Integrity and business reputation of the procurement participant. What is the integrity of the supplier and how to confirm it Documents confirming the integrity

Conscientiousness according to 44-FZ is a characteristic of a procurement participant, which allows the customer to decide whether to conclude a contract with him government contract even in cases where the participant significantly reduces its cost relative to the NMCC. Demonstrated integrity indicates that the potential contractor is reliable and has the necessary experience.

When to prove good faith

Federal Law No. 44-FZ establishes several methods that government customers use when preparing a purchase. Each of these methods is aimed at establishing adequate price a purchased product, work or service that meets market conditions. If during the procedure a potential counterparty significantly, by 25% or more, reduces the declared NMCC, this raises doubts about its reliability.

The legislator requires the government customer to apply anti-dumping measures in such situations: if the NMTsK exceeds 15 million rubles, the procurement participant is obliged to provide contract security that is one and a half times the amount established in the procurement documentation. If the NMCC does not exceed 15 million rubles, the participant has a choice:

  • provide the usual security, while simultaneously proving the good faith of the procurement participant under 44-FZ;
  • provide one and a half security for the fulfillment of their obligations under a future transaction with the customer.

Information confirming the integrity of the procurement participant 44-FZ must be requested by the customer in the event of a significant reduction in the purchase price during: competitive procedures, including electronic form and auctions.

What is proof of good faith?

How to confirm the supplier’s good faith under 44-FZ is explained in Part 3 of Art. 37 44-FZ. The contractor is recognized as reliable if the register of contracts contains information that he concluded and performed without the application of penalties to him:

  • at least three government contracts over the past year;
  • at least four government contracts over the last two years - with this option it is permissible for the contractor to be subject to penalties for a quarter of the contracts;
  • at least three government contracts over the last three years.

The price of at least one of the transactions executed by the contractor with government customers must be at least 20% of that offered by the contractor under the current procedure.

If a paper competition is held, information about the experience and performance of a potential contractor is submitted to the customer in a single package of documents with an application for participation. If we're talking about about an electronic competition or auction, information is provided to the customer simultaneously with the signing of the contract.

How to issue a confirmation of good faith

When talking about justifying the reliability of the contractor, the legislator points to the provision of information contained in the register of contracts. This is a publicly available information source. The supplier does not require any special documents; it is only necessary to summarize and provide the customer with information from the register.

The form of such a generalization is not established by law: it can be submitted in the form of a declaration, guarantee or information letter in any form.

Whatever document the contractor documents information about his experience and reliability, it should indicate:

  • register number of the executed contract;
  • name and tax identification number of the customer;
  • price;
  • item;
  • term of conclusion and period of fulfillment of obligations;
  • an indication of the penalties imposed, if any.

As a sample confirmation of good faith, you can use the information letter form.

The information provided by the procurement participant is verified by the customer. If during the inspection the customer reveals that the information provided is unreliable, in the case of a paper tender the participant’s application will be rejected, and if we are talking about an electronic tender or auction, the contract will not be signed, and the contractor will be recognized as having evaded the conclusion.

Upcoming changes in legislation

The President has signed a bill that significantly changes 44-FZ, in particular, the procedure for applying anti-dumping measures and rules for confirming good faith:

  1. The basis for the application of anti-dumping measures will soon be not only a reduction of 25% or more in the total purchase price, but also units individual goods, works, services.
  2. The number of options for procurement participants to prove their reliability will be significantly reduced: all contractors, without exception, will be required to provide information on at least three contracts executed over the past three years.
  3. For contracts concluded as a result of procedures with a significant reduction in price, advance payment will become impossible.

Explanations on the topic

Main points Document details Download
In the letter of guarantee, only the manufacturer confirms the good faith of the contractor under the government contract. Decision of the Khabarovsk OFAS No. 224 of 07/09/2018 in case No. 7-1/373

Dumping is the deliberate indication of a price lower than the market price in order to displace competitors. This is one of the main problems that one has to deal with in government procurement. This cannot but affect the quality of the products or services supplied. In addition, dumping is a tool by which the openness and accessibility of an auction is violated, when the tender can be won by agreement with the customer by a supplier interested in this purchase.

In this article we will talk about what criteria exist to evaluate a bona fide purchase on the part of a supplier.

Adoption of anti-dumping measures in the field of government procurement under Federal Law 44-FZ

In order to prevent dumping (artificially lowering the price of a product), the law provides for a number of anti-dumping measures:

    Advance payment by the supplier - provision,

    Providing documentation confirming the integrity of the supplier - information from the Unified Information System (extract from the unified register of contracts).

The application of anti-dumping measures at auctions (auctions or competitions) occurs when the price is reduced by 25 percent or more.

The size of the NMCC determines the choice of one or another anti-dumping measure. According to Article 37 (Part 2) of 44-FZ, if the contract price is less than fifteen million rubles, then it is necessary to secure the contract by the supplier or provide an extract from the register of past contracts. If more than this amount, then it is necessary to ensure the fulfillment of the contract - a bank guarantee (BG) or transfer of an advance to the customer’s account.

Information proving the integrity of the supplier

As confirmation of the supplier’s good faith intentions, they provideextract from the unified register of contracts. In this case, the criteria for assessing integrity are as follows:

    No penalties for at least three completed contracts in the last 12 months.

    Over the past 24 months, more than three contracts have been completed, of which no more than 25% of unfulfilled contracts.

    Over the past three years before the submission of documentation for participation in the tender, 3 or more contracts were completed, and no penalties were applied to them.

Only those contracts with an amount not less than 20% of the contract for which the bidder submits an application serve as confirmation of the supplier’s integrity.

Information confirming the supplier’s bona fide intentions is attached to the second part of the application for participation in the tender, or is already attached to the draft contract after the auction has already been won.

The customer's decision to enter into a contract with a bona fide supplier

Winning an auction does not mean that the customer will sign a draft contract with the winning bidder. After the auction has been completed, the customer has access to the second parts of the applications. Within the period established by law, the accuracy of the information provided by the winner is verified. Members of the customer's commission, while studying the supplier's documentation, check the compliance of the provided data with reality. Based on this, a decision is made to sign a contract with the winner of the state tender. If the data turns out to be contradictory and unreliable, the customer has the right to refuse to sign the contract, which he officially notifies indicating objective reasons, and enters the winner of the tender into the register of unscrupulous suppliers.

Confirmation of good faith is one of the anti-dumping measures provided for by Law 44-FZ. These measures are designed to prevent deliberate under-pricing in tenders in order to eliminate competitors and win. We will tell you further how to confirm good faith and when it is necessary.

When to prove good faith

Anti-dumping measures are discussed in Art. 37 of Law 44-FZ. These are additional steps that the winner who has reduced the starting price by 25% or more must go through before signing the contract. Thus, tender organizers are fighting against deliberate price reductions.

Which anti-dumping measures apply depends on the contract value stated in the documentation. If it is more than 15 million rubles, the participant must provide security increased by 1.5 times. If it is less than 15 million, the winner is required to confirm good faith.

See the documentation for what measures are used in a specific procedure. Please note that they are only used in competitions and auctions.

How to prove good faith

The participant must provide at least 3 contracts within the last 3 years. There should be no fines or penalties for each of them. And the price of each must be 20% of the initial contract price in this procedure for which an application is submitted. Provide copies of these contracts with all attachments, as well as a cover letter.

How to prove your integrity to keep more money in your account

If a tender participant dumps, he is obliged to provide contract security increased by one and a half times - this is a protective anti-dumping measure for customers. But if the contract price is below 15 million rubles. the applicant has the right to provide standard security in the amount according to the notice and additionally confirm his good faith. Read how participants can confirm their good faith in order to save on collateral and keep more free money in their accounts, and what conditions information from the contract register must meet in order for the customer to accept it.

Exactly how to submit integrity information depends on the type of procurement procedure. For example, in any type of competition they must be included directly in the application. If there is an auction, provide the data along with the draft contract when you sign it on the ETP.

It is not necessary to retrieve contracts from the archive; it is enough to know the number of the documents that you want to present as evidence of good faith. All information about them can be found in the register of contracts.

Please note: if the subject of the contract is a product necessary for normal operation ambulance (Part 9, Article 37 of Law 44-FZ), the procedure changes slightly. The participant will have to justify his price, that is, explain why he offered exactly such a price. This may be a letter of guarantee from the manufacturer of the goods, which confirms the price of the goods, or papers that prove that the supplier has the products in stock (transfer and acceptance certificates, sales contracts, etc.). This once again proves that he is able to fulfill the contract at the stated price.

Letter of good faith for the customer

In the letter, the winner briefly tells the customer what contracts confirm his good faith. We recommend formatting it in the form of a table, which can be broken down by year. Include the following columns:

  • contract number in the register;
  • name of the counterparty (with whom the contract was concluded);
  • subject of contract;
  • date of conclusion;
  • period of execution;
  • contract price;
  • penalties, penalties, fines, if they were assessed.

If you submitted an application with a price that is 25% different from the initial one, it is better to immediately prepare executed contracts, and not do this before signing the contract itself. You risk not making it in time and ending up in the RNP.

What not to do

In order to avoid becoming a draft dodger (a winner who avoided concluding a contract), there is no need to repeat the experience of a participant in an auction for the supply of household goods. The starting price was 169,800 rubles. The winner offered 97,635 rubles. Since the difference was more than 25%, it was necessary to confirm good faith, which the participant did.

However, upon inspection, the auction organizer discovered that contracts with register entries No. 1434509333118000180 and No. 2434601121119000439 are under execution. This means that the information provided by the participant does not confirm good faith.

He was recognized as a draft dodger, after which the auction organizer turned to the FAS with a request to include him in the register of unscrupulous suppliers. At a meeting of the OFAS commission, it turned out that the contracts were sent by mistake (as the participant himself stated). As a result, they decided not to include him in the RNP. Nevertheless, he lost the tender.

Attached files

Hello, dear colleague! Today's article will talk about anti-dumping measures, as well as the effectiveness of their application. These measures are aimed at reducing the risks of Customers in connection with artificially lowering prices during competitions and auctions. In 44-FZ, anti-dumping measures are regulated by Article 37, and when purchasing under 223-FZ, they can be established by Customers in the Procurement Regulations. We will talk about all the nuances of using these measures below in this article. ( Note: This article was updated on April 25, 2019).

1. Anti-dumping measures under 44-FZ

1.1 Concept of dumping


Dumping(from the English dumping - dumping) - sale of goods (works, services) at artificially low prices.

It's no secret that contracts with artificially low prices are mostly fraudulent. The dumping procurement participant receives an advance payment (if any), but the work remains unfulfilled. In addition, dumping contributes to a general decline in the level of work (services provided) and the quality of supplied products.

However, as practice has shown, dumping is resorted to not only by scammers or fly-by-night companies, but also by completely decent organizations. And the reason for such actions is obvious - the lack of proper experience and qualifications for healthy competition.

1.2 “Taran” dumping scheme

It is quite difficult for young organizations, as well as newly founded individual entrepreneurs without work experience, to participate in government procurement. Therefore, dumping for “newbies” was and most likely will be the only working tool in the industry for a long time. competition. The previously effective 94-FZ did not provide for anti-dumping measures, so cases of serious reductions during trading occurred quite often. The favorite scheme among careless suppliers was the so-called “Bram” scheme.

Let me briefly recall the meaning of this diagram. Typically, three organizations were involved in the conspiracy. The first participant, who was supposed to win the auction, took the first step with a slight reduction in price (0.5-1% of the NMCC). Then two other participants entered the game, knocking down the NMCC of the contract as quickly as possible until the submission of price proposals by other participants would be pointless. Then, when considering the second parts of the applications, the applications of these participants were rejected, because they knowingly attached incorrect documents. And the winner was the participant who managed to make a price offer with a minimum step.

1.3 What anti-dumping measures are provided for in 44-FZ?

With the advent of 44-FZ, the situation changed in better side, but, in my opinion, very insignificant. So, what anti-dumping measures appeared in 44-FZ?

According to Part 1 of Article 37 of 44-FZ, if during a competition or auction NMCC is more than 15 million rubles , the contract is concluded only after such participant provides in the amount exceeding 1.5 times the amount of security for the execution of the contract specified in the documentation for the tender or auction, but not less than the amount of the advance (if the contract provides for the payment of an advance).

That is, if the NMCC is more than 15 million rubles, the procurement participant, when signing the contract, is obliged to provide one and a half times the security for the execution of the contract.

According to Part 2 of Article 37 of 44-FZ, if during a competition or auction NMCC is 15 million rubles or less and the procurement participant with whom the contract is concluded is offered contract price, which is 25% or more lower than the NMCC , the contract is concluded only after such participant provides security for the performance of the contract in the amount exceeding 1.5 times the amount of contract performance security specified in the documentation for the tender or auction, or information confirming good faith such participant on the date of filing the application, with the simultaneous provision by such participant of contract performance security in the amount of contract performance security specified in the procurement documentation.

That is, if the NMCC is up to 15 million rubles, the procurement participant, when signing the contract, can provide a choice of:

— or one-and-a-half times security for the execution of the contract;

— or documents confirming the good faith of such a participant + security for the execution of the contract established in the documentation.

1.4 For which purchases are anti-dumping measures applied?

Many procurement participants mistakenly believe that anti-dumping measures apply to absolutely all procurement procedures, including and. According to Article 37 of 44-FZ, anti-dumping measures are applied ONLY to and .

1.5 Confirmation of the integrity of the procurement participant

A procurement participant can confirm his/her integrity by providing information about completed contracts for a certain period of time before the date of filing an application for participation in a competition or auction:

When conducting open competition , competition with limited participation , two-stage competition , closed competition , closed competition with limited participation , closed two-stage competition specified information must be presented as part of the application (Part 4 of Article 37 of 44-FZ).

And when carrying out open competition in electronic form , competition with limited participation in electronic form , two-stage competition in electronic form , auction a document confirming good faith must be provided to the Customer along with the signed contract (Part 5 of Article 37 of 44-FZ).

Important! Revealing the unreliability of the information provided in the case of “paper” competitions leads to the rejection of the application, and in the case of e-procurement leads to the recognition of the participant as having evaded signing the contract.

1.6 What should you do if your contract information is not in the register?

If a contract with the Customer has been concluded, but there is no information about the contract in the register, you must first contact the Customer to find out the reason for the absence of an entry in the register. For failure to provide or untimely provision of information about the conclusion of a contract and its execution, administrative responsibility Customer.

1.7 Special cases of application of anti-dumping measures under 44-FZ

1. If a competition is held to carry out research, development or technological work, the Customer can set different values ​​for the criteria for evaluating applications with a price reduction of up to 25% and over 25% of the NMTsK (Part 7 of Article 37 of 44-FZ);

2. If goods are purchased for the normal life support of the population (food, emergency supplies, medicines, fuel, etc.), in addition to the usual anti-dumping measures (one and a half times the contract performance or confirmation of the procurement participant’s good faith), the participant must also justify the price reduction by providing the customer (Part 9, Article 37 44-FZ):

  • letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (in free form);
  • documents confirming the availability of goods from the procurement participant (bill of lading, receipts);
  • other documents and calculations confirming the ability of the procurement participant to supply goods at the proposed price

3. According to Part 12 of Article 37 of 44-FZ, anti-dumping measures are not applied if, during procurement medicines, which are included in the list of vital and essential medicines approved by the Government of the Russian Federation, the procurement participant with whom the contract is concluded offers the price of all purchased medicines, reduced by no more than 25% relative to their registered price in accordance with the legislation on circulation medicines maximum selling price.

As you can see, with the advent of Federal Law 44, the requirements for procurement participants resorting to dumping have become more stringent. However, it is difficult to say that this has radically changed the situation for the better.

Firstly, those participants who used dumping before 44-FZ also continue to use it. Of course, this “pleasure” has become more expensive, but not so much that we have to give it up completely.

Secondly, those participants who, as before, have a sufficient level of qualifications and experience are unlikely to try to win an order solely on the basis of price.

Only a combination of factors, such as application security, anti-dumping measures, contract enforcement, fines and penalties, as well as the lack of an advance payment, cut off negligent suppliers from procurement. That is, anti-dumping tools are effective only in combination with the above measures, and do not give the desired effect when used separately.

2. Anti-dumping measures under 223-FZ

Companies that fall under 223-FZ carry out their purchases in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, 223-FZ, 135-FZ, other federal laws and regulatory legal acts of the Russian Federation, as well as approved and placed in a single information system(EIS) Procurement Regulations.

According to Part 2 of Article 2 of 223-FZ, the Procurement Regulations are a document that regulates all procurement activities of the customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other provisions related to ensuring procurement.

This means that each Customer independently develops its own Procurement Regulations, which prescribes procurement methods, the procedure for their preparation and implementation, incl. and applied anti-dumping measures. These measures may differ from those provided for in Article 37 of 44-FZ.

This concludes my article. If you still have questions, ask them below in the comments to this article.


Here we will provide a sample according to which you can fill out a letter with information confirming the good faith of the procurement participant in accordance with Federal Law 44. The supplier may need this letter to reduce the amount of security if the initial maximum contract price is reduced by more than 25% during the electronic auction. . Information about fulfilled obligations to fill out the letter should be taken from the register of contracts.

(Information contained in the Unified Register of State and Municipal Contracts)

According to Art. 37 part 3 Federal Law dated 04/05/2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to provide government and municipal needs».

In accordance with the data provided on good faith, Romashka LLC requests that the contract performance security be reduced from 45% to 30% of the initial (maximum) contract price, which is 30,251.18 (thirty thousand two hundred fifty-one) rubles, 18 kopecks.

We provide information confirming the integrity of Romashka LLC in table No. 1.

No. Contract details number Contract status Order number Customer name Contract amount
1.
2.
3.

CEO LLC "Romashka" ____________________ Ivanov I.I.

You can download a sample in .doc format for filling out yourself by clicking on the link.

As part of the anti-dumping measures, the participant may be required to demonstrate good faith. The article will help you understand what is hidden behind this concept and how to confirm your integrity.

What is good faith according to 44-FZ

When the offer of the winner of an auction or competition is 25% or more cheaper than the NMCC, anti-dumping measures are used. This is done in order to prevent competition from being limited by excessively understating the cost of products, as well as to protect customers and, as a consequence, end consumers from poor-quality procurement results.

If at the same time starting price tender is less than 15 million rubles. (inclusive), then the supplier has a choice. He can provide the customer with contract security of 1.5 times the amount, or regular security plus documents showing his business reputation in the contract system.

The integrity of the procurement participant under 44-FZ is information from the register of contracts about previously fulfilled obligations.

How to confirm the integrity of the supplier under 44-FZ

The necessary information is contained in the Unified Information System, namely in the register of contracts that were previously concluded with government customers. Moreover, all transactions must be completely closed, that is, be in the status “Execution completed” or “Execution terminated”.

Information confirming the good faith of the procurement participant 44-FZ may be as follows (optional):

  1. Three or more completed contracts within one year prior to the date of application.

    Documents confirming the good faith of the participant in the 44-FZ competition

    No penalties.

  2. Four or more completed contracts within two years prior to the application submission date. 75% of which are without penalties.
  3. Three or more completed contracts within three years prior to the date of application. No penalties.

It is important to take into account that in the above options, the amount for at least one of the documents should not be lower than 20% of the price proposed by the participant in current trading. Moreover, the subject of completed transactions is not specified by law, that is, it can be anything; the participant is not required to confirm the fact of execution of similar government contracts.

To participate in the competition, documents indicating the honesty of the winner must be attached to competitive application. If they are absent, the customer can conclude a deal only after receiving collateral increased by 1.5 times compared to that specified in the documentation. Moreover, this amount should not be smaller size advance payment, if provided for in the documentation.

When dumping prices for electronic auction The supplier is obliged to provide information confirming good faith simultaneously with the signed contract for the current purchase.

The tender commission or the customer directly, depending on the type of procedure, checks the information provided with the register of contracts. If fake or inaccurate information is discovered, the application is rejected (in a competition), or the participant is recognized as having evaded the transaction (in an auction). In the latter case, the results are published in the Unified Information System in the form of a protocol, and the right to execute the transaction passes to the second lowest priced participant. If the latter’s offer is also reduced by 25% or more from the NMCC, then all anti-dumping measures are applied to it.

Sample confirmation of good faith according to 44-FZ

The law does not establish clear requirements for the form of provision of the information in question. Therefore, such documents can be drawn up in any form. But in order to make it easier for the participant to accurately collect all the necessary papers, and for the customer to check them faster, it is convenient to use a table that contains all the information that is required to be provided by law. You can download a sample letter confirming the integrity of the supplier below.

In accordance with Part 1.2 of Art. 37 44-FZ, established anti-dumping measures that apply to participation in competitions and auctions.
If a procurement participant has proposed a price reduction of 25% or more, anti-dumping measures are established, which depend on the initial maximum contract price (IMCP), the threshold of which is set at 15 million rubles.
If the NMCC is less than or equal to 15 million rubles, the contract will be concluded only after the winner provides a contract performance security 1.5 times greater than the amount of the contract performance security specified in the documentation, or information confirming the good faith of such a participant on the date of filing the application.

Sample letter confirming the integrity of the supplier
ON THE FORM

ref no. from ______

Information mail

Society with limited liability"Romashka" (hereinafter referred to as the Company), represented by General Director Ivan Ivanovich Ivanov, acting on the basis of the Charter, confirms the integrity of the Company in accordance with the requirements of Parts 1, 2, 3 of Art. 37 of Federal Law No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, and provides information on executed contracts:

Registration number of the contract entry

Customer (name, TIN)

Subject of contract

Conclusion date

Period of execution

Contract price

Application of fines, penalties, penalties

2011

year 2012

year 2013

All information is presented from the Unified Register of State and Municipal Contracts on the website www.zakupki.gov.ru.

Confirmation of the supplier's integrity from the customer according to Federal Law 44, sample

I confirm the accuracy of the information.

Sincerely,
General Director ________________ Ivanov I.I.
(based on the Charter)

Download a sample letter confirming the integrity of the supplier

SB Aspect LLC does not guarantee full compliance of materials with legal regulations at the time they are viewed by the user. The materials are presented for informational purposes.

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Article. Application of anti-dumping measures under 44-FZ

The lowest proposed contract value is not always the main parameter in choosing the winner when participating in government procurement. 44-FZ also provides for such a criterion as the qualifications of the participant. Let's figure out what this requirement for suppliers is and how to confirm your compliance.

The essence of the criterion “experience and business reputation”

Choosing a counterparty capable of fulfilling the terms of the contract efficiently and promptly always implies a certain risk for the customer. The level of trust in a particular organization consists of a set of certain criteria, such as:

  • history of the organization: duration of presence of the business entity on the market according to its profile economic activity, experience and volume of goods supplied, work performed, services;
  • means: provision of the supplier with material resources necessary for the production and delivery of products, performance of work, provision of services;
  • personnel: the presence of qualified specialists and managers at the bidder;
  • image: the perception of the organization by clients and society as a whole;
  • reliability: completeness and reliability of information provided by the organization.

Great chance fruitful cooperation possible with a company that has the largest number the above positive parameters.

In this regard, the legislator has provided such a tool for predicting successful relationships as assessing experience and reputational potential.

Criteria for evaluation

Resolution No. 1085 dated November 28, 2013 discloses the indicators of non-cost evaluation criteria, but does not define the concept “ business reputation».

Application security and supplier's letter of good faith

The customer needs to ensure a unified and objective approach when ranking and selecting a supplier when conducting various types procurement

Documents confirming the existence of a positive reputation may include, for example, Thanksgiving letters, certificates, diplomas of both the organization itself and its employees.

A certificate for assessing experience and business reputation is also common.

How to properly set the certificate requirement

This question causes the most difficulty. To date, a number of national standards assessing the experience and business reputation of persons carrying out entrepreneurial activity in different areas:

  • general provisions, GOST R 66.0.01-2015;
  • architectural and construction design, GOST R 66.1.01-2015;
  • engineering surveys, GOST R 66.1.02-2015;
  • assessment of experience and business reputation construction organizations and design institutions, GOST R 66.1.03-2016;
  • production and sale of fire-technical products, GOST R 66.9.01-2015;
  • provision of services that ensure fire safety objects, GOST R 66.9.02-2015;
  • transportation services for large items heavy cargo, GOST R 66.9.03-2016.

The requirement for certificates as part of the application has two points of view. For example, by Resolution of the Thirteenth Arbitration Court of Appeal dated March 3, 2016 No. 13AP-31280/15, the requirement for certificates was recognized as legitimate. And, for example, the Ministry of Economic Development explained that the state customer does not have the right to require participants to have a business reputation index calculated by an organization accredited in the system voluntary certification. The agency notes that according to 44-FZ, the assessment of experience and business reputation does not require obtaining a certificate. Obtaining a document requires significant time and financial costs and is an administrative barrier to participation in the procurement (letter of the Ministry of Economic Development of Russia dated January 19, 2017 No. OG-D28-761).

How to check the certificate of experience and business reputation assessment

Taking into account that a much more significant criterion is the recognition of the supplier by the professional community, and letters of gratitude are easily subject to falsification, the customer can establish in the documentation a requirement for a certificate.

In this case, the participant is required to contact the certification body with a certain package of documents (founding documents, information about employees, copies of contracts confirming experience in similar work, reviews of activities, etc.). Federal agency Technical Regulation and Metrology maintains a list of registered companies. Each organization has internal regulations on the period of provision and cost of the service (on average from 10 working days with a price of more than 100,000 rubles). Certification involves an on-site inspection by auditors of the certifying organization, examination of data for completeness and reliability, and calculation of the final assessment based on the data obtained.