What is the size of the software contract if the advance payment exceeds 30% of the MSPC and apply anti-dumping measures

According to experts, if the advance payment exceeds 30% of the MSPC, and the proposed application of the participant the purchase price reduced by 25% or more relative to the MSPC, in the case where the MSPC less than 50 million rubles, the amount of the security for performance of the contract shall not be less than the size of the advance, and in the case where the MSPC more than 50 million rubles, the enforcement of the contract is provided in polutorakratnogo the size of the advance. Conclusion representatives of the Ministry of economic development of Russia is based on section 6 of article 96 and article 37 of the Law N 44-FZ.

Recall that in accordance with part 6 of article 96 of the Law N 44-FZ size to ensure fulfillment of contract should be set in advance, if the advance payment exceeds 30% of the MSPC. It does not matter the size of the MSPC, namely, it exceeds 50 million rubles, or not. For the same norms in the case that proposed in the application purchase price reduced by 25% or more relative to the MSPC, a procurement participant with which a contract provides security for the performance of the contract subject to the provisions of article 37 of the Law N 44-FZ.

In turn, article 37 of the Law N 44-FZ established the following anti-dumping measures by competition or auction:

- providing performance of the contract in excess of 1.5 times the amount of security of contract execution specified in the documentation about auction, if the MSPC is more than 15 million rubles (paragraph 1 of article 37 of the Law N 44-FZ);

- providing performance of the contract in excess of 1.5 times the amount of security of contract execution specified in the documentation about auction or the provision of information confirming the integrity of the procurement participant in accordance with part 3 of article 37 of the Law N 44-FZ, if the MSPC is 15 million rubles and less (part 2 of article 37 of the Law N 44-FZ).

Thus, anti-dumping measures depend on whether the MSPC exceeds 15 million rubles and 50 million rubles, as indicated by representatives of the Ministry of economic development.

Document: Letter from the Ministry of economic development of Russia from 19.08.2016 N Д28и-2170