Dumping is generally used in period. What is dumping in simple terms. What is dumping

Dumping - the sale of goods by a company or enterprise at a reduced price below the cost level. This unacceptable method of price competition is used to support local producers and oust market competitors. As part of business protection and fair competition, the state is developing anti-dumping measures.

Anti-dumping measures are a set of measures against adherents of unfair competition.

These anti-dumping measures were established in the current text of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" 44 FZ of the Russian Federation.

Under the current legislation, anti-dumping measures on price restrictions are not provided. However, the market participant will be required to confirm good faith in accordance with 44 FZ when the price threshold is lowered by more than 25%. The customer has the right to require him to provide documentation confirming the impeccable reputation of the contractor or representative of the selling company for the period up to three years. At an annual rate this representative in 4 or more executed contracts, 75% of them must be executed without penalties and fines.

If the price is lowered from the initiative of the contractor, the requirements of the contract are fulfilled in full. If the contractor evades fulfilling the obligations under the contract, the customer is authorized not to accept the results of his work, to request operations to correct the defects. The indisputable right of the customer is the imposition of fines for shortcomings in the work and termination of the contract in unilaterally with the adoption of measures to enter the data of a negligent performer in the RNP.

Anti-dumping measures are used against imports, exports and individual entrepreneurs. Administrative measures are allowed technical type. The exception is the customs tariff.

Article 37 "Antidumping Measures in the Course of Competition and Auction"

Article 37 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" approves the methods for applying anti-dumping measures and their ordering.

According to paragraphs 1 and 2 of this article, with a 25% undervaluation of the price of services under the contract, the contractor is obliged to provide documentation confirming his conscientiousness and diligence. More than 20% of the contracts for the annual period, which were not executed according to plan and with the imposition of fines and penalties, are a refutation of the contractor's statement about the customer's readiness to fulfill obligations under the contract in full ( paragraph 3 of Art. 37).

During the competition, the procurement participant is obliged to provide information on completed contracts, as part of anti-dumping measures. The data of four or more implemented agreements are submitted to them as an attachment to the application for participation in the competition. The Purchasing Commission is empowered to accept or reject the supplier's proposal. The decision to reject is communicated to the participant no later than 24 hours after the decision is made. If the supplier (contractor, participant) does not provide documentation confirming his good faith, the contract with the contractor is signed if he ensures the fulfillment of obligations under the contract in the amount exceeding the cost of the contract by 1.5 times.

When conducting an auction considered in item 3, information is provided by the contractor in conjunction with the draft contract, signed by the contractor. If this supplier becomes the winner of the auction, but refuses to provide information about previous contracts, or provides false information, actions are taken to recognize him as having evaded the contract. A protocol is drawn up and brought to the attention of the other auction participants within 24 hours, in order to carry out anti-dumping measures.

A special case is the implementation of a competition for the design of works in the areas scientific research, technologies and scientific consulting (item 7). The customer is authorized to set a lower threshold for the value of the work performance contract, which is lower than the maximum contract price:

• less than twenty-five percent;
• more than twenty five percent.

The documentation provided by the contractor as part of the anti-dumping measures must contain a letter of guarantee from the head of production with price and quality characteristics products, if the subject of the contract are:

• Medicines;
• Food;
• Medical equipment for emergency care;
• Fuel.

The provisions of Article 37 “Anti-dumping measures during tenders and auctions” of Federal Law 44-FZ do not apply to the purchase of medicines included in the list of essential medicines compiled and approved by the Government of the Russian Federation.

Application of anti-dumping measures under 44-FZ

Anti-dumping measures are fairly easy to apply in practice both in national and international trade relations.

The application of anti-dumping measures is feasible in accordance with WTO rules:

• If dumping threatens or deters industry in a country, WTO (World Trade Organization) are authorized to take anti-dumping measures;
• The legislation allows investigations to identify harmful dumping, as a result, anti-dumping duties are introduced;
• Certain rules and a set of measures are established for conducting research and taking anti-dumping measures;
• If a certain anti-dumping measure is inconsistent with WTO rules, the exporting country may apply to the DSB with a proposal to eliminate the specific measure.

Application of anti-dumping measures to detect fraud, hiding under the guise of dumping may be next.

If the price maximum of the contract is from 15 million rubles or more, and the contractor offers a 25% lower price, then he must provide the following documentation:

• Guarantee of fulfillment of obligations under the contract, exceeding the initial stipulated request by 1.5 times;
• Information about previous contracts.

In the case of a price maximum of the contract from 15 million rubles or less, the procurement participant is required to provide only first paragraph from the previous two.

Download text FZ-44

The current text of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" 44 FZ for a detailed acquaintance with anti-dumping measures can be downloaded at

AT competition instead of trade restrictions. Given economic concept is one of the most striking manifestations of competition in this field of activity. This practice was widely used in the 30s of the 20th century. It was a period of a rather serious crisis in the economy with sales problems and increased competition in the world market.

Definition

Price dumping is the sale of any product abroad at a cost that is lower than its usual value. This can cause significant material damage to the industry that was created on the territory of the importing state.

The referred to "regular price" is the value of the analogue product at which it is sold in the state where it is produced, under the normal development of all trade operations.

An analogue product is a type of product that has characteristics similar to the specimens in question.

Calculation of the regular, or normal price

In the absence of an intrinsic value of a product, the regular price is determined by the highest value of its analogue intended for export to another country. Also, this indicator can be calculated as the sum of production costs with the addition of a reasonable amount of costs for the sale. Thus, the dumping price uses the calculation of its usual indicator, taking into account natural and acquired exporters of this type of product. Such advantages are expressed in the cost of energy carriers, the location of production, the availability of independent sources of raw materials, as well as advanced technologies.

Known material damage

The dumping price is always accompanied by material damage, which is evidence of the adverse economic consequences of importing goods at a disadvantageous value. Such negative factors occur for those industries finished products which competes with goods imported at specified prices.

Areas of use of dumping

The dumping price can be used by:

• commercial sector resources;
• government subsidies provided to exporters.

Commercial implementation practice economic activity provides for the use of such varieties of dumping:

• permanent export at a price lower than usual;
• random - temporary episodic sale of goods on the international market at low cost due to the large accumulation of stocks of goods from exporters;
• reverse, providing for the sale of goods on the domestic market of the state at a cost lower than the export value (such price dumping is used in case of significant fluctuations in exchange rates).

The dumping price in public procurement is not only a deliberate reduction in value, but it is also a certain discrimination in this area, in which they are significantly underestimated in one market while being sold at high analogues in another. Thus, the use of dumping is associated with the monopolization of markets and the use of unreasonably high prices.

Economic prerequisites for the use of dumping

Formal economic background for the implementation of dumping in practice - differences in the specific type of product in foreign and domestic markets. So, if this indicator is not achieved by the domestic market of the corresponding coefficient of the foreign market, there is a fluctuation both towards an increase and towards a decrease in prices to a lesser extent in the domestic market. Therefore, in this case, there is a foreign expansion of sales more than its domestic reduction.

Dumping makes it possible to ensure, first of all, the benefit to the exporting company, which has the opportunity to increase its share in the international market. At the same time, expenses that are associated with the domestic market are compensated. Thus, the total volume of sales increases, and this firm can receive additional profit.

Summing up what has been said in this article, it should be noted - when determining what a dumping price is, it is indicated - with a fairly successful use of the moment, exporters can receive significant income.

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From this article you will learn:

• What is price dumping and what are its signs
• What kind legislative acts regulate price dumping
• What are the types of price dumping
• What are the pros and cons of price dumping
• What are the ways to deal with the dumping of competitors

When a product is offered to the consumer at minimum prices, sometimes even below cost, there are good reasons. Among them are the attraction of a consumer audience, and the growth of sales, and the expiring shelf life of the product, and a competitive advantage in order to win a government contract. There is another most important reason for price dumping - the company's management seeks to bail out the maximum financial resources with potential bankruptcy. Using this method, you can get a very good profit, but a balanced approach is needed here, since the risks are also very high.

What is price dumping

dumping They call a phenomenon in the economy when, for existing reasons, a company artificially lowers the cost of its products so much that it becomes cheaper than the initial cost of it. Price dumping can be a tactical anti-competition move or a forced measure applied when an organization is unable to pay taxes.

Do not confuse price dumping and lowering the cost of goods, these are different phenomena.

There are certain peculiarities, by which it is possible to understand that the enterprise is this moment implements the following policies:

• First of all, price dumping in the company is carried out in relation to competitors, and in some cases, due to other reasons leading to this organization to bankruptcy.
• At the time when the company implements such a pricing policy, it cannot give a guarantee of quality to its customers, and issues of the proper level of service are also not raised.
• An important detail that distinguishes dumping is that an organization reduces the cost of its goods or services of its own free will without any outside influences.

There is a certain list of conditions for lowering prices under which they will not be considered dumping, for example:

• as part of a well-thought-out marketing move with any promotions;
• the company has decided to re-profile its business activities;
• falling cost of production costs;
• reducing the amount of costs for ensuring trade and advertising.

What regulates price dumping in Russia

Measures against price dumping in the Russian Federation are reduced to the collection from the exporter of compensation for damage to the Russian industry in favor of the manufacturer, which is implemented through an additional duty.

Anti-dumping duties

The rates for such a fee are set every time in individually. It is not assigned automatically, but is charged only based on the results of an investigation in order to confirm the fact of price dumping, and most importantly, to identify the economic damage from the importing party to the entrepreneur. The application of temporary anti-dumping duties is a kind of warning that more serious measures will be taken against the exporter. We are talking, for example, about a permanent collection, it entails significant losses for the company or even its withdrawal from the market. In addition to the listed anti-dumping measures, they also apply one when the exporter undertakes to fulfill lowest level prices (“normal cost”) or limit the quantity of products supplied. In a number of countries, price dumping is prohibited.

44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated 04/05/2013

In order for consumers to be protected from unscrupulous performers, provisions were included in 44-FZ against dumping competitors with prices. Alas, often state customers had a situation where the supplier who won the auction received an advance payment and disappeared or simply did not fulfill the clauses prescribed in the contract. Since 2013, performers must confirm their own integrity and competence.

The winner of the auction under 44-FZ is selected according to a single criterion - a low price. When the value decreases from the initial maximum contract price (IMCC) by more than 25%, the following measures are applied:

1. If the NMTsK is higher than 15 million rubles, you need to pay an insurance amount confirming the implementation of the contract, 1.5 times the cost.
2. When the NMTsK is less than 15 million rubles, there are two options:
3. also increased payment of performance insurance by 1.5 times;
4. providing information confirming that the supplier is conscientious and competent (identical contracts).

If we are talking about food products, medicines, means for providing an ambulance and medical care, oil products, the performing person is obliged to present a justification for the amount of the contract in order to avoid price dumping. Otherwise, if the information has not been provided, this organization is entered in the register of unscrupulous suppliers (RNP).

Article 37 helps to reduce the risks of customers from the state, but not to eliminate them. The number of outstanding contract agreements, litigation by companies included in the TPR, services that were provided with inadequate quality (road repairs, construction works and the like) indicate that it is necessary to reconsider the criteria when choosing a supplier.

What are the types and forms of price dumping

Now in the economy there are two kinds price dumping:

• temporary;
• constant.

When it comes to a temporary measure, it means a phenomenon in the economy of an enterprise, when the cost, reduced to the limit, is set by the manufacturer for a short period: from a couple of weeks to several months. To achieve the main goal, such a policy is ideal.

Constant dumping means a situation where low prices are artificially set by the manufacturer for a long time: from a couple of months, but up to a maximum of a year, otherwise the company will simply go bankrupt.

In addition to the above types of cost regulation, there are also various forms, appearing as a result of various circumstances, which will be discussed below.

• sporadic dumping. When using this tool, the prices for a certain part of the company's products are underestimated as much as possible. As a rule, we are talking about surpluses, marriage or the so-called regrading. The success of the technique directly depends on the prices of the domestic market - when they are lowered, the entrepreneur cannot fully sell his product and suffers losses.
• Deliberate price dumping. With this policy, the firm lowers the cost of production on its own, based on main reason– elimination of competition in its niche of goods and services. At the same time, it is trying to become the only player in its market, in fact, striving for full or partial monopolization. It often happens that a company lowers prices not just below cost, but even below all costs. This is undoubtedly a big risk, but with success, the organization reaches a completely different economic level.
• Mutual price dumping. Under this form of cost regulation, a number of countries place certain products on the market at the same low prices. Such a policy is actively supported by the European Union, especially since it is relevant only in certain time periods. This kind of instrument is favorable for both exports and imports, and countries use it to improve their trade relations.
• Constant dumping. Here, the minimum cost of products for the buyer is set until the complete liquidation of the goods, and it is always no higher than production and advertising costs.
• Reverse dumping. With this format, the cost of imported products is higher than the prices in the domestic market, and we are talking about the same product. For example, consider the picture when Russian Federation imports gas, while some European countries resell it to Western countries at a much higher price.

It should be noted that such types of price dumping as reverse and mutual are extremely rare. After all, the first can easily raise a wave of bewilderment, and the second can easily lead to the loss of one or both countries. For these reasons, such forms are used very rarely and in case of urgent need, for example, in a financial crisis.

When is price dumping applicable?

The dumping price is used due to:

• financial sector resources;
• subsidies from the state, which are provided to exporters.

Price dumping in public procurement is not just a deliberate reduction in the cost of a product, but also a kind of discrimination in certain niches, where the cost is significantly underestimated in one sales channel and at the same time overstated in another. So, the use of such an economic tool as dumping leads to the monopolization of markets and the use of unreasonably increased prices.

Price dumping makes it possible, first of all, to ensure the benefit of the exporting organization, because it now has the opportunity to increase its share in international sales. At the same time, all expenses in the domestic market are compensated. So, it turns out that the total sales volume is growing and the company receives additional profit.

You can apply price dumping in the following cases:

• To fill a niche

The company comes to a new region, and the market is already divided among local players - in this case, price reduction is justified. In practice, one can see how in large federal networks of household appliances, cosmetics, mobile operators, the trust of customers was won by the fact that organizations invested heavily in advertising and used price dumping of competitors, conveying to the consumer that everything is offered almost for nothing.

• Get a client in the piggy bank

This technique is used by organizations working in the fields of B2B and B2G. Unlike the B2C segment, especially in retail, where the illusion of “low cost” needs to be maintained, commercial and government demand has its own concepts of pricing.

Providing a product, providing a service or performing work for key client gives the opportunity to gain trust, increase the rating and development of the company. Price dumping here can be implemented for the possibility of providing on the site thank you letter from a serious corporation, or, for example, placing a logo in the Work Experience section.

Gold mining firms, oil and gas companies, large federal structures often buy goods from medium and small businesses at the lowest prices.

• Seller Attachment

There are very strong ties in the business that are dear to the seller. In these cases, price dumping is not uncommon. Despite the fact that selling a product or service at a lower cost may cause losses, the supplier does not give the client to another organization.

• To unload the warehouse

The company incurs certain costs for warehousing goods. It happens that in the planning department a category of goods is recruited, which is sold extremely slowly. Sometimes it becomes more profitable to sell stale products cheaply by dumping prices than to wait better times. This tactic is often used by food manufacturers, and it is also used by software distributors.

• grab a piece

In times of crisis, entrepreneurs in small businesses have to get out to fully secure a bank account in cash. If we analyze purchases under 44-FZ, we will notice a trend towards price dumping by 50-70% for small businesses (SMEs). Usually young companies with an annual turnover of up to 30 million rubles resort to this method.

• Lure buyers

When the market is already saturated, the assurance that it may be even cheaper than it is now attracts retail customers. Consider as an example the now very popular online store Chinese products, which, when entering our territory a couple of years ago, greatly reduced the cost non-food items, that is, applied price dumping. Souvenirs, clothing items, shoes, children's toys, household appliances and so on delivered to the inhabitants of the Russian Federation virtually for free. Over time, prices rose, but the consumer who came from American and European online stores remained.

What are the pros and cons of price dumping?

It may seem that price dumping is a useful phenomenon in the economy in any way. Lowering the cost of goods enables people to purchase items that they could not afford before.

First of all, let's see what are benefits of dumping:

• This technique can be useful for small businesses or beginners. Every entrepreneur faces large quantity difficulties at the beginning of their activities, because the market in most cases is already occupied by similar companies that are firmly entrenched in their niches. Dumping competitors with prices gives good chances for business newcomers to take root in the market segment and gain a foothold in it.
• Also, by reducing the cost of goods and services on the market, it is possible to "push" any new products, which at first the consumer may be distrustful of. However, lower prices will play their part, and curiosity will take over. In addition, dumping can stimulate the sale of any other product, drawing attention to it with an ultra-low cost. Also, a company that has begun to pursue such a policy can significantly reduce its advertising costs, since at reduced prices the product promotes itself.
• And the undoubted advantage of dumping is that it does not require any costs. With a favorable outcome, that is, with the sale of all goods, the company expects a new stage of development.

However, dumping competitors with prices has its own minuses:

• First of all, a significant reduction in prices, especially if they fall below all costs, necessarily affects the company's income. Naturally, dumping will be followed by a significant drop in profits, however, if all products are sold in accordance with plans, this money hole can be reduced, or even completely bypassed.
• In addition, prices are usually dumped by one company in the niche of a particular product. Of course, this is unlikely to please competitors. Get ready to take a hit, as a collapse in prices in one organization may well be followed by a sharp drop in the cost of products in another. Such a turn may have a negative impact on the firm that started dumping first.
• It is also important to understand the fact that a consumer delighted with low prices can still begin to suspect the product of poor quality. When the dumping is over, some of your customers will no longer look at this product, considering it to be low-quality, and the cost is exorbitantly high. In general, the actions that the organization will take after the price of goods returns to its original value determine the future path in business, both small and large.

What could be the reaction of customers to price dumping by a competitor in the wholesale trade

If you, as a current or potential contractor, were informed by the customer about price dumping from competitors before concluding a contract, this is very good. This means that for this client you are more than an ordinary supplier of some product, and he seeks to maintain or establish relations with you. Let's see how partners can react to competitors' prices that are lower than yours:

• Hooray, we are choosing another supplier!

Apparently, this client is not yours. Or you just don't know how to work with customers.

• Give me the same low prices as a competitor.

These extremely difficult situations can have a number of reasons. In one case, your client is sufficiently qualified and reasonably requires you to dump prices. Without serious consequences for himself, he may simply stop working with you either in the long term or right now. When you do not have substantiated substantial counter-arguments that in the foreseeable future it will be unprofitable for this client to do business with you, then most likely these are your previous shortcomings in the relationship with this partner. In the same case, when your product is not better for the customer than the competitor’s product, your miscalculations are also the reason.

• Why are your prices higher? How are you different from cheap?

When a client is constructive, it's always nice. After all, a clear, business-like point of view makes it possible to correctly position oneself in relation to a competitor and lay the foundation for strong relationships.

• So what if the prices are lower somewhere?

In this case, your relationship with the client is so favorable that price dumping from competitors will not be a problem for you.

5 rules for those who decide to dump prices

Rule number 1. Don't cut prices just because everyone else is doing it. However, reality should not be ignored. Usually, sales managers of their companies are the first to report the collapse in prices, and they suggest that the authorities take retaliatory measures. The management first of all in this case checks the reliability of the received data.

For example, ask your customer: “Which firm lowered the cost and by how much?” In the event that the client does not name the company, such information about the competitor's price dumping should be considered unreliable. And if the buyer pointed to the organization, you need to further find out the truth.

It is worth talking with other consumers, analyzing the dynamics of their purchases in the company (did their volume fall?). You can also use competitor scouting techniques, such as trying to communicate with them on behalf of a fictitious company. If the information is confirmed and when other methods fail, then price dumping is inevitable.

Rule number 2. Get creative with price cuts. The creative approach does not imply any algorithms, however, there are some working ideas, for example, the principle of asymmetry. It can be implemented in dumping in the following way: the company lowers the cost not of the same product as that of a competitor, but of the one that brings him the greatest profit. By doing this, you will strike at the basis of the opponent’s financial stability, and he will be forced to consider how expedient it is to continue this price war.

Rule number 3. It's about the sale. Each sale must have an objective reason, and it must also be strictly limited in time. Otherwise, your customers perceive the reduced prices not as temporary, but as permanent. In the future, it will be very difficult to increase them.

Rule number 4. Reduce prices only in a mature market. About unsettled economic relations we can speak in the case when suppliers are not identified, there are no permanent buyers yet, just as there are no channels for disseminating information between them. Dumping prices in such a situation is extremely unreasonable: the consumer will not know in a timely manner about your actions.

Rule number 5. Make sure the end user benefits. This, however, is not so often realized with price dumping. But if possible, try to make sure that discounts do not settle with intermediaries. Your partners should receive them in order to increase the purchase volume by attracting new customers and increasing sales to their regular customers.

In other words, you need to ensure that the intermediary, that is, your client, has earnings from turnover, and not from profit.

It is also worth paying attention to the following. When the price of a certain product in the market is steadily declining due to price dumping by some competitors or for other reasons, then you are probably forced to lower it as well. However, before doing this, try to come up with the following option with the customer: the amount of your contract remains unchanged, and you will increase the number of products. In the event that your partner agrees to such conditions, you increase sales in the company and improve the sales structure for this client.

How to respond to price dumping from competitors

Having understood the motivation of the company applying this strategy, and the reaction of consumers to this situation, it is realistic to predict the most likely consequences. Price dumping can lead to both negative and positive results.

Operational measures

The strategy for countering price dumping depends more on the motivation of the firm using this method than on the perception of lowering the cost of goods by your customers. After all, buyers do not always have the opportunity to quickly change the supplier, despite their interest in this. They do not often manage to quickly receive data on new interesting offers. As a rule, customers do not make quick decisions, as they are interested in the stability of supplies, long-term cooperation. Nevertheless, sellers, as a rule, quickly receive information about the affairs of competitors, including price dumping, and they are simply obliged to predict the further course of events several steps ahead, trying to avoid unpleasant turns for the company as much as possible.

Therefore:

1. When a competitor leaves the market, it should be considered a favorable event. The remaining companies (if any) financial stability) in this case, you just need to wait out the price dumping season, avoiding panic among key players in your segment of goods and services. You are unlikely to be able to convince the outgoing organization not to use such tactics, but it is very likely that you can combine the efforts of other suppliers to develop adequate measures. This is many times more effective than trying to deal with a collapse in prices of a competitor alone. The right step will also be your desire to involve the manufacturer to solve the current situation.
2. When a newcomer is looking for his place in the market, it is necessary to evaluate how a newly appeared competitor can disrupt the implementation of the plans of your particular company. It is very likely that for a number of reasons this company, by applying price dumping, will be able to weaken your common opponents (but not you). This should definitely be considered a good factor.
3. In the event that a dumping attack is aimed specifically at your organization (or at you and other firms), then you will have to act quickly and according to the laws of war. Promptly attract possible allies to all the weak links of the new competitor, remaining, however, within the framework of the right field.

Policy measures

When developing a strategy, pay full attention to how customers perceive competitor's price dumping and your company as a supplier with a higher value bar. Ask your customers for what reasons they are now cooperating with you and whether they have plans to continue the relationship after a year, two, three. Of course, your goal in this case will be that the price is not the main factor influencing the client. This will give you the opportunity to consider not only the problem of your competitors' price dumping as a given, but also bring stability to the general development your organization.

In order to separate your products from identical ones, without greatly reducing the profit margin, it is important to understand what exactly the client values ​​​​in his relationship with you, not counting the product or service supplied to him. You can then convert this value into additional income. This kind of work should be carried out gradually, while constantly analyzing the relationship between your competitors and their customers.

Methods for eliminating the problem of price dumping have already been created and are available to most successful organizations. And if he still bothers you in some way, then it’s time, apparently, to stop working according to the usual patterns. It is time to take a closer look at the technologies of cooperation with clients that are used by market leaders.

According to the previous law on the placement of government orders (Law No. 94-FZ of July 21, 2005), the main criterion for selecting suppliers and contractors was the price they offered. Contracts were concluded with merchants whose bids were the lowest. In practice, this turned poor quality delivered products, failure to meet deadlines and other troubles for the customer. Anti-dumping measures under 44-FZ, the law of 04/05/2013, which entered into force in January 2014, are designed to prevent such situations by preventing auction participants from artificially lowering prices.

Barriers to dumping

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

Therefore, anti-dumping measures are applied under 44-FZ justifiably and not by chance. Their main goal is not to allow suppliers and contractors to win tenders due to unfair (artificial) price reduction for the goods and services offered. It is achieved in two ways (Article 37 of Law No. 44-FZ):

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

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

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

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

The criteria for the conscientiousness of the participant are determined by paragraph 3 of Art. 37 of the said law. In particular, within a year or within three years prior to the filing of the current application, he must fulfill in good faith at least 3 contracts (without fines and penalties). Or within two years - at least 4 contracts, of which at least 75% were executed without any complaints. The information is checked against a special Register. At the same time, at least one of the previously concluded contracts must be at least 20% of the price of the planned contract.

Application of anti-dumping measures under 44-FZ

So, anti-dumping measures contribute to "cutting off" from competitions and auctions of merchants, for whom the main thing is to conclude a contract, and not to fulfill it. However, they apply only in certain cases.

Additional restraining measures are necessary if the procurement participant significantly reduces the initial or maximum contract price - by at least 25%. But there are a few exceptions to this rule.

It should be noted that the above restrictions that prevent artificial low prices apply only to tenders and auctions, where state structures act on the side of the customer. Anti-dumping measures under 44-FZ are not covered by the request for quotations and proposals.

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

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

Anti-dumping measures under 44-FZ: calculation example

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

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

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

An unscrupulous supplier who submitted a lower price in an auction or tender for consideration by the customer could win. But after the adoption of the described law, anti-dumping measures were taken, which means that each performer will be checked if he offered a lower price than other participants.

Art. 37 of Federal Law 44 consists of 12 paragraphs. The last changes in the article were made on June 4, 2014, when Federal Law No. 140 was adopted. With the last changes, paragraph No. 12 was added to the article. Article 37 describes the implementation and use of anti-dumping measures during procurement auctions and competitions.

First point. When the monetary amount of the contract is estimated at 15 million rubles or more, and the procurement participant (buyer) proposes to change the price by 25% lower, anti-dump is applied. measures. This means that the contract can only be signed and implemented if the participant who offered the price reduction guarantees the implementation of the order by increasing the money guarantee by one and a half times. The conditions are detailed in the contract. If an advance payment is indicated in the contract, then the amount should not be less than it.

In part 2 of Art. 37 of law 44 described the same situation as in the first paragraph. When the NMTsK is 15 million rubles or more, and the buyer offers a price lower by 25% or more, anti-dumping measures are applied. In contrast to the information provided in the first paragraph, in the second paragraph, instead of a monetary guarantee, the participant is invited to provide special documentation confirming his good faith. The papers must be new, relevant at the time of signing the contract.

In the third paragraph The described article contains information about the securities provided by the participant in the transaction to confirm his good faith. The information that he provides to the other party to the transaction must be registered in a special register and meet certain requirements.

Among these requirements:

• The supplier must complete three or more orders within one year, the contracts must be executed and closed. The information should not contain information about penalties, fines, violations, etc.;
• The supplier also has the right to provide papers containing information on fulfilled obligations under 3 contracts within three years. The information about the supplier should also not contain information about any fines or violations;
• The supplier can provide the customer with information on 4 or more completed transactions executed within two years. 75% of these contracts should not have any information about fines, penalties, violations or poor performance of obligations.

The third paragraph says that the main requirement of anti-dumping measures is the ratio of the value of one contract, equal to the value offered by the supplier, not less than 20%.

In the Federal Law 44 h. 4 Art. 37 information is issued that if the customer holds a tender, then the information described in paragraph three must be attached along with the application for participation in the tender. If the information attached with the application is not officially confirmed, the inspection commission has the right to reject the supplier's request. However, the commission is obliged to explain to the bidder the reasons for rejecting the application and describe them in the verification protocol. After signing the protocol, the commission is obliged to notify the supplier of the rejection of the application within one working day. This paragraph also confirms the information drawn up in paragraph 1. If the supplier has not provided information about his own good faith, then he is obliged to pay a cash guarantee 1.5 times the amount of the contract performance security to participate in the tender.

Fifth point. This paragraph says that if the customer arranged not a tender, but an auction, the information described in paragraph three is provided by the supplier to the customer at the time of transfer of the signed contract. If the contractor did not provide the buyer with information about his own good faith when transferring the signed contract or if the verification commission determined that the information provided by the winner of the auction is unreliable, then the supplier will be recognized as having evaded signing the contract and fulfilling obligations. All information will be entered by the commission into the minutes and added to the appropriate register.

Sixth point. This paragraph describes that the information or payment included in paragraphs 1 and 2 must be provided by the contractor before the conclusion of the contract. As in the fifth paragraph, failure to comply with this condition of the law is considered an evasion from concluding a contract and fulfilling one's own obligations. According to the article 37 described, information about the supplier is recorded by the commission in the protocol and sent to the register, all participants in the tender or auction are notified.

In the seventh paragraph of Article 37 information is provided separately for orders that require scientific, research, design, scientific and technical work and consulting services. Thanks to anti-dumping measures, the customer has the right and the opportunity to draw up methods for evaluating the order in a tender or auction.

The customer is only entitled to this if:

• The price in the contract is 25% lower than the NMTsK;
• The price in the contract is more than 25% lower than the NMTsK.

In the eighth paragraph information was issued that anti-dumping measures would be applied to contracts where the offer price was higher than 25% below the NMC of the contract. In such cases, the decision was to appoint a price offer in the amount of 10% of the sums of the values ​​of other evaluation criteria drawn up in the contract.

In part 9 of Art. 37 of law 44 information on the application of anti-dumping measures in contracts for the supply of goods was issued. If in the case of an order for any product, the price for execution offered is more than 25% lower than the NCMC, then the participant who offered the price is obliged to provide confirmation of it.

The supplier provides the following list of securities:

• Warranty cards with information about the manufacturer of the goods, as well as a description of the cost and volume;
• Calculation plan and other documents with evidence that the supplier fulfills obligations on time and at the proposed price;
• Documents with proof that the participant owns the goods.

Tenth point. In the tenth paragraph, cases are documented when, when introducing anti-dumping measures, a participant is obliged to provide confirmation of the price he proposes to fulfill the obligations of the contract:

• Provision of confirmation occurs by the procurement participant when the price offered by him is lower than the NMTsK by 25% and higher when applying for participation in the tender. The information is checked by the commission, the application is rejected by it, and all information about the supplier is entered into the protocol, and then into the register;
• The confirmation is provided by the procurement participant who sent the signed contract to the customer in the event of an auction. If the contractor has not sent the signed contract, he will be considered a violator who has evaded fulfilling his obligations, and anti-dumping measures will be applied to him.

At point 11 of the described article it is written that anti-dumping measures and liability are applied to the participant in full, without concessions, if he was recognized by the commission as having evaded the conclusion of the contract.

According to the latest edition of Article 37, it was added item number 12 . It says that anti-dumping measures do not apply to participants purchasing medicines vital for the population.

Download the current version of the Public Procurement Law

Article 37 of Federal Law No. 44 was adopted to regulate and control contract prices. This article regulates the processes and measures by which it is impossible to artificially underestimate or overestimate the value of contracts during auctions or competitions. For a more detailed study of the possibilities of procurement, it is recommended to read the described law.

You can download the text of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"