The decision to confirm the good faith of the supplier. Integrity and business reputation of the procurement participant

When preparing the next purchase, an important part of the work of any state customer is the justification of the NMCC. Specialists study offers on the market and set the average value in the tender notice. Bidders lower it, competing for the right to conclude a contract. However, if the supplier offers a price of less than 75% of the original one, this raises suspicion: can a quality product be so cheaper than the market average? In order not to be subject to anti-dumping measures and still sign the contract, such a supplier needs to confirm his good faith.

To do this, it is not enough just to be absent from the RNP list. You must provide:

Standard bank security plus confirmation of the supplier's good faith in the form of an extract from the register of contracts. This is a list on the EIS website, in which customers under 44-FZ enter the data of companies that have fully fulfilled their obligations, which means they are trustworthy.
If there are no completed contracts, it is necessary to transfer the security in one and a half times to the customer's account.
If the NMTsK transaction is more than 15 million rubles, the security must exceed one and a half times the amount.
In 2018, if the object of the purchase is GWS necessary for normal life support (fuel, food, medicines), in addition to one of the above items, the participant must provide evidence of the actual availability of such goods at the specified price (for example, letter of guarantee from the manufacturer).

Requirements for the number of executed contracts

The proof of the positive business reputation of the company is the transactions entered by state customers in the register of contracts in the status “Execution completed / terminated”. There should be several of them:

more than 3 for Last year or 3 years if all contracts are executed without penalty;
more than 4 in the last 2 years, if 75% are completed without penalties.

The object of procurement for these transactions is not important, however, very small contracts are not taken into account: at least one of them must be at least 20% of the price offered by the participant in the tender, for which it is required to confirm good faith.

When to File Supplier Integrity Documents

In 2018, a letter of integrity must be provided to the customer:

As part of an application for participation in offline procedures in the format of competitions: closed, open, two-stage, with limited participation. If the commission finds incorrect information, it simply rejects the application.
Together with a signed contract for online competitions and auctions. In this case, the discovery of unreliable information threatens the winner with evasion and getting into the RNP list.

There is no approved form for such a document. It can be compiled in free form if it contains the information described in the article. In order not to miss anything, use our sample.

fig.1 Sample confirmation letter

information about good faith specific organization can be found on the Synapse website in the Counterparty Check section. On the page of each legal entity, you will find a mark on whether it is listed in the RNP (or was listed in it before).

The Department for the Development of the Contract System of the Ministry of Economic Development of Russia considered the appeal.

In accordance with part 3 of Article 37 federal law dated April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as Law N 44-FZ), information confirming the good faith of a procurement participant includes information contained in the register of contracts concluded by customers and confirming the performance by such a participant within :

one year prior to the date of filing an application for participation in a tender or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such a participant);

two years before the date of filing an application for participation in a tender or auction of four or more contracts (at the same time, at least seventy-five percent of the contracts must be executed without the application of penalties (fines, penalties) to such a participant);

three years before the date of filing an application for participation in a tender or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such a participant).

Thus, the procurement participant, at its discretion, provides information on executed contracts according to any of the three options provided for by Part 3 of Article 37 of Law N 44-FZ.

At the same time, according to Part 2 of Article 37 of Law N 44-FZ, if during the auction the initial (maximum) price of the contract 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 the initial (maximum) price of the contract, the contract is concluded only after such a participant provides a security for the performance of the contract in the amount specified in part 1 of article 37 of Law N 44-FZ, or information confirming the good faith of such a participant as of the date of filing the application in accordance with part 3 of article 37 Law N 44-FZ.

At the same time, we draw your attention to the fact that the clarifications of the state authority have legal force, if this body is endowed in accordance with the law Russian Federation special competence to issue clarifications on the application of the provisions of regulatory legal acts. In accordance with the Regulations on the Ministry of Economic Development of Russia, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437, the Ministry of Economic Development of Russia is not empowered to clarify the legislation of the Russian Federation.

Department Director
development of the contract system

M.V. Chemerisov

Document overview

In accordance with Law N 44-FZ, the procurement participant must confirm his good faith. To do this, he provides information from the register of contracts, confirming the execution by such a participant during the year before the date of filing an application for participation in the auction of three or more contracts executed without applying sanctions to the participant; within two years before the date of application - four or more contracts (at the same time, at least 75% of the contracts must be executed without sanctions); within three years prior to application - three or more contracts executed without application of sanctions.

The procurement participant, at its discretion, provides information on executed contracts for any of the three indicated options.

In addition, if during the auction NMTsK is 15 million rubles. and less and the procurement participant offered a price that is 25 percent or more lower than the NMTsK, the contract is concluded only after such participant provides security for the performance of the contract.

The concept of dumping

Dumping (from English dumping- reset) - in economic theory sale of goods at artificially low prices.

Dumping prices are significantly lower than market prices, are not economically justified, and sometimes even lower than the cost of goods or services.

Dumping in public procurement aims to include the supplier in the procurement market for public needs and oust competitors, and is expressed in the conclusion of a contract by the supplier with the customer by significantly lowering the price when participating in the auction.

The problem of dumping spread in the course of open auctions in electronic form within the framework of the law No. 94-FZ. Any suppliers from all regions of Russia could participate in the auction and submit proposals for below-market prices. There were cases when participants reduced the NMC to zero, and then bidding was held to increase the price.

The negative effects of dumping

Failure to fulfill obligations on concluded contacts. Often, after an unjustified reduction in the NMC and the conclusion of a contract, suppliers realized that they could not deliver goods, provide services or perform work at the proposed price.
Supply of goods, performance of work, provision of services inadequate quality. First of all, this concerned bidding for the supply of food products: the winners of the bidding supplied low-quality or expired goods in order to meet the price they offered.
Termination of the contract in court.
Time spent on repeated procurement procedures.

The reform of legislation in the field of state and municipal procurement was intended, among other things, to solve the problem of dumping. In this regard, the 44-FZ introduced a rule providing for anti-dumping measures during the competition and auction. The norm is enshrined in Article 37 of the Law on the contract system. The use of anti-dumping measures when making purchases by other means is a violation of Law No. 44-FZ, and suppliers have the right to appeal against such actions of the customer.

Options for applying anti-dumping measures in public procurement

1. If the NMC of the contract is 15 million rubles or less, and the procurement participant has offered a price lower by 25% or more, then he is obliged to provide:

Information confirming the good faith of the participant

2. If the NMC of the contract is more than 15 million rubles, and the procurement participant offered a price lower by 25% or more, then he is obliged to provide only

Enforcement of the contract, 1.5 times the amount specified in the documentation

Information confirming the good faith of the procurement participant

It is often difficult for procurement participants to provide security in an amount exceeding 1.5 times specified in the documentation, because it can be quite large sums. Therefore, the legislator provided for the possibility of confirming the good faith of the participant. Information confirming the good faith of the procurement participant includes information contained in the register of contracts concluded by customers , and confirming the fulfillment by such a participant of obligations under contracts:

within one year prior to the date of submission of the application for participation in the competition or auction three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such a participant;
if the supplier did not participate in state and municipal procurement within one year before the date of filing an application for participation in the tender or auction, then he can provide information confirming the fulfillment of his obligations four or more contracts during two years (at the same time, at least seventy-five percent of the contracts must be executed without the application of penalties (fines, penalties) to such a participant;
or within three years before the date of filing an application for participation in a tender or auction of three or more contracts (in this case, all contracts must be executed without the application of penalties (fines, penalties) to such a participant.

Attention!

In these cases the price of one of the contractsmust be at least twenty percent of the price for which the procurement participant is invited to conclude a contract. For example, if the price of the contract is 100 million rubles, then the procurement participant must provide information on the execution of contracts for the previous period, the price of one of which was at least 20 million rubles.

However, if the NMC is more than 15 million rubles, and the procurement participant offered prices lower by 25% or more, then he no longer has an alternative in the form of an opportunity documentary evidence of his good faith, but is obliged to provide increased security for the performance of the contract, one and a half times the amount specified in the documentation.

The procedure for providing information confirming the good faith of the procurement participant

Attention!

The Procurement Commission rejects the application if this information is recognized unreliable . The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer), indicating the reasons for rejecting the application, and is brought to the attention of the procurement participant who sent the application no later than the working day following the day of signing the specified protocol.

If a participant in the bid no information provided confirming his good faith, a contract with him is concluded after he provides a security for the performance of the contract in an amount one and a half times higher than the amount of the security for the performance of the contract specified in the tender documentation, but not less than in the amount of the advance payment (if the contract provides for the payment of an advance payment).

Competition

In case of participation in the competition, the information is provided by the participant as part of the application for participation in the competition. In practice, this means that the supplier, having familiarized himself with the tender documentation and calculating that he can offer a price lower than the initial one, for example, by 30%, as part of the tender, provides documents confirming his good faith, in accordance with the gradation established in Art. 37 of the Law on the contract system. The customer, having received such an application, checks the accuracy of information about the good faith of the participant in the register of contracts by the number of the register entry: the fact of the existence of such a contract; compliance of the price with the specified size; the absence of forfeits, fines, penalties associated with improper performance of obligations under this contract.

Auction

Attention!

If such a participant, recognized as the winner of the auction, fails to comply with this requirement or if the procurement commission recognizes the information provided as unreliable, a contract with such a participant is not concluded, and he recognized.

In this case, the decision of the procurement commission is documented in a protocol, which is placed in a single information system and is brought to the attention of all auction participants no later than the working day following the day of signing the said protocol.

With participation in auction the participant provides information confirming his good faith when sending the signed draft contract to the customer.

Enforcement of the contract 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 avoiding a 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.

Case Studies

1. Inclusion in the RNP of information about the participant who took second place is legal

Example 1

The winner avoided concluding a contract and the customer offered to conclude it to the auction participant, whose application was assigned the second number, with which the participant agreed. However, the contract price he offered was 25% lower than the initial (maximum) contract price. Therefore, anti-dumping measures should be applied to this participant: the provision of increased security for the performance of the contract or information confirming good faith.

The Arbitration Court upheld the decision of the antimonopoly authority. If the participant, whose application was assigned the second number, agreed to conclude a contract, he is considered the winner. In the event that the requirements of Art. 37 of the Law are not fulfilled, such a winner is recognized avoiding a contract.

Solution Arbitration Court Khanty-Mansiysk autonomous region- Yugra dated 04/02/2015 in case N A75-2002 / 2015

Example 2

These requirements were not fulfilled by the participant. On this basis, the antimonopoly authority included information about him in the register of unscrupulous suppliers (RNP).

(Decision of the Arbitration Court of the Khanty-Mansiysk Autonomous Okrug - Yugra dated 04/02/2015 in case N A75-2002 / 2015)

2. The good faith of the participant is confirmed not only by information from the register of contracts

Example 3

The winner of the auction, who reduced the price of the contract by more than 25%, at the conclusion of the contract, provided the customer with information from the register of contracts confirming good faith. The customer, considering that the participant did not properly confirm his good faith, refused to conclude a contract and sent information about the winner to the antimonopoly authority. This information was included in the register of unscrupulous suppliers.

The courts of first and appeal instances recognized the decision of the antimonopoly body as invalid.

As it was established by the courts, the winner, in order to confirm his good faith, presented, among other things, acts of work performed under several contracts. However, according to the antimonopoly authority, in relation to the winner of the auction in the register of contracts, the number of entries with the status "execution completed" does not meet the requirements of Art. 37 of Law 44-FZ.

This argument was not accepted, since the discrepancy between the registry data and the information provided by the winner on the number of executed contracts may have arisen due to incomplete or untimely entry of information into the registry by customers.

(Decision of the Seventeenth Arbitration Court of Appeal dated March 13, 2015 N 17AP-980/2015-AK in case N A60-39881/2014).

Law No. 44-FZ provides for the right of the supplier, when participating in the auction, to provide information confirming good faith, or to enforce the contract using dispute protocols (in order to increase the time for signing the contract and providing information). It must be remembered that in accordance with part 13 of Art. 70 of Law No. 44-FZ, if the winner electronic auction does not send the signed draft contract or protocol of disagreements to the customer after thirteen days from the date of placement in the EIS of the protocol of summing up the results of the auction, then he is recognized as having evaded the conclusion of the contract.

Features of the application of anti-dumping measures

1. Law 44-FZ provides for the application of a special procedure for anti-dumping measures when conducting special purchases. For example, such purchases include holding tenders for the implementation of research, development or technological works and for the provision of advisory services.

In such purchases, the customer has the right to establish in the tender documentation different values of the significance of the criteria for evaluating bids for cases when a tender participant submits an application containing a proposal for a contract price that is up to 25% lower than the NMC contract.

If the contract price offer for these purchases is 25% or more lower than the NMTs of the contract, the value of the significance of such a criterion as the contract price is set equal to 10% of the sum of the significance values of all criteria for evaluating bids, which is carried out in accordance with the Rules, approved Decree Government of the Russian Federation dated November 28, 2013 N 1085 for the specified types of work (services) are established, ranging from 20 to 80%.

2. If the subject of the contract for the conclusion of which a competition or auction is held is the supply of goods, necessary for normal life support(food, funds for the provision of an ambulance, including specialized ambulance, medical care in an emergency or urgent form, medicines, fuel), a procurement participant who offered a contract price that is twenty-five percent or more lower than the initial (maximum) contract price, is obliged to provide the customer with a rationale for the proposed contract price . It may include:

a letter of guarantee from the manufacturer indicating the price and quantity of the supplied goods,

documents confirming the availability of goods from the procurement participant (agreement, consignment note, etc.),

other documents and calculations confirming the ability of the procurement participant to supply the goods at the proposed price.

With participation in competition the participant provides a justification as part of the application for participation in the competition.

If the procurement commission, when evaluating the application, recognizes that this document should be, but not provided, then the commission has the right to reject such an application. Such a decision of the commission is recorded in the minutes of consideration and evaluation of applications for participation in the competition or consideration of a single application for participation in the competition.

If carried out auction, then a letter of guarantee or documents confirming the availability of goods are submitted by the participant to the customer when sending a signed draft contract.

If the participant does not comply with this requirement, does not send Required documents, he is recognized as having evaded the conclusion of the contract.

A draft amendment to 44-FZ has been submitted to the State Duma for consideration, proposing to exclude from the law the provisions on anti-dumping measures that are applied in the supply of goods necessary for normal life support.

New in anti-dumping measures

In June 2014 in Art. 37 of Law 44-FZ, part 12 was included, which provides for the possibility non-application anti-dumping measures subject to two conditions:

procurement of medicines 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 medicinal products, reduced by no more than 25% relative to their maximum selling price registered in accordance with the legislation on circulation of medicinal products.

Answers on questions

Is it necessary to state in the auction documentation that if the supplier reduces the price of food by more than 25%, then he must provide a justification for such a price?

Answer: The supplier has such an obligation by virtue of 44-FZ, and if the customer did not indicate the corresponding requirement in the documentation, he still has the right to demand the justification and calculation of such a price, as well as the necessary documents, or to reject the application for failure to provide them. However, in order to avoid disputes, it is better to provide in the documentation the condition and cases for providing justification.

Information confirming the good faith of the procurement participant isinformation about transactions made by a participant in procurement tenders earlier. The main points regarding the confirmation of the reliability of the person involved in the procurement will be considered in our article.

Information confirming the good faith of the procurement participant, in accordance with Law No. 44-FZ

Law No. 44-FZ of April 5, 2013 “On the Contract System” introduced a new (compared to the previous version of the legislative act) rule, which includes a number of anti-dumping measures for those participating in tender and auction procedures. Dumping is a feigned reduction in the price of goods and services compared to the market price. Accordingly, anti-dumping measures are measures aimed at combating such a decline.

In the understanding of Law No. 44-FZ, dumping can be considered a price reduction of 25% or more from the initial contract rate. At the same time, the following are defined as anti-dumping methods:

With an initial contract value of more than 15,000,000 rubles. — provision of interim measures in the amount of 1.5 times greater than the provisional parameter determined by the auction or tender documentation (but not less than the amount of the advance payment, if any).
With an initial contract value of 15,000,000 rubles. and less:
- security in one and a half times the amount of security determined by tender documents,
- or the presence of information confirming the good faith of the procurement participant (44-FZ, part 3, article 37).

No other form of anti-dumping procedures is envisaged by Law No. 44-FZ and may be appealed against by participants in a tender or auction.

Thus, the transfer of data on the reliability of a procurement participant for consideration is an anti-dumping procedure used in the situation specified in the law and carried out in a normatively defined form. The concept of information that can be used to confirm good faith business reputation procurement participant, defined in Part 3 of Art. 37 of Law No. 44-FZ. According to its provisions, it is data from the register list of contracts concluded by the customer.

Register of contracts

The concept of the register of contracts is established by Art. 103 of Law No. 44-FZ, the procedure for its formation is the Decree of the Government of the Russian Federation “On the procedure for maintaining the register ...” dated November 28, 2013 No. 1084. The same decree approved the rules for filling out the register.

According to these documents, the mentioned list of contracts is a consolidated database consisting of information about all transactions concluded in accordance with the rules of Law No. 44-FZ, excluding those made with one supplier under paragraphs. 4, 5, 23, 42, 44 and 45, as well as clause 46 (in relation to contracts concluded with individuals) and clause 52, part 1, art. 93 of this law, and transactions containing state secrets. The latter type of contracts is formed into a separate, closed to free access, registry.

The register of contracts should be available for free review to everyone. It is located on the portal www.zakupki.gov.ru in the section "Information on contracts and agreements".

The information that makes up the register list of contracts, among others, includes:

customer data;
information about the method of procurement (auction, competition, etc.);
information about the completion of the contract.

What refers to information confirming the reliability of the procurement participant?

The data that can confirm the good faith of the participant in the competitive procurement are listed in Part 3 of Art. 37 of Law No. 44-FZ and represent information from the register list of contracts on the fulfillment by the tender participant of its obligations under previously concluded transactions in one of the following options:

In the amount of 3 or more contracts completed within a year prior to the date of submission of the bid under consideration. At the same time, under all contracts, the participant should not be charged with penalties or penalties.
Consisting of 4 or more trades executed within 24 months prior to the date of submission of tender documents under consideration. In this case, 75% of the contracts must be completed without applying penalties or similar sanctions to the participant.
The set includes 3 or more contracts executed within 36 months prior to the consideration of the specified tender application. At the same time, under all contracts, no penalties or penalties should be applied to the participant.

In all these cases, the value of each of the contracts must be at least 20% of the price offered by the contestant for the conclusion of the contract in question.

The procedure for preparing information on the business reputation of a procurement participant

In order to confirm good faith, acting as a participant in competitive procurement, it is necessary to perform a number of sequential actions:

Find information about contracts concluded by the customer in the register of contracts. To do this, go to the address indicated above and select the line “Completed” in the status of the contract, then enter your TIN in the appropriate column at the bottom of the page and generate a list of contracts completed by the time of the request for the specified participant.
From the list, select contracts that meet the requirements of Part 3 of Art. 37 of Law No. 44-FZ regarding the method of confirming the business reputation of a procurement participant, according to one of the options proposed by the legislator.
Generate documentation for the competitive package. Defining in detail the content of data confirming the trustworthiness of a tender participant, Law No. 44-FZ does not specify the form in which this information can be submitted for consideration.

Documents that confirm the good faith of the procurement participant (example of registration, sample filling in the table)

The best way to confirm the integrity of the procurement participant is to create a text file that will contain the required data:

Links to contracts selected in accordance with the statutory requirement, indicating for each of them:
- purchase number according to the register;
- customer data;
- registration data of the contract (number and date);
- contract value;
- execution date.
A link to a page with information about the penalties imposed on the participant during the execution of the contract, which can be found in the contract card (for each of the selected transactions) on the "Information on the execution (termination) of the contract" tab. At the same time, it is also necessary to take screenshots of pages with information about the absence or presence of penalties or forfeits against the contestant for past transactions.

A sample format for the information to be included in the file might look like this:

Purchase register number	Customer name	No. and date of the contract	Contract amount, rub.	Period of execution
	Administration of MO "Yushkino"	2153236346236 from 07/21/2017	RUB 500,000.00		http://zakupki.gov.ru/pgz/
	Administration of MO "Yushkino"	5623452345666 from 08/17/2017	RUB 245,000.00		http://zakupki.gov.ru/pgz/
	Administration of MO "Yushkino"	6321341236263 dated 12/11/2017	RUB 113,000.00		http://zakupki.gov.ru/pgz/

As you can see, the information confirming the good faith of the procurement participant is available for review. However, their configuration and design should be given attention in order to avoid rejection of the application for the competition.

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 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.

(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 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:

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 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.

(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 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.