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How anti-dumping measures are applied in government procurement. You can log in using one of the social networks. What are anti-dumping measures

According to the previously valid law on the placement of government orders (Law No. 94-FZ dated July 21, 2005), the main criterion for selecting suppliers and performers was the price they offered. Contracts were concluded with merchants whose bids included the lowest price. In practice, this resulted in low quality of supplied products, failure to meet stated deadlines, and other troubles for the customer. Anti-dumping measures under 44-FZ, the law of 04/05/2013, which came into force in January 2014, are designed to prevent similar situations, preventing artificial lowering of prices by auction participants.

Barriers to dumping

Dumping is the sale of goods (works, services) at an artificially low price. The state had to tighten the procedure for holding competitions and auctions, since unscrupulous businessmen and resourceful scammers quickly learned to deceive it. Offering the most low price, and winning the competition according to formal criteria, they often retained it due to the inadequate quality of the product or service. Sometimes estimates were revised during the work process, when, having already completed part of it, the contractor began to convince the customer that the initial prices needed to be increased. Sometimes, having received an advance, the fraudulent supplier disappeared along with the government money.

Therefore, anti-dumping measures are applied under 44-FZ justifiably and not by chance. Their main goal is to prevent suppliers and performers from winning competitions by unfairly (artificially) reducing the price of the goods and services offered. It is achieved in two ways (Article 37 of Law No. 44-FZ):

if the initial/maximum price of the contract based on the results of the competition (auction) is no more than 15,000,000 rubles, the parties enter into a contract:

or after the supplier/executor/contractor (procurement participant) provides security increased by one and a half times - compared to the amount specified in tender documentation, but not less than the amount of the advance, if its payment by the customer is provided for;

or after the participant provides information that indicates his good faith;

if the initial/maximum price of the contract exceeds 15,000,000 rubles, before concluding the contract, the participant must provide one and a half security (but not less than the advance amount) without fail.

The criteria for the participant's good faith are defined in clause 3 of Art. 37 of the said law. In particular, within a year or within three years before filing the current application, he must conscientiously execute at least 3 contracts (without fines or penalties). Or within two years - at least 4 contracts, of which at least 75% were executed without complaints. Information is checked against a special Register. In this case, at least one of the previously concluded contracts must be at least 20% of the price of the planned contract.

Application of anti-dumping measures under 44-FZ

So, anti-dumping measures help to “cut off” businessmen from competitions and auctions, for whom the main thing is to conclude a contract, and not to fulfill it. However, they apply only in certain cases.

Additional deterrent measures are required if the procurement participant significantly reduces the initial or maximum contract price - by no less than 25%. But there are several exceptions to this rule.

It should be noted that the above restrictions that prevent artificially low prices apply only to competitions and auctions where government agencies act on the customer’s side. Anti-dumping measures under 44-FZ do not cover requests for quotations and proposals.

A special procedure has been developed for government procurement of medicines vital to the population. Their list is approved by the Government of the Russian Federation. It also sets the maximum permissible price for such medicines. If bidders reduce the price by less than 25% relative to this value, anti-dumping protective measures are not applied to them.

If suppliers of goods required for the uninterrupted life support of citizens (food, fuel, etc.) reduce the price by more than 25% during a competition, they need to document it. For example, provide letter of guarantee from their manufacturer or waybill (clauses 9, 10, Article 37 of Law No. 44-FZ).

Anti-dumping measures under 44-FZ: calculation example

According to paragraph 6 of Art. 96 of Law No. 44-FZ, contract security can vary from 5 to 30 percent of its initial or maximum price.

For example, if the price was 10,000,000 rubles, and the security amount was 2,000,000, then the supplier, having reduced the price by more than 25%, would have to increase the security deposit by one and a half times, and first deposit 3,000,000 rubles.

But, if, under the terms of the contract, the supplier is entitled to an advance in the amount of, for example, 5,000,000 rubles (50% of the contract price), the amount of security will increase to this amount, since with an advance exceeding 30% of the contract amount, the amount of security is set exactly in the amount advance

Under dumping in the sphere public procurement is understood pricing policy participant, providing for the deliberate underestimation of the proposed contract price by 25% or more. Of course, there are participants who are ready to work without profit or even at a loss in order to “shine up” on the procurement market and prove themselves. However, in most cases, a significant price reduction leads to unpleasant consequences for the customer. What dumping can lead to So, deliberate dumping can result in unpleasant situations for the customer.

The winner’s refusal to enter into a contract that is unfavorable for him and, as a consequence, the need to conduct the auction again.
Unfair execution of the contract, the use of low-quality cheap materials when performing work/providing services and, as a result, the need to terminate the contract unilaterally or in court.

Article 37. anti-dumping measures during competitions and auctions

And the winner was the participant who managed to make a price offer with a minimum step. What anti-dumping measures are provided for in 44-FZ? With the advent of Federal Law 44, the situation changed for the better, but, in my opinion, very slightly.

So, what anti-dumping measures appeared in 44-FZ? According to Part 1 of Art. 37 44-FZ, if during a tender or auction the NMCC is more than 15 million rubles and the procurement participant with whom the contract is concluded offers a contract price that is 25% or more lower than the NMCC, the contract is concluded only after such participant provides performance security contract in an amount exceeding 1.5 times the amount of contract security specified in the documentation for the tender or auction, but not less than the amount of the advance (if the contract provides for the payment of an advance). Those. if the NMCC is more than 15 million.

How anti-dumping measures are applied in government procurement

Anti-dumping measures under 223-FZ 1. Anti-dumping measures under 44-FZ The concept of dumping Dumping (from the English dumping - dumping) is the sale of goods (work, services) at artificially low prices. It's no secret that contracts with artificially low prices are mostly fraudulent.
The dumping procurement participant receives an advance payment (if any), but the work remains unfulfilled. In addition, dumping contributes to a general decline in the level of work (services provided) and the quality of supplied products.

However, as practice has shown, dumping is resorted to not only by scammers or fly-by-night companies, but also by completely decent organizations. And the reason for such actions is obvious - the lack of proper experience and qualifications for healthy competition.

“Taran” dumping scheme It is quite difficult for young organizations, as well as newly established individual entrepreneurs without work experience, to participate in government procurement.

Anti-dumping measures under 44-FZ and 223-FZ

As a precautionary measure, the successful bidder will either provide enhanced contract security or proof of good faith. In some cases, he may be required to justify the final cost.

Important

Differences in 44-FZ and 223-FZ Art. 37 44-FZ requires anti-dumping measures to be applied to competitions and auctions if, as a result of them, the NMCC is reduced by 25% or more. When holding a competition, documents confirming good faith are attached to the application.

The customer commission checks them and, if false information is found, rejects the participant. If dumping occurs during the auction, the winner must confirm his honest intentions with documents, attaching them to the signed contract.

Otherwise, it may end up on the register of unscrupulous suppliers.

What you should know about anti-dumping measures in procurement under 44-FZ and 223-FZ

A template for providing information can be downloaded here. When to Provide Information Relating to Anti-Dumping Measures Anti-dumping measures are provided for under electronic auctions and competitions.

Attention

In the first case, a set of documents proving good faith intentions must be provided when signing the draft contract. Otherwise, it will be considered unsigned, and the participant will be considered to have evaded the conclusion.

As for the competition, participants offer a price in advance, therefore documents confirming good faith must be provided as part of the application. Otherwise it will be rejected. Exceptions to the rule The law provides for several cases when special anti-dumping measures are applied or they are not applied at all.

The latter is possible in the case of the purchase of vital medications.

What is an anti-dumping measure? anti-dumping measures in law 44 Federal Law of the Russian Federation

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Anti-dumping measures

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Author: Daria Nasedkina September 12, 2017 Customers are required to apply anti-dumping measures to bidders. Let's consider when and how they are applied according to 44-FZ and 223-FZ. What are anti-dumping measures Anti-dumping measures are applied when making purchases that are carried out by competitive means. Their goal is to prevent dumping, i.e. artificially reducing the final contract price by 25% or more. Such discounts are fraught with the restriction of competition by unscrupulous participants, as well as the risk for customers to receive a low-quality product or service. Of course, there are cases when honest suppliers can reduce the price even below cost, for example, for the sake of entering the market. This is how they look forward to promising work. But, as practice shows, more often such schemes are aimed specifically at eliminating competitors.
The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the competition or consideration of a single application for participation in the competition; 2) the procurement participant with whom the contract is concluded, when sending the signed draft contract to the customer during the auction. If such a participant fails to comply with this requirement, he is recognized as having evaded concluding the contract.
If the procurement commission recognizes the proposed contract price as unreasonable, the contract with such a participant is not concluded and the right to conclude a contract passes to the auction participant who offered the same price as the auction winner, the contract price or whose proposal for the contract price contains the best conditions for the contract price, following the conditions proposed by the auction winner.

Anti-dumping measures during procurement are applied when conducting

Anti-dumping measures under 223-FZ Companies that fall under 223-FZ carry out their purchases in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, 223-FZ, 135-FZ, other federal laws and regulatory legal acts of the Russian Federation, as well as approved and placed in the unified information system (UIS) by the Procurement Regulations. According to Part 2 of Art. 2 223-FZ Procurement Regulations is a document that regulates all procurement activities of the customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for concluding and executing contracts, as well as other provisions related to procurement. This means that each customer independently develops its own Procurement Regulations, which prescribes procurement methods, the procedure for their preparation and implementation, incl.
See the text in a future edition. 9. If the subject of the contract for the conclusion of which a competition or auction is held is the supply of goods necessary for normal life support (food, means for providing emergency services, including specialized emergency medical care in an emergency or urgent form, medicines, fuel), a procurement participant who has proposed a contract price that is twenty-five percent or more below the initial (maximum) contract price is obliged to provide the customer with a justification for the proposed contract price, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied, documents confirming availability of goods from the procurement participant, other documents and calculations confirming the procurement participant’s ability to supply the goods at the proposed price. ConsultantPlus: note.

The Procurement Regulations of an autonomous institution contain rules on the application of anti-dumping measures to all procurement participants without exceptions. We are talking about cases in which, as a result of the procurement, the contract price is reduced in relation to the initial (maximum) by 25% or more (dumping price). One of the anti-dumping measures is the provision by the procurement participant with whom the contract is concluded at a dumping price of an increased amount of security for the execution of the contract.
Should this rule be applied to procurement participants - small and medium-sized businesses, taking into account the restrictions established in clause 25 of the Regulations on the specifics of the participation of small and medium-sized businesses in procurement, approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352 (from January 1 2018, does this provision also apply to this autonomous institution)?

Having considered the issue, we came to the following conclusion:
The customer cannot establish a requirement for the amount of security for the execution of a contract concluded at a dumping price in an amount exceeding 5% of the initial (maximum) price of the contract or the amount of the advance, if the contract provides for the payment of an advance, if such a purchase is carried out only among small and medium entrepreneurship.

Rationale for the conclusion:
First, we note that according to the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Law N 223-FZ), the goals of regulating these procurements include expanding opportunities for the participation of legal and individuals in the procurement of goods, works, services for the needs of customers and stimulation of such participation; development of fair competition, ensuring publicity and transparency of procurement; preventing corruption and other abuses. And among the principles that customers should be guided by when purchasing are, in particular, the principles of equality, fairness, non-discrimination and unreasonable restrictions on competition in relation to procurement participants (Law N 223-FZ).
By virtue of Law N 223-FZ, it is not allowed to present requirements to procurement participants, to the purchased goods, works, services, as well as to the terms of execution of the contract and to evaluate and compare applications for participation in the procurement according to criteria and in a manner that are not specified in the documentation about the purchase. The relevant requirements must be applied equally to all procurement participants, to the goods, works, services they offer, and to the terms of the contract. In accordance with Law N 223-FZ, the procurement documentation must contain information specified by the procurement regulations, including requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements.
Neither the Russian Federation, which customers are guided by (Law N 223-FZ), nor N 223-FZ itself contains a closed list of requirements that may be presented to procurement participants, or a direct prohibition on the application of any requirement, and therefore the establishment by the customer in The provisions on the procurement of anti-dumping measures do not violate the requirements of N 223-FZ. In the Central District AS dated November 2, 2016 N F10-3708/16, it is noted that the establishment of anti-dumping measures in the procurement regulations helps to meet the customer’s needs for goods with the necessary indicators of price, quality and reliability, and also contributes to the most efficient use of funds when purchasing goods high quality.
At the same time, as you correctly noted, in paragraph 25 of the Regulations approved by the Government of the Russian Federation dated December 11, 2014 N 1352 “On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, and services by certain types of legal entities” (hereinafter referred to as the Regulations) , restrictions have been established in relation to purchases carried out among small and medium-sized businesses: if the documentation for such a purchase establishes a requirement for security for the execution of the contract, the amount of such security: a) cannot exceed 5% of the initial (maximum) price of the contract (lot price), if the contract does not provide for payment of an advance; b) is established in the amount of the advance, if the agreement provides for the payment of an advance.
Accordingly, if the customer belongs to the category of persons who are subject to the Regulations (clause 2 of the Regulations), and at the same time, the anti-dumping measures of the procurement regulations of this customer require a certain amount of security for the execution of the contract, this amount cannot be an amount exceeding 5% of the initial (maximum) price of the contract or the amount of the advance, if the contract provides for the payment of an advance, in cases of concluding a contract in accordance with paragraphs. "b" clause 4 of the Regulations (based on the results of purchases carried out only among small and medium-sized businesses).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Chashina Tatyana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Barseghyan Artem

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

1. If, during a competition or auction, the initial (maximum) contract price is more than fifteen million rubles and the procurement participant with whom the contract is concluded offers a contract price that is twenty-five percent or more lower than the initial (maximum) contract price, or offers the sum of prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of prices of these units, the contract is concluded only after such participant provides security for the performance of the contract in an amount exceeding one and a half times the amount of security for the performance of the contract specified in the documentation for the contract competition or auction, but not less than the amount of the advance (if the contract provides for the payment of an advance).

2. If, during a competition or auction, the initial (maximum) contract price is fifteen million rubles or less and the procurement participant with whom the contract is concluded offers a contract price that is twenty-five percent or more lower than the initial (maximum) contract price, or offers the sum of prices of units of goods, work, services, which is twenty-five percent or more lower than the initial sum of prices of these units, the contract is concluded only after such participant provides security for the performance of the contract in the amount specified in part 1 of this article, or information confirming the good faith of such participant in accordance with Part 3 of this article, with the simultaneous provision by such participant of contract performance security in the amount of contract performance security specified in the procurement documentation.

(see text in the previous edition)

3. Information confirming the integrity of a procurement participant includes information contained in the register of contracts concluded by customers and confirming the execution by such participant within three years before the date of filing an application for participation in the procurement of three contracts (taking into account succession) executed without applying to such participant is subject to penalties (fines, penalties). In this case, the price of one of such contracts must be no less than twenty percent of the initial (maximum) contract price specified in the notice of procurement and procurement documentation.

(see text in the previous edition)

4. In the case of an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, the information provided for in Part 3 of this article is provided by the procurement participant as part of an application for participation in an open tender, a tender with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition. The procurement commission rejects such an application if this information is found to be unreliable. The decision to reject such an application is recorded in the protocol for determining the supplier (contractor, performer), indicating the reasons for the rejection of such an application, and is brought to the attention of the procurement participant who sent the application no later than the working day following the day of signing the specified protocol. If a procurement participant in the case provided for in Part 2 of this article, as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, a closed tender, a closed tender with limited participation, a closed two-stage tender, does not provide information confirming his good faith in accordance with with part 3 of this article, a contract with this participant is concluded after he provides contract performance security in an amount one and a half times greater than the amount of contract performance security specified in the procurement documentation.

(see text in the previous edition)

5. In the case of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an auction, the information provided for in Part 3 of this article is provided by the procurement participant when sending a signed draft contract to the customer. If such participant, recognized as the winner of the competition or auction, fails to comply with this requirement or the procurement commission recognizes the information provided for in Part 3 of this article as unreliable, the contract with such participant is not concluded and he is recognized as having evaded concluding the contract. In this case, the decision of the procurement commission is formalized in a protocol, which is posted by the customer in the unified information system no later than the business day following the day of signing the specified protocol.

(see text in the previous edition)

6. The security specified in parts 1 and this article is provided by the procurement participant with whom the contract is concluded before its conclusion. A procurement participant who fails to comply with this requirement is deemed to have evaded concluding the contract. In this case, the procurement participant’s evasion from concluding a contract is documented in a protocol, which is posted in a unified information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

7. When holding competitions for the purpose of concluding contracts for the performance of research, development or technological work, the provision of consulting services, the customer has the right to establish in the competition documentation different values of the significance of the criteria for evaluating applications for cases where a participant in the competition submits an application containing a proposal for the price of the contract, which:

1) up to twenty-five percent below the initial (maximum) contract price;

2) twenty-five percent or more below the initial (maximum) contract price.

8. In the cases provided for in paragraph 2 of part 7 of this article, the value of the significance of such a criterion as the contract price is set equal to ten percent of the sum of the significance values of all criteria for evaluating applications.

(see text in the previous edition)

9. If the subject of the contract for the conclusion of which a competition or auction is held is the supply of goods necessary for normal life support (food, means for providing emergency services, including specialized emergency medical care in an emergency or urgent form, medicines, fuel), the procurement participant who proposed the contract price, the sum of prices of units of goods is twenty-five or more percent lower than the initial (maximum) contract price, the initial sum of prices of units of goods, along with the requirements provided for in this article, is obliged to provide the customer with a justification for the proposed contract prices, the sum of prices of units goods, which may include a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (except if the quantity of goods supplied cannot be determined), documents confirming the availability of goods from the procurement participant, other documents and calculations confirming the ability of the procurement participant to carry out supply of goods at the proposed price, the sum of prices of units of goods.

(see text in the previous edition)

1) a procurement participant who proposed a contract price, the sum of prices of goods units is twenty-five percent or more lower than the initial (maximum) contract price, the initial sum of prices of goods units, as part of an application for participation in an open tender, a tender with limited participation, a two-stage tender, closed competition, closed competition with limited participation, closed two-stage competition. If such a participant fails to comply with this requirement or the procurement commission recognizes the proposed contract price or the sum of unit prices of goods as unreasonable, the application of such participant is rejected. The specified decision of the procurement commission is recorded in the protocol of consideration and evaluation of applications for participation in the competition or consideration of a single application for participation in the competition;

(see text in the previous edition)

2) by the procurement participant with whom the contract is concluded, when sending a signed draft contract to the customer during an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, or an auction. If such a participant fails to comply with this requirement, he is recognized as having evaded concluding the contract. If the procurement commission recognizes the proposed contract price, the sum of prices of units of goods as unreasonable, the contract is not concluded with such a participant and the right to conclude a contract passes to the procurement participant who offered the same contract price, the sum of prices of units of goods as the winner of this competition or auction or a contract price proposal which contains the best conditions for the contract price, following the conditions proposed by the winner of this competition or auction. In these cases, the decision of the procurement commission is formalized in a protocol, which is posted in a unified information system and brought to the attention of all procurement participants no later than the working day following the day of signing the specified protocol.

Hello, dear colleague! Today's article will talk about anti-dumping measures, as well as the effectiveness of their application. These measures are aimed at reducing the risks of Customers in connection with artificially lowering prices during competitions and auctions. In 44-FZ, anti-dumping measures are regulated by Article 37, and when purchasing under 223-FZ, they can be established by Customers in the Procurement Regulations. We will talk about all the nuances of using these measures below in this article. ( Note: This article was updated on April 25, 2019).

1. Anti-dumping measures under 44-FZ

1.1 Concept of dumping

Dumping(from the English dumping - dumping) - sale of goods (works, services) at artificially low prices.

It's no secret that contracts with artificially low prices are mostly fraudulent. The dumping procurement participant receives an advance payment (if any), but the work remains unfulfilled. In addition, dumping contributes to a general decline in the level of work (services provided) and the quality of supplied products.

1.2 “Taran” dumping scheme

It is quite difficult for young organizations, as well as newly founded individual entrepreneurs without work experience, to participate in government procurement. Therefore, dumping for “newbies” has been and most likely will be the only working tool in competition for a long time. The previously effective 94-FZ did not provide for anti-dumping measures, so cases of serious reductions during trading occurred quite often. The favorite scheme among careless suppliers was the so-called “Bram” scheme.

Let me briefly recall the meaning of this diagram. Typically, three organizations were involved in the conspiracy. The first participant, who was supposed to win the auction, took the first step with a slight reduction in price (0.5-1% of the NMCC). Then two other participants entered the game and knocked down the NMCC of the contract as quickly as possible until the submission of price proposals by other participants would be pointless. Then, when considering the second parts of the applications, the applications of these participants were rejected, because they knowingly attached incorrect documents. And the winner was the participant who managed to make a price offer with a minimum step.

1.3 What anti-dumping measures are provided for in 44-FZ?

With the advent of Federal Law 44, the situation changed for the better, but, in my opinion, very slightly. So, what anti-dumping measures appeared in 44-FZ?

According to Part 1 of Article 37 of 44-FZ, if during a competition or auction NMCC is more than 15 million rubles , the contract is concluded only after such participant provides in the amount exceeding 1.5 times the amount of contract performance security specified in the documentation for the tender or auction, but not less than the amount of the advance (if the contract provides for the payment of an advance).

That is, if the NMCC is more than 15 million rubles, the procurement participant, when signing the contract, is obliged to provide one and a half times the security for the execution of the contract.

According to Part 2 of Article 37 of 44-FZ, if during a competition or auction NMCC is 15 million rubles or less and the procurement participant with whom the contract is concluded is offered contract price, which is 25% or more lower than the NMCC , the contract is concluded only after such participant provides security for the performance of the contract in the amount exceeding 1.5 times the amount of contract performance security specified in the documentation for the tender or auction, or information confirming good faith such participant on the date of filing the application, with the simultaneous provision by such participant of contract performance security in the amount of contract performance security specified in the procurement documentation.

That is, if the NMCC is up to 15 million rubles, the procurement participant, when signing the contract, can provide a choice of:

— or one-and-a-half times contract enforcement;

— or documents confirming the good faith of such a participant + security for the execution of the contract established in the documentation.

1.4 For which purchases are anti-dumping measures applied?

Many procurement participants mistakenly believe that anti-dumping measures apply to absolutely all procurement procedures, including and. According to Article 37 of 44-FZ, anti-dumping measures are applied ONLY to and .

1.5 Confirmation of the integrity of the procurement participant

A procurement participant can confirm his/her integrity by providing information about completed contracts for a certain period of time before the date of filing an application for participation in a competition or auction:

When conducting open competition , competition with limited participation , two-stage competition , closed competition , closed competition with limited participation , closed two-stage competition the specified information must be presented as part of the application (Part 4 of Article 37 of 44-FZ).

And when carrying out open competition in electronic form , competition with limited participation in electronic form , two-stage competition in electronic form , auction a document confirming good faith must be provided to the Customer along with the signed contract (Part 5 of Article 37 of 44-FZ).

Important! Revealing the unreliability of the information provided in the case of “paper” tenders leads to the rejection of the application, and in the case of electronic procurement leads to the recognition of the participant as having evaded signing the contract.

1.6 What should you do if your contract information is not in the register?

If a contract with the Customer has been concluded, but there is no information about the contract in the register, you must first contact the Customer to find out the reason for the absence of an entry in the register. For failure to provide or untimely provision of information about the conclusion of the contract and its execution, the Customer is subject to administrative liability.

1.7 Special cases of application of anti-dumping measures under 44-FZ

1. If a competition is held to carry out research, development or technological work, the Customer can set different values for the criteria for evaluating applications with a price reduction of up to 25% and over 25% of the NMTsK (Part 7 of Article 37 of 44-FZ);

2. If goods are purchased for the normal life support of the population (food, emergency supplies, medicines, fuel, etc.), in addition to the usual anti-dumping measures (one and a half times the contract performance or confirmation of the procurement participant’s good faith), the participant must also justify the price reduction by providing the customer (Part 9, Article 37 44-FZ):

a letter of guarantee from the manufacturer indicating the price and quantity of the goods supplied (in free form);
documents confirming the availability of goods from the procurement participant (bill of lading, receipts);
other documents and calculations confirming the ability of the procurement participant to supply goods at the proposed price

3. According to Part 12 of Article 37 of 44-FZ, anti-dumping measures are not applied if, when purchasing medicinal products that are included in the list of vital and essential medicinal products approved by the Government of the Russian Federation, the procurement participant with whom the contract is concluded offers a price of all purchased medicinal products, reduced by no more than 25% relative to their maximum selling price registered in accordance with the legislation on the circulation of medicinal products.

As you can see, with the advent of Federal Law 44, the requirements for procurement participants resorting to dumping have become more stringent. However, it is difficult to say that this has radically changed the situation for the better.

Firstly, those participants who used dumping before 44-FZ also continue to use it. Of course, this “pleasure” has become more expensive, but not so much that we have to give it up completely.

Secondly, those participants who, as before, have a sufficient level of qualifications and experience are unlikely to try to win an order solely on the basis of price.

Only a combination of factors, such as application security, anti-dumping measures, contract enforcement, fines and penalties, as well as the lack of an advance payment, cut off negligent suppliers from procurement. That is, anti-dumping tools are effective only in combination with the above measures, and do not give the desired effect when used separately.

2. Anti-dumping measures under 223-FZ

Companies that fall under 223-FZ carry out their purchases in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, 223-FZ, 135-FZ, other federal laws and regulatory legal acts of the Russian Federation, as well as those approved and posted in the unified information system ( EIS) Procurement Regulations.

According to Part 2 of Article 2 of 223-FZ, the Procurement Regulations are a document that regulates all procurement activities of the Customer and must contain procurement requirements, including the procedure for preparing and conducting procurement procedures (including procurement methods) and the conditions for their application, the procedure for conclusion and execution of contracts, as well as other provisions related to procurement.

This means that each Customer independently develops its own Procurement Regulations, which prescribes procurement methods, the procedure for their preparation and implementation, incl. and applied anti-dumping measures. These measures may differ from those provided for in Article 37 of 44-FZ.

This concludes my article. If you still have questions, ask them below in the comments to this article.