The Ministry of Finance spoke about the procedure for confirming the participants' compliance with the requirements set out in paragraph 1 of Part 1 of Article 31 of Federal Law No. 44
The letter prepared by the specialists of the Ministry of Finance of the Russian Federation notes that the documents confirming the participants' compliance with the requirements established in accordance with the legislation of the Russian Federation may not be provided for by law at all. According to paragraph 2 of Article 3 of the Federal Law No. 99 dated 04.05.2011 "On Licensing of certain types of activities", the license is confirmed by an entry in the register of licenses. Therefore, the application for participation in the procurement must contain relevant documents only if such documents are provided for by industry legislation.
According to paragraph 1 and paragraph 1 of Part 1 of Article 31 of Federal Law No. 44, one of the mandatory requirements for participants in competitive procurement, as well as procurement from a single counterparty in the cases provided for in paragraphs 4, 5, 18, 30, 42, 49, 54 and 59 part 1 of Article 93 of Federal Law No. 44, is compliance with requirements established in accordance with the legislation of the Russian Federation to persons engaged in the supply of goods, performance of work, provision of services that are the object of purchase. At the same time, the customer must specify an exhaustive list of documents confirming the participant's compliance with this requirement in the notice (paragraph 12, part 1, Article 42 of Federal Law No. 44) or in closed procurement - in the procurement documentation (sub-item "a" of paragraph 1, Part 1, Article 72 of Federal Law No. 44).
Document: Letter of the Ministry of Finance of the Russian Federation dated October 9, 2023 N 24-06-05/95692
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