When can a joint bidder from among the SMEs not contribute to the contract security?
The Russian Ministry of Finance has clarified the conditions for exemption from contract enforcement for small businesses (SMEs) when conducting joint purchases under 44-FZ.
According to Part 8.1 of art. 96 44-FZ, the winner‑SMP or SONO is exempt from securing the performance of the contract and warranty obligations if he fulfilled three contracts without penalties three years before submitting the application. The amount of these three contracts must not be lower than the NMCC specified in the notice.
In case of joint purchases, in order to be exempt from collateral, the participant must confirm that the sum of the three executed contracts is not less than the sum of the initial (maximum) prices of all joint purchase contracts. In other words, it is not the price of a single customer's contract that is being compared, but the total volume of all contracts within the bidding process.
This explanation helps small businesses to assess their capabilities more accurately and reduces the financial burden.