The practice of purchasing from small businesses, socially oriented non-profit organizations. The practice of procurement from small businesses, socially oriented non-profit organizations Methods of procurement from SMEs

Bayrashev Vitaly
Analyst of the Center for Effective Procurement (LLC "Tendery.ru")

Unlike the federal law of July 21, 2005 No. 94-FZ "On the placement of orders for the supply of goods, the performance of work, the provision of services for state and municipal needs" (hereinafter - 94-FZ), the federal law of April 5, 2013 No. 44 -FZ "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - 44-FZ) provides advantages in the implementation of procurement not only to institutions and enterprises of the penal system, organizations of people with disabilities, small businesses ( hereinafter referred to as SMP), but also to socially oriented non-profit organizations (hereinafter referred to as SONKO). At the same time, SONCO's participation in procurement presupposes providing them with the same advantages that the law provides to SMEs.

According to clause 2.1, part 2 of article 2 of the federal law of January 12, 1996 No. 7-FZ "On non-profit organizations" (hereinafter - 7-FZ), socially oriented non-profit organizations are non-profit organizations created in the forms provided for by 7-FZ ( with the exception of state corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, the development of civil society in the Russian Federation, as well as the types of activities provided for in paragraph 1 of Art. 31.1 7-FZ.

The types of activities provided for in clause 1 of Article 31.1 of 7-FZ include:

1) social support and protection of citizens;

2) preparation of the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;

3) rendering assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;

4) environmental protection and animal protection;

5) protection and, in accordance with the established requirements, the maintenance of objects (including buildings, structures) and territories of historical, cult, cultural or environmental significance, and burial sites;

6) provision of legal assistance free of charge or on a preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect human and civil rights and freedoms;

7) prevention of socially dangerous forms of behavior of citizens;

8) charitable activities, as well as activities in the field of promoting charity and volunteering;

9) activities in the field of education, enlightenment, science, culture, art, health care, prevention and protection of the health of citizens, promoting a healthy lifestyle, improving the moral and psychological state of citizens, physical culture and sports and promoting these activities, as well as promoting the spiritual development of the individual ;

10) the formation of intolerance to corrupt behavior in society;

11) development of interethnic cooperation, preservation and protection of the identity, culture, languages ​​and traditions of the peoples of the Russian Federation;

12) activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation.

Despite the fact that SONPO has a fairly broad definition in 7-FZ, advantages in procurement, in accordance with part 2 of article 30 of 44-FZ, are provided only to those SONPOs that carry out the types of activities provided for in paragraph 1 of art. 31.1 7-FZ, and the founders of which are not the Russian Federation, the constituent entities of the Russian Federation and municipalities.

An important difference between 44-FZ and 94-FZ is the absence in the provisions of 44-FZ of a reference to the list of goods, works and services, a certain share of which should be purchased from SMP and SONKO. 44-FZ determines that customers must carry out at least 15% of the total annual procurement volume provided for by the schedule at SMP and SONKO, provided that the initial (maximum) price of the contract does not exceed 20 million rubles (within the framework of 94-FZ, the initial ( maximum) the contract price should not have exceeded 15 million rubles).

At the same time, clause 1 of part 3 of article 112 44-FZ establishes that in 2014 and 2015 the calculation of the total annual volume of purchases provided for in part 1 of article 30, part of part 1.2 of article 38, part of 2 article 72, clause 4.5 part 1 article 93 44-FZ, is produced by customers without the use of schedules. This means that in 2014 and 2015, purchases from SMP and SONKO should be calculated by customers from the total amount of funds allocated for procurement.

Calculation of the total annual volume of purchases may raise certain questions for the customer, since in practice, the total volume of purchases can be understood as the brought limits of budgetary obligations or the amount of subsidies provided (for budgetary institutions) minus taxes and wages, the amount of contracts concluded, the amount of executed contracts. In particular, it is not entirely clear what indicators the control bodies will be guided by during inspections. In the case of calculating the volume of purchases from SMP and SONKO, this task is facilitated by the fact that 44-FZ does not contain the maximum allowable volume of purchases from SMP and SONKO - in order to avoid unnecessary questions from the regulatory authorities, it is enough for the customer to choose the largest of the estimated values ​​of the total volume of purchases and calculate the share from this value. If desired, the customer can purchase from SMP and SONKO almost the entire volume of goods, works, services he needs.

At the same time, it should be noted that goods, works, services purchased from SMP and SONKO are taken into account in the calculations only if the purchase was carried out through competitive procedures, which include a tender, including a two-stage tender and a tender with limited participation, an auction , request for quotations, request for proposals. That is, a purchase from a single supplier, which is SMP or SONKO, should not be taken into account in the calculations. For purchases from SMP and SONKO, customers will have to maintain special reporting, which will reflect information on contracts concluded with SMP and SONKO, as well as information on the failed identification of suppliers (contractors, performers) with the participation of SMP and SONKO.

The requirement to purchase goods, works, services from the NSR and SONKO does not apply to purchases to ensure the country's defense and state security and the procurement of works in the field of atomic energy use. But the customer has the right to make such purchases from SMP and SONKO.

Another innovation 44-FZ seems to be quite interesting, which gives the customer the right to establish in the notification a requirement for a supplier (contractor, performer), who is not an SMP or SONKO, to involve subcontractors, co-contractors from among the SMP, SONKO in the execution of the contract. Thus, the customer will theoretically be able to reduce to zero the share of procedures announced among SMP and SONKO if he actively implements this right when making purchases, in which there will be no restrictions associated with the membership of the procurement participant in SMP and SONKO. The disadvantage of active application of this approach may be a decrease in the attractiveness of purchases carried out by the customer and, as a result, an increase in the share of procedures, as a result of which no contracts (agreements) will be concluded, since not all procurement participants want to attract subcontractors (co-contractors), increasing the risks of non-performance of the contract. ... The practice of exercising this right can be seen only after the entry into force of 44-FZ. In addition, the standard terms of contracts providing for the involvement of such subcontractors and co-contractors in the execution of contracts may be established by the government of the Russian Federation. The corresponding normative act has not yet been adopted - the requirement to attract SMP and SONKO as subcontractors (co-executors), most likely, will not be established by the customers until this normative act is adopted.

When making purchases from SMP and SONKO, customers are obliged to establish a restriction stipulating that procurement participants must be SMP or SONKO. In this case, procurement participants must declare that they are SMP or SONKO. Otherwise, the procurement participant's application, which does not declare that the procurement participant belongs to SMP and SONKO, shall be rejected. At the same time, the question remains unresolved as to whether the procurement participant will be verified as belonging to the SMP and SONKO. In the event that this information is not verified, then the effect of this provision will be ineffective, since any procurement participant will be able to declare that he is an SMP or SONKO and participate in the determination of a supplier (contractor, performer), not being in fact an SMP or SONKO ...

Summing up, it is worth noting that the requirement for SMP and SONKO to carry out at least 15% of the total annual procurement volume is almost always automatically fulfilled by all customers now, if we consider the concluded contracts. Indeed, for many customers, due to small budgets, the share of large contracts is small, and all small contracts are concluded with SMP simply because small purchases are not interesting to large business with large turnovers. This requirement has a certain political meaning associated with the need to support the SMP and SONPO in various forms, including through the mechanism of state (municipal) procurement. From an economic point of view, this measure makes sense only for customers with large budgets, forcing these customers to split some large purchases into smaller ones in order to increase the participation of SMP and SONKO in their purchases. For customers with small budgets, this requirement is another burden, since it establishes the need for additional reporting, which will not allow in many cases to correctly understand the situation with the participation of SMP and SONKO in state (municipal) procurement from a particular customer.

In addition to the usual tenders, there are special tenders that are allocated exclusively to small businesses to participate. Such purchases have additional requirements and benefits for suppliers. For the convenience of suppliers, we provide a contract service for any, even the most narrow criteria.

Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in the amount of at least 15% of the total annual volume of concluded contracts. In order to comply with the standard, Federal Law 44 provides for 3 mechanisms.

Firstly, the volume of purchases of 15% can include contracts concluded with the SMP, which won the procurement among all suppliers (for example, a regular purchase was announced, and the SMP won in it);

Secondly, procurement, in which only SMEs can participate. These are competitive purchases, for which a list of goods, works, services is approved (see below). Contracts based on the results of these purchases fall into the 10% standard of purchases only from SMP;

Thirdly, the fulfillment of the standard is due to the contracts concluded by the participants (performers, contractors) with co-performers from among the SMEs. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that in order to fulfill the contract he must attract subcontractors from the number of SMEs. Such contracts also fall into the total number of contracts concluded with the NSR (15%).

As you can see, there are strict regulations for the customer for the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to tenders for small businesses in the first place - they are much more profitable and more transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.

Result in numbers:

30%

is the size of the maximum advance payment in support of small business representatives

Experts of the Entrepreneurship Support Center, having studied all existing programs for supporting small businesses, using the accumulated experience and close interaction with various government agencies, have developed a unique scheme for working on government and commercial tenders for small businesses, you will receive profitable contracts with advance payments and with all possible advantages. and also with minimal costs!

Contact us, tell us about your business or idea

And we will help you to realize your dream project!

The main advantages of procurement from Small Businesses and Socially-oriented Non-Profit Organizations under 44-FZ

FZ applies the designation SMP - "Subject of Small Business". The format of participation in procurement is described in detail in the framework of which customers are required to conclude with SMP at least 15% of all contracts from the total volume of transactions concluded. At the end of the year, before April 1, customers place in the EIS data on the tenders allocated for the NSR for the entire past year. It is allowed to include in the report only those purchases in which the advantage for the NSR was spelled out and these tenders took place. If the quota is not met, the organization will receive a substantial fine!

SMP can participate in any tender if the organization meets the criteria of the customer and is able to fulfill the terms of the contract. Tenders, which the customer is obliged to place exclusively for small businesses, have a number of benefits. This means that there will be no large or medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMCK purchases from SMP under 44 FZ cannot exceed 20 million rubles. To submit an application, suppliers attach. And since 2017, an extract from the Federal Tax Service has been provided from the new Unified Register of SMEs.

Result in numbers:

2%

is the size of the maximum collateral in the framework of support for small business representatives

Privileges for tenders for small businesses under Federal Law 44

• Approved advance payment up to 30% of the contract value.
• The terms of settlements for the work performed are strictly up to 15 days.
• The amount of security for the application is no more than 1% or 2%.
• Enforcement is not more than 5% or 10%.
• Neither medium-sized nor large competing companies can participate.
• Attraction of SMEs through subcontracting, the corresponding requirement in the tender documentation.

Of the upcoming amendments, the Federal Law approves "On Amendments to the Federal Law" On the Contract System ... ". The bill will no longer allow the subcontracting organization that is affiliated with the customer to be involved in the tender. This will eliminate cases where the organization submits construction subcontracts to its subsidiaries. If the institution violates the Federal Law, then such a contract cannot be placed in the procurement register from the SMP. Another innovation will concern the fact that from 2017 in the EIS it is possible to send applications for any form of tender selection in electronic form. This will reduce costs for the participants, as well as eliminate the corruption component in the manipulation of results when carrying out "paper" procedures.

Describe what services or products you supply

And we will help you find suitable advance contracts!

How are purchases from small businesses under Federal Law 44

The law determines the privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter referred to as SMP, SONKO) in the procurement of goods, works, services for state or municipal needs. Customers are required to make purchases from SMP and SONKO in the amount of at least 15% of the total annual procurement volume through various tenders: open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) contract price should not exceed twenty million rubles. (part 1 of article 30 FZ-44).

Procurement from SMP and SONKO is a separate procedure - only SMP and SONKO are its participants, and a corresponding restriction is set in notices of procurement. In this case, procurement participants are required to declare in their applications for participation in procurement their belonging to the SMP or SONKO (part 3 of article 30 of FZ-44). You can download all the necessary declarations and certificates in the section.

In the event that purchases from SMP or SONKO are declared invalid, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONKO, and to make purchases on a general basis (part 4 of article 30 of FZ-44).

The customer has the right to establish in the notice of the procurement a requirement for a supplier (performer, contractor), who is not SMP or SONKO, to engage in the execution of the contract, co-executors from among the SMP, SONKO. In this case, the condition on the involvement of subcontractors, co-executors from the SMP, SONKO in the execution of contracts is included in contracts with an indication of the volume of such involvement, established as a percentage of the contract price.

In the event that restrictions on the participation of SMEs and SONKOs are established in the notification of the procurement, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition for the customer to pay for the delivered goods, work performed (its results), services rendered , individual stages of the execution of the contract no more than fifteen days from the date of signing by the customer of the acceptance document.

A state or municipal customer is obliged to provide part of their needs through contracts with small businesses or non-profit organizations, doing this in the following ways in a similar way:

• Carrying out purchases (tenders, auctions, quotations) specifically for the specified persons. At the same time, the initial contract price should not exceed 20 million rubles, the amount of the participant's bid security - no more than 2% of the initial purchase price. The documentation must contain a condition for admission to participation only of the SMP and SONKO. After fulfillment of obligations by the supplier / performer / contractor, payment must be transferred to him no later than 30 days.
• By specifying in the procurement documentation the winner's obligation to involve small business co-contractors in the execution of the contract (a specific percentage of the contract price, but not less than 5%).

If the procurement is carried out among SMP / SONKO, the procurement participant, as part of the application, declares its belonging to these entities. The form of such a declaration has not been approved and is drawn up arbitrarily. If the organization is already included in, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits of the law are not provided for everyone.

It is important to remember that for providing false information, the contract with the winner may be terminated at the customer's discretion.

Administrative responsibility for non-compliance with the legislation on placing an order at the SMP defined by article 7.30 of the Code of Administrative Offenses of the Russian Federation:

• violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, it is supposed a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
• in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
• violation of the deadline for posting information when conducting a request for quotations or proposals from small businesses no more than a day - 3 and 10 thousand for individuals and legal entities;
• similar delayed violation more than a day - 15 and 50 thousand;
• violation of the requirements and procedure for posting information on purchases from small businesses entails a fine of 15 and 50 thousand.

Detailed standards are presented in the section. Penalties are also imposed for other administrative violations - unlawful refusal, non-compliance with the instructions for keeping records and reporting. Separately, it should be pointed out penalty for non-fulfillment of the established volume of purchases for small businesses - it is 50 thousand rubles.

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How to start searching for suitable trades for small businesses according to Federal Law No. 44

You can do an independent search for the information you need, buy a program for monitoring purchases and hire tender specialists with suitable experience, or apply to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most democratic prices with a guarantee of a positive result.

Result in numbers:

1 month

constitutes the maximum term for the conclusion of the first successful contracts

We will promptly check your organization for compliance with all the criteria, order an extract and report the result. After that, we will agree with you and prepare the constituent documents and declarations required for further work with tenders and financing.

When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which advance payments and short settlement times are approved, as well as provide access to the Multifunctional Cabinet, which will provide you with all the information you need.

In 2018, customers still have to allocate a certain percentage of purchases to small businesses under 44-FZ. Organizations with a small number of employees and profit margins below a set limit fall into this category. About who is the subjects of small business under 44-FZ, it is said in the Federal Law of 24.07.2007 No. 209-FZ.

What is a small business entity under 44-FZ

Consider who is a small business entity under 44-FZ. The criteria for referring to the NSR in 2018 did not change. A micro-enterprise is an organization with up to 15 employees and an annual income of no more than 120 million rubles.

Small firms include companies that officially employ up to 100 people, and the annual income is up to 800 million rubles. Medium enterprises are those with 101 to 250 employees and a turnover of no more than RUB 2 billion. In all three cases, the share of state participation should not exceed 25%, foreign legal entities - not more than 49%, the share of legal entities that are not small and medium-sized businesses - not more than 49%.

Application for participation in the procurement from small businesses 44-FZ

According to 44-FZ, small businesses receive some preferences in procurement. However, they can use them and participate in the procedures for the SME only on one condition: a declaration must be attached to the application. Indicate in it:

• Company name;
• the category to which it belongs - small or medium business;
• legal address;
• OGRN.

Then enter the indicators into the table. In particular, indicate the total share of the state in the authorized capital of the company, the number of employees, and income for the past year.

Documentation on the purchase from the SMP under 44-FZ and the contract

We examined who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused. For example, require the participant to belong either to a small business or to socially oriented NPOs, and companies that fall into both categories and report this in the declaration should not be allowed to bid. This is a violation, confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service in Moscow in case No. 2-57-1428 / 77-18 dated 06.02.2018.

Benefits when purchasing from small businesses 44-FZ

Small businesses under 44-FZ receive some preferences in procurement. For example, if a sanction is imposed for violating the terms of the contract, the fine can generally reach 10% of the contract price if it is less than 3 million rubles, and 5% if the cost is in the range of 3-50 million. for a contract price of up to 3 million, the amount of the fine will be 3% of the contract value, if it is within 3-10 million - 2%, 10-20 million - 1%.

Also, for the NSR, lower tariffs for work on trading floors have been established. As a reminder, in 2018 it became paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for the NSR the upper bar is 2 thousand rubles.

How to distinguish, establish and combine benefits for SMP, AIS, OI and imports

From the article you will learn:

✔ What are the advantages for the participants of the NSR or SONO;
✔ Three main mistakes of mixed purchasing on a live example;
✔ In what cases the advantages for the goods of the UIS and OI are established;
✔ When the benefits cannot be combined in one purchase:

From article

The volume of mandatory purchases from small businesses 44-FZ

We have given a definition to small businesses in accordance with 44-FZ and reviewed the criteria for their assignment to this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this norm, customers use two paths:

• carry out purchases only among small businesses;
• establish in the procurement documentation the requirement to attract subcontractors from the number of SMEs.

You can carry out any procedures:

• contests - paper electronic, open and closed, with limited participation, two-stage;
• electronic auctions;
• requests for quotations and proposals in any form.

NMCK at auctions only among SMP and SONKO should not exceed 20 million rubles. If 15% of purchases among SMP and SONKO are not collected, the contract manager will be fined 50,000 rubles.

Consider the calculation of the volume of mandatory purchases from small businesses 44-FZ. The annual volume is understood as the amount of money approved for the financial year to meet the needs of government customers. Earlier, the Ministry of Finance clarified that it takes into account contracts concluded in previous years, but payment for which takes place this year, as well as those concluded and paid for in the current year.

When calculating the average annual volume of purchases, the following are not taken into account:

• to ensure the defense capability of the Russian Federation;
• on the provision of loans;
• from a single supplier;
• in the field of atomic energy use;
• closed procedures.

At the end of the year, the customer must publish in the EIS a report on purchases from small businesses and socially oriented non-profit organizations.

You will find more answers to questions about procurement in the new issue of the magazine "State order in questions and answers"

Hello dear colleague! Recently, my support service has been receiving a lot of questions on the topic of placing orders with small businesses (SMEs). Therefore, today I decided to write a short review article, and concisely, but to the point, answer all the frequently asked questions. Since most of the procurement participants (suppliers) belong precisely to the category of small businesses, this article will be useful and relevant for the majority of visitors to my site. Therefore, I propose to go straight to the essence of our today's topic.

1. Definition of small and medium-sized businesses

Small and medium-sized businesses - business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", to small enterprises, including micro-enterprises, and medium-sized enterprises.

2. Conditions to be met by small and medium-sized businesses

1. For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (pooled) capital (mutual fund) of the specified legal entitiesshould not exceed 25% (with the exception of the total share of participation in the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium-sized businesses,should not exceed 49% each one.

1. The average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

a) from 101 to 250 people inclusive for medium-sized enterprises;

b) up to 100 people inclusive for small businesses;

v) up to 15 people - micro-enterprises.

Note: If purchases are carried out for small businesses (SMEs), then the number of employees should not exceed 100 people inclusive.

1. Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Note: In accordance with the Decree of the Government of the Russian Federation dated April 04, 206 No. 265for small businesses this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.

3. The volume of purchases from the SMP under 44-FZ

In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMEs), socially oriented non-profit organizations (SONO) in the amount ofnot less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.

According to part 1.1. Art. 30 44-FZ, when determining the volume of purchases from small businesses, socially oriented non-profit organizations, purchases are not included in the calculation of the total annual volume of purchases:

• to ensure the defense of the country and the security of the state;
• services for the provision of loans;
• from a single supplier (contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
• works in the field of atomic energy use;
• in the implementation of which closed methods of determining suppliers (contractors, performers) are used.

4. Methods of procurement from the SMP

As follows from paragraph 1 of Part 1 of Art. 30 44-FZ purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways:, limited entry contests, two-stage contests,, , requests for proposals.

5. List of purchases from the SMP under 44-FZ

Many suppliers are interested in the following question: Is there a list of goods, works, services according to 44-FZ, the purchases of which should be carried out from small businesses? I will answer that there is no such list, therefore, any goods, works, services can be purchased with the provision of preferences for the NSR and SONO.

6. Features of participation of small businesses in public procurement

1. The category of a small or medium-sized business entity is determined in accordance with the most significant condition (number of employees or revenue (value of assets)).

1. The category of a small or medium-sized business entity changes only if the limit values ​​for the number of employees or the amount of revenue (asset value) are higher or lower than the specified limit values,within 3 calendar years following one after the other.

1. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period that has passed since the date of their state registration, do not exceed the established limit values.

1. Clause 1 of Part 1 of Art. 30 44-FZ established the maximum size of the initial (maximum) contract price when placing an order for the supply of goods, performance of work, for state or municipal needs from the SMP - 20 million rubles .

1. When determining suppliers (contractors, executors) in the procurement notices, a restriction is established in relation to procurement participants, which can only be small businesses. In this case, procurement participants are required to declare in their applications for participation in procurement their affiliation with small businesses.

1. In the joint letter of the Ministry of Economic Development No. 7158-EE / D28i and FAS No. АЦ / 13590/14 dated April 4, 2014 "On the position of the Ministry of Economic Development and the Federal Antimonopoly Service on the application of 44-FZ norms to relations related to procurement from the SMP and socially oriented non-profit organizations" following:

Article 30 of the Law on the Contract System establishes that the document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals for obtaining benefits in accordance with Article 30 of the Law on the Contract System is a declaration. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the Contract System.

Those. Based on the above, it is enough just to declare in the application your attitude to the NSR and that's it. It'll be enough.

Samples of the participant's declaration of conformity 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" can be downloaded from the website in the section point 5.

1. According to Part 15 of Art. 44 44-FZ amount of security for an application for participation in tenders when placing an order with the SMPcannot exceed 2% the initial (maximum) contract price.

7. Administrative responsibility of the customer for non-compliance with the legislation on placing an order at the SMP

Article 7.30 The Code of Administrative Offenses of the Russian Federation provides for liability for non-compliance with the legislation on placing an order with the SMP:

Part 11. Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contractual system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .

These, in fact, are all the main points that a supplier needs to know in order to participate in auctions placed for small businesses.

That's all for today. See you in the next issues!

P.S .: If the article material was useful to you, then be sure to put “likes” and share this article with your friends and colleagues on social networks.

MINISTRY OF ECONOMIC DEVELOPMENT AND TOURISM OF THE REPUBLIC OF ALTAI

ORDER

In order to implement the provisions, guided by the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic, approved by the Government of the Altai Republic dated 20.11.2014 N 332 "On approval of the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic and on recognizing as invalid some decrees of the Government of the Altai Republic" , I order:

2. This order shall be published in the section "Regulation of the contract system and government procurement" of the official website of the Ministry of Economic Development and Tourism of the Altai Republic in the information and telecommunication network "Internet", as well as in reference legal systems.

3. I assign control over the execution of this order to the Deputy Minister O.V. Galtseva.

Minister of Economic
development and tourism
Altai Republic
E.V. LARIN

METHODOLOGICAL RECOMMENDATIONS ON PURCHASING GOODS, WORKS, SERVICES TO PROVIDE STATE NEEDS OF SMALL BUSINESSES, SOCIALLY ORIENTED NON-PROFIT ORGANIZATIONS

Approved
By order
Ministry of Economic
development and tourism
Altai Republic
dated August 24, 2015 N 154-OD

Methodological recommendations determine the procedure for the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations. Methodological recommendations regulate the relationship between customers and performers in the field of planning, procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations, as well as the involvement of suppliers of these entities for subcontracting. Methodological recommendations take into account the specifics of purchases in accordance with the legislation of the Russian Federation and the Republic of Altai.

1. General Provisions

1.1. Methodological recommendations on the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations (hereinafter referred to as methodological recommendations) have been developed in accordance with the requirements of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field procurement of goods, works, services to meet state and municipal needs "(hereinafter referred to as the Law on the Contract System), (with subsequent amendments) (hereinafter referred to as the Law on NSR), Federal Law of January 12, 1996 N 7-FZ" On Non-Commercial Organizations "(with subsequent amendments) (hereinafter - the Law on NCOs).

2. Basic concepts

2.1. Small businesses include consumer cooperatives and commercial organizations (with the exception of state unitary enterprises) entered in the unified state register of legal entities, as well as individuals included in the unified state register of individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, peasant (farm) farms that meet the following conditions:

1) for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other foundations in the authorized (joint) capital (share fund) of these legal entities should not exceed twenty-five percent (with the exception of the total share of participation in the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium-sized businesses should not exceed forty-nine percent each. The specified restriction in relation to the total share of participation of foreign legal entities, the total share of participation belonging to one or several legal entities that are not small and medium-sized businesses, does not apply to business entities, business partnerships whose activities are in the practical application (implementation) of the results of intellectual property. activities (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the exclusive rights to which belong to the founders (participants), respectively, of such business entities, business partnerships - budgetary, autonomous scientific institutions, or that are budgetary institutions, autonomous institutions, educational institutions of higher education, for legal entities that have received the status of a project participant in accordance with the Federal the law of September 28, 2010 N 244-FZ "On the Skolkovo innovation center", for legal entities whose founders (participants) are legal entities included in the list of legal entities approved by the Government of the Russian Federation that provide state support for innovative activities in the forms, established by the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy". Legal entities are included in this list in accordance with the procedure established by the Government of the Russian Federation, provided that one of the following criteria is met:

a) legal entities are open joint-stock companies, at least fifty percent of whose shares are owned by the Russian Federation, or business companies in which these open joint-stock companies have the right to directly and (or) indirectly dispose of more than fifty percent of the votes attributable to voting shares (shares) constituting the authorized capital of such business entities, or have the opportunity to appoint a sole executive body and (or) more than half of the composition of the collegial executive body, as well as the ability to determine the election of more than half of the composition of the board of directors (supervisory board);

b) legal entities are state corporations established in accordance with Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations";

2) the average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

a) from one hundred one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to fifteen people;

3) revenue from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium business.

2.2. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period that has passed from the date of their state registration, do not exceed the limit values ​​established in paragraphs 2 and 3 of part 1 of article 4 of the Law on SME.

2.3. Socially oriented non-profit organizations are non-profit organizations created in the forms provided for by the Law on NPOs and carrying out activities aimed at solving social problems, the development of civil society in the Russian Federation in accordance with the constituent documents:

2.3.1. Social support and protection of citizens.

2.3.2. Preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents.

2.3.3. Providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons.

2.3.4. Environmental protection and animal protection.

2.3.5. Protection and, in accordance with the established requirements, the maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial sites.

2.3.6. Providing legal assistance free of charge or on a preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect human and civil rights and freedoms.

2.3.7. Prevention of socially dangerous forms of behavior of citizens.

2.3.8. Charitable activities, as well as activities in the field of promoting charity and volunteering.

2.3.9. Activities in the field of education, enlightenment, science, culture, art, health care, prevention and protection of the health of citizens, promoting a healthy lifestyle, improving the moral and psychological state of citizens, physical culture and sports and promoting these activities, as well as promoting the spiritual development of the individual.

2.3.10. Formation of intolerance to corrupt behavior in society.

2.3.11. Development of interethnic cooperation, preservation and protection of the identity, culture, languages ​​and traditions of the peoples of the Russian Federation.

2.3.12. Activities in the field of patriotic, including military-patriotic education of citizens of the Russian Federation.

2.3.13. Carrying out search work aimed at identifying unknown military graves and unburied remains of the defenders of the Fatherland, establishing the names of those killed and missing in the defense of the Fatherland.

2.3.14. Participation in the prevention and (or) extinguishing of fires and in the conduct of emergency rescue operations.

2.3.15. Social and cultural adaptation and integration of migrants.

2.3.16. Measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons carrying out illegal consumption of narcotic drugs or psychotropic substances.

3. Planning the procurement of goods, works, services to meet state needs from small businesses and socially oriented non-profit organizations

3.1. In accordance with part 1 of Article 30 of the Law on the Contract System, the customer, when forming the schedule, must provide for purchases from small businesses (SMEs), socially oriented non-profit organizations (SONCO) in the amount of at least 15% of the total volume of purchases (see diagram 1 ).

Calculation of the procurement rate from SMP and SONKO

3.2. In order to avoid non-observance of the obligation to carry out purchases from SMP, SONKO (due to failed procedures, evasion of the winner from concluding a contract, etc.), the customer is recommended to ensure procurement planning from SMP and SONKO for the widest possible range in a volume significantly exceeding 15% of the total annual volume of purchases.

3.3. Procurement planning from SMP, SONKO is carried out by placing the appropriate marks in the schedule:

- "placed among SMP / SONKO" - for purchases with an initial (maximum) price of no more than 20 million rubles;

- "subcontracting SMP / SONKO" - for purchases on a general basis with the involvement of subcontractors, co-contractors from among the SMP, SONKO in the execution of the contract, indicating the volume of such subcontracting.

3.4. When making changes to the schedule, the volume of purchases from the SMP, SONKO, if necessary, should be adjusted taking into account the requirement for a volume of at least 15% of the total annual volume of purchases.

3.5. Planning for the procurement of goods, works, services to meet state needs from the NSR, SONKO is carried out by customers in accordance with the requirements for the form of schedules and the procedure for their placement in a unified information system in the field of procurement, established by the Government of the Russian Federation.

4. Conditions for the procurement of goods, works, services to meet state needs from the SMP, SONKO

4.1. Customers independently determine the types of goods, works, services that can be supplied, performed, provided by SMP, SONKO.

4.2. When determining the volume of purchases provided for in part 1 of Article 30 of the Law on the Contract System, the calculation of the total annual volume of purchases does not include purchases:

1) to ensure the defense of the country and the security of the state;

2) services for the provision of loans;

3) from a single supplier (contractor, contractor) in accordance with part 1 of Article 93 of the Law on the Contract System;

4) works in the field of atomic energy use;

5) in the implementation of which closed methods of determining suppliers (contractors, performers) are used.

4.3. When making purchases from SMP, SONKO, the initial (maximum) contract price should not exceed 20 million rubles.

4.4. When making purchases from SMEs, notifications on the implementation of procurement establish restrictions on procurement participants in accordance with clauses 2.1 and 2.2 of the methodological recommendations.

4.5. When making purchases from SONPO, notifications on the implementation of purchases establish restrictions on participants in the procurement in accordance with clause 2.3 of the methodological recommendations.

4.6. Methods for determining suppliers (contractors, performers) for SMP, SONKO can be open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals.

4.7. The amount of the bid security must be from 0.5% to 2% of the initial (maximum) contract price or, if the initial (maximum) contract price does not exceed 3 million rubles during auctions, 1% of the initial (maximum) contract price.

4.8. Delivery of goods, performance of work, provision of services can be carried out by SMP, SONKO as subcontractors, co-executors.

4.9. If, as part of the procurement from the SMP, SONKO, in order to determine the supplier (contractor, contractor), the customer established in the notice a requirement for participants that are not SMP, SONKO, to engage subcontractors, co-executors from the SMP, SONKO in the contract, the customer needs apply a differentiated approach to establishing the amount of security for applications, since both participants who are SMP, SONKO and participants who are not can take part in the competition.

For participants who are SMP, SONKO, the amount of security for the application in this case is set from 0.5% to 2% of the initial (maximum) contract price; for participants who are not SMP, SONKO, the amount of the bid security is set from 0.5% to 5% of the initial (maximum) contract price.

5. Confirmation of the status of the NSR, SONKO

5.1. In applications for participation in purchases carried out among SMP, SONKO, procurement participants are required to declare their affiliation to the SMP, SONKO.

5.2. Declaration of belonging to the SME is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of the SME, indicating the average number of employees for the previous calendar year (or for the period that has passed since the date of their state registration - for newly created organizations or newly registered individual entrepreneurs and peasant (farmer ) farms during the year in which they are registered), the amount of proceeds from the sale of goods (work, services) excluding value added tax or the book value of assets for the corresponding calendar period.

5.3. Declaration of affiliation with SONPO is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of SONPO with an indication of the type of activity carried out, provided for in Article 31.1 of the Law on NCOs and the constituent documents of the organization.

5.4. The declarations specified in clauses 5.2, 5.3 are submitted in a simple written form, certified by the signature of the head (authorized person) and the seal of the organization, as part of the application for participation in the procurement (when conducting an electronic auction - as part of the second part of the application).

Sample forms of declarations are given in Appendix 1 to these guidelines.

5.5. If the customer or the procurement commission reveals a discrepancy between the information about the procurement participant and the declared information about belonging to the SMP, SONKO, the procurement commission is obliged to remove the participant from participation in determining the supplier (contractor, performer), and the customer must refuse to conclude a contract with the winner determination of the supplier (contractor, performer) at any time before the conclusion of the contract.

5.6. If the customer refuses to conclude a contract with the winner of determining the supplier (contractor, performer), the customer, no later than one working day following the day of establishing the fact that the procurement participant does not comply with the declared information about belonging to the SMP, SONKO, draws up and places in the unified information system a protocol of refusal from the conclusion of a contract, containing information about the place and time of its preparation, about the person with whom the customer refuses to conclude a contract, about the fact that is the basis for such a refusal, as well as details of the documents confirming this fact. The specified protocol within two working days from the date of its signing is sent by the customer to this winner.

5.7. Removal of a procurement participant from participation in determining a supplier (contractor, performer) in the event that the customer or the procurement commission finds that the procurement participant does not comply with the declared information on belonging to the SMP, SONKO, is carried out in accordance with the norms of the Law on the contract system.

6. Involvement of SMP, SONKO as subcontractors, co-executors

6.1. When determining a supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for a supplier (contractor, performer) other than the SMP, SONKO, to involve subcontractors, co-executors from the SMP, SONKO in the execution of the contract.

6.2. Customers are advised in draft contracts for the purchase of complex composite products, works, services (for example, overhaul, design, installation, adjustment of a computer network or equipment) to establish a mandatory requirement for suppliers (contractors, performers) to involve SMPs as subcontractors or co-executors , SONKO for performing simple works, rendering services that do not require special qualifications or special material and technical resources from the subcontractor (co-executor).

6.3. When establishing in the notice of procurement the requirements provided for in clause 6.1 to a supplier (contractor, performer) other than SMP, SONKO, the customer is recommended to include in the draft contracts:

6.3.1. The condition on attracting subcontractors, co-executors from the SMP, SONKO to the execution of contracts.

6.3.2. The condition for the supplier (contractor, performer) to provide the customer with copies of the work contract, co-performance agreement or other documents confirming the participation of SMP, SONKO in the implementation of the contract, as well as copies of acts of work performed, services rendered, acts of acceptance and transfer of goods or other documents confirming the volumes goods, works, services performed by SMP, SONKO as subcontractors.

6.3.3. The volume of goods, works, services to be supplied (performed) by the subjects of the NSR, SONKO as subcontractors, co-executors, established as a percentage of the contract price. The specified volume is taken into account in the volume of purchases made by customers from SME, SONKO, and is included in the report in accordance with the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulations on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Supporting Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ".

6.3.4. A prerequisite for the civil liability of suppliers (contractors, performers) for non-fulfillment of the condition on attracting subcontractors, co-performers from the SMP, SONKO to the execution of contracts.

6.3.5. The obligation of the supplier (contractor, executor) to provide information on all co-executors, subcontractors who have entered into an agreement or contracts with a supplier (contractor, performer), the price of which or the total price of which is more than ten percent of the contract price, as well as responsibility for failure to provide this information in the event if the initial (maximum) contract price for the procurement of goods, work, services exceeds the amount established by the Government of the Russian Federation in accordance with parts 23 and 24 of Article 34 of the Law on the Contract System.

6.4. When the requirements stipulated in clause 6.1 of these methodological recommendations are established in the notice of the procurement, the subcontractors involved in the execution of contracts, the co-executors are obliged to declare their belonging to the SMP, SONKO. It is recommended to establish the condition for the submission of such declarations in the subcontract (co-performance) agreement.

6.5. When establishing, in accordance with clause 6.4 in the subcontractor (co-performance) agreement, the conditions for the provision of the declarations specified in clauses 5.2, 5.3 of these guidelines, the section of the contract providing for the liability of the parties should include a clause establishing the responsibility of the subcontractor (co-executor) for failure to submit those specified in clauses 5.2 , 5.3 of these guidelines for declarations.

6.6. Failure to provide the customer with the declarations specified in clauses 5.2 and 5.3 of these guidelines may be regarded as non-fulfillment of the condition on involving subcontractors, co-executors from the SMP, SONKO in the execution of contracts.

6.7. In case of non-fulfillment of the condition on attracting subcontractors, co-contractors from the SMP, SONKO to the execution of contracts, the contract must provide for the condition for the supplier to pay a fine, determined in the manner prescribed by the RF Government Decree of November 25, 2013 N 1063 "On Approval of the Rules for Determining the Amount of the Penalty Accrued in case of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for the delay in the performance of obligations by the customer, supplier (contractor, performer)), and the amount of the penalty charged for each day of delay in the performance by the supplier (contractor, performer) of the obligation, provided by the contract ":

a) 10 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 5 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

d) 0.5 percent of the contract price if the contract price exceeds 100 million rubles.

6.8. The customer has the right to accrue a fine and submit a claim to pay it only based on the results of the performance of the contract by the supplier (contractor, performer), if it is established and documented that the supplier (contractor, performer) has not fulfilled its obligations under the contract on engaging as subcontractors , co-executors from the SMP, SONKO.

7. Recognition of invalid identification of suppliers (contractors, performers) at SMP, SONKO

If the determination of suppliers (contractors, performers) is declared invalid during the repeated procedure, the customer has the right to cancel the restriction on procurement participants in the procurement notices, which can only be SMP, SONKO, and make purchases on a general basis.

At the same time, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from SMP, SONKO.

To reduce the number of failed definitions of suppliers (contractors, performers), it is recommended to conduct information work with potential suppliers (contractors, performers) by sending invitations to participate in tenders.

8. Formation of reports on the volume of purchases from SMP, SONKO

8.1. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from SMP, SONKO and, by April 1 of the year following the reporting year, place such a report in a unified information system.

8.2. In such a report, the customer includes information on contracts concluded with SMP, SONKO, as well as information on the failed determination of suppliers (contractors, performers) with the participation of SMP, SONKO.

8.3. The form and rules for the preparation of a report on the volume of purchases from SME, SONKO, its placement in a unified information system were approved by the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulation on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Supporting Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ". The report is formed by state (municipal) customers or budgetary institutions in relation to purchases carried out in accordance with Part 1 of Art. 15 of the Law on the contract system.

The report should indicate: the total annual purchases of the customer, the amount of financial security for the payment of contracts and unique numbers of the register records of contracts.

The document is signed with the electronic signature of the authorized official of the customer and posted in the unified information system within the time period established by Part 4 of Art. 30 of the Law on the Contract System.

9. Responsibility for violation of the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement

9.1. In accordance with Article 107 of the Law on the Contract System, persons guilty of violating the legislation of the Russian Federation and other normative legal acts on the contractual system in the field of procurement shall bear disciplinary, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

9.2. The norms of Part 11 of Article 7.30 establish administrative liability in the case of procurement of goods, works, services to meet state and municipal needs from SMEs, SONKO in an amount less than the amount provided for by the legislation of the Russian Federation on the contractual system in the field of procurement, and entails the imposition of an administrative fine on officials persons in the amount of fifty thousand rubles.

9.3. According to clause 2 of the Notes to Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the time of committing the administrative offense provided for in Part 11 of Article 7.30 is the end date of the calendar year.

10. Final provisions

10.1. In 2015, the customer has the right not to establish the requirement to enforce the contract in the notice of procurement and (or) the draft contract in the event of tenders, electronic auctions, requests for proposals in which only SMP, SONKO are procurement participants, in accordance with the Decree of the Government of the Russian Federation dated 06.03.2015 N 199 "On the cases and conditions under which in 2015 the customer has the right not to establish the requirement to enforce the contract in the notice of the procurement and (or) the draft contract".

10.2. In 2015, it is allowed to change, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the amount of goods, scope of work, services stipulated by contracts (including government contracts, municipal contracts, civil law contracts of budgetary institutions for the supply of goods, performance of work, provision of services for the needs of customers, concluded before the date of entry into force of this Federal Law), the execution period of which ends in 2015, in the manner established by the Decree of the Government of the Russian Federation dated 03/06/2015 N 198 "On approval of the Rules for changes by agreement of the parties to the term of the contract, and (or) the price of the contract, and (or) the unit price of goods, work, services, and (or) the number of goods, scope of work, services provided for by contracts due to be completed in 2015 ". At the same time, the price of the contract should be no more than 5 million rubles if the contract was concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses could participate in the procurement, socially oriented non-profit organizations.

Appendix 1. DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

(with subsequent changes)

____________________________________________
(name of the participant in the procurement procedure)

confirms that it belongs to small businesses and

meets the requirements established by the provisions of Article 4 of the Federal

entrepreneurship in the Russian Federation "(with subsequent amendments).

position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as a small business entity, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.

DECLARATION<1>compliance of the procurement participant with the requirements established by Article 2 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations"

(with subsequent changes)

________________________________________
(name of the procurement participant)

confirms that it belongs to socially oriented non-profit

organizations and meets the requirements established by Article 2 of the Federal

subsequent changes), since it performs the following form

activities:

___________________________________________________________________________
(the type of activity and the corresponding
clause of the constituent document)

_____________________________ ________________ (_______________________)
position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as socially oriented non-profit organizations, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.