The Ministry of Finance answered current questions in public procurement
The Agency explained what documents a construction procurement participant should use to confirm their experience, how to prove the country of origin of the software, if there is a ban on admission, as well as some other issues.
What documents should a participant of a construction purchase confirm their experience with additional requirements
Participants in such purchases must confirm their experience, among other things, with copies of certificates of work performed. Resolution No. 99 establishes requirements for the form of such acts in accordance with the legislation on accounting.
The Agency clarified that it is not necessary to submit acts in the forms of COP-2 and (or) COP-3. The accounting legislation allows you to develop the forms of documents yourself. The main thing is that they have mandatory banking details.
Another document that confirms the experience is a copy of the executed contract (agreement). The Agency recommends submitting a copy of the contract in full, with all appendices.
However, the FAS of Russia believes that nothing should be attached to the copy, in particular, design and estimate documentation is not required). The absence of applications in the application does not mean that the participant does not have the relevant experience.
How to confirm the SOFTWARE's country of origin if there is a ban
The Agency reminded that if the customer has established a ban on the admission of foreign software, it is not necessary to require the participant to submit a Declaration of the country of origin of the goods in the form of a separate document.
Participants only need to indicate in the application that the product is in the Russian or Eurasian SOFTWARE register.
What should the customer do if the OKPD2 code in the participant's request does not match the code in the KTRU position
Information about the OKPD2 code is taken into account in the ktru position code. It is included in the reference information and is not considered a description of the object of purchase under the Law N 44-FZ.
The Agency noted that if the OKPD2 code in the bidder's application differs from the OKPD2 code in the catalog item, this should not affect the customer's decision to allow or refuse the purchase. In addition, the Ministry of Finance indicated that Law N 44-FZ:
- does not oblige participants to specify the code in the application;
- does not contain the relevant grounds for rejecting the bidder's request.
How can a participant in a purchase from SMP and SONKO confirm their integrity
If the contract is concluded based on the results of purchases from SMP and SONKO, then the enforcement of the contract (including taking into account anti-dumping measures) may not be provided. In this case, you will need information confirming the participant's integrity: information about 3 successfully executed contracts that meet certain requirements.
The Agency noted: the procurement participant can also provide data on those contracts that are terminated by agreement of the parties due to a decrease in the customer's needs. However, they can specify their actual prices.
Documents:
Letter of the Ministry of Finance of Russia dated 13.03.2020 N 24-02-08 / 19381
Letter of the Ministry of Finance of the Russian Federation dated 10.06.2020 N 24-03-08/50149
Letter of the Ministry of Finance of the Russian Federation dated 11.06.2020 N 24-06-05/51015
Letter of the Ministry of Finance of the Russian Federation dated 29.04.2020 N 24-03-08/35075