Who belongs to h 1 st 30 smp. Features of the participation of socially oriented non-profit organizations in state and municipal procurement

First of all, let's answer the question: "Purchases from the NSR and SONO - what is it?" The law on the contract system stipulates the customer's obligation to place orders with small businesses (SMEs) and socially oriented non-profit organizations (SONO). Let's figure it out in more detail.

The first are legal entities registered in accordance with the established procedure (business companies, partnerships, peasant farms) and individual entrepreneurs... Law No. 209, according to which this or that 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 Skolkovo project participant.

SONKO or SONO (socially oriented not commercial organizations) Are faces created in certain forms (for example, public organizations, foundations) in order to solve social problems, develop civil society, and others provided for by Law No. 7-FZ.

Privileges and how to implement them

The annual volume of purchases from the SMP under 44 FZ (Art. 30) must be at least 15%, as well as from SONO. In this case, the privilege can be realized in two ways:

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

The customer fixes the volume of attraction of subcontractors from the number of SMP and SONO in the form of a fixed percentage (but not less than 5%). In this case, the executor of the state contract must settle with such subcontractors no later than 15 working days instead of 30 calendar days. Such innovations were introduced into the contract system by the Government Decree of 07.10.17 No. 1226, which amended the Government Decree No. 1466 of 23.12.2016.

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

SGOZ - what is it?

The total annual procurement volume (AGV) is the total number of Money allocated for the purchase of goods, works and services. The SGOZ is determined for the financial year. These funds are intended to pay for contracts in this financial period. When asked whether it is necessary to include the cost of long-term contracts that were issued last year and are being executed in the current year, we answer: in this case, only the amount that is payable in the current period should be included in the SGOZ.

So, what is the total annual volume of purchases needed for:

  • to make a decision on the creation of a contract service;
  • to calculate the volume of trades that must be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMEs under 44 FZ, the percentage is 15%, like from SONO);
  • to calculate the volume of goods and services purchased from;
  • in order to determine the number of goods and services that can be purchased by making a request for quotations.

Purchases from SMP under 223-FZ

Like the Law on the Contract System, 223-FZ provides for holding tenders with the participation of small businesses. The specifics of such procurement procedures are established by the Government of the Russian Federation. So, according to the Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, tenders for small businesses are carried out in three ways:

  • a tender, the participants of which can be any person, including the subjects we are considering;
  • procurement, in which only small businesses participate;
  • a tender in which the customer has 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%.

MINISTRY OF ECONOMIC DEVELOPMENT AND TOURISM OF THE REPUBLIC OF ALTAI

ORDER

In order to implement the provisions, guided by the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic, approved by the Government of the Altai Republic dated 20.11.2014 N 332 "On approval of the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic and on recognizing as invalid some decrees of the Government of the Altai Republic" , I order:

2. This order shall be published in the section "Regulation of the contract system and public procurement" of the official website of the Ministry economic development and tourism of the Altai Republic in the information and telecommunication network "Internet", as well as in reference legal systems.

3. I assign control over the execution of this order to the Deputy Minister O.V. Galtseva.

Minister of Economic
development and tourism
Altai Republic
E.V. LARIN

METHODOLOGICAL RECOMMENDATIONS ON PURCHASING GOODS, WORKS, SERVICES TO PROVIDE STATE NEEDS OF SMALL BUSINESSES, SOCIALLY ORIENTED NON-PROFIT ORGANIZATIONS

Approved
By order
Ministry of Economic
development and tourism
Altai Republic
dated August 24, 2015 N 154-OD

Methodological recommendations determine the procedure for the procurement of goods, works, services to ensure state needs from small businesses, socially oriented non-profit organizations. Methodological recommendations regulate the relationship between customers and performers in the field of planning, procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations, as well as the involvement of suppliers of these entities for subcontracting. Methodological recommendations take into account the specifics of procurement in accordance with the legislation Russian Federation and the Altai Republic.

1. General Provisions

1.1. Methodological recommendations on the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations (hereinafter referred to as methodological recommendations) have been developed in accordance with the requirements of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field procurement of goods, works, services to meet state and municipal needs "(hereinafter referred to as the Law on the Contract System), (with subsequent amendments) (hereinafter referred to as the Law on NSR), Federal Law of January 12, 1996 N 7-FZ" On Non-Commercial Organizations "(with subsequent amendments) (hereinafter - the Law on NCOs).

2. Basic concepts

2.1. Small businesses include those entered in the unified state register legal entities consumer cooperatives and commercial organizations (with the exception of government unitary enterprises), as well as individuals included in the unified state register of individual entrepreneurs and carrying out entrepreneurial activity without the formation of a legal entity, peasant (farm) farms that meet the following conditions:

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 foundations in the authorized (joint) capital (mutual fund) of these legal entities should not exceed twenty-five percent (with the exception of the total share of participation included in the assets of joint-stock investment funds, the composition of the property of closed mutual investment 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 belonging to one or more legal entities that are not small and medium-sized businesses, should not exceed forty-nine percent each. The specified limitation in relation to the total share of participation of foreign legal entities, the total share of participation owned by one or several legal entities that are not small and medium-sized businesses, does not apply to business entities, business partnerships, the activities of which are practical application(introduction) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the exclusive rights to which belong to the founders (participants), respectively, of such business societies, business partnerships - budgetary, autonomous scientific institutions or which are budgetary institutions, autonomous institutions educational organizations higher education, for legal entities that received the status of a project participant in accordance with Federal Law of September 28, 2010 N 244-FZ "On the Skolkovo Innovation Center", for legal entities whose founders (participants) are legal entities included in the approved by the Government of the Russian Federation list of legal entities providing government support innovation activities in the forms established by the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy". Legal entities are included in this list in the manner established by the Government of the Russian Federation, provided that one of the following criteria is met:

a) legal entities are open joint stock companies, at least fifty percent of whose shares are owned by the Russian Federation, or business companies in which these are open joint stock companies have the right to directly and (or) indirectly control more than fifty percent of the votes attributable to voting shares (stakes) constituting authorized capital such business entities, or have the opportunity to appoint a sole executive body and (or) more than half of the composition of the collegial executive body, as well as the ability to determine the election of more than half of the composition of the board of directors (supervisory board);

b) legal entities are state corporations established in accordance with Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations";

2) 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 one hundred one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to fifteen people;

3) revenue 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 must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium business.

2.2. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms 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 the book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration, do not exceed the limit values ​​established in clauses 2 and 3 of part 1 of article 4 of the Law on the Northern Sea Route.

2.3. Socially oriented non-profit organizations are non-profit organizations created in the forms provided for by the Law on NPOs and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation in accordance with the constituent documents:

2.3.1. Social support and protection of citizens.

2.3.2. Preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents.

2.3.3. Providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons.

2.3.4. Security environment and animal protection.

2.3.5. Protection and, in accordance with the established requirements, the maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial sites.

2.3.6. Providing legal assistance free of charge or on a preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect human and civil rights and freedoms.

2.3.7. Prevention of socially dangerous forms of behavior of citizens.

2.3.8. Charitable activities, as well as activities in the field of promoting charity and volunteering.

2.3.9. Activities in the field of education, enlightenment, science, culture, art, health care, 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 promotion of the spiritual development of the individual.

2.3.10. Formation of intolerance to corrupt behavior in society.

2.3.11. Development of interethnic cooperation, preservation and protection of the identity, culture, languages ​​and traditions of the peoples of the Russian Federation.

2.3.12. Activities in the field of patriotic, including military-patriotic education of citizens of the Russian Federation.

2.3.13. Carrying out search work aimed at identifying unknown military graves and unburied remains of the defenders of the Fatherland, establishing the names of those killed and missing in the defense of the Fatherland.

2.3.14. Participation in the prevention and (or) extinguishing of fires and in the conduct of emergency rescue operations.

2.3.15. Social and cultural adaptation and integration of migrants.

2.3.16. Measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons carrying out illegal consumption of narcotic drugs or psychotropic substances.

3. Planning the procurement of goods, works, services to meet state needs from small businesses and socially oriented non-profit organizations

3.1. In accordance with part 1 of Article 30 of the Law on the Contract System, the customer, when forming the schedule, is obliged to provide for purchases from small businesses (SMEs), socially oriented non-profit organizations (SONKO) in the amount of at least 15% of the total volume of purchases (see diagram 1 ).

Calculation of the procurement rate from SMP and SONKO

Subtract from the SGOZ the amounts provided for payment for goods, works, services specified in part 1.1 of Article 30 of the Law on the Contract System

3.2. In order to avoid non-observance of the obligation to carry out purchases from SMP, SONKO (due to failed procedures, evasion of the winner from concluding a contract, etc.), the customer is recommended to ensure procurement planning from SMP and SONKO for the widest possible range in a volume significantly exceeding 15% of the total annual volume of purchases.

3.3. Procurement planning from SMP, SONKO is carried out by placing the appropriate marks in the schedule:

- "placed among SMP / SONKO" - for purchases with an initial (maximum) price of no more than 20 million rubles;

- "subcontracting SMP / SONKO" - for purchases on a general basis with the involvement of subcontractors, co-contractors from among the SMP, SONKO in the execution of the contract, indicating the volume of such subcontracting.

3.4. When making changes to the schedule, the volume of purchases from the SMP, SONKO, if necessary, should be adjusted taking into account the requirement for a volume of at least 15% of the total annual volume of purchases.

3.5. Planning of purchases of goods, works, services to meet state needs from the NSR, SONKO is carried out by customers in accordance with the requirements for the form of schedules and the procedure for their placement in a single information system in the field of procurement established by the Government of the Russian Federation.

4. Conditions for the procurement of goods, works, services to meet state needs from the SMP, SONKO

4.1. Customers independently determine the types of goods, works, services that can be supplied, performed, provided by SMP, SONKO.

4.2. When determining the volume of purchases provided for in part 1 of Article 30 of the Law on the Contract System, the calculation of the total annual volume of purchases does not include purchases:

1) to ensure the defense of the country and the security of the state;

2) services for the provision of loans;

3) from a single supplier (contractor, contractor) in accordance with part 1 of Article 93 of the Law on the Contract System;

4) works in the field of atomic energy use;

5) in the implementation of which closed methods of determining suppliers (contractors, performers) are used.

4.3. When making purchases from SMP, SONKO, the initial (maximum) contract price should not exceed 20 million rubles.

4.4. When making purchases from the SMP, the procurement notices establish restrictions on procurement participants in accordance with clauses 2.1 and 2.2 guidelines.

4.5. When making purchases from SONPO, notifications on the implementation of purchases establish restrictions on participants in the procurement in accordance with clause 2.3 of the methodological recommendations.

4.6. Methods for determining suppliers (contractors, performers) for SMP, SONKO can be open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals.

4.7. The amount of the bid security must be from 0.5% to 2% of the initial (maximum) contract price or, if the initial (maximum) contract price does not exceed 3 million rubles during auctions, 1% of the initial (maximum) contract price.

4.8. Delivery of goods, performance of work, provision of services can be carried out by SMP, SONKO as subcontractors, co-executors.

4.9. If, as part of the procurement from the SMP, SONKO, in order to determine the supplier (contractor, contractor), the customer established in the notice a requirement for participants that are not SMP, SONKO, to engage subcontractors, co-executors from the SMP, SONKO in the contract, the customer needs apply a differentiated approach to establishing the amount of security for applications, since both participants who are SMP, SONKO and participants who are not can take part in the competition.

For participants who are SMP, SONKO, the amount of security for the application in this case is set from 0.5% to 2% of the initial (maximum) contract price; for participants who are not SMP, SONKO, the amount of the bid security is set from 0.5% to 5% of the initial (maximum) contract price.

5. Confirmation of the status of the NSR, SONKO

5.1. In applications for participation in purchases carried out among SMP, SONKO, procurement participants are required to declare their affiliation to the SMP, SONKO.

5.2. Declaration of belonging to the SME is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of the SME, indicating the average number of employees for the previous calendar year (or for the period that has passed since the date of their state registration - for newly created organizations or newly registered individual entrepreneurs and peasant (farmer ) farms during the year in which they are registered), the amount of proceeds from the sale of goods (work, services) excluding value added tax or the book value of assets for the corresponding calendar period.

5.3. Declaration of affiliation with SONPO is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of SONPO with an indication of the type of activity carried out, provided for in Article 31.1 of the Law on NCOs and the constituent documents of the organization.

5.4. The declarations specified in clauses 5.2, 5.3 are submitted in a simple written form, certified by the signature of the head (authorized person) and the seal of the organization, as part of the application for participation in the procurement (when conducting electronic auction- as part of the second part of the application).

Sample forms of declarations are given in Appendix 1 to these guidelines.

5.5. If the customer or the procurement commission reveals a discrepancy between the information about the procurement participant and the declared information about belonging to the SMP, SONKO, the procurement commission is obliged to remove the participant from participation in determining the supplier (contractor, performer), and the customer must refuse to conclude a contract with the winner determination of the supplier (contractor, performer) at any time before the conclusion of the contract.

5.6. If the customer refuses to conclude a contract with the winner of determining the supplier (contractor, performer), the customer, no later than one working day following the day of establishing the fact that the procurement participant does not comply with the declared information about belonging to the SMP, SONKO, draws up and places in the unified information system a protocol of refusal from the conclusion of a contract, containing information about the place and time of its preparation, about the person with whom the customer refuses to conclude a contract, about the fact that is the basis for such a refusal, as well as details of the documents confirming this fact. The specified protocol within two working days from the date of its signing is sent by the customer to this winner.

5.7. Removal of a procurement participant from participation in determining a supplier (contractor, performer) in the event that the customer or the procurement commission finds that the procurement participant does not comply with the declared information on belonging to the SMP, SONKO, is carried out in accordance with the norms of the Law on the contract system.

6. Involvement of SMP, SONKO as subcontractors, co-executors

6.1. When determining a supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for a supplier (contractor, performer) other than the SMP, SONKO, to involve subcontractors, co-executors from the SMP, SONKO in the execution of the contract.

6.2. Customers are advised in draft contracts for the purchase of complex composite products, works, services (for example, overhaul, design, installation, adjustment of a computer network or equipment) to establish a mandatory requirement for suppliers (contractors, performers) to involve SMPs as subcontractors or co-executors , SONKO for performing simple works, rendering services that do not require special qualifications or special material and technical resources from the subcontractor (co-executor).

6.3. When establishing in the notice of procurement the requirements provided for in clause 6.1 to a supplier (contractor, performer) other than SMP, SONKO, the customer is recommended to include in the draft contracts:

6.3.1. The condition on attracting subcontractors, co-executors from the SMP, SONKO to the execution of contracts.

6.3.2. The condition for the supplier (contractor, performer) to provide the customer with copies of the work contract, co-performance agreement or other documents confirming the participation of SMP, SONKO in the implementation of the contract, as well as copies of acts of work performed, services rendered, acts of acceptance and transfer of goods or other documents confirming the volumes goods, works, services performed by SMP, SONKO as subcontractors.

6.3.3. The volume of goods, works, services to be supplied (performed) by the subjects of the NSR, SONKO as subcontractors, co-executors, established as a percentage of the contract price. The specified volume is taken into account in the volume of purchases made by customers from SMP, SONKO, and is included in the report in accordance with the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulation on the Interdepartmental Selection Commission investment projects, Russian credit institutions and international financial institutions to participate in the Program for the Support of Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ".

6.3.4. A prerequisite for the civil liability of suppliers (contractors, performers) for non-fulfillment of the condition on attracting subcontractors, co-performers from the SMP, SONKO to the execution of contracts.

6.3.5. The obligation of the supplier (contractor, executor) to provide information on all co-executors, subcontractors who have entered into an agreement or contracts with a supplier (contractor, executor), the price of which or the total price of which is more than ten percent of the contract price, as well as responsibility for failure to provide this information in the event if the initial (maximum) contract price for the procurement of goods, work, services exceeds the amount established by the Government of the Russian Federation in accordance with parts 23 and 24 of Article 34 of the Law on the Contract System.

6.4. When the requirements stipulated in clause 6.1 of these methodological recommendations are established in the notice of the procurement, the subcontractors involved in the execution of contracts, the co-executors are obliged to declare their belonging to the SMP, SONKO. It is recommended to establish the condition for the submission of such declarations in the subcontract (co-performance) agreement.

6.5. When establishing, in accordance with clause 6.4 in the subcontractor (co-performance) agreement, the conditions for the provision of the declarations specified in clauses 5.2, 5.3 of these guidelines, the section of the contract providing for the liability of the parties should include a clause establishing the responsibility of the subcontractor (co-executor) for failure to submit those specified in clauses 5.2 , 5.3 of these guidelines for declarations.

6.6. Failure to provide the customer with the declarations specified in clauses 5.2 and 5.3 of these guidelines may be regarded as non-fulfillment of the condition on involving subcontractors, co-executors from the SMP, SONKO in the execution of contracts.

6.7. In case of non-fulfillment of the condition on attracting subcontractors, co-contractors from the SMP, SONKO to the execution of contracts, the contract must provide for the condition for the supplier to pay a fine, determined in the manner prescribed by the RF Government Decree of November 25, 2013 N 1063 "On Approval of the Rules for Determining the Amount of the Penalty Accrued in case of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for the delay in the performance of obligations by the customer, supplier (contractor, performer)), and the amount of the penalty charged for each day of delay in the performance by the supplier (contractor, performer) of the obligation, provided by the contract ":

a) 10 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 5 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

d) 0.5 percent of the contract price if the contract price exceeds 100 million rubles.

6.8. The customer has the right to accrue a fine and submit a claim to pay it only based on the results of the performance of the contract by the supplier (contractor, performer), if it is established and documented that the supplier (contractor, performer) has not fulfilled its obligations under the contract on engaging as subcontractors , co-executors from the SMP, SONKO.

7. Recognition of invalid identification of suppliers (contractors, performers) at SMP, SONKO

If the determination of suppliers (contractors, performers) is declared invalid during the repeated procedure, the customer has the right to cancel the restriction on procurement participants in the procurement notices, which can only be SMP, SONKO, and make purchases on a general basis.

At the same time, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from SMP, SONKO.

To reduce the number of failed definitions of suppliers (contractors, performers), it is recommended to conduct information work with potential suppliers (contractors, performers) by sending invitations to participate in tenders.

8. Formation of reports on the volume of purchases from SMP, SONKO

8.1. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from SMP, SONKO and, by April 1 of the year following the reporting year, place such a report in a unified information system.

8.2. In such a report, the customer includes information on contracts concluded with SMP, SONKO, as well as information on the failed determination of suppliers (contractors, performers) with the participation of SMP, SONKO.

8.3. The form and rules for the preparation of a report on the volume of purchases from SME, SONKO, its placement in a unified information system were approved by the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulation on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Supporting Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ". The report is formed by state (municipal) customers or budgetary institutions in relation to purchases carried out in accordance with Part 1 of Art. 15 of the Law on the contract system.

The report should indicate: the total annual purchases of the customer, the amount of financial security for the payment of contracts and unique numbers of the register records of contracts.

The document is signed electronic signature authorized official of the customer and is placed in a unified information system within the time period established by Part 4 of Art. 30 of the Law on the Contract System.

9. Responsibility for violation of the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement

9.1. In accordance with Article 107 of the Law on the Contract System, persons guilty of violating the legislation of the Russian Federation and other normative legal acts on the contractual system in the field of procurement shall bear disciplinary, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

9.2. The norms of part 11 of article 7.30 establish administrative responsibility in the case of procurement of goods, works, services to meet state and municipal needs from the SMP, SONKO in an amount less than the size, provided by law Of the Russian Federation on the contractual system in the field of procurement, and entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles.

9.3. According to clause 2 of the Notes to Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the time of committing the administrative offense provided for in Part 11 of Article 7.30 is the end date of the calendar year.

10. Final provisions

10.1. In 2015, the customer has the right not to establish the requirement to enforce the contract in the notice of procurement and (or) the draft contract in the event of tenders, electronic auctions, requests for proposals in which only SMP, SONKO are procurement participants, in accordance with the Decree of the Government of the Russian Federation dated 06.03.2015 N 199 "On the cases and conditions under which in 2015 the customer has the right not to establish the requirement to enforce the contract in the notice of the procurement and (or) the draft contract".

10.2. In 2015, it is allowed to change, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the amount of goods, scope of work, services stipulated by contracts (including government contracts, municipal contracts, civil contracts budgetary institutions for the supply of goods, the performance of work, the provision of services for the needs of customers, concluded before the date of entry into force of this Federal Law), the execution period of which ends in 2015, in the manner established by the Decree of the Government of the Russian Federation dated 06.03.2015 N 198 "On approval of the Rules changes by agreement of the parties to the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the amount of goods, scope of work, services provided for in contracts, the term of execution of which ends in 2015 " ... At the same time, the price of the contract should be no more than 5 million rubles if the contract was concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses could participate in the procurement, socially oriented non-profit organizations.

Appendix 1. DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

(with subsequent changes)

____________________________________________
(name of the participant in the procurement procedure)

confirms that it belongs to small businesses and

meets the requirements established by the provisions of Article 4 of the Federal

entrepreneurship in the Russian Federation "(with subsequent amendments).

Condition name

unit of measurement

Participant data

The total share of the 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 (joint) capital (share fund) of a legal entity

A share in a legal entity owned by one or more legal entities that are not small businesses

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

Revenue from the sale of goods (performance of work, rendering of services) (or the size of the book value of assets (residual value of fixed assets and intangible assets)) for the previous calendar year (_________ year) or another period (for the period ________________)


position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as a small business entity, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.

DECLARATION<1>compliance of the procurement participant with the requirements established by Article 2 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations"

(with subsequent changes)

________________________________________
(name of the procurement participant)

confirms that it belongs to socially oriented non-profit

organizations and meets the requirements established by Article 2 of the Federal

subsequent changes), since it performs the following form

activities:

___________________________________________________________________________
(the type of activity and the corresponding
paragraph constituent document)

_____________________________ ________________ (_______________________)
position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as socially oriented non-profit organizations, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.

You can buy from SMP and SONKO in two ways.

How to calculate the annual volume of purchases to be made from SMP and SONKO

It is more convenient to do this using the following formula:

Annual volume of purchases from SMP and SONKO

=

-

×

15%

In the 15% norm, it is necessary to take into account purchases in which SMP and SONKO:

When calculating the annual volume for purchases from SONKO and SMP, purchases cannot be taken into account:

  • to ensure the country's defense and security;
  • services for the provision of loans;
  • from a single supplier (contractor, performer);
  • works in the field of atomic energy;
  • carried out in closed ways.

However, if these purchases, in addition to providing loans and purchases from a single supplier, were carried out from SONKO and SMP (according to part 1.2 of article 30 of Law No. 44-FZ), their volume is still needed ... That is, the amount of these purchases when calculating from the total annual volume does not need to be subtracted. They also need to be included , which the customer compiles at the end of the year and in which reflects the number of their purchases.

This procedure is given in parts 1.1, 1.2, 4 of article 30 of Law No. 44-FZ and is explained in the letter of the Ministry of Economic Development of Russia dated June 2, 2015 No. D28i-1455.

But if the calculated volume of purchases from SMP and SONKO was 0 rubles, then it is not necessary to make purchases from them. This is possible if, for example, the customer conducts all his purchases only from a single supplier (contractor, contractor). Such explanations are given in the letters of the Ministry of Economic Development of Russia dated March 11, 2015 No. D28i-643, dated February 18, 2015 No. D28i-413, and dated December 31, 2014 No. D28I-2891.

Attention!If the customer purchases goods (works, services) from SMP and SONKO in a smaller amount than established by Law No. 44-FZ, he will face administrative liability. Thus, officials (contract manager, employees of the contract service) may be subject to an administrative fine in the amount of 50 thousand rubles. (Part 11 of Art. 7.30 of the Administrative Offenses Code of the Russian Federation, letter of the Ministry of Economic Development of Russia dated March 10, 2015 No. D28i-590).

An example of the calculation and subsequent recalculation of the procurement rate from SMP and SONKO

In 2016, the institution plans to conclude contracts:

  • for the purchase of passenger cars (2,000,000 rubles);
  • for the purchase of computers (600,000 rubles), including from a single supplier, in the amount of 80,000 rubles;
  • for the improvement of the territory of the institution (1,000,000 rubles);
  • for current repairs (RUB 700,000);
  • on the Maintenance office equipment, computers (800,000 rubles), including from a single supplier, in the amount of 50,000 rubles.

At the end of 2015, the institution did not enter into contracts with performance in 2016.

The contract manager calculated the minimum volume of purchases from small businesses and socially oriented non-profit organizations.

He made up:

(RUB 2,000,000 + (RUB 600,000 - RUB 80,000) + RUB 1,000,000 + RUB 700,000 + (RUB 800,000 - RUB 50,000)) × 15% = RUB 745,500

In 2016, the standard volume of purchases from such suppliers must be at least 745,500 rubles.

Within the calculated volume, the contract manager decided to carry out the purchase computer technology in the amount of 520,000 rubles. through an open tender among SMP and SONKO. Information on the provision of advantages and restrictions on the participation of suppliers other than SONCO and SMP, he indicated in the notice of procurement and tender documentation.

In the course of this competition, only one application was submitted that meets the requirements. The competition was declared invalid. The contract manager sent an appeal to the control body to agree on the conclusion of a contract with the participant who submitted the only application as with the only supplier. After 10 working days, the agreement was received and the contract was concluded.

Since the contract was concluded with a single supplier, the contract manager recalculated the annual volume of purchases from SMP and SONKO. He excluded from the calculation a purchase in the amount of 520,000 rubles.

He did it like this:

(RUB 2,000,000 - RUB 80,000 - RUB 520,000 + RUB 1,000,000 + RUB 700,000 + (RUB 800,000 - RUB 50,000)) × 15% = RUB 577,500

Thus, the annual volume of purchases from SMP and SONKO for 2016 changed and amounted to 577,500 rubles.

The first procurement method: to carry out procurement only among SMP and SONKO in a competitive way

In this case, the initial (maximum) contract price (NMCK) should not exceed 20 million rubles. This is stated in paragraph 1 of part 1 of article 30 of Law No. 44-FZ.

If the customer identifies suppliers only among the SMP and SONKO, then he must indicate this in the notice of the purchase (clause 2 of the letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. D28i-1296). And the participants, in turn, are obliged in the applications their belonging to these categories.

In addition, the draft contract must include a requirement to pay for goods (work, services), a separate stage in the execution of the contract within 30 days from the date of signing the acceptance document. This is stated in parts 3, 8 of article 30 of Law No. 44-FZ.

What should the customer do if the purchase under Law No. 44-FZ only among the SMP and SONKO did not take place?

It makes sense for the customer to cancel the specified restriction and carry out the purchase in general order.

In this case, the contract price in small businesses and non-profit organizations do not need to be considered. That is, in includes only those purchases that were made exclusively for SMP and SONKO. But the rest of the purchases should not be taken into account in the volume of purchases from SMP and SONKO, even if one of these categories of participants wins. This is stated in part 4 of article 30 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173.

The second procurement method: to establish an additional condition in the procurement notice and the draft contract

Additional condition contract - a requirement for the winner of the procurement to involve subcontractors (co-executors) from the SMP and SONKO in the execution of the contract. Any organization can be a participant in such a purchase, and NMCK in this case does not matter.

It is worth noting that if SMP (SONKO) becomes the winner of such a purchase, then given condition does not apply. This is the opinion of the Ministry of Economic Development of Russia in a letter dated September 17, 2015 No. D28i-2812. At the same time, experts still recommend registering this in the draft contract.

The condition that the winner must attract subcontractors and co-contractors from SMP and SONCO must be included in the contract. Including you need to register:

  • the volume of such attraction - as a percentage of the contract price;
  • a condition on the civil liability of suppliers (contractors, performers), if they do not involve subcontractors, co-performers from the SMP and SONKO in the execution of contracts;
  • that this requirement does not apply to the winner from among the SMP and SONKO.

An example of the wording of the condition that the winner must attract subcontractors and co-contractors from SMP and SONKO

“The developer is obliged to involve in the execution of the contract subcontractors (contractors) from among small businesses, socially oriented non-profit organizations in the amount of 15 percent of the value of this contract.

The developer is liable to the Customer in accordance with the legislation of the Russian Federation for non-fulfillment of the condition on attracting subcontractors (contractors) from among small businesses, socially oriented non-profit organizations to the execution of the contract. "

This procedure is established in clause 2 of part 1, parts 5, 6 of article 30 of Law No. 44-FZ and is explained in the letters of the Ministry of Economic Development of Russia No. D28i-2812 dated September 17, 2015, No. D28i-837 dated April 6, 2015, dated 10 March 2015 No. D28i-590, dated December 9, 2014 No. D28i-2740.

Advice: In the draft contract (and in the contract itself), it is worth establishing a condition on its termination unilaterally if the supplier (contractor, performer) improperly fulfills the condition. And then, if the counterparty, in accordance with the conditions, does not involve SMP and SONKO in the execution, the customer will be able to terminate the contract (Clause 9 of the letter of the Ministry of Economic Development of Russia dated March 17, 2015 No. D28i-747).

How to draw up a report on the volume of purchases from SMP and SONKO

At the end of the year, customers report on the volume of purchases from SMP and SONKO. For this, a contract manager or an employee of the contract service prepares and places a special report in the EIS. Deadline - before April 1 of the year following the reporting one.

Report form and the requirements for filling it out were approved by Decree of the Government of the Russian Federation of March 17, 2015 No. 238.

The report should contain information:

  • on the contracts that were concluded with the SMP and SONKO;
  • about failed purchases with the participation of SMP and SONKO.

At the same time, there is no need to include the purchase in the report when in , and the winner of the purchase was the actual small business entity (or SONKO).

And, of course, it is not necessary to include information on the procurement in the report if the contract is concluded with a single supplier (contractor, performer) - in accordance with paragraph 25 of part 1 of article 93 of Law No. 44-FZ. That is, when a competitive purchase (tender, auction, request for quotations) from SMP and SONKO was invalid.

Such rules are established in parts 4, 4.1 of Article 30 of Law No. 44-FZ and are explained in the letters of the Ministry of Economic Development of Russia No. D28i-173 dated February 10, 2015, and No. D28i-2792 dated December 23, 2014.

Hello dear colleague! V Lately my support service receives 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 the frequently asked questions. Since most of the procurement participants (suppliers) belong precisely to the category of small businesses, this article will be useful and relevant for the majority of visitors to my site. Therefore, I propose to go straight to the essence of our today's topic.

1. Definition of small and medium-sized businesses

Small and medium-sized businesses - 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 (pooled) capital (mutual fund) of the specified legal entitiesshould not exceed 25% (except for the total share of participation in the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment 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-sized businesses,should not exceed 49% each one.
  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-sized enterprises;

b) up to 100 people inclusive for small businesses;

v) up to 15 people - micro-enterprises.

Note: If purchases are carried out 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 must 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 dated April 04, 206 No. 265for 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 under 44-FZ

In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMEs), socially oriented non-profit organizations (SONO) in the amount ofnot 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, purchases are not included in the calculation of the total annual volume of purchases:

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

4. Methods of procurement from the 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:, limited entry contests, two-stage contests,, , requests for proposals.

5. List of purchases from the SMP under 44-FZ

Many suppliers are interested in the following question: Is there a list of goods, works, services according to 44-FZ, the purchases of which should 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 participation of small businesses in public procurement

  1. The category of a small or medium-sized business entity is determined in accordance with the most significant 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 (asset value) are higher or lower than the specified limit values,within 3 calendar years following one after the other.
  1. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms 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 the book value of assets (residual value of fixed assets and intangible assets) for the period that has passed since the date of their state registration, do not exceed the established limit values.
  1. Clause 1 of Part 1 of Art. 30 44-FZ established the maximum size of the initial (maximum) contract price when placing an order for the supply of goods, performance of work, for state or municipal needs from the SMP - 20 million rubles .
  1. When determining suppliers (contractors, executors) in the procurement notices, a restriction is established in relation to procurement participants, which can only be small businesses. In this case, procurement participants are required to declare in their applications for participation in procurement their affiliation with small businesses.
  1. In a joint letter from the Ministry of Economic Development 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 44-FZ norms to relations related to procurement from the SMP and socially oriented non-profit organizations" following:

Article 30 of the Law on the Contract System establishes that the document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals for obtaining benefits in accordance with Article 30 of the Law on the Contract System is a declaration. 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 in the application your attitude to the NSR and that's it. This will be enough.

Samples of the participant's declaration of conformity 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" can be downloaded from the website in the section point 5.

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

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

Article 7.30 The Code of Administrative Offenses of the Russian Federation provides for liability for non-compliance with the legislation on placing an order with the 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 contractual system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .

These, 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 issues!

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


The law enforcement practice of supporting small businesses and socially oriented non-profit organizations within the framework of the contract system in 2015-2016 is analyzed

The article reveals the practical issues of applying the requirements of the Federal Law of 05.04.2013 No. 44-FZ in terms of justifying the initial (maximum) contract price, the price of a contract concluded with the sole supplier (contractor, performer) when making purchases for state and municipal needs.

Efremov S.V. Bulletin of the Russian Academy of Natural Sciences. 2014.Vol. 2.S. 86-89.

The article examines the issues of support for the development of the non-profit sector by the federal government by providing subsidies to the constituent entities of the Russian Federation for the implementation of regional programs to support non-profit organizations. For the first time, an analysis of how real the "proposal" is. different types support of non-profit organizations at the regional level, and also investigated the dependence of this “proposal” on the key factors of regional development.

Tutorial contains practical advice to substantiate the initial (maximum) price of the contract, the price of a contract concluded with a single supplier (contractor, performer) when making purchases within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Second edition, revised and expanded

Prosyanyuk D.V., Eferina T.V., Lizunova V.O. Social service... 2014. No. 2. S. 15-25.

The article raises the issue of the readiness of the non-state sector of the economy (non-profit and commercial organizations to expand activities in the market of social services. The problems faced by participants in the process of denationalization of social services and measures to improve the institutional environment are presented.

The textbook contains practical recommendations on the formation of the procedure for evaluating and comparing bids, final proposals of procurement participants when making purchases within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Efremov S.V., A. E. Shadrin, Ladygin V. V. et al. In the book: Analytical materials of the Ministry of Economic Development of the Russian Federation. VI All-Russian conference "Intersectoral cooperation in social sphere"December 9-10, 2013. M .: Ministry of Economic Development of the Russian Federation, 2013. S. 195-220.

In accordance with Federal law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations", as well as in accordance with the order of the Government of the Russian Federation No. OG-P44-47pr dated February 19, 2013, the Ministry of Economic Development of Russia annually monitors the effectiveness of the provision of:

Subsidies to the budgets of the constituent entities of the Russian Federation for the implementation of regional support programs for socially oriented non-profit organizations;

Subsidies to socially oriented non-profit organizations for the implementation of programs to provide information, consulting and methodological support to the activities of other socially oriented non-profit organizations, to facilitate their recruitment of volunteer labor, as well as to identify, generalize and disseminate best practices in the implementation of projects of socially oriented non-profit organizations.

The article presents the results of monitoring the effectiveness of the provision of subsidies from the federal budget to support socially oriented non-profit organizations for the period 2011-2013.

The collection contains the abstracts of the reports of the annual scientific and practical conference, held by the law faculty of the Perm State National Research University. Investigated actual problems theories of state and law, constitutional, civil, business, labor, criminal, financial law and a number of other branches.

The publication is intended for scientific and practical workers.

Part 1. Volgograd: Volgograd Scientific Publishing House, 2010.

The collection includes articles of the participants of the international scientific-practical conference "Economics and Management: Problems and Development Prospects", held on November 15-16, 2010 in Volgograd on the basis of Regional Center socio-economic and political research "Public Assistance". Articles devoted to topical issues economic, management theory and practices studied by scientists from different countries- conference participants.

Anisimova A. I., Muradyan P. A., Vernikov A. V. SSRN Working Paper Series. Social Science Research Network, 2011. No. 1919817.

This empirical article relates to competition theory and theory of sectoral markets... It examines the relationship between industry structure and competitiveness at the local rather than national level. We used micro-level data for banks in two regions of Russia, Bashkiria and Tatarstan, to calculate the values ​​of the Herfindahl-Hirschman index and the Lerner index and evaluate the Panzar-Ross model. The latter is done in two ways: through the widely used price equation, which takes into account the effect of the size of the bank, and then through the equation without taking into account the size of the bank, as proposed by Biker and his co-authors in 2009. It turns out that monopolistic competition dominates in both regional markets. although the monopoly hypothesis is not rejected for Tatarstan either. The existence of large local banks does not necessarily lead to greater competitiveness in this regional market, and the use of non-structural models for measuring competition suggests that competition between banks in Bashkiria is stronger than in Tatarstan. Moving further from the aggregate analysis, we calculated the Lerner indices for two product segments banking market Tatarstan and found out that the lending market individuals much more competitive than the corporate lending market. Local banks have more market power in corporate lending, while local branches of federal banks have more market power in corporate lending.

P. V. Trunin, Drobyshevsky S.M., Evdokimova T.V.M .: Delo Publishing House, RANEPA, 2012.

The aim of the work is to compare the regimes of monetary policy from the point of view of the vulnerability of the economies of the countries using them to crises. The work consists of two parts. The first part contains a literature review, which presents the results of studies examining the crisis-prone economies using such monetary policy regimes as exchange rate targeting, classical and modified inflation targeting. It also provides an assessment of the effectiveness of accumulating foreign exchange reserves as a tool for preventing or mitigating crises. The second part of the work - empirical - describes the methodology and results of comparing the adaptive abilities of economies, obtained on the basis of an analysis of the dynamics of key macroeconomic indicators in the pre-crisis and post-crisis periods in countries grouped by monetary policy regimes. In addition, estimates of the vulnerability of economies to crises are presented on the basis of calculating the frequencies of crises under different regimes.

The Basel Committee on Banking Supervision has initiated a discussion on best practices for avoiding excessive risk taking by bank managers. This article proposes a game-theoretic approach that describes the decision-making process of a bank manager who chooses the levels of risk and effort. If the level of risk affects the spread of future profit values, then the amount of effort affects the likelihood of a positive result. Although the effort is not observable for the bank's shareholders, the level of risk is controllable and can be measured by indicators such as capital adequacy or the level of financial leverage. The manager is assumed to be risk neutral; the binary outcome of the game with profit or loss is considered. Starting with an overview of the contract scheme, which includes a fixed and variable components of reward, it is shown that by differentiating the variable part of the reward, opportunities to stimulate the adoption of lower risks. More specifically, the variable part of the reward (the share of the bank's profit) when taking low risk should be higher in proportion to the greater variation in outcomes observed when taking high risk, in order to encourage the manager to choose a lower level of risk instead of a high one.

In this paper, a basic model has been developed that allows one to predict the possible reaction of financial institutions to stricter regulatory measures introduced by the Basel Committee on Banking Supervision (BCBS) in relation to global systemically important banks (GSSB). The context of the study is formed by the BCBS document of 2011, which sets higher capital requirements for global systemically important banks. We analyze the interaction of banks within the framework of an oligopolistic market, where demand is limited, and banks are subject to additional capital requirements imposed by the regulator. We distinguish between the announced cost of funding, which determines the size of loans issued and the interest rate in the market; and the true cost of funding, which directly affects the profit margins. We come to the conclusion that within the framework of the two-period interaction, both banks will declare the highest cost of funding, which will lead to a reduction in the amount of loans issued (which is in line with the regulator's goal), but at a cost of more high cost borrowing in the market. If the game repeats, then both banks choose a smaller loan size than in the last period when the lowest cost of funding was declared. Note that the findings are consistent with the results of the analysis of the Department of Monetary Policy and Economics of the BCBS.

The article analyzes the practical aspects of various methods for implementing the rule of transferring votes, namely, the Gregory method, including the Gregory method, the weighted inclusive Gregory method.