Declaration of affiliation with small businesses

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Published: 04/14/2019

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

• Concept
• Document requirements
• Declaration of affiliation of the NSR and SONO
• Declaration of conformity of goods with national regime requirements
• Changes in the preparation of the declaration from 2020
• When is a new declaration of conformity required?

Concept

Declaration of compliance with uniform requirements is a document that must be attached as part of the application for participation and confirms compliance with the requirements of the procurement documentation. The need to declare their compliance with certain rules applies to procurement participants within the framework of 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 their applications:

1. Declaration of conformity with uniform requirements for participants.
2. Declaration of confirmation of the country of origin of goods (if the goods are intended to be purchased according to the requirements of the national regime).
3. Declaration of the company’s affiliation with small businesses or socially oriented non-profit organizations.

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

When submitting an application for an electronic auction, the participant declares his compliance with all requirements using the ETP functionality. That is, he does not need to prepare a paper version of the declaration: he just needs to check the boxes to confirm his compliance in the required field.

When submitting a paper declaration from a participant, in some cases it is necessary to attach additional documents to it - this may be a copy of the license, as well as approvals.

Information submitted declaratively by participants does not require mandatory documentary confirmation of its veracity. But they must be reliable. If necessary, the customer can check them and, if inconsistencies are identified, he is obliged to remove the participant from the auction (in accordance with Part 9 of Article 31 of the 44-FZ).

It is worth noting that 223-FZ does not stipulate requirements for participants that must be declared . They are determined by the customer and prescribed by him in the Procurement Regulations. Usually they overlap with the rules under 44-FZ.

Declaration of compliance of the auction participant with the requirements of Art. 31 44-FZ cannot be used to participate in procurement under 223-FZ. A sample declaration of conformity for 223-FZ can be downloaded here, for 44-FZ can be viewed here.

Why is a declaration needed?

The benefit of this document lies not only in the fact that it is used by those who participate in tenders. It has gained great popularity among representatives when purchasing is carried out. There is no other way to prove that someone represents a small business.

An example of a declaration for a small business.

Find out how to start a business with China by following the link.

The declaration is mandatory for companies that apply for participation in tenders via the Internet. It must also be submitted if all further purchases are carried out at auction or through auction.

Where to get and how to draw up a document?

There is no need to obtain a declaration anywhere. It is composed only by the participants themselves. They also certify the document with a signature and seal.

There is a free form for those who are interested in declaring their membership in the SMP.

The main thing is not to ignore a number of criteria, according to which an organization belongs to certain groups.

Document requirements

The uniform requirements that the customer must prescribe in the procurement documentation are established in Part 1 of Art. 31 44-FZ. These include the following:

1. The Supplier must comply with the requirements of special legislation to carry out work and supply certain goods . These may be licenses or permits.
2. The company is not in the process of liquidation or bankruptcy.
3. The company's activities were not suspended by authorized authorities in connection with administrative offenses.
4. The supplier has no debt to the budget in the form of taxes, fees, contributions and other payments.
5. An individual or individual entrepreneur has no criminal record for economic crimes and is not among the disqualified persons.
6. During the 2 years preceding participation in the procurement, the company was not brought to administrative responsibility for corruption crimes in the form of bribery under Art. 19.28 Code of Administrative Offences.
7. The participant has exclusive rights to the results of intellectual activity if they are transferred to the customer under a government contract.
8. There is no conflict of interest between participants and customers.
9. The participant is not registered in an offshore zone.
10. The supplier has no restrictions on participation in procurement activities under various Russian laws (this clause appeared in 2020 under clause 11, part 1, article 31 44-FZ).

Additional requirements that the customer may set depending on the specifics of the procurement procedure include:

1. Does the contractor have experience in successfully completing this type of contract?.
2. Availability of qualified personnel.
3. Equipping with equipment or machinery.
4. Certain financial resources.

The customer has the right to demand from the supplier that he not be included in the special register of unscrupulous suppliers (RNP). Although this requirement is optional (the customer is not obliged to establish it, but has the right to do so), in practice, almost all purchases require it.

A separate declaration of the absence of a participant in the RNP is not expected.

What is SONO

Along with SMP, the term SONO is used. It has the following decoding: socially oriented non-profit organizations. Federal Law No. 7 states that these structures can work in the following areas of activity:

• social protection of citizens;
• public service;
• providing assistance in eliminating the negative consequences of accidents and disasters;
• preventing behavior that poses a social danger;
• environmental protection.

If an organization carries out these types of activities, but its founders are constituent entities of the Russian Federation or municipal structures, it does not belong to SONO.

Declaration of affiliation of the NSR and SONO

Although large-scale changes were made to the procurement legislation in 2018-2019, they did not affect the obligations of state and municipal customers to carry out part of the purchases from representatives of small businesses and non-profit organizations with a social orientation. They must account for at least 15% of the total volume of purchases for the year.

Small businesses include organizations and entrepreneurs that meet the conditions of Federal Law-209 of 2007 . The main ones include: number of no more than 100 people, income from business activities no more than 800 thousand rubles.

NPOs with a social orientation include certain organizations that comply with the requirements of Federal Law No. 7 of 1996 and conduct activities in the framework of solving social problems.

These organizations must be represented in the Unified Register of Small and Medium-Sized Enterprises.

When submitting applications, organizations and entrepreneurs must attach a declaration of affiliation with small businesses or non-profit organizations. It must contain the following information and criteria for classifying a company as a small business:

1. Name, INN, OGRN and address of the organization.
2. Information on the average number of employees and their income for the previous year.
3. Share of participation in the authorized capital of foreign legal entities and government entities , public and other organizations.
4. Other information , according to Government Decree No. 1352 of 2014.

According to the clarification Letter of the Ministry of Economic Development and the Federal Antimonopoly Service of 2014, in addition to the declaration, the provision of additional documents as part of the application that would confirm the status of a small business entity or non-profit organization is not required.

If the customer rejects such an application, then he may face administrative liability according to the norms of the Code of Administrative Offenses. A fine of up to 30 thousand rubles may be collected from the customer. according to Part 2, 6 Art. 7.30 Code of Administrative Offenses of the Russian Federation.

Where can I get a declaration form?

Unfortunately, today in Russia there is no body responsible for issuing declarations of this type. Just as there is no standardized form for suppliers to fill out. The participants compile the paper independently, in free form.

There is also no need to officially certify the document in third-party organizations, such as notary offices. This procedure is again entrusted to the company filling out the paper, and it is necessary to indicate:

• seal;
• manager's signature.

Changes in the preparation of the declaration from 2019

Since 2020, the rules for preparing the document have undergone changes. The declaration from 2020 must be drawn up taking into account the amendments made to Art. 31 44-FZ. The requirements for participants are supplemented by clause 11. It contains conditions that a participant in procurement activities has no restrictions on participating in tenders under Russian law.

Also, since July 2020, there is no longer a need to draw up a separate declaration for electronic procurement . In 2020, this right remains: compliance with the general conditions must be confirmed automatically on the electronic trading platform when submitting an application.

Are there any attachments to the declaration?

Participants themselves attach additional documents to their applications. It is not recommended to do this on your own. After all, most often such papers remain without consideration.

You can see the rules for filling out a tax return here.

The absence of a declaration is a serious reason for a tender participant to be refused consideration of the application altogether. And the law does not provide for the possibility of presenting a document after the application has been rejected.

Instructions for filling out EMS reporting

The rules for the formation and reporting form for purchases from small businesses were approved by Government Decree No. 238 of March 17, 2015.

IMPORTANT!

The document form was updated in 2020 - a line was added for entering indicators for contracts concluded with single suppliers based on the results of failed tenders (letter of the Ministry of Finance of Russia No. 24-01-07/79316 dated November 2, 2018).

Reporting on government procurement from SMP contains 3 sections:

1. Customer registration data.
2. Information on the volume of purchases from small businesses.
3. Information about concluded contracts.

Here are detailed step-by-step instructions for reporting on SMP under 44-FZ in 2020:

Step 1. We create a document in the Unified Information System.

There is no longer any need to prepare a paper report and transfer indicators to the Unified Information System. Reduce your work time by filling out reporting indicators in a special electronic form. To generate a report, go to the customer’s personal account, go to the reporting section and create a new document.

Step 2. Prepare the first section of the procurement report from SMP.

Name, INN, KPP, legal form, address, contacts and some codes (OKOPF, OKPO) are filled in automatically. You must indicate the municipal territory code (OKTMO) and the reporting year (currently 2019).

Step 3. We proceed to filling out the information in the second section.

All values ​​are indicated in thousands of rubles. In the electronic form of the UIS, a number of lines are calculated automatically. See how to fill out the SMP report for 2020 in the table with explanations:

Step 4. Fill out the third section.

In this block, the customer confirms the indicators of the second section with factual information. We include in the report on SMP in 2020 for 2019 under 44 Federal Laws specific unique numbers from the UIS register for the following types of contracts:

• with SMEs and SONCOs;
• with the involvement of subcontractors;
• agreements concluded in accordance with Part 1.1 of Art. 30 44-FZ.

Step 5. We sign the digital signature and publish the final reports in the Unified Information System.

Before publication, you must print out the completed form and have it signed by your supervisor. Find the saved form, open it and click the button with the image of the printer. Print, sign, stamp. Scan and attach the file in the “Documents” tab. Don’t forget by what date the report on SMP under 44-FZ in 2020 must be published in the Unified Information System - until 04/01/2020 without transfers or delays! The reporting date is the day the document is posted in the information system (clause 4 of Resolution No. 238 of March 17, 2015).