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Declaration of conformity of the participant 44 fz. Declaration is a must

SUPREME COURT OF THE RUSSIAN FEDERATION

APPEALS DETERMINATION

Board of Appeal Supreme Court Russian Federation composed of:

presiding Manohina G.V.,

members of the board Zaitsev V.Yu., Merkulova V.P.,

with secretary G.,

with the participation of the prosecutor Masalova L.F.

considered in an open court session an administrative case based on an administrative claim filed by PSK Avangard LLC on declaring invalid in terms of paragraph four, subparagraph 1.3 of paragraph 1 of the letter of the Ministry economic development of the Russian Federation and the Federal Antimonopoly Service No. 23275-EE/D28i, ATs/45739/15 dated August 28, 2015 "On the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia on the application of the Decree of the Government of the Russian Federation dated February 4, 2015 No. 99 "On establishing additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform , provide only suppliers (contractors, performers) who have required level qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements"

on the appeal of the Ministry of Economic Development of the Russian Federation against the decision of the Supreme Court of the Russian Federation dated August 22, 2016, which satisfied the administrative claim of PSK Avangard LLC.

Having heard the report of the judge of the Supreme Court of the Russian Federation Zaitsev V.Yu., explanations of the representatives of the Ministry of Economic Development of the Russian Federation and the Federal Antimonopoly Service K. and Sh., who supported the arguments of the appeal, representatives of PSK Avangard LLC F. and L., who objected to the satisfaction of the appeal, the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L.F., who considered the appeal unfounded, the Board of Appeal of the Supreme Court of the Russian Federation

installed:

The Ministry of Economic Development of the Russian Federation (hereinafter referred to as the Ministry of Economic Development of Russia) and the Federal Antimonopoly Service (hereinafter referred to as the FAS Russia) on August 28, 2015 jointly issued a letter No. their position on the application of Decree of the Government of the Russian Federation of February 4, 2015 No. 99 "On the establishment of additional requirements for participants in the procurement of certain types of goods, works, services, cases of classifying goods, works, services as goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature can only be supplied, performed, provided by suppliers (contractors, performers) with the required level of qualification, as well as documents confirming the compliance of procurement participants with the specified additional requirements "(hereinafter referred to as the Resolution February 4, 2015 No. 99).

Subparagraph 1.3 of paragraph 1 of the Letter states that when procuring construction works, it is necessary to be guided by the fact that, according to the note to position 2 (erroneously named paragraph 2 in the Letter) of Appendix No. 1 to Resolution No. 99 of February 4, 2015, experience in contract execution is required for the performance of works related to the same group of construction works, for the performance of which the contract is concluded. In this case, the following groups of construction works are used: construction, reconstruction and overhaul capital construction objects; works on the construction, reconstruction and overhaul of objects that are not objects of capital construction (temporary buildings, kiosks, sheds and other similar buildings) (paragraphs one - three).

Thus, when making a procurement for the performance of construction works specified in position 2 of Appendix No. 1 to Resolution No. 99 of February 4, 2015 (including current repairs), the procurement participant is recognized as complying with additional requirements if the following conditions are met (paragraph four ):

the procurement participant submitted confirmation of the execution of one contract over the past three years for the performance of exclusively construction and (or) reconstruction and (or) major repairs. At the same time, confirmation of experience in the execution of a contract (agreement) by the performance of other construction works (for example, for current repairs) is not allowed (fifth paragraph);

the procurement participant confirmed the experience in performing construction work on one construction object, similar to the object, the performance of construction work on which is the object of procurement, namely: in the case of procurement of construction work on a capital construction object, the experience will be confirmed by the performance of construction work on a capital construction object ; in the case of the procurement of construction work on an object that is not a capital construction object, - the performance of construction work on an object that is not a capital construction object (sixth paragraph).

PSK Avangard LLC (hereinafter referred to as the Company) filed an administrative claim with the Supreme Court of the Russian Federation, in which it asked to invalidate paragraph four of subparagraph 1.3 of paragraph 1 of the Letter in the part imposing on participants in the procurement of construction works an additional requirement in the form of experience in performing relevant works in relation to current repairs, referring to the fact that the challenged order is of a normative nature and does not correspond to the actual meaning of the explained regulatory provisions of Decree No. 99 of February 4, 2015, and also contradicts paragraph 3 of part 2 of article 31 of the Federal Law of April 5 2013 No. 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the federal law dated April 5, 2013 No. 44-FZ) and paragraph 2 of part 1 of Article 15 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition". The administrative plaintiff pointed out that the application of Resolution No. 99 of February 4, 2015, as interpreted by the Letter, leads to the presentation of requirements not provided for by the current legislation to persons performing work only on current repairs. This limits the access of the Company to state and municipal procurement for the performance of current repairs in the event that the initial (maximum) contract price exceeds 10 million rubles.

By the decision of the Supreme Court of the Russian Federation dated August 22, 2016, the administrative claim of the Company was satisfied.

Disagreeing with this decision, the Ministry of Economic Development of Russia filed an appeal in which it asks for its cancellation due to the incorrect determination by the court of the circumstances relevant to the administrative case. Refers to the fact that the Letter is not a normative legal act, does not contain clarifications of the legislation, but is of an exclusively informational, reference nature. This circumstance, in the opinion of the administrative defendant, is confirmed by the fact that the Letter does not contain the features characterizing the normative legal act listed in paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 No. acts in whole or in part. He notes that there are no provisions in the Letter obliging anyone to apply the positions set forth in it, and liability is not provided for its non-application. In this regard, the administrative defendant considers unreasonable the conclusion of the court of first instance that the Letter in the disputed part orients the relevant officials to apply in practice the requirements of item 2 of Appendix No. 1 to the Decree of February 4, 2015 No. 99 in the interpretation set forth therein.

In objections to the appeal, the Company asks to refuse to satisfy it, leaving the decision of the court of first instance unchanged.

The Ministry of Justice of the Russian Federation submitted a response to the appeal, in which it asks to consider it without the participation of its representative and leave the court decision unchanged. Supports its position on this administrative case set out in the letter dated August 16, 2016 No. 01-94174/16, that the claim of the administrative claimant is reasonable and subject to satisfaction.

Having checked the materials of the case and discussed the arguments of the appeal, the Board of Appeal of the Supreme Court of the Russian Federation finds no grounds for its satisfaction and cancellation of the contested court decision.

Features of the consideration of administrative cases on contesting acts containing clarifications of the legislation and having regulatory properties (hereinafter referred to as acts having regulatory properties) are regulated by Article 217.1 of the Code of Administrative Procedure of the Russian Federation. By virtue of clause 1 of part 5 of the said article, based on the results of the consideration of an administrative case on contesting an act that has regulatory properties, the court decides to satisfy the stated requirements in full or in part, if the disputed act does not fully or in part correspond to the actual meaning of the regulatory provisions explained by it, establishes obligatory rules not provided for by the explained normative provisions, which apply to an indefinite circle of persons and are designed for repeated application. In this case, such an act is recognized as not valid in full or in part from the date of its adoption or from another date determined by the court.

The Letter formulates the position of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia regarding the application of the provisions of Resolution No. 99 of February 4, 2015 in connection with incoming questions.

The specified resolution was adopted in accordance with Federal Law No. 44-FZ of April 5, 2013, part 2 of Article 31 of which provides that the Government of the Russian Federation has the right to establish certain types of goods, works, services for procurement participants, the procurement of which is carried out through tenders with limited participation, two-stage competitions, closed competitions with limited participation, closed two-stage competitions or auctions, additional requirements, including the presence of: financial resources for the performance of the contract; on the right of ownership or other legal basis of the equipment and other material resources for the performance of the contract; work experience related to the subject matter of the contract, and business reputation; the required number of specialists and other employees of a certain skill level for the performance of the contract.

The Government of the Russian Federation also establishes a list of documents confirming the compliance of procurement participants with the listed additional requirements (Part 3 of this article).

Position 2 of Appendix No. 1 to Resolution No. 99 of February 4, 2015 (as amended on the day the contested decision was made) contains an additional requirement for procurement participants when performing construction work included in codes 41.2, 42, 43 (except for code 43.13) of the All-Russian classifier products by type economic activity(OKPD2) OK 034-2014, if the initial (maximum) price of the contract (price of the lot) exceeds 10 million rubles, namely: experience in the execution (taking into account succession) of the contract (agreement) for the performance of relevant construction works for the last 3 years before the date of filing an application for participation in the relevant competition or auction. In a footnote to this position, this requirement is specified, it is noted that experience in the execution of a contract for the performance of works related to the same group of construction works for which the contract is concluded is required. In this case, the following groups of construction works are used: construction, reconstruction and overhaul of capital construction projects; works on the construction, reconstruction and overhaul of objects that are not objects of capital construction (temporary buildings, kiosks, sheds and other similar buildings).

It follows from the above provisions that such an additional requirement as experience in the execution of a contract (agreement) for the performance of construction works is imposed on procurement participants if the objects of procurement are construction works included in codes 41.2, 42, 43 (except for code 43.13) of the All-Russian classifier of products by type of economic activity (OKPD2) OK 034-2014, related to the groups of construction works for the construction, reconstruction and overhaul of capital construction objects and objects that are not capital construction objects (temporary buildings, kiosks, sheds and other similar buildings), with an initial (maximum) contract price (lot price) over 10 million rubles.

After analyzing the content of the fourth paragraph of sub-clause 1.3 of clause 1 of the Letter, the court of first instance correctly pointed out that the Letter referred to the listed construction works, in respect of which additional requirements for procurement participants are established, include current repairs.

Meanwhile, Federal Law No. 44-FZ of April 5, 2013, Decree No. 99 of February 4, 2015, and other normative legal acts that have greater legal force do not have the competence of the Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia to provide clarifications on the application of the said resolution of the Government of the Russian Federation, as well as independently establish additional requirements for procurement participants, therefore the court of first instance came to the correct conclusion that the contested Letter was issued in excess of the authority of the administrative defendants.

At the same time, the court rightfully took into account that the legislation of the Russian Federation distinguishes between the concepts of "major repairs" and "current repairs". In this regard, it is impossible to recognize as justified the argument of the appeal that the concept of "repair" used in the Decree of the Government of the Russian Federation of February 4, 2015 No. 99 should be understood as two of its varieties - capital and current, since such a statement contradicts both a literal interpretation of this resolution, and normative legal acts regulating legal relations in the field of urban planning in the Russian Federation, as reasonably indicated in the contested decision.

Taking into account the fact that capital repairs and current repairs differ from each other in content and have different legal regulation, paragraph four of sub-clause 1.3 of clause 1 of the Letter establishing an additional requirement for procurement participants about the experience of executing a contract for construction work , reconstruction and overhaul in the course of procurement for the performance of current repairs, goes beyond the scope of an adequate interpretation of the provisions of the Decree of February 4, 2015 No. 99.

The reference in the appeal to the fact that the Letter does not contain the features of a normative legal act listed in the resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 No. 48 "On the practice of courts considering cases on contesting normative legal acts in whole or in part" does not affects the legality of the contested decision. The letter is disputed by the Company in the part indicated by it as an act containing clarifications of the legislation and having regulatory properties, in accordance with Article 217.1 of the Code of Administrative Procedure of the Russian Federation and is not subject to assessment in terms of its compliance with the criteria formulated by the Supreme Court of the Russian Federation for regulatory legal acts.

Within the meaning of the legal provisions enshrined in Article 217.1 of the Code of Administrative Procedure of the Russian Federation, and also taking into account the legal position of the Constitutional Court of the Russian Federation, set out in its decision of March 31, 2015 No. 6-P "On the case of checking the constitutionality of clause 1 of part 4 Article 2 of the Federal Constitutional Law "On the Supreme Court of the Russian Federation" and paragraph three, subparagraph 1 of paragraph 1 of Article 342 of the Tax Code of the Russian Federation in connection with the complaint of an open joint-stock company"Gazprom Neft", an act clarifying the current legislation may be subject to judicial review in the procedure established for challenging regulatory legal acts, taking into account individual features, if this act: is issued by a public authority, another body or organization endowed with state powers; does not have an individual character, i.e. the explanations contained therein are not related to the application of the law in relation to certain persons in specific cases; is mandatory for subordinate bodies (organizations, institutions) and their officials, who, by virtue of departmental subordination, must apply in their activities the explained normative provision exclusively in accordance with the meaning given to it by their higher body, organization; has normative properties, i.e. establishes (changes, cancels) rules designed for repeated application, binding on an indefinite circle of persons - participants in a legal relationship regulated by the rule being explained, thereby exerting a general regulatory effect on social relations; contains clarifications that go beyond the scope of an adequate (coincident, identical) interpretation (interpretation) of the provisions of the legislation and entail a change legal regulation relevant public relations.

Paragraph four of sub-clause 1.3 of clause 1 of the Letter, issued by the federal executive authorities, establishes an additional requirement not provided for by the explained regulatory provisions for procurement participants to perform construction work, i.e. establishes a rule of conduct that applies to an indefinite circle of persons and is designed for repeated use, contains an explanation that goes beyond the scope of an adequate (identical) interpretation of the provisions of Decree of the Government of the Russian Federation of February 4, 2015 No. 99 and entails a change in the legal regulation of public relations in the field of procurement of goods , works, services to meet state and municipal needs.

The argument of the Ministry of Economic Development of Russia that the Letter is not binding on subordinates government agencies, is refuted by the materials examined by the court of first instance, indicating that the disputed provision orients the relevant officials to apply in practice the requirements of position 2 of Appendix No. 1 to Resolution No. 99 of February 4, 2015 in the interpretation set forth in it.

Thus, the court of first instance, by virtue of paragraph 1 of part 5 of article 217.1 of the Code of Administrative Procedure of the Russian Federation, rightfully recognized the fourth paragraph of subparagraph 1.3 of paragraph 1 of the Letter as invalid in the part imposing on the participants in the procurement of construction works an additional requirement in the form of having experience in performing relevant work in relation to current repair work.

The contested judgment was rendered in compliance with the rules of procedural law and with the correct application of the rules of substantive law. There are no grounds provided for by Article 310 of the Code of Administrative Procedure of the Russian Federation for reversing the decision on appeal.

Guided by Articles 308 - 311 of the Code of Administrative Procedure of the Russian Federation, the Board of Appeal of the Supreme Court of the Russian Federation

determined:

the decision of the Supreme Court of the Russian Federation of August 22, 2016 is left unchanged, the appeal of the Ministry of Economic Development of the Russian Federation is not satisfied.

presiding

G.V. MANOKHINA

Board members

V.YU.ZAYTSEV

Changes to 44-FZ, which came into force in 2018, also affected the declaration of compliance of the procurement participant with certain requirements. Let's bring new pattern declarations of compliance of the procurement participant with the requirements.

1. Declaration is a prerequisite

When bidding different ways customers establish a number of conditions, compliance with which the participant must confirm by declaring, which is a prerequisite for participation in the auction. This rule applies to both 44-FZ and 223-FZ, since there are so-called "uniform requirements" that apply equally to bidding in accordance with the Law on the contract system, and for tenders held on the basis of the Law on Procurement certain types legal entities.

Please note that the information submitted during the declaration must be valid, since the customer can check them, and if it is found to be unreliable, he is obliged to remove the participant (part 9 of article 31).

If we turn to the norms of Federal Law No. 44, we can notice the conditional allocation of two types of declaration:

declaration of conformity with the uniform requirements for procurement participants;
about the candidate's belonging to small businesses (SMEs) or socially oriented non-profit organizations(SONO).

The first type of application implies that the person who wishes to take part in the tender complies with the provisions of paragraphs. 3-10 hours 1 tbsp. 31 of the Law on the contract system. We talked about this in more detail in the article on the requirements for procurement participants.

The second type of proclamation is the declaration of ownership. This condition is enshrined in articles 51, 66, 73 of the Federal Law No. 44. Federal Law No. 209-FZ establishes the criteria by which a person can be attributed to the subjects of the SMP. At the same time, in accordance with the joint Letter of the Ministry of Economic Development and the Federal Antimonopoly Service of 04.04.2014, the submission of other documents as part of the application that confirm the status of the NSR or SONO, except for the declaration of belonging to the subject of the NSR, is not provided. So, if the customer rejected the application, which contained the declaration of such information, he may be subject to administrative liability in accordance with the norms of the Code of Administrative Offenses of the Russian Federation.

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2. Changes in the declaration form in 2018

From January 09, 2018, new changes entered into 44-FZ, which affected the declaration. First of all, it is necessary to pay attention to the introduction of a new clause, which refers to uniform requirements and is subject to mandatory declaration by the tender participant (clause 7.1, part 1, article 31 of the Federal Law-44): only legal entities are allowed to participate, which within two years before the moment participation in the procurement were not held administratively liable for illegal remuneration on behalf of a legal entity (Article 19.28 of the Code of Administrative Offenses of the Russian Federation).

Also, paragraph 7 of part 1 of Art. 31 of Federal Law No. 44: the offenses of the Criminal Code are specified, a conviction for which will not allow participation in the tender:

illegal participation in business activities;
receiving and giving bribes;
mediation in bribery.

3. Video instruction on how to prepare documents for the tender

For a guaranteed result in tender purchases, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization belongs to small businesses, you can get a number of benefits: advance payments under government contracts, short time settlements, conclusion of direct contracts and subcontracts without a tender. and work only on profitable contracts with minimal competition!

When conducting auctions in various ways, customers establish a number of conditions, compliance with which the participant must confirm by declaring, which is a prerequisite for participation in the auction. For this, a sample declaration of conformity 44-FZ 2020 is drawn up. This rule applies to both 44-FZ and 223-FZ, since there are so-called "uniform requirements" that apply equally to tenders in accordance with the Law on the contract system, and for tenders held on the basis of the Law on Procurement by individual types of legal entities.

If we turn to the norms of Federal Law No. 44, we can notice the conditional allocation of two types of declaration:

declaration of conformity with the uniform requirements for procurement participants;
about the candidate's affiliation with small businesses (SMEs) or socially oriented non-profit organizations (SONO).

The second type of proclamation is the declaration of ownership. This condition is enshrined in articles 51, 66, 73 of the Federal Law No. 44. Federal Law No. 209-FZ establishes the criteria by which a particular person can be attributed to the subjects of the SMP. At the same time, in accordance with the joint Letter of the Ministry of Economic Development and the Federal Antimonopoly Service dated 04.04.2014, the submission of other documents as part of the application that confirm the status of the NSR or SONO, except for the statement of belonging to the subject of the NSR, is not provided. So, if the customer rejected the application, which contained the declaration of such information, he may be subject to administrative liability in accordance with the norms of the Code of Administrative Offenses of the Russian Federation.

Changes to the Declaration of Conformity 2020

First of all, it is necessary to pay attention to the fact that the sample declaration of conformity with the requirements (Article 31 44-FZ) of 2020 is drawn up in a new way. This is due to changes since 07/01/2018: requirements for participants, in accordance with Part 1 of Art. 31 44-FZ, were supplemented by paragraph 11. It contains a condition that the procurement participant has no restrictions on participation in public procurement, which are established by law.

From 07/01/2018, there is no need to draw up and submit separate document to participate in electronic procedures. Conformity general conditions will be automatically confirmed by e-mail trading platform at the time of application.

When a new declaration of conformity is needed

In paper documents open competition, according to Art. 51, confirmation of compliance with paragraphs 3-9 of Art. 31. At the same time, in the competitive procedures in electronic form along with points 3-9, you also need to comply with the 11th point. However, this correspondence will be confirmed, as in electronic auction, automatically - using the functionality of the ETP (Article 54.4).

In the request for quotations, it is also necessary to attach documents only on compliance with paragraph 1 of part 1 of Art. 31. This requirement also applies to electronic quotes. In all these cases, you will need a sample of a new declaration of conformity of the participant with the requirements of Federal Law 44.

If the situation is quite clear with the rest of the procedures, then there are questions on the request for proposals. 44-FZ states that the documentation must contain information on full compliance with Art. 31. Therefore, if the documentation indicates that it is necessary to provide documents on compliance with Art. 31, then it is necessary to declare compliance with paragraph 11. (clause 2, part 4, article 83). At the same time, this defect was eliminated in the request for proposals in electronic form. Legislators have established rules similar to the rules specified in the request for quotations.

The law on the contract system still does not establish rules for drawing up a document, the main thing is to declare the supplier's compliance with the requirements of Federal Law No. 44.

At the same time, a separate declaration on the absence of 44-FZ unscrupulous suppliers in the register is not needed. This information can be entered directly into the declaration of conformity with the uniform requirements for procurement participants.

If you want to play it safe, you can enter the 11th paragraph. We have prepared a sample declaration of the procurement participant in 2020, which indicates the absence of information in the RNP, as well as compliance with the new 11th paragraph.

Download a sample declaration of conformity according to 44-FZ

How to confirm compliance with the procurement requirements of 223-FZ

In procurement by certain types of legal entities, there are no prescriptions for participants. They must be fixed in the Procurement Regulations.

At the same time, the declaration of conformity of the auction participant n. 3-9 h. 1 Article. 31 44-FZ cannot be used to confirm compliance with the requirements under 223-FZ. Such conclusions were made by the commission of the OFAS of the Trans-Baikal Territory in Decision No. 04-20-984 / 2018 of 03/23/2018.

Download the OFAS solution

Among other things, the OFAS commission found that the sample (clause 3-9, part 1, article 31 44-FZ) of the 2020 declaration, although it confirms compliance with all the points provided for in the procurement documentation
No. 31806154433 for the supply of soft equipment for the needs of the State Autonomous Institution "Youth Center "Iskra"" of the Trans-Baikal Territory, de facto it confirms the compliance of the procurement participant with the requirements of 44-FZ, and not 223-FZ. Thus, in the process of participating in procurement under 223-FZ, we recommend that you remove all references to 44-FZ or use our sample.

Download a sample confirmation of compliance with 223-FZ

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 one's conformity 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.

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 completely corrupt, and the tender procedures themselves too confusing.

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 the 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 detailed description the goods/works/services required by the customer, the price he is willing 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, Civil Code, the Law on Competition, 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 on the 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 must be no arrears or arrears 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 uses this right 100%) not to allow those organizations / entrepreneurs that are included in a special register of unscrupulous suppliers to bidding. This registry is publicly available on the public procurement website (more recently - EIS), and even if such an organization submits its bid, and offers best conditions execution of the contract - it will be rejected from participation in the auction.

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 fundamental point, 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 in their application additional documents(for example, for the past period, tax returns (and other documents). This should not be done, since documents not provided by the customer in the procurement documentation are not 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. So 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: