Contract System, or simply FZ-44.

Despite the rather large volume and dryness of the wording, a large number of references from article to article, this normative act defines in detail and clearly the entire procurement process for state employees (both financed from the budget of the Russian Federation, budgets of the regional and municipal levels).

He establishes:

Principles and purposes of such purchases;
Requirements for bidders;
Requirements for the preparation of procurement documentation by customers (with a detailed description of the goods / work / service required by the customer, the price that he is ready to pay and the draft contract to be concluded with the winning bidder);
Order of conduct various kinds procurement (auctions, competitions, requests for quotations and proposals);
Opportunities for procurement without bidding (at sole supplier/contractor/performer);
Features of procurement through electronic trading platforms (ETP), registration of bidders on them;
The exact procedure for concluding a contract with the winner in the procurement, the procedure for its execution and changes (allowed only in certain cases);
Responsibility for violations committed by both the customer and the supplier.

It should be noted that procurement legislation is also based on the provisions of the Budget Code, the Civil Code, the Law on Competition, and other laws, but it is FZ-44 that establishes special rules for bidders.

A webinar on public procurement in accordance with Federal Law-44 is presented in the following video:

What is a declaration of conformity and why is it needed

As you know, there are auctions electronic (these are auctions held on the ETP), and ordinary , for participation in which it is not necessary to be accredited to trading platform(competitions, requests for quotations, offers).

Despite the difference in the procedure for conducting types of procurement and in the documentation that the customer draws up for this, in any case, or who wish to participate in the auction, must correctly and accurately fill out the application for participation.

In addition to the actual offer of goods/works/services required by the customer, consent to fulfill the terms of the contract attached to the procurement documentation, the participant must provide some specific information about himself as a potential supplier/executor/contractor under the state contract, declaring its compliance with the established conditions.

The need to provide such information is established in Art. 31 FZ-44. This article regulates the uniform requirements for participants, regardless of the type and cost of the purchase, the organizational and legal form of the person applying for the conclusion of the contract.

So, in order to participate in the auction, you must meet the following requirements:

Not to be in the stage / / of bankruptcy proceedings;
The activity of the applicant should not be suspended by decision of the administrative authorities (on the day of application);
There should be no arrears or debts on various payments, taxes, etc., exceeding ¼ of the value of the participant's assets according to accounting data for the previous reporting period. There is an important clarification to this requirement - except in cases where a deferment / installment payment of these payments has been legally granted, or these payments have already been executed, or the decision on their collection by the participant is being appealed in the arbitration court);
The absence of the management of the company or the participant-individual, punishment in the form of deprivation of the right to engage in any activity related to the subject of the procurement, or to hold a certain position;
If the purchase is related to intellectual property rights, the participant must have such rights;
No conflict of interest between the customer and the procurement participant. This is usually understood as either kinship, marriage, or participation of the procurement parties in the same organizations on the right of membership (for example, the head of the customer's organization is at the same time a co-founder of the company claiming to conclude a contract).

Specified Requirements must guarantee the fact that the organization or entrepreneur is sustainable and able to fulfill its obligations under the contract. That is why the customer presents them in accordance with FZ-44 to any participant in any procurement carried out in accordance with the Law on the contract system (with the exception of small purchases worth up to 100 thousand rubles, which can be concluded in a simplified manner, under Article 93 FZ-44).

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What must the bidder declare?

FZ-44 in art. 31 establishes that other requirements may also be imposed on applicants for concluding a contract for state needs: on belonging to a small business, to non-profit (that is, not created for profit) organizations, other additional requirements (in particular, they can be established by a special decree of the government of the Russian Federation).

Also FZ-44 gives customers the right(and the customer enjoys this right 100%) not to allow those organizations/entrepreneurs that are listed in the special registry dishonest suppliers. This registry is publicly available on the public procurement website (more recently - EIS), and even if such an organization submits its application for bidding and offers the best conditions for the execution of the contract, it will be rejected from bidding.

Depending on purchase declarations may be required:

Compliance with the uniform requirements for participants;
Belonging to a small business/non-profit organization.

In any case, compliance is confirmed in a declarative form that does not require support by any additional documents or information.

Rules for issuing a declaration of conformity

Interestingly, FZ-44 does not establish a special form for the declaration of conformity, and other regulations it is not approved. This is just a document, in a declarative, declarative form announcing that that the procurement participant complies with all requirements established by law and procurement documentation.

Design methods declarations:

Prepare a document in any form, but repeating the requirements listed in part 1 of article 31 of the Law on the contract system;
Copy part of the tender/auction documentation of the customer about the requirements for the participant, replacing the words "must comply" with "complies".

Calling the document a declaration or not calling it is not a matter of principle, the main thing is the presence of the document itself as part of the application for participation.

It is important to know that the law the customer is not allowed to demand from the participant not provided for by Art. 31 compliance details. Otherwise, it threatens the customer with administrative punishment, recognition of the purchase as inconsistent with the law and its cancellation. Therefore, even if excessive requirements are included in the documentation, they can not be declared, but the purchase itself can be appealed to the control body (as a rule, this is the territorial department of the Federal Antimonopoly Service of the Russian Federation).

What documents are required for the declaration

Often procurement participants, wishing to confirm the declaration of conformity, include additional documents in their application (for example, for the past period, tax declarations (and other documents). This should not be done, since documents not provided by the customer in the procurement documentation are not are considered.

You should be aware that the absence of the declaration itself is a reason for rejecting the participant's application as a whole. Opportunities to additionally submit a declaration after the rejection of the application, the law does not provide. That's why important to get it right such a simple document as a declaration of conformity at the stage of preparation of the application, and remember that for providing false information about compliance (if they are revealed), the customer is obliged to refuse to conclude a contract with the participant who submitted the false declaration, even if he is recognized as the winner in the procurement procedure.

The features of the public procurement procedure from a single supplier in accordance with 44-FZ are described in the following video:

Reading time: 6 min

Procurement participants under 44-FZ and 223-FZ must confirm their compliance with the tender requirements. To do this, as part of applications for participation in procurement, they submit declarations of conformity.

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

concept

The declaration of conformity with the uniform requirements is a document that must be attached as part of the application for participation and confirms compliance with the requirements of the procurement documentation. The need to declare their compliance with certain rules applies to procurement participants under the law on the contract system, as well as to individual legal entities. This is due to the fact that participants under both 44-FZ and 223-FZ are subject to general requirements.

To participate in procurement under 44-FZ, suppliers submit one of the declarations as part of:

Declaration of conformity with uniform requirements for participants.
Declaration confirming the country of origin of goods(if the purchase of goods according to the requirements is supposed).
Declaration of belonging of the company to small businesses or socially oriented NGOs.

The first type of this document is submitted by all participants who plan to compete for victory in tenders. Requirements for them, which are presented by customers, are divided into single, additional and optional.

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 a special checkmark has appeared in the application form on the trading platform. 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 or individual that meet all the conditions of No. 44-FZ.

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 approval, 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 conformity of candidates 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 the necessary information. Electronic auction- the most common way of bidding, therefore, as an example, we give a declaration of conformity of the auction participant, clause 3-9, part 1, article 31 of 44-FZ, taking into account the latest changes.