How to confirm that the company belongs to small and medium-sized businesses. Guidelines for filling out a declaration of belonging to an SME for LLCs and sole proprietors Form of confirmation of belonging to small businesses

Periodically, various companies and organizations participate in auctions or tenders. The success of obtaining an order depends on many features, ranging from the scope of the company and ending with its scale. Along with this, there is a document - a declaration of belonging to small businesses, which, under equal conditions, increases the chances of winning the tender.

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The declaration is not the main document when assigning a company to an order, but the document plays an important role. This is explained by the fact that if an organization belongs to small businesses, then this fact automatically characterizes it to a higher level than similar companies without a declaration.

There are many subtleties and nuances of obtaining a declaration, therefore, first of all, it is recommended that you familiarize yourself with the general features of registration, and only then move on to the details. At the same time, compliance with the current criteria, which may change from time to time, is considered an important point.

Why is she needed

Since 2016, the Tax Service has been keeping a unified record of small and medium-sized businesses. Along with this, it is necessary to declare belonging to a particular type of activity separately. This is due to the fact that when sending an application, an entrepreneur is obliged to indicate that his business belongs to a certain type, which is expressed in attaching to the documents a declaration of belonging to small businesses (provided that the business actually belongs to “small”, “medium” or “ microenterprise).

The declaration contains information that confirms that the entrepreneur belongs to a certain type of activity. It is this document that allows you to submit applications for tenders and bidding.

Statistics show that at least 15% of the total annual volume of purchases is based on the document under discussion. This means that small businesses successfully participate in government tenders on a par with large industry companies.

Federal Law No. 44 and No. 223 on the parameters of procurement, as well as their provisions, say that, on the basis of the declaration, procurement is carried out in the following ways:

  • competitions (with a different number of stages, as well as with a restriction on participation);
  • auctions, including electronic format;
  • quote requests;
  • bargaining.

When conducting a tender, the total number of participants is always announced, as well as how many of them have a declaration. If necessary, and most often - always, the document must be presented.

Main participants and forms

The indicators by which an enterprise can be classified as a small or medium-sized business change periodically. In 2020, the criteria are as follows:

If an enterprise fits into one of the categories, then it is eligible to participate in the auction. It is important that the state is constantly changing the criteria that businessmen must meet.

Regardless of the changing indicators, the state is trying to support small and medium-sized businesses by providing various benefits, developing special programs and providing subsidies.

Central aspects

In practice, it is necessary not only to meet certain criteria, but also to fill out the declaration correctly. This applies to both approved points and comments, as well as additional applications, important aspects.

The SMP declaration of the procurement participant contains the following items:

  1. Bidder.
  2. Confirmation that the participant belongs to a certain type of activity (based on Article 4 of the Federal Law “On the Development of Entrepreneurship”).
  3. Legal address of the company.
  4. TIN/KPP.
  5. OGRN.
  6. The fact of entering data into the register of entrepreneurial activity.
  7. Compliance with the criteria.

The last paragraph provides a list of parameters that the organization must comply with:

  • the share of state participation in the development of the enterprise - no more than 25%;
  • the share of participation in the business of foreign persons - no more than 49%;
  • participation share of a third-party LLC in the authorized capital of the participant - no more than 49%;
  • the ratio of the participant's shares, which are listed on the securities market, to the high-tech segment - yes / no;
  • participation in the development of nano-technologies and other innovative developments - yes / no;
  • participation in the Skolkovo project — yes/no;
  • the organizers of the enterprise are participants in the state program for the development of science (FZ No. 127) - yes / no;
  • availability of information about the participant as an unscrupulous supplier or manufacturer;
  • the presence or absence of a criminal record among the organizers of the enterprise;
  • the fact of fulfillment of previous orders and purchases - details of the transaction are indicated;
  • experience in the sale or production of products related to innovative technologies.

Compliance criteria, as well as the number of items in the declaration, change periodically, so when applying, you should check the current data.

Filling order

A legal entity indicates the full legal address along with payment details and information about the enterprise. Additionally, the actual address of the company is indicated if it differs from the legal address.

An individual entrepreneur indicates information related to the individual entrepreneur, including passport data, as well as the place of sale or production of products, if available.

The application is submitted in PDF format with the signatures of the organizers, as well as in files that require editing - DOC or XLS.

A special table is provided for the criteria, in which short answers “Yes” and “No” are entered, as well as clarifications, if justified.

Existing applications

There are no appendices to the declaration as such. The organizers have the right to request additional documents. They should be submitted only on the basis of existing need and requirements.

In the case of self-supplementing the declaration with any documentation, there is a risk that the papers will not be taken into account at all.

Lack of declaration is a serious misconduct, which can serve as a refusal to participate in the auction.

Important Points

The most important points for completing the declaration and participating in the auction include the following points:

Compliance with the requirements You need to read the criteria carefully. In the absence of a match on one or more points, the risk of not being admitted to bidding or refusal to accept the application is likely. If the deviation is insignificant and does not relate to numerical indicators (the share of third-party capital injections), then the participant may be allowed to participate in the tender under certain conditions. However, this is more an exception than the rule, so you should not hope for such a development of events.
Correct filling Errors and inaccuracies are not allowed. This is especially true for indicating the address of the enterprise in various papers. Even with an error of 1-2 letters or a symbol, the system may simply not accept documents due to a discrepancy between the information. Information is provided in several versions of electronic documents, which should also not be forgotten. "PDF" provides for scanned finished papers with seals and signatures, and "Documentary Document" or "Excel" - spreadsheets and other information.
Prohibition on indication of false data Disclosure of such information immediately leads to disqualification, followed by blacklisting. This also applies to the convictions of the organizers and the previous activities of entrepreneurs. Information is carefully checked, and if fraud is discovered, small and medium-sized businesses are deprived of almost all state guarantees.
Strict adherence to the instructions of the auction organizers As a rule, all information is posted on the website of the tender organizer, represented by the state. The Public Procurement website provides comprehensive information about all the intricacies of filing an application, including the deadlines and the required list of documents.

Failure to comply with any item negatively affects the further development of the company, which in the first place is deprived of the opportunity to participate in the tender.

illustrative example

A sample declaration looks like this:

“Declaration on the affiliation of the bidder to small businesses in accordance with the provisions of Federal Law No. 44

Hereby LLC "Corvette" TIN / KPP 888349348153/092435832, PSRN 111543995609, Volgograd, st. Kachintsev, 23

represented by General Director Sidorov Sergey Vladimirovich

declares belonging to small businesses on the following grounds:

  1. The total volume of state aid, infusion of foreign capital, charitable organizations and religious institutions - 44%.
  2. The number of working personnel for the past period is 87 people.
  3. Income for the past year - 623 million rubles.

The declaration is submitted for participation in the tender for electronic trading No. 383-848-18

Supervisor

This is an approximate sample, on the basis of which a declaration can be made. If the legal and actual addresses differ, this must be indicated in the document.

The nuances of reading information

What the organizers of the auction pay attention to in the declaration is an important issue for all participants.

This primarily concerns the following information:

Timeliness of application submission Each auction has certain deadlines during which it is necessary to submit applications and, accordingly, SMP declarations. Sooner or later, this will not work, because everything happens in electronic format. At the same time, knowing the specific deadline, you should calculate the time for paperwork, collecting information and editing files.
Application form Do not invent something "from yourself" or add information that is not required. The best option is to fill out all the papers based on the necessary criteria. No more, no less. It may not be worse from additional information, but it will not bring any benefit either. In fact, it takes time from the participant, which could be spent on a more thorough preparation of the main package of documentation.
Data relevance It is logical that all data is carefully rechecked, so you should not change the name of the organization, for example, after the start of participation in the auction. Otherwise, it turns out that the application was submitted on behalf of one participant, and subsequently this organization no longer exists. In fact, it is impossible to reorganize an LLC or an individual entrepreneur into a legal entity. To do this, you need to register two different companies or close one and open another. At the time of filing an application for participation in the tender, it is better to refuse this.
Data veracity This is punishable by both exclusion from trading and the possibility of administrative or criminal prosecution. In particular, it all depends on how much the data does not correspond to reality and for what purpose it was changed. If it is for illegally winning bidding or hiding a "dark" past, then the results will be canceled, and the Federal Tax Service will take over the enterprise.

The simplest thing is to follow the existing instructions for registering a tenderer and the subsequent features of providing information about the company.

Possible problems

DECLARATION
on the compliance of small and medium-sized businesses with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"
(sample to fill out)


№
p/n

Condition name

Unit rev.

Data
(numerical values ​​\u200b\u200bare indicated with one decimal place)

The total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable
and other funds in the authorized (share) capital (share fund)

The share held by one
or several legal entities,
non-small and medium-sized businesses

Average number of employees
for the previous calendar year (for _______ year) or other period (for the period _______)

Revenue from the sale of goods (works, services)
excluding VAT for the previous calendar year
(for ______ year) or other period (for ______ period)

1. TIN/KPP ____________________________________________________________________________
2. OGRN / OGRNIP ____________________________________________________________________________
3. Location (legal address) __________________________________________________
4. Actual address _________________________________________________________________
5. The main type of economic activity in accordance with the All-Russian classifier of types of economic activity, indicated in an extract from the Unified State Register of Legal Entities or an extract from the Unified State Register of Individual Entrepreneurs __________________________________________________________________________________________
6. Contact person _________________________________________________________________
7. Contact phone, fax _______________________________________________________________

LLC SB "Aspect" does not guarantee full compliance of the materials with legal norms at the time of their viewing by the user. The materials are presented for informational purposes only.

Information about organizations and individual entrepreneurs that correspond to their classification as small or medium-sized enterprises are subject to inclusion in the Unified Register of Small and Medium-Sized Businesses. We talked in more detail about maintaining such a register and the information reflected in it in a separate one. And what is meant by a certificate of belonging to small and medium-sized businesses (SMEs) or an SME statement?

SMP extract

Information about small and medium enterprises, which is contained in the register, is posted and updated on the 10th day of each month on the official website of the Federal Tax Service in a special section. The posted information is publicly available for 5 calendar years following the year in which such information was posted on the site (Part 9, Article 4.1 of Federal Law No. 209-FZ dated July 24, 2007).

Confirmation of the belonging of an organization or individual entrepreneur to small and medium-sized businesses is carried out by an interested person when he applies to the register (Letter of the Federal Tax Service dated 08.08.2017 No. GD-4-14 / [email protected]). To do this, it will be enough to indicate on the site one of the details of the organization or individual entrepreneur: TIN, PSRN, PSRNIP, name of the organization, full name. IP.

Information generated on the website of the Federal Tax Service from the register can be exported to Excel or saved in PDF format. Such pdf information is signed with an enhanced qualified electronic signature and has legal force in accordance with paragraphs 1 and 3 of Art. 6 of the Federal Law of April 6, 2011 No. 63-FZ.

Issuance by tax inspectorates of similar information in paper form with the original signature and seal is not provided.

Certificate of a small business entity: sample

But if an organization or individual entrepreneur participates in the procurement of goods, works, services by certain types of organizations in accordance with the norms of the Federal Law of July 18, 2011 No. 223-FZ, then to confirm the status of a small or medium-sized enterprise, it will be enough to either fill out and submit a declaration, or provide on paper or in the form of an electronic document of the SMP extract from the website of the Federal Tax Service (Regulation, approved by Government Decree No. 1352 of December 11, 2014).

The public procurement system under 44-FZ provides for preferential terms for small businesses - more auctions and competitions are held for them. But the status must be documented. This task is solved by the SMP declaration. In it, the procurement participant indicates information with which he can be identified as a small business entity. We tell you what such a declaration looks like, how to fill it out correctly and offer to download a sample filling out.

What is the Declaration of belonging to small businesses in accordance with 44-FZ

Federal Law 44-FZ on public procurement requires government customers to conclude at least 15% of all annual contracts with small businesses (Article 30). This is one of the measures to support individual entrepreneurs and small businesses. The main characteristics of a small business are:

  • number of employees up to 100 people;
  • annual revenue up to 800 million rubles per year.

Suppose a government agency announced an auction and indicated that only SMEs (small businesses) can participate in it. How will the bidders confirm to the customer that they belong to small and medium-sized businesses? This task will be solved by a declaration of belonging to small businesses. This document is provided in a set of tender documentation and is drawn up according to a unified model (we will consider it in the next section).

If the procurement information indicates that it is intended for small businesses, it is better for the participant in the procedure to immediately prepare a declaration and submit it on their own initiative (sometimes customers forget to request a document). This will help speed up the conclusion of the contract and prevent many problems with meeting deadlines.

The SMP declaration confirms that the organization belongs to small businesses and has the right to participate in public auctions under 44-FZ

Blank document

The SMP declaration should be filled out in a unified form approved by Decree of the Government of the Russian Federation of October 20, 2015 No. 1169. This normative act is regularly amended, and the declaration form changes slightly. Before filling out a document for your supplier, check that you are using the current version.

Sometimes customers request a declaration "in an arbitrary form": a certificate that the company belongs to small businesses. It is recommended even in this case to use a unified form - it is filled out just as simply, but provides a full range of information on compliance with the SMP.

The small business affiliation declaration form is a 4-page document where the bidder first enters their details and then confirms compliance with legal criteria. It ends with the signature of the head of the organization (indicating his position) and the seal.

Where can I get a declaration of belonging to the NSR:

request from the customer - the organizer of the auction;

  • download from the website of the tax service;
  • download from trusted resources on the Internet (for example, use the legal aggregator "Consultant Plus");
  • download from our material.

How to fill out the SMP Declaration correctly

Consider how the form is filled out in stages. This is a very simple document, most of which is only a yes or no choice. Work with the document begins with the fact that the author of the declaration indicates his data:

  • full name of the organization;
  • confirmation that refers to small or medium-sized businesses;
  • address;
  • TIN and KPP;
  • OGRN.

In the information on the procurement on the state portal, a note is made if the auction is intended for small businesses

  • the share of participation of state and municipal institutions in the authorized capital - no more than 25% (the exact value must be indicated);
  • the share of participation of foreign legal entities in the authorized capital - no more than 49% (the exact value is also indicated);
  • whether JSC shares belong to the high-tech and innovative sector of the economy - only “yes” or “no”;
  • whether it is planned to introduce the results of intellectual activity into practice;
  • have the status of a participant in the Skolkovo project;
  • whether the founders are legal entities from the list of recipients of state support for innovation activities;
  • average number of employees for the previous calendar year - indicate the exact value;
  • income for the last year - indicate the exact value in millions of rubles;
  • information about the obtained licenses - specify the details (if any);
  • information about goods and services indicating OKVED and OKPD2;
  • information about technological and innovative products - indicate whether it is produced or not;
  • whether he participates in approved partnership programs with SMP - if yes, then write a partner;
  • executed state and municipal contracts for the past year - indicate the number of transactions and their total amount;
  • confirmation that the company's management and the chief accountant have not been convicted of economic crimes;
  • confirmation that the organization is not listed in the register of unscrupulous suppliers.

The document ends with the signature of the director of the organization or an authorized person indicating the position.

Preparing a declaration of belonging to the NSR will take no more than 10 minutes, but it will protect the organization from refusing to conclude a state contract.

Download Sample

The declaration of belonging to the NSR is a fairly simple document, which rarely causes difficulties when filling out. However, in order to fill out the form correctly, it is useful to study the finished sample of filling out:

Conclusion

The small business affiliation declaration helps companies participate in more public procurement. This document is filled out in a unified form. Includes information confirming that the organization belongs to the SME - the number of employees, annual income, the share of participation of state and foreign companies in the authorized capital.

Greetings, dear colleague! In today's short article we will talk about declaration of conformity of the procurement participant with the requirements of 44-FZ . Since my support service often receives letters with similar questions, I decided to write this article and answer all the questions at once. ( Note: this article was updated on April 26, 2019).

1. What is a declaration?

I propose to start by defining the meaning of the word “declaration”.

The meaning of the word "declaration" according to the Financial Dictionary:

Declaration — statement, announcement, document proclaiming some provisions (principles) or containing certain information.

2. Two "kinds" of declarations

The Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” requires procurement participants to provide two "kinds" of declarations :

First view: Declaration of conformity of the procurement participant with the requirements established in accordance with clauses 3-9, 11 of part 1 of article 31 of 44-FZ (This requirement is established in p.p. "G" p. 1 h. 2 art. 51; p. 3 h. 6 art. 54.4; p. 7 h. 3 art. 73; p.p. "a" p. 4 h. 9 Art. 82.3; Clause 3, Part 9, Art. 83.1; p. 2 h. 5 art. 66 );

Second view: Declaration of belonging of the procurement participant to small businesses or socially oriented non-profit organizations (This requirement is established in p.p. "and" p. 1 h. 2 art. 51; p. 7 h. 6 art. 54.4; p. 7 h. 5 art. 66;p. 5 h. 3 art. 73; p.p. "b" p. 4 h. 9 Art. 82.3; p.8 h. 9 art. 83.1 ).

2.1 Declaration of conformity


And so, we have determined that, according to the requirements of 44-FZ, there are two “types” of declarations. Let's start from the first "Declarations of Conformity..." .

In this declaration, the procurement participant must confirm to the customer its compliance with the requirements established by paragraphs 3-9, 11 of part 1 of Article 31 of the 44-FZ, namely:

- non-liquidation of the procurement participant - a legal entity and the absence of a decision of the arbitration court on the recognition of the procurement participant - a legal entity or an individual entrepreneur as insolvent (bankrupt) and on the opening of bankruptcy proceedings (clause 3, part 1, article 31);

- non-suspension of the activities of the procurement participant in the manner prescribed by the Code of the Russian Federation on Administrative Offenses, on the date of filing an application for participation in the procurement (clause 4, part 1, article 31);

- the procurement participant has no arrears in taxes, fees, debts on other mandatory payments to the budgets of the budget system of the Russian Federation (with the exception of amounts for which a deferment, installment plan, investment tax credit is granted in accordance with the legislation of the Russian Federation on taxes and fees, which are restructured in accordance with the legislation of the Russian Federation, for which there is a court decision that has entered into force on recognizing the applicant's obligation to pay these amounts as fulfilled or which are recognized as uncollectible in accordance with the legislation of the Russian Federation on taxes and fees) for the past calendar year, the amount of which exceeds twenty-five percent of the book value of the procurement participant's assets, according to the financial statements for the last reporting period. The procurement participant is considered to comply with the established requirement if, in accordance with the established procedure, he has filed an application to appeal against the specified arrears, debts and a decision on such an application has not been made as of the date of consideration of the application for participation in determining the supplier (contractor, performer) (paragraph 5 of part 1 article 31);

- the procurement participant - an individual or the head, members of the collegiate executive body, the person acting as the sole executive body, or the chief accountant of the legal entity - participant in the procurement of a conviction for crimes in the field of economics and (or) crimes provided for in Articles 289, 290 , 291, 291.1 of the Criminal Code of the Russian Federation (with the exception of persons whose convictions have been canceled or expunged), as well as the non-application of punishment against these individuals in the form of deprivation of the right to occupy certain positions or engage in certain activities that are associated with the supply of goods, the performance work, provision of services that are the object of the ongoing procurement, and an administrative penalty in the form of disqualification (clause 7, part 1, article 31);

- procurement participant - a legal entity that, within two years prior to the filing of an application for participation in the procurement, was not held administratively liable for an administrative offense provided for in Article 19.28 of the Code of Administrative Offenses of the Russian Federation (clause 7.1, part 1, article 31 );

- the possession by the procurement participant of exclusive rights to the results of intellectual activity, if in connection with the execution of the contract the customer acquires the rights to such results, with the exception of cases of concluding contracts for the creation of works of literature or art, performance, for financing the rental or showing of a national film (clause 8 of part 1, article 31);

- the absence of a conflict of interest between the procurement participant and the customer, which means cases in which the head of the customer, a member of the procurement commission, the head of the contract service of the customer, the contract manager are married to individuals who are beneficiaries, the sole executive body of a business company (director , general director, manager, president and others), members of the collegial executive body of a business entity, the head (director, general director) of an institution or unitary enterprise or other management bodies of legal entities participating in the procurement, with individuals, including those registered as individual entrepreneur, - participants in the procurement or are close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters), adoptive parents or adoptees of these individuals . For the purposes of this article, beneficiaries are understood to be individuals who own directly or indirectly (through a legal entity or through several legal entities) more than ten percent of the voting shares of a business entity or a stake exceeding ten percent in the authorized capital of a business entity (clause 9, part 1 article 31).

- the procurement participant has no restrictions on participation in procurement established by the legislation of the Russian Federation (clause 11, part 1, article 31)

Templates of declarations of compliance of the procurement participant with clauses 3-5, 7, 9, 11 of part 1 and part 1.1 of article 31 of the Federal Law of 05.04.2013 No. 44-FZ can be downloaded from this link.

Note: In these templates, a clause was added on the compliance of the procurement participant with the requirements of Part 1.1 of Article 31 of 44-FZ, namely: the requirement that the information provided for by this Federal Law be absent from the procurement participant, including information about the founders, members of the collegial executive body, the person performing functions of the sole executive body of the procurement participant - a legal entity.

At the moment, almost all customers indicate this requirement in the documentation for ongoing purchases. Therefore, it will not be a mistake to declare the compliance of the procurement participant with this requirement together with compliance with the requirements of paragraphs 3-9, 11 of part 1 of Article 31 within one document. If necessary, you can always make two separate documents from these templates.

2.2 Declaration of ownership

With the "Declaration of Conformity ..." we figured it out, now let's look at declaration of ownership procurement participant to small businesses or socially oriented non-profit organizations.

You can learn more about small businesses.

You can download the template of the declaration of compliance of the participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation” at this link.

To declare that a procurement participant belongs to socially oriented non-profit organizations, it will be sufficient to prepare a free-form document on the letterhead of the organization, indicating that the participant is a socially oriented non-profit organization.

According to the Letter of the Ministry of Economic Development of Russia N 7158-EE/D28i, FAS Russia N ATs/13590/14 of 04/04/2014, the need to submit other documents confirming the status of such a participant as a small business entity, a socially oriented non-profit organization, 44-FZ is not provided.

If the participant did not include the relevant information in the application, the customer has the right to refuse this person, in particular, in admission to participation in the procurement. In the event that the customer refused admission to the participant whose application contained such a declaration, a fine of up to 30,000 rubles may be collected from the officials of the customer. (parts 2, 6, article 7.30 of the Code of Administrative Offenses of the Russian Federation).

If you still have questions about declarations of conformity or ownership within the framework of 44-FZ then ask them below in the comments to this article.

That's all. I wish you good luck and new victories!


 

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