By which contracts the participant will not be able to confirm good faith
The Ministry of Finance has published a letter explaining whether it is possible to confirm the integrity of contracts with a written-off penalty.
According to the agency, the cancellation of the penalty under the contract does not indicate that the contract was executed without violations and penalties. The present only confirms the fact that the contractor has no unpaid fines or penalties. It is possible to confirm good faith only with contracts for which no penalties (fines, penalties) have previously been accrued in connection with the violation of the fulfillment of obligations.
The Ministry of Finance points out that contracts with a written-off penalty cannot be used:
to calculate the NMCC using the market analysis method based on data from the register of contracts in the GIS EIS (Part 18 of Article 22 of Law No. 44-FZ);
confirmation of the integrity of the procurement participant in case of dumping (Part 3 of Article 37 of Law No. 44-FZ);
exemption of the participant, supplier from providing security under Article 96 of Law No. 44-FZ in the case of procurement among SMEs and SONKO (Part 8.1 of Article 96 of Law No. 44-FZ).
Earlier, the Ministry of Finance, in its letter dated 01/18/2023 No. 24-06-06/3195, expressed the opinion that a contract with a written-off penalty can be used to confirm additional requirements under Part 2.1 of Article 31 of Law No. 44-FZ.
Document: Letter of the Ministry of Finance dated 01/25/2024 No. 24-06-06/5682
Photo source: https://ru .freepik.com/popular-photos