SMP and the disabled at the same time. Simultaneous Benefits for Organizations of the Disabled, SMPs and SONOs

Recently, the number of contracts concluded under 44-FZ has increased significantly. The state is increasingly in need of the supply of goods, the provision of services and the performance of work for its own needs. But it also happens that, for various reasons, the customer or contractor refuses to conclude a contract or continue its execution.

Refusal of the parties to conclude a contract 44-FZ

In accordance with the legislation on public procurement, the state customer is obliged to refuse to conclude a contract 44-FZ with a supplier if:

• the latter did not send the signed draft contract to the customer and (or) did not provide security for the performance of the contract, documents confirming compliance with anti-dumping measures;
• when applying for participation in the procurement, the latter gave incorrect information about himself (for example, he hid his tax debt, belonging to small businesses, being in the process of liquidation or bankruptcy, having a conflict of interest with the customer, and more).

If there are such grounds, the customer places the decision to refuse to conclude a contract on the electronic trading platform (sends it to the supplier) and within 3 days notifies the territorial department of the Federal Antimonopoly Service (UFAS) of Russia at the location of the customer. Further, the OFAS, at its meeting in the presence of the parties, decides on the inclusion of the "evader" in the register of unscrupulous suppliers.

In case of refusal to sign the contract 44-FZ, the customer is obliged to send the draft contract to the second participant in the procurement procedure or (if it is absent) to purchase the necessary goods from a single supplier.

Important! The supplier is not entitled to refuse to conclude the contract, since the offer made by him at the auction is considered as acceptance of all the conditions of the procurement documentation and the contract in case of victory.

Sometimes suppliers offer a lower price without analyzing the economic feasibility, without assessing the risks. And then they are forced to deliver goods at a loss. It happens that in a short time the price of specific goods rises sharply. And then the suppliers are looking for an opportunity not to sign the contract. What can be done in this case, so as not to get into the register of unscrupulous suppliers? The only option is an agreement with the customer on the conclusion of the contract and its simultaneous termination by agreement of the parties. Although customers are rarely interested in this, not wanting to repeat the procurement procedure.

As you can see, the refusal to sign the contract is legally possible only on the part of the customer. For the supplier, in all cases, it is fraught with adverse consequences.

Refusal to execute the concluded contact 44-FZ

It is not uncommon for the parties to a contract to wish to terminate the performance of the contract.

Adverse consequences in this case can be avoided if the contract is terminated by agreement of the parties.

Note that customers are less likely than suppliers to agree to such termination, since in most cases they are interested in the performance of the contract.

Important! As a general rule, a unilateral refusal to fulfill obligations is unacceptable.

But it is possible when one of the parties to the contract has violated its provisions - in accordance with the general conditions for terminating contracts for a specific type of obligation.

Cases when unilateral termination of the contract is permissible have been considered by us earlier in other publications, so we will not repeat.

Let us consider only the procedure for terminating the contract at the initiative of one of the parties, which is considered difficult.

The first thing the customer must do when deciding to terminate the contract is to post a corresponding message on the official website within 3 working days from the date of such a decision. In order to comply with the due notice rule, he simultaneously sends the supplier a registered letter with notice. The date of proper notification is the day the customer receives a mail notification of receipt, non-receipt of the supplier's letter or absence of the contractor's organization at the location. If such confirmation cannot be obtained, then the date of official notification is considered to be the 31st day from the date of publication of information on the official website. In practice, customers prefer to use postal communication, which makes it possible to reliably confirm receipt of a letter in case of appealing such a decision.

The decision to terminate the contract at the initiative of the customer shall enter into force 10 days after the supplier has been duly notified.

The law prescribes to cancel the decision of the customer to refuse to perform the contract if, within 10 days from the date of receipt by the supplier of such a decision, the latter eliminates the violations of the contract that are the reason for termination and covers the costs of the examination (if it was carried out). This rule does not apply in the event of a repeated decision to terminate.

Important! Cancellation of the contract by the customer entails the inclusion of the supplier in the register of unscrupulous suppliers, if the termination procedure was followed.

The procedure for terminating the contract by the supplier is similar, except for the need to post information on the official website and conduct an examination.

Thus, the consequences of termination of the contract for the customer as the initiator are more favorable than for the supplier who acted in a similar role.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge - write in the form below.

What threatens the customer if the auction provides benefits to both institutions of the penal system (under Art. 28 of Law 44-FZ) and organizations of the disabled (under Art. 29 of Law No. 44-FZ), plus the restriction “only for SMP” is established (under Art. 30 Law No. 44-FZ), has the law been violated?

From this article you will learn:

• for whom it is possible to establish advantages and restrictions for procurement participants;
• features for organizations of the disabled, SMP and SONO, as well as institutions of the penitentiary system;
• how to calculate SMP;
• what organizations can be included in the penitentiary system.

Having established such advantages and limitations at the same time, the customer will not fulfill the obligation to provide, since they cannot be allowed to participate in the procurement conducted only for SMP and SONO.

Formally, this combination of benefits and restrictions does not violate the provisions of Law No. 44-FZ. However, upon the fact of restrictions on the institutions of the penal system, the control body may incriminate the violation of paragraph 2 of part 1 of Art. 17 of Law No. 135-FZ (“On Protection of Competition”). After all, a participant from the penitentiary system can file a complaint with the FAS.

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For which procurement participants can be set benefits and restrictions

Organizations of the disabled

Institutions of the penitentiary system

Based on Part 2 of Art. 28 of Law No. 44-FZ (with the exception of purchases from a single supplier), the customer is obliged to provide institutions and enterprises of the penal system with benefits of up to 15% of the contract price they offer. Benefits must be provided if the purchased goods are included in the list approved by the Government of the Russian Federation of July 14, 2014 No. 649 (hereinafter - Resolution No. 649).

Let's analyze who belongs to the subjects of the NSR.

According to paragraph 1 of Art. 4 of Law No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation”, small and medium-sized businesses include, among others, consumer cooperatives and commercial organizations entered in the Unified State Register of Legal Entities, with the exception of state and municipal unitary enterprises.

In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get an electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, tender, request for quotation, request for proposals.

How to calculate SMP

As stated in the Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, a legal entity can be classified as an SME if the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities in it does not exceed 25%, and the total share of participation of foreign legal entities or the total share of participation of other legal entities that are not subjects of small and medium-sized businesses does not exceed 49% each.

However, according to Art. 5 of the Law of the Russian Federation of July 21, 1993 No. 5473-1 “On institutions and bodies executing criminal penalties in the form of deprivation of liberty”, the penitentiary system includes:

• institutions executing punishment;
• territorial bodies of the penitentiary system;
• federal executive body exercising the functions of control and supervision in the field of execution of sentences.

The penitentiary system may include:

• pre-trial detention centers;
• enterprises specially created to ensure the activities of the penitentiary system;
• research;
• design;
• medical;
• educational organizations.

The only founders of almost all institutions of the penal system, most of which are created in the form of unitary enterprises, are the Russian Federation or the constituent entities of the Russian Federation, which makes it impossible to classify them as SMEs.

In part 2 of Art. 30 of Law No. 44-FZ explicitly states that this article applies to SONO, with the exception of socially oriented non-profit organizations whose founders are the Russian Federation, constituent entities of the Russian Federation or municipalities.

Thus, the institutions of the penal system, being non-profit organizations, do not belong to SONO either. After all, their founder is the Russian Federation. Consequently, the institutions of the penal system will not be entitled to participate in the procurement conducted in accordance with Part 1 of Art. 30 of Law No. 44-FZ, as SONO!

This means that, having established in the notice (documentation) the benefits for the institutions of the penal system, you can simultaneously indicate that the purchase is carried out for the SMP and SONO (according to Article 30 of Law No. 44-FZ). That is, Law No. 44-FZ does not contain a direct prohibition on the establishment of such conditions by the customer.

However, in the case of the opposite, you should be careful! If you make a purchase on the basis of Art. 30 of Law No. 44-FZ and the subject of the procurement belongs to the List approved by Decree No. 649 (providing benefits to penal institutions), you are required to establish benefits for penal institutions. At this stage, you can fall into a trap: penal institutions cannot be allowed to participate in procurement conducted only for SMP and SONO, which means that the control body may consider your restrictions as a violation.

It is advisable to purchase goods included in the List approved by Decree No. 649 separately, without limiting the circle of participants in the purchase of SMP and SONO. This will reduce the risk of complaints from the participants and the emergence of claims from the regulatory authorities. The indication in the notification of both advantages for penitentiary institutions and restrictions “only for SMP and SONO” makes it impossible to apply for participation in such a purchase by enterprises and institutions of the penitentiary system.

The most up-to-date news and explanations of experts on sensitive topics in the field of public procurement in the journal "Goszakupki.ru"

Hello dear colleague! Recently, my support team has received a lot of questions on the topic of placing orders with small businesses (SMEs). Therefore, today I decided to write a short review article, and concisely, but to the point, answer all frequently asked questions. Since the majority of procurement participants (suppliers) belong to the category of small businesses, this article will be useful and relevant for most visitors to my site. Therefore, I propose to immediately go to the essence of our today's topic.

1. Definition of small and medium-sized businesses

Subjects of small and medium business - business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", to small enterprises, including micro-enterprises, and medium-sized enterprises.

2. Conditions to be met by small and medium-sized businesses

1. For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entitiesshould not exceed 25% (with the exception of the total share of participation that is part of the assets of joint-stock investment funds, the composition of the property of closed-end mutual funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium businesses,should not exceed 49% each.

1. The average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

a) from 101 to 250 people inclusive for medium enterprises;

b) up to 100 people inclusive for small businesses;

in) up to 15 people - microenterprises.

Note: If purchases are made for small businesses (SMEs), then the number of employees should not exceed 100 people inclusive.

1. Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Note: In accordance with the Decree of the Government of the Russian Federation of July 13, 2015 No. 702for small businesses, this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.

3. The volume of purchases from the SMP according to 44-FZ

In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMPs), socially oriented non-profit organizations (SONO) in the amount not less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.

According to part 1.1. Art. 30 44-FZ, when determining the volume of purchases, from small businesses, socially oriented non-profit organizations, the calculation of the total annual volume of purchases does not include purchases:

• to ensure the defense of the country and the security of the state;
• lending services;
• from a single supplier (contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
• works in the field of the use of atomic energy;
• in the implementation of which closed methods for determining suppliers (contractors, performers) are used.

4. Procurement methods from SMP

As follows from paragraph 1 of part 1 of Art. 30 44-FZ, purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways: , competitions with limited participation, two-stage competitions,, , requests for proposals.

5. List of purchases from SMP according to 44-FZ

Many suppliers are interested in the following question: Is there a list of goods, works, services under 44-FZ, the purchase of which must be carried out from small businesses? I will answer that there is no such list, therefore, any goods, works, services can be purchased with the provision of preferences for the NSR and SONO.

6. Features of the participation of small businesses in public procurement

1. The category of a small or medium-sized business entity is determined in accordance with the highest value condition (number of employees or revenue (value of assets)).

1. The category of a small or medium-sized business entity changes only if the limit values ​​for the number of employees or the amount of revenue (value of assets) are higher or lower than the specified limit values,during the years following one after the other.

1. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value of assets (residual value of fixed assets and intangible assets) for the period that has passed from the date of their state registration, do not exceed the established limit values.

1. Paragraph 1 of Part 1 of Art. 30 44-FZ establishes the maximum size of the initial (maximum) price of the contract when placing an order for the supply of goods, performance of work, for state or municipal needs at the NSR - 20 million rubles .

1. When determining suppliers (contractors, performers), notices of procurement establish a restriction on procurement participants, which can only be small businesses. In this case, procurement participants are required to declare their affiliation with small businesses in applications for participation in procurement.

1. The joint letter of the Ministry of Economic Development and Trade No. 7158-EE/D28i and FAS No. АЦ/13590/14 dated April 4, 2014 “On the position of the Ministry of Economic Development and the Federal Antimonopoly Service on the application of the norms of 44-FZ to relations related to the procurement from SMEs and socially oriented non-profit organizations” says following:

Article 30 of the Law on the Contract System establishes that a declaration is a document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals to receive benefits in accordance with Article 30 of the Law on the Contract System. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the contract system.

Those. Based on the above, it is enough just to declare your attitude to the NSR in the application and that's it. This will be enough.

Samples of declarations 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" You can download on the website in section paragraph 5.

1. According to part 15 of Art. 44 44-FZ the size of the security of the application for participation in the auction when placing an order with the SMPcannot exceed 2% the initial (maximum) price of the contract.

7. Administrative responsibility of the customer for non-compliance with the norms of the legislation on placing an order with SMP

Article 7.30 The Code of Administrative Offenses of the Russian Federation provides for liability for non-compliance with the norms of legislation on placing an order with SMP:

Part 11 Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .

Here, in fact, are all the main points that a supplier needs to know in order to participate in auctions placed for small businesses.

That's all for today. See you in the next editions!

P.S.: If the material of the article was useful to you, then be sure to put “likes” and share this article with your friends and colleagues on social networks.

First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?" The law on the contract system establishes the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations (SONO). Let's take a closer look.

The first are duly registered legal entities (partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.

SONKO or SONO (socially-oriented non-profit organizations) are persons created in certain forms (for example, public organizations, foundations) with the aim of solving social problems, developing civil society and others provided for by Law No. 7-FZ.

Privileges and how to exercise them

The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. There are two ways to implement this privilege:

• (, competitions with limited participation, two-stage competitions, electronic auctions, and proposals), which can only be SMP and SONO;
• the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.

SSHS - what is it?

The total annual volume of purchases (GPO) is the total amount of funds allocated for the purchase of goods, works and services. The SSS is determined for the financial year. These funds are intended to pay for contracts in this financial period. To the question of whether it is necessary to include the cost of long-term contracts that were drawn up last year and are being executed in the current one, we answer: in this case, only the amount that is payable in the current period should be included in the SSS.

So, what is the cumulative annual volume of purchases for:

• to make a decision on the creation of a contract service;
• to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP according to 44 Federal Laws, the percentage is 15%, as well as from SONO);
• to calculate the volume of goods and services purchased from;
• in order to determine the quantity of goods and services that can be purchased through a request for quotations.

Purchases from SMP under 223 FZ

Like the Law on the contract system, 223 FZ provides for bidding with the participation of small businesses. Features of such procurement procedures are established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:

• a tender, the participants of which can be any persons, including the subjects we are considering;
• a tender in which only small businesses participate;
• a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.

It should be noted that the annual volume of purchases from them is set at 18%.

Criteria for small and medium businesses:

44-FZ

The law uses the term "small businesses" or SMEs. Dedicated to the conditions of participation.

Quotas for NSR

Customers must purchase from SMP at least 15% of goods and services of the total annual volume of purchases. Every year, by April 1, they publish in the EIS a report on purchases from SMPs for the past year. You can only include purchases that indicated a small business benefit and those purchases went through. If the quota is not met, the institution will receive a fine of 50,000 rubles.

What purchases does SMP participate in?

SMP can take part in any purchase if the company meets the requirements of the customer and can fulfill the terms of the contract. But the purchases that the customer must make specifically among the NSR are more interesting. This means that among the competitors there will be no representatives of medium and large businesses. Even if such participants submit applications, the customer will reject them.

The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. Use the declaration form provided by the customer or our template.

A customer can purchase from a small business in six ways:

• open competition,
• Limited Entry Competition,
• two stage competition
• Request for proposals.

What benefits apply?

1. The amount of the application security cannot exceed 2% of the NMC contract.
2. The customer must pay for the work or goods no later than 15 working days from the date of signing the acceptance certificate (part 8 of article 30 of 44-FZ). This item is included in the contract with SMP.
3. The customer has the right not to require contract security during tenders, electronic auctions and requests for proposals, if the winner is a representative of the SMP (Government of the Russian Federation No. 182 of 03/11/2016). True, in practice, customers almost never use this opportunity.

What will make life easier?

Draft Law No. 623906-6 “On Amendments to the Federal Law “On the Contract System…” is being discussed. He will prohibit the involvement in the execution of the contract of a subcontractor who is affiliated with the customer. This will help to avoid situations when the company involves its own "daughters" in the execution of the contract. If the customer violates the prohibition, the purchase cannot be included in the Small Business Purchase Report. ​

From 2017, it will be possible to send applications for any procedures to the EIS electronically. For suppliers, this will reduce costs and leave no chance for the customer to juggle the results of "paper" procedures.

223-FZ

The law uses the term "subjects of small and medium-sized businesses" (SM&ME or SME). The law does not specify the conditions for the participation of SMEs in procurement, but there is a government decree No. 1352 that regulates such procurement. Customers are controlled by JSC Federal Corporation for the Development of Small and Medium Businesses.

Quotas for customers

If the company's revenue is more than 2 billion rubles, then from 2016 such customers must purchase goods and services from SMEs for 18% of the total volume of purchases, which is considered under the concluded contracts. At the same time, 10% of contracts must be concluded strictly among SMEs. The calculation is based on the amount of concluded contracts: if the announced purchase among SMEs did not take place, it will not be included in the report.

The customer lists in its OKPD2 regulation all goods and services that will be purchased from SMEs:

• If the NMC of the contract is not more than 50 million rubles, the customer is obliged to purchase from this list strictly from SMEs,
• If the NMC of the contract is from 50 to 200 million rubles, the customer decides for himself whether to purchase goods from SMEs or from large businesses.

If the customer does not purchase enough from small and medium-sized businesses, does not post information about this or posts false information, then from February 1 until the end of next year he will have to make purchases under the more stringent 44-FZ.

What purchases can SMEs participate in?

Procurement methods are determined by the customer in his position. The representative of the SME may take part in the tenders or other procurement methods that the customer conducts:

• "On a general basis": any supplier can participate;
• Especially for SMEs: purchases from the list of goods in the position of the customer;
• With the condition to attract SMEs for subcontracting: procurement participants describe in their applications a plan for attracting subcontractors from among SMEs.

Representatives of SMEs are required to declare in applications for participation in procurement their affiliation with small and medium-sized businesses. The declaration form is in Resolution No. 1352.

Privileges

1. 223-FZ does not oblige customers to require suppliers to secure an application and a contract. But if there is such a requirement in the procurement, then preferential conditions apply for SMEs:

• The amount of the application security cannot exceed 2% of the NMC of the contract;
• The amount of the contract security cannot exceed 5% of the NMC or is equal to the amount of the advance.

2. The maximum payment term under an agreement with SMEs is no more than 30 calendar days from the date of signing the acceptance certificate.

3. The customer has the right to approve its own partnership program for SMEs and provide benefits for its participants.

What will make life easier?

The State Duma is considering bill No. 821534-6, which:

• Establish an exhaustive list of competitive procurement methods and basic requirements for the procurement procedure by these methods. Now there are about 14 thousand unique names of procurement methods on the EIS.
• Streamline the number of electronic sites according to 223-FZ. This will make the process of registering suppliers on the platforms and preparing for trading procedures easier.

Decree of the Government of the Russian Federation of April 15, 2014 N 341
"On the provision of benefits to organizations of persons with disabilities in determining the supplier (contractor, performer) in relation to the contract price they offer"

With changes and additions from:

32.50.50

The Rules for granting benefits to organizations of persons with disabilities in determining the supplier (contractor, performer) in relation to the contract price they offer have been approved.

The advantage is up to 15% and applies to strictly defined goods (the list is given). These are juices, pickled vegetables, bakery products, water, bed linen, hosiery, wooden containers, corrugated paper and cardboard, fasteners, lamps, furniture, brushes, etc.

The rules apply to all-Russian public organizations of the disabled, where disabled people and their legal representatives make up at least 80% of the members, and to organizations whose authorized (share) capital consists entirely of contributions from these organizations and the average number of disabled people in which, in relation to other employees, is not less than 50%, and the share of wages of disabled people in the payroll is at least 25%.

To receive the benefit, the participating organization submits an application in any form on compliance with the established criteria.

The winning organization submits a free-form claim to the customer for benefits.

The contract with the winning organization is concluded at the price offered by it, increased up to 15% of such price, but not higher than the initial (maximum) price of the contract.

Decree of the Government of the Russian Federation of April 15, 2014 N 341 "On the provision of benefits to organizations of persons with disabilities in determining the supplier (contractor, performer) in relation to the contract price they offer"

This resolution comes into force on its official publication

This document has been modified by the following documents:

The changes come into force 7 days after the day of official publication of the said resolution.

Decree of the Government of the Russian Federation of December 9, 2015 N 1343

The changes come into force 7 days after the day of official publication of the said resolution.

In accordance with Part 4 of Art. 27 FZ N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the customer is obliged to provide advantages to certain categories of persons when making purchases:

1. institutions and enterprises of the penitentiary system;
2. organizations of disabled people;
3. small businesses;
4. socially oriented non-profit organizations.

At the same time, small businesses should include persons engaged in entrepreneurial activities and meeting a number of conditions (Article 4 of the Federal Law N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"):

1. the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) should not exceed 25%, the share of participation belonging to one or more legal entities that are not small and medium-sized businesses should not exceed 25%;
2. the average number for the previous calendar year should not exceed 100 people inclusive;
3. proceeds from the sale of goods (works, services) excluding VAT or the book value of assets for the previous calendar year should not exceed 400 million rubles. (Decree of the Government of the Russian Federation of 09.02.2013 N 101 "On the marginal values ​​of revenue from the sale of goods (works, services) for each category of small and medium-sized businesses").

To socially oriented non-profit organizations in order to apply Art. 30 FZ N 44-FZ it is necessary to include organizations engaged in the activities provided for in paragraph 1 of Art. 31.1 of the Federal Law N 7-FZ "On non-profit organizations", namely:

• social support and protection of citizens;
• preparation of the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;
• assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;
• environmental protection and animal welfare;
• protection and maintenance of objects and territories of historical, religious, cultural or environmental significance, and burial places;
• provision of legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations, legal education of the population, activities to protect the rights and freedoms of man and citizen;
• prevention of socially dangerous forms of behavior of citizens;
• charitable activities, as well as activities in the field of promoting charity and volunteering;
• activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of the health of citizens, promotion of a healthy lifestyle, improvement of the moral and psychological state of citizens, physical culture and sports and the promotion of these activities, as well as the spiritual development of the individual;
• formation of intolerance to corrupt behavior in society;
• development of interethnic cooperation, preservation and protection of identity, culture, languages ​​and traditions of the peoples of the Russian Federation;
• activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation.

Public procurement (tender) for beginners: Video