The government has revised fines for violations of government orders. New rules for calculating penalties and fines under government contracts What does it mean that a contract does not have a value expression?
Oksana Balandina, chief editor of the State Order System
From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.
Penalties in contracts must be calculated according to new rules
From September 10, customers will calculate fines for poor quality work under the contract according to new rules. The government is canceling Resolution No. 1063, according to which fines are now calculated, and introducing new rules.
The counterparty can be fined for each violation of the terms of the contract. Previously, the question of “how many times can a supplier be fined under one contract” was not resolved, and the parties resolved disputes in court. The total amount of fines must not exceed the contract price. The rule is true for both the customer and the counterparty.
We have increased the number of contract price options used to calculate the fine. Customers set the fine as a fixed amount, which is calculated as a percentage of the contract price:
10 percent for a contract price of up to 3 million rubles;
5 percent - from 3 million to 50 million rubles;
1 percent - from 50 million to 100 million rubles;
0.5 percent - from 100 million to 500 million rubles;
0.4 percent - from 500 million to 1 billion rubles;
0.3 percent - from 1 billion to 2 billion rubles;
0.25 percent - from 2 billion to 5 billion rubles;
0.2 percent - from 5 billion to 10 billion rubles;
0.1 percent - above 10 billion rubles.
According to the rules that are in force now, the fine for any contract price is over 100 million rubles. is 0.5 percent of the contract price.
Another innovation is separate fines for purchases from SMP and SONO:
3 percent - at a price of up to 3 million rubles;
2 percent - from 3 million to 10 million rubles;
1 percent - from 10 million to 20 million rubles.
We introduced a separate scale of fines for contractors who won the procurement for the right to conclude a contract, that is, when the customer holds a tender to increase the price. The price of such contracts cannot exceed 100 million rubles. (clause 1, part 23, article 68 of Law No. 44-FZ). The fines will be:
10 percent of the NMCC, if the NMCC does not exceed 3 million rubles;
5 percent - for NMTsK from 3 million to 50 million rubles;
1 percent - for NMTsK from 50 million to 100 million rubles.
These fines must be indicated in the draft contract that you conclude following the auction. If the participants reduce the contract price to 0.5 percent of the NMCC, then the operator of the electronic platform will hold a tender for the right to conclude a contract (Part 23, Article 68 of Law No. 44-FZ).
There are cases when the counterparty does not fulfill obligations without a value expression. The amount of the fine is specific amounts, not percentages of the contract price:
1000 rub. - the contract price does not exceed 3 million rubles;
10,000 rub. - from 50 million to 100 million rubles;
If the counterparty engages a subcontractor to perform work that it must perform independently, the fine will be 5 percent of the cost of the work. The amount of the fine remained the same, however, an amendment was made to the Government of the Russian Federation Decree No. 570 dated May 15, 2017: the amount of the fine must be taken into account not according to the rules of the Government of the Russian Federation Resolution No. 1063 dated November 25, 2013, but according to the new Decree of the Government of the Russian Federation dated August 30, 2017 No. 1042.
The counterparty will pay a fine if it should involve subcontractors from SMP and SONO, but does not do so. The fine will be 5 percent of the volume that the subcontractor must complete.
Customers will now pay specific amounts for violations of the contract, rather than a percentage of the contract price:
1000 rubles, if the contract price does not exceed 3 million rubles;
5000 rub. - from 3 million to 50 million rubles;
10,000 rub. - from 50 million to 100 million rubles.
100,000 rub. - above 100 million rubles.
The new rules need to be applied only to those procurements, notices of which were published in the Unified Information System after the day the new rules entered into force. The resolution will come into force on September 9, 2017.
Paragraph 6 of the Decree of the Government of the Russian Federation dated August 30, 2017 No. 1042 establishes that for each fact of non-fulfillment or improper fulfillment by a supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a value expression, the amount of the fine is established (if there are such obligations in the contract) in the form of a fixed amount.
Thus, paragraph 6 of this resolution applies in cases where the amount of damage cannot be determined initially, for example, warranty obligations for supplied equipment, it is initially impossible to predict that during operation there will be a need to repair all equipment or only certain spare parts
Magazine "Goszakupki.ru" is a magazine on the pages of which practical explanations are given by leading industry experts, and materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All articles in the magazine are of the highest degree of reliability.
Date of: 05.09.2017
At the end of August 2017, the Government of the Russian Federation established new rules for determining the amount of fines and penalties for the execution of contracts concluded under 44-FZ 1. These rules replaced the old ones, established back in 2013 2 . Let's consider what changes the size of fines will now have to be specified in contracts.
The differentiation of fines depending on the contract price has become wider, while maintaining the general logic “the higher the price, the lower the penalty interest.” Thus, for each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract, with the exception of delay in fulfilling obligations (including warranty obligations) stipulated by the contract, the amount of the fine is established in the form of a fixed amount of 10% of the contract price (stage ), if the contract price does not exceed 3 million rubles, up to 0.1% of the contract (stage) price, if the contract price exceeds 10 billion rubles. There are 9 values in total, and in the previous rules there were 4 (from 10% to 0.5%). Please note that the new rules are not just about non-fulfillment or improper fulfillment of obligations, but about each fact of such an event, and for each such fact a fine is provided. We also note that now the amount of the fine is calculated not only from the price of the contract, but also from the price of a separate stage of the contract, if the contract provides for stages of its execution.
A separate scale of fines is provided for suppliers (contractors, performers) executing a contract concluded as a result of direct targeted purchases from SMP and SO NPOs 3 . This scale is both less differentiated and more “gentle” - for example, the maximum “penalty share” is only 3% of the contract (stage) price if the contract (stage) price does not exceed 3 million rubles. Let us note here one possible problematic point - the procedure for calculating the fine provides for a maximum contract price of 20 million rubles. (a fine of 1% of the contract price), since NMCC for direct targeted purchases from SMP and SO NPOs cannot exceed this amount. However, 44-FZ allows in certain cases to increase the price of a concluded contract by 10% 4 , so if, say, with such an increase, the contract price begins to exceed 20 million rubles, then uncertainty arises as to how much the fine should then be calculated.
In addition, if the contract provides for the provision of civil liability of suppliers (contractors, performers) for failure to fulfill the condition of involving subcontractors (co-executors) from among SMP and SO NPOs in the execution of the contract in the form of a fine, then the amount of the fine will have to be set at 5% from the volume of such attraction established by the contract.
A separate scale of fines has been introduced in relation to contracts concluded with the winner of the procurement who offered the highest price for the right to conclude a contract (this case may occur during an electronic auction 5) - depending on the size of the contract, the fine ranges from 10 to 1% of the size of the NMCC .
Separate fines are provided for each act of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a value expression (if there are such obligations in the contract). The amount of the fine here is set in absolute values; depending on the contract price, it ranges from 1 thousand to 100 thousand rubles. The question of what kind of “non-value” obligations these may be deserves special attention. There are no explanations on this matter in the regulatory legal acts under consideration, but according to common sense, such obligations may include, for example, obligations to supply goods in whole and not in parts; After the provision of services, within a certain period of time, provide the customer with documents confirming the fact of provision of services, etc. In any case, it is advisable to directly indicate in the contract those obligations of the supplier (contractor, performer) established in it, in respect of which these fines may be applied.
As for fines against the customer, the new rules have changed the approach to determining their size - now they should be established not depending on one or another percentage of the contract price, but in specific absolute values. Thus, for each fact of failure by the customer to fulfill obligations stipulated by the contract, with the exception of delay in fulfilling the obligations stipulated by the contract, the amount of the fine against the customer will range from 1 thousand rubles, if the contract price does not exceed 3 million rubles, to 100 thousand rubles ., if the contract price exceeds 100 million rubles.
The calculation of penalties in relation to suppliers (contractors, performers) has been simplified. Now it is simply accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract, in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force on the date of payment of the penalty from the contract price, reduced by an amount proportional to the volume of obligations stipulated by the contract and actually fulfilled supplier (contractor, performer). No complex calculations of the amount of fines, as in the old rules, should no longer be applied. Let us recall that in relation to the customer, the amount of the penalty is determined in accordance with the rules specified directly in 44-FZ: the penalty is accrued for each day of delay in fulfilling the obligation provided for in the contract, starting from the day following the day of expiration of the deadline for fulfilling the obligation established by the contract, and is established by the contract in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force on the date of payment of penalties from the amount not paid on time.
The new rules also establish that the total amount of the accrued penalty both in relation to the supplier (contractor, performer) and in relation to the customer cannot exceed the contract price.
In conclusion, we point out that the new rules for determining the amount of fines apply to relations related to the procurement of industrial and industrial materials to meet state and municipal needs, notices of the implementation of which are posted in the Unified Information System in the field of procurement or invitations to participate in which are sent after the day the Government Decree comes into force of the Russian Federation, which approved these new rules. This resolution was officially published on the portal www.pravo.gov.ru on 09/01/2017 and comes into force 7 days after publication, that is, from 09/09/2017. Thus, starting from this date, when posting procurement notices and related documentation in the Unified Information System, it is necessary to ensure that the content of these projects complies with the new rules for determining the amount of fines.
1 Decree of the Government of the Russian Federation dated August 30, 2017 No. 1042 “On approval of the Rules for determining the amount of the fine accrued in the event of improper performance by the customer, non-fulfillment or improper performance by the supplier (contractor, performer) of obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor) , contractor), and the amount of the penalty accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract on amending the Decree of the Government of the Russian Federation of May 15, 2017 No. 570 and invalidating the Decree of the Government of the Russian Federation dated November 25, 2013 No. 1063.”
2 Decree of the Government of the Russian Federation dated November 25, 2013 No. 1063 “On approval of the Rules for determining the amount of the fine accrued in the event of improper fulfillment by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract.”
3 In accordance with clause 1, part 1, art. 30 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
4 pp. “b” clause 1 part 1 art. 95 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
5 In accordance with Part 23 of Art. 68 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.”
A particular challenge in cost-benefit analysis in the public sector is the assessment of costs and benefits that do not have market prices. For example, the problem is estimating the cost of a saved life when analyzing the effectiveness of a project in the field of public health, or estimating the cost of preserved wildlife, rare plants when considering an environmental protection project, or the cost of time saved. Thus, the difficulty is estimating the value of time, estimating the cost of living, estimating the value of natural goods.
To solve this problem, various procedures and methods for valuing goods that do not have a market price have been developed.
In some cases, we may be able to make estimates based on indirect information provided by the market. It refers to estimating the value of time. The price of saved time must be included in the assessment of benefits when analyzing the effectiveness of government expenditures aimed at the construction of roads, railways, and subways. One of the options for calculating this type of benefit is related to the assessment of time as the equivalent of lost or acquired wages.
Each of us is expected to make a choice between more work and more rest. Giving up one hour of work means reducing income and the corresponding consumption of goods by the amount of this income. At the same time, this means purchasing an additional hour for rest. The cost of time is estimated in the amount of lost wages. For example, when building a new metro station, you save half an hour in travel time to your place of work. With an hourly wage of 100 rubles. the price of saved time will be 50 rubles.
This approach to time estimation has its drawbacks. In particular, it does not take into account the fact that people are not very free to choose between work and leisure. Some would prefer additional work, but cannot find it. It turns out that when assessing time in terms of possible wages, the price of free time is overestimated. Many people value their free time less.
At the same time, someone would prefer free time, but is forced to earn extra money. In other words, some believe that approaching the valuation of time in terms of wages, on the contrary, leads to an underestimation of the value of free time.
There are examples of both underestimation of the value of time and its overestimation. For example, the price of a university professor's free time is higher than his salary, i.e. his free time is undervalued. Firstly, because his salary is relatively small, and secondly, there are non-monetary benefits that the professor receives in his free time. On the other hand, a miner's high wages may lead to an overestimation of the value of his free time.
Thus, time valuation assumes that:
§ a choice is made between work and free time (rest),
§ the cost of time is assessed in the amount of opportunity costs of free time (lost wages),
§ people are often not free to choose between work and rest,
§ there is both an underestimation of the value of time and its overestimation.
A similar technique is used when assessing the cost of living . In principle, life is priceless; none of us, even in a nightmare, would even want to think about how much the lives of people close to us are worth. But society in many cases is forced to engage in this assessment. A striking example is the need to estimate the cost of a life saved by analyzing the costs and benefits of a road traffic accident reduction expenditure project, a public health project that reduces morbidity and mortality.
| In the USA, the conditional estimate of the cost of living of an air passenger (US citizen) is set at $3 million and it is revised to take into account inflation; in 1997 it was estimated at $2.7 million. The calculation method takes into account factors such as age, education, work and annual income. Relatives of Americans who died as a result of the terrorist attack on the United States on September 11, 2001 received from 250 to 7 million dollars. The amount of compensation was calculated based on the employee’s potential income as a result of career advancement - the so-called. "growth rate". In France, insurance compensation must fully cover all types of losses incurred by the injured party: it takes into account not only payment for treatment, compensation for physical and moral damage, suffering associated with them, but also loss of lost income. In addition to compulsory insurance (social, automobile, property, etc.), there is a system of special funds for the most unforeseen cases - natural disasters, unforeseen situations on roads (roe deer), etc. at the expense of part of the contributions from compulsory insurance systems. |
The need to assess the cost of living arises due to the limited resources of society and the many options for using these resources. Even in the case of projects aimed at preserving human life, the likelihood of a positive outcome may be very small. At the same time, the economic feasibility of the project decreases.
Basically, when estimating the cost of living, the following methods are used: the imputed income method, the revealed preference method.
Imputed income method used primarily to estimate the cost of living during the working period of the life cycle. It is based on an estimate of how much a person could earn if he remained alive and eventually died of natural causes. His past earnings are reproduced in the future.
This method also has its drawbacks. One of them is that the cost of subsistence and the cost of living are regarded as one and the same, subsistence and life are equated. Life is a complex, multifaceted and multidimensional process. There are many aspects of life other than livelihood that are not taken into account in this technique. Producing income is not the meaning of life for many people, so it cannot be the basis for assessing the cost of living.
Another disadvantage of the imputed income method is that it effectively ignores such an important period of the life cycle as life after retirement. During this period, a person does not earn money. It turns out that within the framework of this methodology, life after retirement has no value.
Thus, estimating the cost of living using the imputed income method:
§ is based on an estimate of how much a person could earn if he were alive,
§ assumes that past income is reproduced in the future,
§ regards the cost of subsistence and the cost of living as one and the same,
§ does not evaluate life after retirement.
Revealed preference method approaches the assessment of the cost of living somewhat differently. The name of the method is associated with determining preferences when choosing a profession. People, when choosing a profession, choose the degree of risk of accident associated with this profession. The high degree of risk is compensated by higher wages. High risk and high salary, low risk and lower salary - these are preferences that are identified and determined when choosing a job and profession. The work of a professor and a miner provide contrasting examples of revealed preferences for risk and level of income.
The method under consideration estimates the cost of living based on how much additional income is needed to compensate for the higher risk of an accident. Many people believe that the disadvantage of the revealed preference method is that it underestimates the value of human life. As a rule, people have little idea of the real risks that await them in the future. In addition, even knowing about the dangers that await them, people try not to think about it and hope for a successful outcome.
Examples of actual cost of living estimates can be given. Obviously, these estimates differ significantly. Thus, in the early 2000s in the United States, the cost of living ranged from 4 to 9 million dollars (in 2000 prices) per life. US government regulators use data from a variety of assessments. EPA estimates are higher than DOT estimates.
Extrapolation of American data when assessing the cost of living of a Russian shows that the cost of living of a Russian is approximately 3 times lower than that of an American, i.e. ranges from 1.3 to 3 million dollars.
There is debate about which metric to use when assessing the costs and benefits of government projects. Those who oppose a single cost-of-living assessment believe that different circumstances of death need to be taken into account. In particular, take into account that death can occur as a result of actions associated with voluntary risk. For example, driving a car involves the risk of an accident; when getting behind the wheel, a person knows this.
The difficult question is whether the cost of living of a child is different from the cost of living of an adult who has reached 30 years of age, or from the cost of living of an old person who has lived 80 years. This problem arises, for example, when considering government projects in the field of public health. In particular, it is known that the forms of cancer in children differ from the forms of cancer in the elderly. There are two government cancer research programs that study the disease in different age groups. Choices have to be made about how much to fund these programs in the face of limited government resources. In order to effectively use public funds, an analysis of the costs and benefits of both programs is necessary. How to proceed?
In general, the cost of living assessment using the revealed preference method assumes:
§ determination of preferences when choosing a profession,
§ choosing a profession is a choice of the degree of accident risk associated with this profession,
§ assessment of the cost of living based on what additional income is needed to compensate for the higher risk of an accident,
§ underestimation of the value of human life.
Valuation of natural goods also poses a challenge in cost-benefit analysis of public expenditure projects. Due to environmental pollution, society incurs significant costs for its protection and restoration. Any environmental protection project involves assessing possible outcomes in monetary terms in conditions where the market does not provide the necessary information. In addition, the problem of assessing the value of natural goods, such as clean air, unpolluted water, birdsong in the morning forest, green flowering meadow, arises when assessing the damage caused to nature by enterprises.
In the spring of 2005, residents of Moscow and the North-Western Moscow region were concerned about the pollution of the upper reaches of the Volga in the area of Rzhev. This happened as a result of an accident at an oil storage facility. Pure Volga water, which enters the water supply system of residents of Moscow and the Moscow region, was mixed with oil for many kilometers along the river, the meadows were spoiled, and fish began to die. The question arose about compensation for the damage caused. And this requires a cost estimate of the damage.
In practice, when assessing the value of natural goods, the so-called "contingent valuation" method(contingent valuation). This technique involves a sample survey of residents of the region or residents of the country as a whole, using a special system, if we are talking about a national environmental protection project. The survey should reveal how people evaluate this or that natural benefit, how they evaluate the damage caused to the environment. A special term has emerged to denote the price of natural goods associated with the environment of human existence - “existence values”.
We are talking about the amount, albeit small for now, that people are willing to pay to preserve the environment. For example, how much are you willing to pay for beavers to appear in the river again, so that the remains of an ancient oak grove, which they want to destroy, are still an adornment of your favorite landscape, so that seals live and reproduce freely on the islands of the Sea of Okhotsk, etc.
The amounts you are willing to pay vary because you value different aspects of the environment, your environment, to different degrees. Even if, in the extreme case of cats, you are ready to give only a two-ruble coin, but on the scale of Russia this will amount to about 300 million rubles. And if Sakhalin oil companies cause damage to the seal population, then the amount of compensation for damage can be assessed based on the survey.
Thus, the assessment of natural goods using the “conditional valuation” method assumes:
§ a selective survey of residents of the region or residents of the country using a special system,
§ determination of how people evaluate this or that natural benefit, how they evaluate the damage caused to the environment,
§ “existence values” is the price of natural goods associated with the environment of human existence.
The contingent valuation method was first used in the United States, in particular, when the court assessed the damage caused by Exxon as a result of an oil spill from its oil storage facilities in 1989. This assessment method also has its drawbacks. She is improving. Currently, the contingent valuation method is used in government regulation of environmental use.
- VALUE EXPRESSION
Syn: cost, ... - VALUE EXPRESSION in the Russian Language Thesaurus:
Syn: cost, ... - EXPRESSION in the Encyclopedic Dictionary:
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expression cf. 1) The process of action according to meaning. verb: to express (1), to express. 2) Display, manifestation, embodiment. 3) External manifestations of the internal state... - EXPRESSION in the New Dictionary of the Russian Language by Efremova:
Wed 1. process of action according to Ch. express 1., express 2. Display, manifestation, embodiment. 3. External manifestations of a person’s internal state on... - EXPRESSION in the Large Modern Explanatory Dictionary of the Russian Language:
I Wed. 1. process of action according to Ch. express I, express I 1., 2. 2. The result of such an action; display, manifestation, embodiment. ... - SYMBOL in the Dictionary of Analytical Psychology:
(Symbol) - the best possible expression or image of something unknown. The concept of a symbol should be distinguished from the concept of a sign. “Every mental product, since ... - HABERMAS in the Dictionary of Postmodernism.
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- in property insurance, the absolute (cost) expression of the amount for which individual objects or all of the policyholder’s property is insured. The concept of S.o. applies... - INTANGIBLE ASSETS in the Big Legal Dictionary:
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- values that have a value expression and are not physical objects, for example. securities, lease rights, technologies, patents and other objects... - PAYMENT BALANCE in the Dictionary of Financial Terms:
the ratio of monetary payments coming into a given country from abroad and all its payments abroad during a certain period of time... - STRUCTURE
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FOAM - conditionally constant prices, most often tied to prices of a certain period, year. Used in economic analysis to compare volumetric... - MONETARY in the Dictionary of Economic Terms:
STANDARD is what is accepted by general agreement as the basis of the country's monetary system. In relation to this base, the cost is determined... - ORATOR'S SPEECH in the Literary Encyclopedia:
a type of public speech, functionally and structurally opposed to colloquial speech, private, “everyday” communication. As opposed to colloquial speech - the exchange of more or... - ZOLYA in the Literary Encyclopedia:
Emile [?mile Zola, 1840-1902] - French writer; son of the engineer who built the Aix canal. One of the most significant representatives of bourgeois realism... - PRICE
monetary expression of the value of the product; an economic category that serves to indirectly measure the amount of socially necessary labor time spent on the production of goods. Scientific… - THE USSR. LITERATURE AND ART in the Great Soviet Encyclopedia, TSB:
and art Literature Multinational Soviet literature represents a qualitatively new stage in the development of literature. As a definite artistic whole, united by a single socio-ideological... - SPECIAL Drawing Rights in the Great Soviet Encyclopedia, TSB:
drawing rights" (SDR; Special Drawing Rights - SDR), international reserve funds within the framework of the International Monetary Fund (IMF). They exist in the form of ... - RUSSIAN SOVIET FEDERAL SOCIALIST REPUBLIC, RSFSR in the Great Soviet Encyclopedia, TSB.
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structure of capital, cost structure of capital, that is, the ratio of constant capital (c) to variable capital (v), determined by its ... - CASH SAVINGS in the Great Soviet Encyclopedia, TSB:
accumulations of socialist enterprises and economic organizations, the value expression of the created surplus product. Represent the funds of enterprises and organizations in two main... - GERMANY in the Great Soviet Encyclopedia, TSB:
(Latin Germania, from the Germans, German Deutschland, literally - the country of the Germans, from Deutsche - German and Land - country), state ... - GROSS PROFIT in the Great Soviet Encyclopedia, TSB:
profit in socialist countries, the form of manifestation of net income, the value expression of the overall financial result of the enterprise’s activities, that is, the monetary expression of that ... - ELECTROSTATICS in the Encyclopedic Dictionary of Brockhaus and Euphron:
one of the branches of the study of electrical phenomena, which includes the study of the distribution of electricity, subject to its equilibrium, on bodies and... - BOBYL in the Encyclopedic Dictionary:
, -i, m. 1. A lonely poor peasant, usually landless (obsolete). 2. transfer Lonely person with no family (colloquial). Live as a bob. II ac. bob... - ELECTROSTATICS*
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? Under the name S. the ability of a body is meant a certain ratio of the refractive index of this body to its density. For the first time this concept...