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Anti-dumping measures during procurement are applied during the procurement. You can log in using one of the social network accounts Anti-dumping measures fz 223

1. If, during a tender or auction, the initial (maximum) contract price is more than fifteen million rubles and the procurement participant with whom the contract is concluded, the contract price is proposed, which is twenty-five percent or more lower than the initial (maximum) contract price, or the sum of the prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of the prices of the indicated units, the contract is concluded only after such a participant provides a security for the performance of the contract in an amount exceeding one and a half times the size of the security for the performance of the contract specified in the documentation on the holding competition or auction, but not less than in the amount of the advance payment (if the contract provides for the payment of an advance payment).

2. If, during a tender or auction, the initial (maximum) contract price is fifteen million rubles or less and the procurement participant with whom the contract is concluded, the contract price is proposed, which is twenty-five percent or more lower than the initial (maximum) contract price, or the sum of the prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of the prices of these units, the contract is concluded only after such a participant provides security for the performance of the contract in the amount specified in part 1 of this article, or information confirming the good faith of such a participant in accordance with paragraph 3 of this article, with the simultaneous provision by such a participant of the contract performance security in the amount of the contract performance security specified in the procurement documentation.

(see text in previous edition)

3. Information confirming the good faith of a procurement participant includes information contained in the register of contracts concluded by customers and confirming the execution by such participant within three years prior to the date of filing an application for participation in the procurement of three contracts (taking into account succession) executed without applying to to such participant of forfeits (fines, penalties). At the same time, the price of one of such contracts must be at least twenty percent of the initial (maximum) contract price specified in the notice of procurement and procurement documentation.

(see text in previous edition)

4. In case of open competition, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, the information provided for in paragraph 3 of this article is provided by the procurement participant as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed competition, closed competition with limited participation, closed two-stage competition. The Procurement Commission rejects such an application if this information is found to be unreliable. The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer), indicating the reasons for rejecting such an application, is brought to the attention of the procurement participant who sent the application no later than the business day following the day of signing the specified protocol. If the procurement participant in the case provided for by paragraph 2 of this article, as part of the application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, does not provide information confirming its good faith in accordance with paragraph 3 of this article, a contract with this participant is concluded after they provide a contract performance security in the amount of one and a half times the amount of the contract performance security specified in the procurement documentation.

(see text in previous edition)

5. In the event of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction, the information provided for in paragraph 3 of this article shall be provided by the procurement participant when sending a signed draft contract to the customer. If such participant, recognized as the winner of a tender or auction, fails to this requirement or recognition by the procurement commission of the information provided for in paragraph 3 of this article as unreliable, the contract with such a participant is not concluded and he is recognized as evading the conclusion of the contract. In this case, the decision of the procurement commission is drawn up in a protocol, which is placed by the customer in a single information system no later than the working day following the day of signing the said protocol.

(see text in previous edition)

6. The security specified in parts 1 and this article shall be provided by the procurement participant with whom the contract is concluded before its conclusion. A procurement participant who has not fulfilled this requirement is recognized as having evaded the conclusion of the contract. In this case, the evasion of the procurement participant from concluding a contract is documented in a protocol that is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

7. When holding tenders for the purpose of concluding contracts for the implementation of research, development or technological works provision of consulting services, the customer has the right to establish in the tender documentation different values of the significance of the criteria for evaluating bids for the cases when a bidder submits an bid containing a proposal for the contract price, which:

1) up to twenty-five percent below the initial (maximum) contract price;

2) twenty-five percent or more below the initial (maximum) contract price.

8. In the cases provided for in clause 2 of part 7 of this article, the value of the significance of such a criterion as the contract price is set equal to ten percent of the sum of the significance values of all criteria for evaluating bids.

(see text in previous edition)

9. If the subject of the contract, for the conclusion of which a tender or auction is held, is the supply of goods necessary for normal life support (food, means for providing an ambulance, including a specialized ambulance, medical care in an emergency or urgent form, medicines, fuel), the procurement participant who offered the price of the contract, the amount of unit prices of goods twenty-five percent or more lower than the initial (maximum) price of the contract, the initial amount of unit prices of goods, along with the requirements provided for in this article , is obliged to provide the customer with a rationale for the proposed contract price, the sum of unit prices of goods, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (except if the number of goods supplied cannot be determined), documents confirming the availability of goods from the participant procurement, other documents and calculations confirming the ability of the procurement participant to supply the goods at the proposed price, the sum of the unit prices of the goods.

(see text in previous edition)

1) by the procurement participant who offered the price of the contract, the amount of unit prices of goods is twenty-five percent or more lower than the initial (maximum) price of the contract, the initial amount of unit prices of goods, as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, closed competition, closed competition with limited participation, closed two-stage competition. If such a participant fails to comply with this requirement or if the procurement commission recognizes the proposed contract prices, the sum of the unit prices of goods as unreasonable, the application of such a participant is rejected. The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the tender or consideration of a single application for participation in the tender;

(see text in previous edition)

2) by the procurement participant with whom the contract is concluded, when sending a signed draft contract to the customer during an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction. If such a participant fails to comply with this requirement, he is recognized as having evaded the conclusion of the contract. If the procurement commission recognizes the proposed contract price, the sum of unit prices of goods as unreasonable, the contract with such a participant is not concluded and the right to conclude a contract passes to the procurement participant who offered the same as the winner of this tender or auction, the contract price, the sum of unit prices of goods or whose contract price offer contains Better conditions at the price of the contract following the conditions proposed by the winner of this tender or auction. In these cases, the decision of the procurement commission is drawn up in a protocol, which is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

The Procurement Regulations of an Autonomous Institution contain rules on the application of anti-dumping measures to all procurement participants without exception. We are talking about cases in which, as a result of the purchase, the price of the contract is reduced in relation to the initial (maximum) by 25% or more (dumping price). One of the anti-dumping measures is the provision by the procurement participant, with whom the contract is concluded at a dumping price, of an increased amount of security for the performance of the contract.
Should this rule be applied to procurement participants - small and medium-sized businesses, given the restrictions established in paragraph 25 of the Regulations on the specifics of the participation of small and medium-sized businesses in procurement, approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352 (from January 1 2018, this provision also applies to this autonomous institution)?

After considering the issue, we came to the following conclusion:
The customer cannot establish a requirement for the amount of security for the performance of a contract concluded at a dumping price in an amount exceeding 5% of the initial (maximum) price of the contract or the amount of the advance payment if the contract provides for the payment of an advance payment, if such a purchase is carried out only among small and medium business.

Rationale for the conclusion:
First of all, we note that according to federal law dated 18.07.2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities"(hereinafter - Law N 223-FZ) the objectives of regulating these purchases are named, among other things, expanding the opportunities for the participation of legal and individuals in the procurement of goods, works, services for the needs of customers and the promotion of such participation; development of fair competition, ensuring publicity and transparency of procurement; prevention of corruption and other abuses. And among the principles that customers should be guided by when purchasing, the principles of equality, fairness, lack of discrimination and unreasonable restrictions on competition in relation to procurement participants are named, in particular (Law N 223-FZ).
By virtue of Law N 223-FZ, it is not allowed to present requirements to procurement participants, to purchased goods, works, services, as well as to the conditions for the execution of a contract, and to evaluate and compare applications for participation in procurement according to criteria and in a manner that are not specified in the documentation about the purchase. The relevant requirements should apply equally to all participants in the procurement, to the goods, works, services offered by them, to the conditions for the execution of the contract. In accordance with Law N 223-FZ, the procurement documentation must contain the information specified in the procurement regulations, including the requirements for procurement participants and the list of documents submitted by procurement participants to confirm their compliance established requirements.
Neither the Russian Federation, which customers are guided by (Law N 223-FZ), nor N 223-FZ itself contain a closed list of requirements that may be imposed on procurement participants, or a direct prohibition on the application of any requirement, and therefore the establishment by the customer of The regulation on the purchase of anti-dumping measures does not violate the requirements of N 223-FZ. The AC of the Central District dated 02.11.2016 N F10-3708 / 16 notes that the establishment of anti-dumping measures in the procurement regulation contributes to meeting the needs of the customer in goods with necessary indicators price, quality and reliability, and also contributes to the most efficient use Money when purchasing goods High Quality.
At the same time, as you rightly noted, in paragraph 25 of the Regulation approved by the Government of the Russian Federation of December 11, 2014 N 1352 "On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services by certain types of legal entities" (hereinafter - the Regulation) , there are restrictions on purchases made among small and medium-sized businesses: if the documentation for such a purchase establishes a requirement to secure the execution of a contract, the amount of such security: a) cannot exceed 5% of the initial (maximum) contract price (lot price), if the contract does not provide for the payment of an advance; b) is established in the amount of the advance payment, if the contract provides for the payment of an advance payment.
Accordingly, if the customer belongs to the category of persons to whom the Regulation applies (clause 2 of the Regulation), and at the same time anti-dumping measures the procurement provisions of this customer imply a certain amount of security for the performance of the contract, this amount cannot exceed 5% of the initial (maximum) price of the contract or the amount of the advance payment, if the contract provides for the payment of an advance payment, in cases where the contract is concluded in accordance with paragraphs. "b" clause 4 of the Regulations (based on the results of purchases made only among small and medium-sized businesses).

Prepared answer:
Legal Consulting Service Expert GARANT
Chashina Tatiana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Barseghyan Artem

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Hello dear colleague! In today's article, we 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 the artificial underestimation of prices during tenders and auctions. In 44-FZ, anti-dumping measures are regulated by Article 37, and when conducting purchases 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 The concept of dumping

Dumping(from the English dumping - reset) - the 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), and the work remains unfulfilled. In addition, dumping contributes to a general drop in the level of work (services provided) and the quality of the products supplied.

However, as practice has shown, not only fraudsters or one-day firms resort to dumping, but also quite 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-baked individual entrepreneurs without work experience, to participate in public procurement. Therefore, dumping for “newcomers” has been and most likely will be the only working tool in the competitive struggle for a long time to come. The previous 94-FZ did not provide for anti-dumping measures, so cases of a serious decline during trading were quite common. In negligent suppliers, the so-called "Battering Ram" scheme was a favorite.

Briefly recall the meaning of this scheme. As a rule, three organizations participated in the conspiracy. The first participant, who was supposed to win the auction, took the first step with a slight price reduction (0.5-1% of the NMTsK). Then two other participants entered the game, who as quickly as possible knocked down the NMTsK contract until the submission of price proposals by other participants would be meaningless. Then, when considering the second parts of the applications, the applications of these participants were rejected, because. they knowingly attached the wrong documents. And the winner was the participant who managed to make 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 little. And so, what anti-dumping measures appeared in 44-FZ?

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

That is, if the NMTsK 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 performance of the contract.

According to part 2 of article 37 of 44-FZ, if during a tender or auction NMTsK is 15 million rubles or less and the procurement participant with whom the contract is concluded, it is proposed contract price, which is 25% or more lower than the NMTsK , 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 the contract performance security specified in the tender or auction documentation, or information confirming good faith such participant on the date of filing the application, with the simultaneous provision by such participant of the contract performance security in the amount of the contract performance security specified in the procurement documentation.

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

- or one and a half times ensuring the performance of the contract;

- or documents confirming the good faith of such a participant + security for the performance of the contract, established in the documentation.

1.4 What purchases are subject to anti-dumping measures?

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

1.5 Confirmation of the good faith of the procurement participant

The procurement participant can confirm his good faith by providing information on executed contracts for a certain period of time before the date of filing an application for participation in the tender or auction:

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

And when conducting 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! Identification of the unreliability of the information provided in the case of "paper" tenders leads to the rejection of the application, and in the case of electronic procurement leads to the recognition of the participant as evaded from signing the contract.

1.6 What if your contract details are not in the registry?

If a contract with the Customer is concluded, but there is no information about the contract in the register, it is necessary first of all to 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 on the conclusion of the contract and its execution, the administrative responsibility of the Customer is provided.

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

1. If a competition is held for the performance of research, development or technological work, the Customer may establish various meanings criteria for evaluating applications with a reduction price 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, first aid supplies, medicines, fuel, etc.), in addition to the usual anti-dumping measures (one and a half times enforcement of the contract or confirmation of the good faith of the procurement participant), the participant must also justify the price reduction by providing the customer (part 9 of article 37 of 44-FZ):

a 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 (waybill, checks);
other documents and calculations confirming the ability of the procurement participant to deliver the goods at the proposed price

3. According to part 12 of article 37 of 44-FZ, anti-dumping measures are not applied if, when making purchases 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 offered the price of all purchased medicines, reduced by no more than 25% relative to their registered in accordance with the legislation on circulation medicines marginal selling price.

As you can see, with the advent of Federal Law 44, the requirements for procurement participants resorting to dumping have become tougher. 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 as to completely abandon it.

Secondly, those participants who, as before, have a sufficient level of qualification and experience, are unlikely to try to win an order only at the expense 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 purchases. That is, anti-dumping tools are only effective 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 the 223-FZ, carry out their purchases in accordance with the Constitution of the Russian Federation, Civil Code RF, 223-FZ, 135-FZ, other federal laws and regulatory legal acts of the Russian Federation, as well as approved and posted in the unified information system (EIS) Procurement Regulations.

According to Part 2 of Article 2 of 223-FZ, the Procurement Regulation is 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 execution of contracts, as well as other provisions related to procurement.

This means that each Customer independently develops its Procurement Regulations, which prescribes the methods of procurement, the procedure for their preparation and conduct, 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 have any questions, then ask them below in the comments to this article.

Anti-dumping measures are one of the special rules, which are provided for by 44-FZ, aimed at protecting customers and suppliers from unfair competition. Customers are obliged to apply anti-dumping measures to bidders if they have crossed a reasonable limit of price reduction at the auction. Consider when and how they are applied according to 44-FZ and 223-FZ.

What are anti-dumping measures

Anti-dumping measures are applied when making purchases that are carried out competitive ways. Their goal is to prevent dumping, i.e. artificial reduction of the final contract price by 25% or more. Such discounts are fraught with restriction of competition by unscrupulous participants and the risk for customers to receive a low-quality product or service.

There are cases when honest suppliers bring down the price even below cost, for example, for the sake of entering the market. Oh neither count on promising work. But, as practice shows, more often such schemes are aimed at eliminating competitors.

As a precautionary measure, the winning bidder either provides increased performance security or proof of good faith. In some cases, he will be required to justify the final cost.

Differences in 44-FZ and 223-FZ

If dumping was revealed during the auction, the winner must confirm good faith with documents, attaching them to the signed contract. Otherwise, it will fall into the register of unscrupulous suppliers.

If increased security is chosen, the participant is obliged to present it before concluding the contract.

Anti-dumping measures under 223-FZ are applied somewhat differently. The text of the law does not mention them. But part 2 of Art. 2 223-FZ gives the Regulations on Procurement the right to regulate all procurement activities of the customer, including preparatory stages. The customer has the right to introduce his own rules in the fight against dumping. They are either the same as in the law on contract system or are different.

How to apply

When anti-dumping measures 44-FZ are applied, the enforcement of the contract is increased by 1.5 times, compared to that specified in the documentation, if the NMTsK is above 15 million rubles.

Since 01/01/2019, the rules for applying anti-dumping measures have been clarified with an initial maximum contract price of up to 15 million rubles. Interpretation of Art. 37 44-FZ has ceased to be twofold. Since this year, anti-dumping measures have been applied in this way: it is either securing the performance of a contract in one and a half times, or ensuring its performance in a “standard” one-time amount, together with information about good faith.

It is impossible to provide “good faith” without money or a bank guarantee as a security for the execution of a government contract.

It is important to note that when purchasing scientific, design or technological works through a competition, the customer has the right to evaluate applications with a normal decrease (up to 25%) according to one criteria, and with dumping - according to others (parts 7 and 8 of article 37).

If food, fuel, items for emergency and emergency medical care are purchased, then the participant with the dumping offer is obliged to provide the customer with a price justification. For these purposes, use:

a letter of guarantee from the manufacturer of the product;
documentary evidence of the availability of goods;
other papers confirming the possibility of delivery.

On July 1, 2019, part 13 of Art. 37 44-FZ. It obliges the customer to prescribe in the state contract a condition on the prohibition of transferring an advance payment if such a contract is signed with a procurement participant who has offered a price 25 or more percent lower than the NMTsK. This reduces cases of artificial and unjustified price reductions by unscrupulous procurement participants who do not plan to fulfill their obligations in order to exclude such participants from receiving an advance.

Features of application in procurement for SMP and SONKO

If the procurement is carried out with restrictions for SMP and SONCO, the participant is exempted from providing security for the performance of the contract, taking into account anti-dumping measures, if, prior to the conclusion of the contract, it provides information from the register of contracts on the execution of at least 3 contracts (excluding legal succession) within 3 years before the date of filing the application . These contracts must be executed without the application of penalties to it, and the sum of their prices is not less than the NMTsK (the maximum value of the contract price). If this information is not available, then the participant will provide security for the performance of the contract, taking into account anti-dumping measures in the usual manner. But the security is calculated from the price of the contract, and not from the NMCC, and cannot be less than the advance. This is indicated in Part 6, 8.1 of Art. 96 44-FZ.

A responsibility

For lack of information about anti-dumping measures, they will be fined, under Part 4.2 of Art. 7.30 Administrative Code, for 3000 rubles. Executive will be punished for approving the tender documentation, the auction documentation, the request for proposals, for determining the content of the notice on the request for quotations in violation of the requirements stipulated by the legislation on the contract system.

When anti-dumping measures are not applied

Exceptions to the rule on the application of anti-dumping measures include several situations. Do not take such measures in the following cases:

at an electronic auction, which is held at the price of a unit of goods, work or services;
if they did not provide for the enforcement of the contract under Part 8 of Art. 96 44-FZ;
if you conclude an energy service contract;
if you purchase medicines from the Vital and Essential Drugs List and the price of all medicines is reduced by no more than 25 percent relative to their registered maximum selling price (part 12 of article 37 of 44-FZ).

Download the letter of the Ministry of Finance of October 13, 2017 No. 24-02-08/67122

Download the letter of the Ministry of Economic Development of January 13, 2017 No. D28i-289

Download the letter of the Ministry of Economic Development of August 17, 2016 No. D28i-287

Article 37. Anti-dumping measures during tenders and auctions

4. In the event of an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, the information provided for by Part 3 of this article shall be provided by the procurement participant as part of an application for participation in an open tender, a tender with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition. The Procurement Commission rejects such an application if this information is found to be unreliable. The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer), indicating the reasons for rejecting such an application, is brought to the attention of the procurement participant who sent the application no later than the business day following the day of signing the specified protocol. If the procurement participant in the case provided for by paragraph 2 of this article, as part of the application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, does not provide information confirming its good faith in accordance with paragraph 3 of this article, a contract with this participant is concluded after they provide a contract performance security in the amount of one and a half times the amount of the contract performance security specified in the procurement documentation.

5. In the event of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction, the information provided for in paragraph 3 of this article shall be provided by the procurement participant when sending the signed draft contract to the customer. If such a participant, recognized as the winner of a tender or auction, fails to comply with this requirement or if the commission for the procurement of information provided for in paragraph 3 of this article is recognized as unreliable, the contract with such participant is not concluded and he is recognized as evading the conclusion of the contract. In this case, the decision of the procurement commission is drawn up in a protocol, which is posted by the customer in a single information system no later than the business day following the day of signing the specified protocol.

6. The security specified in parts 1 and 2 of this article shall be provided by the procurement participant with whom the contract is concluded before its conclusion. A procurement participant who has not fulfilled this requirement is recognized as having evaded the conclusion of the contract. In this case, the evasion of the procurement participant from concluding a contract is documented in a protocol that is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

7. When holding tenders for the purpose of concluding contracts for the performance of research, development or technological work, the provision of consulting services, the customer has the right to establish in the tender documentation different values of the significance of the criteria for evaluating applications for cases when a tender participant submits an application containing a proposal for the contract price, which:

up to twenty-five percent below the initial (maximum) contract price;
twenty-five percent or more below the initial (maximum) contract price.

9. If the subject of the contract, for the conclusion of which a tender or auction is held, is the supply of goods necessary for normal life support (food, means for providing ambulance, including emergency specialized, medical care in an emergency or urgent form, medicines, fuel), the procurement participant who offered the price of the contract, the amount of unit prices of goods twenty-five percent or more lower than the initial (maximum) price of the contract, the initial amount of unit prices, along with the requirements provided for in this article, is obliged to provide the customer with a rationale for the proposed contract price, the amount of unit prices goods, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (except for the case when the number of goods supplied cannot be determined), documents confirming the availability of goods from the procurement participant, other documents and calculations confirming the participant’s ability to purchases to deliver the goods at the offered price, the sum of the prices of the goods units.

10. The justification specified in paragraph 9 of this article shall be provided:

by the procurement participant who offered the price of the contract, the sum of unit prices of goods is twenty-five percent or more lower than the initial (maximum) price of the contract, the initial sum of unit prices of goods, as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender , a closed competition with limited participation, a closed two-stage competition. If such a participant fails to comply with this requirement or if the procurement commission recognizes the proposed contract prices, the sum of the unit prices of goods as unreasonable, the application of such a participant is rejected. The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the tender or consideration of a single application for participation in the tender;
the procurement participant with whom the contract is concluded, when sending a signed draft contract to the customer during an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction. If such a participant fails to comply with this requirement, he is recognized as having evaded the conclusion of the contract. If the procurement commission recognizes the proposed contract price, the sum of unit prices of goods as unreasonable, the contract with such a participant is not concluded and the right to conclude a contract passes to the procurement participant who offered the same as the winner of this tender or auction, the contract price, the sum of unit prices of goods or whose contract price offer contains the best conditions for the contract price, following the conditions offered by the winner of this tender or auction. In these cases, the decision of the procurement commission is drawn up in a protocol, which is posted in a single information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

11. If the winner of a tender or auction is recognized as having evaded concluding a contract, the procurement participant with whom, in accordance with the provisions of this Federal Law, a contract is concluded, the requirements of this article shall apply in full.

12. The provisions of this article shall not apply if, when purchasing medicines that are included in the approved by the Government Russian Federation the list of vital and essential medicines, the procurement participant with whom the contract is concluded offered the price of all purchased medicines, reduced by no more than twenty-five percent of their maximum selling price registered in accordance with the legislation on the circulation of medicines.

13. Payment of an advance payment upon execution of a contract concluded with a procurement participant specified in parts 1 or 2 of this article is not allowed.

Dumped in the sphere public procurement means the price policy of the participant, which provides for a deliberate understatement of the proposed contract price by 25% or more. Of course, there are participants who are ready to work without profit or even at a loss in order to "light up" in the procurement market and prove themselves. However, in most cases, a significant price reduction leads to unpleasant consequences for the customer. What dumping can lead to So, intentional dumping can turn into unpleasant situations for the customer.

The refusal of the winner to conclude a contract that is unprofitable for him and, as a result, the need to conduct auctions again.
Unfair performance of the contract, the use of low-quality cheap materials in the performance of work / provision of services and, as a result, the need to terminate the contract unilaterally or in court.

Article 37. Anti-dumping measures during tenders and auctions

And the winner was the participant who managed to make a price offer with a minimum step. What anti-dumping measures are provided for in 44-FZ? With the advent of the 44-FZ, the situation has changed for the better, but, in my opinion, very slightly.

And so, what anti-dumping measures appeared in 44-FZ? According to Part 1 of Art. 37 44-FZ, if during a tender or auction the NMTsK is more than 15 million rubles and the procurement participant with whom the contract is concluded, the contract price is proposed, which is 25% or more lower than the NMTsK, the contract is concluded only after such a participant provides performance security contract in an amount exceeding 1.5 times the size of the contract performance security specified in the tender or auction documentation, but not less than the amount of the advance payment (if the contract provides for the payment of an advance payment). Those. if the NMCC is more than 15 million

How anti-dumping measures are applied in public procurement

Anti-dumping measures under 223-FZ 1. Anti-dumping measures under 44-FZ The concept of dumping Dumping is the 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), and the work remains unfulfilled. In addition, dumping contributes to a general drop in the level of work (services provided) and the quality of the products supplied.

Dumping scheme "Taran" It is quite difficult for young organizations, as well as newly created individual entrepreneurs without work experience, to participate in public procurement.

Anti-dumping measures under 44-FZ and 223-FZ

As a precautionary measure, the winning bidder either provides increased performance security or proof of good faith. In some cases, he may be required to justify the final cost.

Important

Differences in 44-FZ and 223-FZ Art. 37 44-FZ requires anti-dumping measures to be applied to tenders and auctions if, as a result of their conduct, the NMCC is reduced by 25% or more. During the competition, documents confirming good faith are attached to the application.

The commission of the customer checks them, and, in case of detection of inaccurate information, rejects the participant. If dumping was revealed during the auction, the winner must confirm his honest intentions with documents, attaching them to the signed contract.

Otherwise, it may get into the registry unscrupulous suppliers.

What you should know about anti-dumping measures in purchases under 44-FZ and 223-FZ

An information submission template can be downloaded here. When to provide information regarding anti-dumping measures Anti-dumping measures are provided for under electronic auctions and competitions.

Attention

In the first case, a set of documents proving good faith intentions must be provided when signing a draft contract. Otherwise, it will be considered unsigned, and the participant - evaded conclusion.

As for the competition, the participants offer a price in advance, therefore, documents confirming good faith must be provided as part of the application. Otherwise, it will be rejected. Exceptions to the rule The law provides for several cases where special anti-dumping measures are applied or they are not applied at all.

The latter is possible in the case of the purchase of vital drugs.

What is an anti-dumping measure? anti-dumping measures in the law 44 fz rf

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Anti-dumping measures

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Author: Nasedkina Daria September 12, 2017 Customers are required to apply anti-dumping measures to bidders. Consider when and how they are applied according to 44-FZ and 223-FZ. What are anti-dumping measures Anti-dumping measures are applied in the course of purchases that are carried out by competitive means. Their goal is to prevent dumping, i.e. artificial reduction of the final price of the contract by 25% or more. Such discounts are fraught with restriction of competition by unscrupulous participants, as well as the risk for customers to receive a low-quality product or service. Of course, there are cases when even honest suppliers can bring down the price even below the cost, for example, for the sake of entering the market. So they look forward to promising work. But, as practice shows, more often such schemes are aimed specifically at eliminating competitors.
The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the tender or consideration of a single application for participation in the tender; 2) by the procurement participant with whom the contract is concluded, when sending the signed draft contract to the customer during the auction. If such a participant fails to comply with this requirement, he is recognized as having evaded the conclusion of the contract.
If the procurement commission recognizes the proposed contract price as unreasonable, a contract with such a participant is not concluded and the right to conclude a contract passes to the auction participant who offered the same as the auction winner, whose contract price or contract price offer contains the best conditions for the contract price, following the conditions proposed by the winner of the auction.

Anti-dumping measures during procurement are applied during

Anti-dumping measures under 223-FZ Companies that are subject to 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 the unified information system (EIS) Procurement Regulations. According to part 2 of Art. 2 223-FZ Procurement Regulation is 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 procurement. This means that each customer independently develops its Procurement Regulations, which prescribes the methods of procurement, the procedure for their preparation and conduct, incl.
See text in a future edition. 9. If the subject of the contract, for the conclusion of which a tender or auction is held, is the supply of goods necessary for normal life support (food, means for providing ambulance, including emergency specialized, medical care in an emergency or urgent form, medicines, fuel), the procurement participant who offered the contract price, which is twenty-five percent or more lower than the initial (maximum) contract price, is obliged to provide the customer with a justification for the proposed contract price, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied, documents confirming the availability of goods from the procurement participant, other documents and calculations confirming the ability of the procurement participant to supply the goods at the proposed price. ConsultantPlus: note.

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