Clarification regarding the three million limit when participating in auctions. Is it legal for customers to require an SRO certificate? Availability of SRO under 44 Federal Laws

Federal Law No. 372-FZ dated July 3, 2016 introduced amendments to the Town Planning Code, which came into force on July 1, 2017.

Firstly, subcontractors no longer need permission from a self-regulatory organization (SRO) to perform work that affects the safety of capital construction projects as of June 18. And the main contractors forgot about the need to have access to this kind of work only from July 1.

Secondly, unitary enterprises, state and municipal institutions, as well as organizations with state participation may not have access to perform the functions of a technical customer or enter into a contract for the implementation of engineering surveys or for preparation project documentation with organs:

executive power;
state power subjects of the Russian Federation;
local government;
state corporations that regulate in the relevant area.

At the same time, in the procurement of any design and survey work and engineering surveys, participants must still be members of the SRO.

Thirdly, candidates for execution of contracts for construction, reconstruction, and major repairs must also be members of an SRO. But there are exceptions. Not required to have permission:

unitary enterprises;
state and municipal institutions;
legal entity with state participation;
contractors who perform construction and installation work under contracts worth no more than 3 million rubles.

Fourthly, a member of the SRO who wants to participate in an auction or other competitive procurement must contribute money to a special compensation fund for securing contractual obligations. This fund acts as an additional insurance for customers against unscrupulous contractors.

Table: when permission is needed

We analyze an extract from the register of SRO members

As part of the second part of the application for participation in construction, reconstruction and major repairs, the contractor is required to attach an extract from the register of members. The current form was approved on February 16, 2017, and on July 1, new rules regarding admissions came into force. Analysis of the extract is important when electronic auction, since it allows you to avoid unjustified refusal, and, as a consequence, liability for this. We offer step-by-step algorithm checking this document.

1. Check the price that the participant offered.

For example, an auction costs 3.8 million rubles. During the auction, the NMCC was reduced to 2.9 million rubles. The participant who made such an offer does not have an extract from the register. should not, since the participant is not required to be a member of the SRO and, accordingly, does not have to submit such a document.

2. Check your discharge date. According to the norms, it must be issued no earlier than a month before the end date. For example, if it ends on July 27, and the extract was issued on June 15, the application should be rejected (part 4 of article 55.17 of the Civil Code of the Russian Federation, clause 1 of part 6 of article 69 No. 44-FZ).

3. Check whether the participant has been excluded from the SRO. This information is indicated in column 3.

4. Check whether the contractor can perform the work being purchased. This information is listed on line 4.

5. Make sure that the level of responsibility matches the price offered by the bidder. For example, the proposal of a participant with the first level of responsibility amounted to 70 million rubles, and the maximum amount of obligations for the first level is 60 million rubles. The application of such a participant must be rejected.

Levels of responsibility

The levels of responsibility of a participant who carries out construction, reconstruction, or major repairs of a capital construction project depend on his contribution to the compensation fund (Part 12, Article 55.16 of the Civil Code of the Russian Federation).

100,000 rub. and the cost under one contract should not exceed 60,000,000 rubles.
500,000 rub. and the price of one contract does not exceed 500,000,000 rubles.
RUB 1,500,000 with the cost of one contract being 3 billion rubles.
2,000,000 rub. with a price of one transaction of 10 billion rubles.
More than 10 billion rubles. for one contract - the contribution indicator is 5,000,000 rubles.

The requirement to have permission from the SRO to carry out work under 44-FZ: what does this mean in the case of a procurement for the right to carry out construction work? When is the customer entitled to establish such a requirement in the documentation? Let's consider the question in more detail.

What is an SRO and how to get permission

The activities of self-regulatory organizations are regulated by Law No. 315-FZ. All construction and design companies in the Russian Federation are required to join one of these organizations and obtain the appropriate certificate of professional permission to work. In this case, the supplier does not have to join an SRO in its own region - neither territorially nor in terms of validity period, the admission of an SRO is not limited by law, nor is the number of SROs that one company can join (to fulfill different types works).

However, if a builder receives a permit for similar types of work from another SRO, his previous permit may be canceled (Part 2 of Article 55.8 of the Civil Code of the Russian Federation directly states that a person can have only one certificate of approval of an SRO for work that has an impact on safety capital construction projects).

SRO and project documentation

The certificate of admission, which the participant received from the self-regulatory organization, is one of the requirements that the government customer sets for procurement participants, consistent with clause 1, part 1. As part of these requirements, the law establishes a list of documents that the participant will need to present to the customer to confirm its authority to carry out the work required in the case of a specific procurement.

Due to the fact that in this case we are talking about construction work, we should turn to the Town Planning Code of the Russian Federation, which regulates this area. In clause 14.2 of Art. 1 of the Civil Code of the Russian Federation provides a detailed definition of exactly what types of work can be considered major repairs of capital construction projects: we are talking about work that does not concern load-bearing structures (except for their individual elements), replacement and establishment of engineering systems, etc.

According to Part 2 of Art. 52 of the Civil Code of the Russian Federation, those types of work carried out as part of the overhaul of these facilities that directly affect their safety can only be performed by persons who have a certificate of admission to such work issued by the SRO. Accordingly, if the procurement participant does not have such a certificate, his submitted application may be rightfully rejected by the government customer.

On the other hand, if the direct performer of the work has a certificate of admission to the above-mentioned work issued by the SRO, he can carry it out independently, or involve subcontractors who also have such a certificate.

Requirements for SRO admission

As stated in Part 3.1 of Art. 52 of the Civil Code of the Russian Federation, in the event that the work performed at the capital construction site is included in the so-called List No. 624 (describing the types hazardous work), the construction organizer must have access to general contracting. In this case, the work performed must be correlated with one of the types mentioned in the list.

SRO and FAS

The legality of a direct requirement on the part of the state customer to have an SRO permit for construction work in the procurement documentation is ambiguous. Thus, the FAS position on this issue in precedents for several years remained quite clear: in a letter dated May 23, 2011. No. IA/19714 (which also relates to Law No. 94-FZ), the antimonopoly authority explained its position as follows, arguing that the customer’s requirement from the participant to have certificates of admission to specific types of “dangerous” capital construction work is unlawful, since it does not comply with Part. 3 tbsp. 52 Civil Code of the Russian Federation.

Now, regarding Law No. 44-FZ, this position has been preserved: the letter of the FAS dated November 2, 2015 No. ATs/60557/15 affirms a similar point of view. Meanwhile, there are arbitration rulings with diametrically opposite conclusions regarding the legality of establishing the requirement for an SRO certificate.

It can be formulated as follows: in the case when the customer establishes in the documentation a requirement specifically that the procurement participant have a certificate of SRO admission to general contracting, participants who do not have it, however, have the right and can fulfill specified works on their own, most likely, they will successfully appeal the customer’s actions.

Date: 22 .05.2017

In accordance with the Town Planning Code of the Russian Federation (hereinafter referred to as the RF Civil Code) individual species Work related to capital construction projects can only be performed by legal entities and individual entrepreneurs who have certificates of admission to these types of work issued by a self-regulatory organization (hereinafter referred to as SRO). Currently these works include:

Engineering survey work that affects the safety of capital construction projects 1. The list of these works is established by the Ministry of Regional Development of the Russian Federation and includes: hydrogeological studies, engineering and environmental survey of the territory, physical and mathematical modeling of the interaction of buildings and structures with the geological environment, etc. 2
Work on architectural and construction design that affects the safety of capital construction projects 3. The list of specific works is also established by the Ministry of Regional Development of the Russian Federation, it includes: preparation master plan land plot, preparation of projects for internal gas supply systems, preparation of projects for external networks low current systems etc. 2
Work on construction, reconstruction, major repairs of a capital construction facility, which affects the safety of these facilities 4. As in the two previous cases, such specific work is established by the Ministry of Regional Development of the Russian Federation - this is, for example, artificial freezing of soils, reinforcement work when installing concrete and reinforced concrete monolithic structures, laying water pipelines, laying the foundations of highways, etc. 2

The specified certificate is issued by the SRO to legal entities and individual entrepreneurs who are members of this SRO, subject to their confirmation of the relevant requirements without limiting the period and territory of its validity in the established form 5.

In accordance with 44-FZ, when making a purchase, the customer establishes uniform requirements to procurement participants, which includes compliance with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, providing services that are the object of procurement 6. Thus, if the object of the procurement is the implementation of the above work, which affects the safety of capital construction projects, then the procurement participant has the appropriate SRO certificate of admission to these types of work is a legitimate requirement of the customer. The Federal Antimonopoly Service adheres to the same opinion 7 .

Example

In mid-April 2017, the municipal enterprise of housing and communal services of Bilibinsky municipal district(Chukotka Autonomous Okrug) announced an electronic auction for the overhaul of a section of the main hot water supply network of the central heating station with the NMCC in the amount of 2.55 million rubles. 8 According to the auction documentation, one of the documents that was required to be provided from the procurement participant was a copy of the SRO certificate of admission of the auction participant to organize the work specified in clause 33.7 of part III of the Order of the Ministry of Regional Development of the Russian Federation dated December 30, 2009 No. 624 “On approval of the List of types works on engineering surveys, on the preparation of design documentation, on construction, reconstruction, major repairs of capital construction projects that affect the safety of capital construction projects" - work on organizing construction, reconstruction and overhaul a legal entity or an individual entrepreneur (general contractor) attracted by the developer or customer on the basis of a contract in relation to water supply and sewerage facilities.

However, from 07/01/2017, the system described above is expected to undergo changes, which are caused by the entry into force of most provisions Federal Law dated July 3, 2016 No. 372-FZ “On Amendments to the Town Planning Code Russian Federation and certain legislative acts of the Russian Federation." Let's look at them.

Firstly, the concept of “work that affects the safety of capital construction projects” is excluded from the Civil Code of the Russian Federation. Now criteria for work for which an SRO certificate of admission is required, there will be others.

In a relationship engineering surveys this is any work performed under agreements concluded with a developer, technical customer or a person who has received permission in accordance with the Land Code of the Russian Federation to use land or a land plot that is in state or municipal ownership; at the same time, work under contracts for the performance of engineering surveys concluded with other persons can be performed by individual entrepreneurs or legal entities that are not members of the SRO 9 .

In a relationship architectural and construction design is any work on the preparation of design documentation within the framework of contracts for the preparation of design documentation concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator; and, as in the previous case, work under contracts for the preparation of project documentation concluded with other persons can be carried out by individual entrepreneurs or legal entities that are not members of the SRO 10. Absolutely the same norm will now apply to construction, reconstruction, and major repairs of capital construction projects 11 .

Secondly, the following additional cases when membership in an SRO and a certificate of admission are not required:

In relation to all three categories of work (engineering surveys; architectural and construction planning; construction, reconstruction, major repairs of capital construction projects) - if the contractor is a state (municipal) unitary or state enterprise, a state (municipal) institution or a commercial organization that is controlled by the authorities state power or local government (created by one or another public legal entity or more than half directly or indirectly owned by this entity) 12.

It should be clarified that this condition applies to situations when such organizations enter into contracts with state authorities and local governments, and in relation to the third category of work (construction, reconstruction, major repairs of capital construction projects), this condition applies only to cases of concluding a construction contract contract In accordance with civil law, such an agreement is considered to be an agreement when the contractor undertakes, within the period established by the agreement, to build a certain object on the instructions of the customer or to perform other construction work, and the customer undertakes to create for the contractor the necessary conditions to carry out the work, accept the result and pay the agreed price, while such an agreement is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other object, as well as for the performance of installation, commissioning and other inextricably related to the construction object of work 13.

However, please note that in the new edition of the Civil Code of the Russian Federation, the person carrying out construction, reconstruction, major repairs of a capital construction project may be a developer or individual entrepreneur or entity who have entered into a construction contract 14. Therefore, according to the logic of urban planning legislation, the rules relating to a construction contract can also be applied to contracts under which not the construction of new buildings or structures is carried out, but major repairs of existing facilities. This approach is also supported by the fact that civil law establishes that the rules on construction contracts also apply to major repairs of buildings and structures, unless otherwise provided by the contract 15 .

With regard to concluding a construction contract - if the amount of obligations (that is, the price) of the contract does not exceed 3 million rubles 16.

Thirdly, the concept of “SRO certificate of admission to work” is generally excluded from the Civil Code of the Russian Federation, and Order of Rostechnadzor dated July 5, 2011 No. 356 “On approval of the form of a certificate of admission to a certain type or types of work that affect the safety of objects capital construction" will lose its force. When making purchases, a document confirming the membership of a legal entity or individual entrepreneur in the relevant SRO will be an extract from the register of members of the SRO of which the procurement participant is a member. A new form for such an extract has already been established and is in force 17, while the positions of this form that relate to a certificate of admission to a certain type or types of work that affect the safety of capital construction projects (clauses 8-10) will not be applied from 01.07 .2017.

Thus, customers under 44-FZ must, when making purchases, notices of which are posted in the Unified Information System from 01/01/2017, take into account these changes in urban planning legislation when preparing procurement documentation in terms of establishing requirements for these participants. For example, if the above example auction for the overhaul of a section of the main hot water supply network of a central heating station in Chukotka had been held in the second half of 2017 (that is, after the considered changes had come into force), then the customer would not have the right to demand participant in the purchase of membership in an SRO and providing the corresponding extract from the register of SRO members, since the NMCC does not exceed 3 million rubles. 16 But if the NMCC exceeded this threshold, then the requirement to provide an extract would be legal, since the customer (municipal housing and communal services enterprise) in this case is the person responsible for the operation of water supply systems 17. But since here the municipal enterprise acts as the customer, when drawing up the auction documentation it would be necessary to “release” from this obligation separate categories organizations established by the new edition of town planning legislation (state and municipal enterprises, state and municipal institutions, commercial organizations with state or municipal participation) 18.

1 Part 2 Art. 47, parts 1 and 4 art. 55.8 Civil Code of the Russian Federation.

2 Order of the Ministry of Regional Development of the Russian Federation dated December 30, 2009 No. 624 “On approval of the List of types of work for engineering surveys, preparation of design documentation, construction, reconstruction, major repairs of capital construction projects that affect the safety of capital construction projects”

3 Parts 4 Art. 48, parts 1 and 4 art. 55.8 Civil Code of the Russian Federation.

4 Parts 2 tbsp. 52, parts 1 and 4 art. 55.8 Civil Code of the Russian Federation

5 Parts 8 and 9 Art. 55.8 Civil Code of the Russian Federation, Order of Rostekhnadzor dated 07/05/2011 No. 356 “On approval of the form of a certificate of admission to a certain type or types of work that affect the safety of capital construction projects”

6 P. 1 part 1 tbsp. 31 of the Federal Law of 04/05/2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs.”

7 See, for example, Letter of the Federal Antimonopoly Service of Russia dated November 2, 2015 No. ATs/60557/15.

8 www.zakupki.gov.ru - purchase No. 0588600001517000019.

9 New edition Part 2 Art. 47 Civil Code of the Russian Federation, which comes into force on July 1, 2017.

10 New edition of Part 4 of Art. 48 Civil Code of the Russian Federation, which comes into force on July 1, 2017.

11 New edition of Part 2 of Art. 52 of the Civil Code of the Russian Federation, which comes into force on July 1, 2017.

12 For more details, see Part 2.1 of Art. 47, part 4.1 art. 48, part 2.2 art. 52 of the Civil Code of the Russian Federation, coming into force on July 1, 2017.

13 Parts 1-2 art. 740 Civil Code of the Russian Federation.

14 New edition of Part 3 of Art. 52 of the Civil Code of the Russian Federation, which comes into force on July 1, 2017.

15 Part 2 Art. 740 Civil Code of the Russian Federation.

The SRO requirements have changed since July 1, 2017. The self-regulatory organization still issues a document that allows you to legally work in the construction industry. But now, instead of a certificate, members of the organization receive an extract from the electronic state register. Other innovations have appeared in this area.

Changes in the conditions of SRO membership from July 1, 2017

Changes in the conditions of SRO membership occurred on July 1, 2017. It was from this day that Federal Law 372 came into force. This bill and its consequences were heatedly discussed by builders, customers, contractors, developers and builders.

How can builders work in new conditions? Does everyone need it now? What threatens those who work without permission? Have the membership fees changed?

Requirements for joining the SRO of builders

From July 1, 2017, the requirements for joining an SRO for builders have changed. These innovations are aimed at streamlining and organizing work in the construction field.

Regionalization of SRO

According to the amendments of July 1, 2017 to the Town Planning Code, builders must become members of the SRO at the place of registration of the organization. This means that members of construction SROs are required to register in the same subject of Russia (region, territory, republic) as the SRO itself. If an organization is registered in the Krasnodar Territory, then it must join the SRO of the Krasnodar Territory. This innovation concerns only builders and does not apply to designers and surveyors.

If there is no SRO in a constituent entity of Russia, the company applies to a self-regulatory organization of a neighboring entity with a common border to obtain admission. She provides an extract from the state register and becomes a member of the SRO of this region.

There are no SROs in the Jewish Autonomous Region and the Chukotka Autonomous Okrug, since each subject employs less than 100 construction companies who require SRO approval. Construction companies of Chukotka Autonomous Okrug can join the SRO of the Republic of Sakha and the Kamchatka Territory. Neighboring subjects of the Jewish Autonomous Region are the Amur Region, Khabarovsk and Primorsky Territories.

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Who needs an SRO permit?

Since the adoption of the law in 2017, the number of companies requiring clearance has decreased SRO, these are the new rules for joining an SRO.

SRO approval is needed for companies that:

conclude construction contracts for the construction, reconstruction and major repairs of capital construction projects with the developer, technical customer, the person responsible for the operation of the building and the regional operator;

conclude contracts worth more than 3 million rubles.

The execution of work under such contracts is ensured by specialists in the organization of construction - the chief engineers of the project.

Thanks to the new law, the concept of “technical customer” appeared. He must be a member of the SRO. His tasks:

concluding agreements on the performance of engineering surveys, preparation of design documentation, construction, reconstruction, overhaul of capital construction projects;

preparation of assignments for the implementation of these types of work;

provision of materials and documents necessary for the implementation of these types of work to those who carry out engineering surveys, construction, reconstruction, overhaul of capital construction projects and (or) prepare project documentation;

approval of design documentation;

signing documents that are required to obtain permission to put a capital construction project into operation;

performs other functions in accordance with the amendments to the SRO in the Town Planning Code of July 1, 2017.

The technical customer or developer can only be a legal entity, the contractor - a legal entity or individual entrepreneur.

A certificate of admission of an SRO to work that affects the safety of capital construction facilities is no longer required from July 1, 2017. To confirm the right to perform certain types of construction work, an extract from the electronic register of SRO members is required. Thus, the List of Types of Work has been cancelled.

SRO approval is not required:

organizations with state participation: state unitary enterprises and municipal unitary enterprises, in which the state share is at least 50%; State unitary enterprises and municipal unitary enterprises that sign contracts with state corporations, authorities and local government agencies;

firms created by public legal entities (PLE) and organizations in which the share of PLE is at least 50%;

organizations working or planning to work only on a subcontract through construction contracts, while insurance obligations should not exceed 3 million rubles;

individuals who build on plots that belong to them as private property;

contractors building or repairing an object that is not a permanent structure (for example, a kiosk);

entrepreneurs and individuals building, repairing or carrying out major overhauls of individual residential buildings.

Formation of the second compensation fund

From July 1, 2017, changes in the field of SRO affected compensation funds. For organizations that plan to participate in competitive procedures and enter into contracts with capital repair funds and in accordance with 44-FZ, 223-FZ, it is necessary to create a second compensation fund for ensuring contractual obligations (CF ODO). The purpose of this fund is to compensate for possible damage caused to third parties. Such funds need to be created by SROs, where at least 30 members have submitted applications to participate in procurement on a competitive basis.

The amounts of mandatory money transfers have changed. According to the new law, there are five levels of responsibility for enterprises and entrepreneurs, depending on the amount of the contract and the cost of the work. The contribution amounts per SRO member in the field of construction, reconstruction, and overhaul of capital construction projects are presented in this table.

National register of specialists

From July 1, 2017, another innovation in relation to SROs was the introduction of a national register of specialists in the field of construction, engineering surveys and design. Such a register is maintained by national SRO associations. According to the amendments to SROs in the Town Planning Code dated July 1, 2017, the minimum requirements for specialists are as follows:

higher specialized education in the construction industry;

At least 3 years of experience in engineering positions in companies engaged in construction, reconstruction, and overhaul of capital construction projects;

total experience in the profession or specialty in the construction field of at least 10 years;

certificate of advanced training and completion of such courses at least once every 5 years;

For foreign citizens work permit;

certificate of no criminal record;

registration of an employee in a construction organization at the main place of work.

After submitting documents and notifications from NOSTROY and NOPRIZ about the inclusion of specialists in the register, the SRO issues an extract from the unified electronic register.

SRO insurance

The SRO has the right to develop and approve internal documents on insurance of civil liability risk and the conditions of such insurance. Although this is not a mandatory requirement for membership in an SRO.

Purpose of insurance in SRO:

providing protection to construction companies;

reduction of material losses that arise as a result of damage due to poorly performed work.

Some SROs take out insurance to compensate for damage during construction. Damage may occur as a result of work that affects the safety of capital construction projects.

SROs can develop and approve documents on insurance of non-fulfillment of contractual obligations. An insured event occurs if members of the SRO violate the terms of the contract for engineering surveys, preparation of design documentation, construction contract, executed with the help of competitive ways conclusion of contracts.

According to the law, contributions to the compensation fund can be reduced if the company pays for insurance. For example, future members of construction SROs can pay a contribution to the compensation fund in the amount of 300 thousand rubles, and not 1 million rubles.

At first Insurance Company compensates for damage. If there are not enough funds, they are taken from the SRO compensation fund.

To become a member of an SRO it is not necessary to pay insurance, but it can protect construction companies who are already members of the SRO and those who plan to join it.

THE ASSOCIATION "INTERREGIONAL INTER-INDUSTRY ASSOCIATION OF EMPLOYERS "CONSTRUCTION FEDERATION" receives a large number of requests from Members, asking them to clarify the situation regarding the restrictions of 3 (Three) million when participating in auctions.

In accordance with the Legislation and the FAS Decision of August 8, 2017 on complaint N 012159, WE INFORM:

In accordance with part 2.1. Article 52 of the Town Planning Code of the Russian Federation an individual entrepreneur or legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, major repairs of capital construction projects, can perform work under construction contracts , concluded with the developer; technical customer; the person responsible for the operation of the building, structure; regional operator, if the amount of obligations under each of such agreements does not exceed 3 (three) million rubles.

Moreover, since the Town Planning Code of the Russian Federation has not established any restrictions, such agreements, with obligations not exceeding 3 (three) million rubles, with persons who are not members of self-regulatory organizations in the field of construction, can also be concluded using competitive methodsconclusion of contracts.

In this case, speaking about concluded contracts, with the amount of obligations not exceeding 3 (Three) million rubles, part 2.1. Article 52 of the Town Planning Code of the Russian Federation indicates not at the initial maximum contract price, which is set as the initial one when conducting trading procedures, a indicates the finalized price of the signed contract (agreement), which is achieved as a result of bidding.

Accordingly, a situation often arises when the initial maximum contract price sometimes quite significantly exceeds 3 million rubles, and as a result of trading procedures, the final contract price turns out to be lower or equal to 3 million rubles.

At the same time, when conducting bidding with an initial maximum contract price of more than 3 million rubles, as a mandatory document, the bidding organizer and the Customer require the provision of an extract from the register of a self-regulatory organization confirming the membership of such a person in the SRO.

And this often automatically leads to the exclusion from participation in tenders of those persons who are not members of self-regulatory organizations in the field of construction, however, these persons are ready to carry out the work that is the subject of these tenders for an amount not exceeding 3 million rubles with the conclusion of the appropriate work agreement (contract), with contract price not exceeding 3 million rubles.

Since the Town Planning Code of the Russian Federation directly states that persons who enter into agreements are exempt from membership in self-regulatory organizations construction contract, if the amount of obligations under each of such contracts does not exceed 3 (three) million rubles, then, accordingly, the initial maximum contract price of more than 3 million rubles cannot be a legal reason for preventing such persons from participating in trading, since the legislation deals specifically with contracts concluded based on the results of tenders, i.e. meaningthe final contract price formed as a result of bidding, which may not exceed 3 million rubles.

This position is confirmed by the Decision of the Federal Antimonopoly Service for the Perm Territory dated August 8, 2017 on complaint No. 012159, which clearly indicated that if an auction participant offers a contract price of no more than 3 million rubles, he does not have the obligation to be a member of a self-regulatory organization when performing work under the above contract conditions.(This Decision is Attached to this Clarification).

In other words, any member of the ASSOCIATION “INTERREGIONAL INTER-INDUSTRY ASSOCIATION OF EMPLOYERS “CONSTRUCTION FEDERATION” has the right to participate in the bidding, even if the initial price of the contract exceeds Three million rubles, if he submits to the Auction Commission his proposal indicating that he is ready to perform the work that is the subject of bidding for an amount not exceeding 3 (Three) million rubles.

It should be noted that, in accordance with the Town Planning Code of the Russian Federation, the wording is as follows: if the amount of obligations under each of such agreements does not exceed 3 (three) million rubles , and therefore, with an amount of obligations of exactly three million rubles, membership in self-regulatory organizations in the field of construction, reconstruction, major repairs of capital construction projects not required!

At the same time, a large number officials, in their activities and during various types of trading procedures, incorrectly interpret the Town Planning Code of the Russian Federation, arguing that the Town Planning Code of the Russian Federation states “less than 3 million rubles,” which is a direct violation of current legislation.

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