When conducting tenders under the Law on contract system the customer is faced with the problems of describing the procurement object and substantiating its compliance with the requirements of 44-FZ.
Let's start with definitions. The object of the procurement is (according to 44 FZ) goods, works or services that the customer purchases through bidding. The law establishes the rules by which it must be described. Description is a list of conditions that the purchased goods (works, services) must meet. Thus, the customer specifies in detail in the tender documentation all the necessary quality and specifications goods. He can get this information from publicly available sources, GOSTs, commercial offers organizations that operate in the relevant field.
How to confirm compliance in a procurement plan
Main normative act in this matter - Decree of the Government of the Russian Federation of 05.06.2015 No. 555. Confirmation of compliance is necessary in two cases:
- when forming an order plan;
- when compiling.
So, the rationale for the compliance of the procurement object 2019 - what to write? In the tabular form of the plan itself, there is a section “Purchase Purpose” for this. It should reflect the result of the auction.
The following information must also be included in the justification:
- (in accordance with Article 23 of Federal Law-44);
- name of the object of the order (it is also the subject of the contract);
- if the auction is planned within the framework of the state (subject, municipal) program - a link to it;
- the name of the event of the above program (recall that the goals of Law No. 44 are not only the implementation of state programs, but also, for example, the fulfillment of the powers of state and municipal bodies);
- substantiation of the compliance of the object with the program and, accordingly, with the program event (for example, the acquisition of computer equipment will serve to strengthen the economic base of the organization);
- an indication of regulatory legal acts that establish requirements for certain types goods (works or services) or a reference to the absence of such.
What to confirm in the schedule
Methods for determining the price of the contract have been established: market analysis, normative, and costly. If none of them can be applied, it must be confirmed. When it comes to an agreement with sole supplier, then in column No. 7 you should also indicate the method used and describe it (except in cases where justification is not required, for example, when bidding up to 100,000 rubles).
When completing a section additional requirements to participants (column No. 10), attention should be paid to the presence of such (if the law expressly provides for this, for example, such a condition as having work experience).
Description of the procurement object according to 44 Federal Law, example
Let's say you need to buy lamps. Then you need to bring detailed description of these lamps: fluorescent, base G13, power (W) 18, luminous flux (Lm) not less than 1080, not more than 1150, voltage (V, V): 220, tube / bulb type T8, color rendering index 82+, color temperature 6500 (day white), diameter 26 mm, length 604 mm.
Compliance justification, example
For example, the customer is medical Center, while he needs to purchase a carburetor for the car through bidding. When drawing up a public procurement plan and schedule, it should be indicated that in order to maintain Vehicle in a technically sound condition, it is necessary to purchase a carburetor in the amount of three units.
Another example. educational institution you need to buy a car. When justifying, you need to refer, for example, to the availability of permission to conduct driving lessons.
The object of the purchase is a kind of analogue terms of reference, the efficiency of carrying out depends on its correct description. procurement procedures. The object of procurement is a fixation of qualitative and quantitative characteristics (standard) that allow it to be identified.
The description of the public procurement object should be extremely objective and specific so that the customer receives the maximum number of relevant proposals and chooses the winner. The description must include all available characteristics: functional, qualitative and technical, as well as its operational properties. It is forbidden to refer to trademarks or brand names and specify other requirements that will limit the number of participants.
Sources for the formation of the description can be:
- Previously executed contracts.
- Official websites (or other sources of information) of state and municipal bodies.
- Regulations, technical standards, standards, regulations and other sets of rules.
- Information from published scientific articles in magazines and other sources of information.
- Other sources.
There are recommendations for describing the subject of public procurement. They relate to technical and physical indicators, terminology and symbols used in the description of purchased goods, works and services. They are installed:
- Standards adopted in accordance with 162-FZ of 06/29/2015 "On standardization in Russian Federation».
- technical regulations, adopted in accordance with 184-FZ of December 27, 2002 "On technical regulation".
- Other conditions related to the needs of the customer.
Description of the object of purchase according to 44-FZ, example
Algorithm for substantiating the compliance of the object in the plan
When forming an order plan and schedule budget institutions must provide justification for the order. The procedure was established by Decree of the Government of the Russian Federation No. 555 dated 06/05/2015. The customer independently fills in the columns of the form for substantiating the order of goods, works and services.
The justification form looks like this.
Let's analyze filling out the form with justification step by step.
Cell 1. The serial number is indicated.
Cell 2. Indicated identification code in accordance with the chosen subject of public procurement, is formed according to the rules of Art. 23 44-FZ, as well as the order of the Ministry of Economic Development of Russia No. 422 dated 06/29/2015.
Cell 3. The name of the subject of the order is indicated. It can completely coincide with the column "Name of the subject of the contract" from the schedule.
Cell 4. The program under which public procurement is carried out is indicated, for example, state, municipal or targeted.
Cell 5. The program activity is indicated, in accordance with the fourth column of the form.
Cell 6. The relationship between public procurement and activities within the framework of the implementation of the program indicated in column 4 is indicated.
Cell 7. Indicates the presence of regulations that establish requirements for certain types of goods, works and services or their absence.
Justification example
A frequent question that arises when it is necessary to provide a justification for the compliance of the procurement object 2019 is what to write? The customer is repeatedly asked by him when drawing up a plan of orders and a schedule. Let's answer this question with an example.
Column 3. Translation services public services for the registration of acts of civil status and the issuance of a hunting license in electronic form. The contract concluded following the results of the purchase has the same name.
Column 4. The State Program of the Russian Federation "Information Society (2011-2020)", Decree of the Government of the Russian Federation of April 15, 2014 No. 313.
Column 5. According to the program from column 4.
Column 6. The purpose or result of the purchase is indicated in accordance with the program from column 4.
Column 7. The resolution under which the procurement is carried out is indicated.
Konstantin Edelev, expert of the State Order System
From August 14, 2019, the procedure for calculating fines under 44-FZ was changed: the requirement for a fixed amount was removed, and the penalty for SMP and SONO was reduced. In the article you will find all the current rules. Working with a penalty will be simplified by examples of wording and judicial practice.
If we proceed from the fact that schedules are formed by customers in accordance with procurement plans (part 2 of article 21 of Law No. 44-FZ), then the plural in the name of the procurement object should be contained in both the schedule and the procurement plan.
Also, one should not forget that the information must be complete and reliable (part 3 of article 7 of Law No. 44-FZ).
In what year is it necessary to prepare and place a procurement plan in the EIS?
Procurement plans will be formed by the Customer and posted in the EIS in 2016 for 2017 and subsequent years.
On January 1, 2016, part 1 of Art. 16 of Law No. 44-FZ, according to which procurement planning is carried out on the basis of certain provisions of Art. 13 of Law No. 44-FZ for the purposes of procurement through the formation, approval and maintenance of:
- procurement plans;
- schedules.
- part 1, according to which procurement plans are formed by customers based on the objectives of the procurement, determined taking into account the provisions of Art. 13 of Law No. 44-FZ, as well as taking into account the established Art. 19 of Law No. 44-FZ of requirements for goods, works, services purchased by customers (including marginal price goods, works, services) and (or) standard costs for ensuring the functions of state bodies, management bodies of state non-budgetary funds, municipal bodies;
- part 4, according to which procurement plans are formed for a period corresponding to the term of the federal law on the federal budget for the next fiscal year and planning period, federal laws on the budgets of state off-budget funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, the laws of the subject of the Russian Federation on the budgets of territorial state extra-budgetary funds, the municipal legal act of the representative body municipality about local budget. Purchasing plans include, taking into account the provisions of the budget legislation of the Russian Federation, information on purchases, the implementation of which is planned after the end of the planning period. In this case, indicated in Part 2 of Art. 17 of Law No. 44-FZ, information is entered into procurement plans for the entire period of planned procurement, taking into account the features, established order formation, approval and maintenance of procurement plans, provided for in Part 5 of Art. 17 of Law No. 44-FZ.
- part 1 art. 21 of Law No. 44-FZ, according to which procurement schedules contain a list of procurement of goods, works, services to meet state and municipal needs for the financial year and are the basis for procurement;
- part 2 art. 21 of Law No. 44-FZ, according to which schedules are formed by customers in accordance with procurement plans;
- part 4 art. 21 of Law No. 44-FZ, according to which the procedure for the formation, approval and maintenance of procurement schedules to meet federal needs is established by the Government of the Russian Federation.
- part 10 of Art. 21 of Law No. 44-FZ, according to which the schedule is developed annually for one year and approved by the customer within 10 working days after he receives the volume of rights in monetary terms to accept and (or) fulfill obligations or approve the financial and economic activity plan in accordance with the legislation of the Russian Federation.
From January 1, 2017, in accordance with Part 11 of Art. 21 Customers make purchases in accordance with the information included in the schedules in accordance with Part 3 of Art. 21 of Law No. 44-FZ. Purchases that are not provided for by the schedules cannot be carried out.
In turn, according to part 2 of Art. 112 of Law No. 44-FZ Customers place in a single information system or prior to the commissioning of the said system on the official website of the Russian Federation on the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services schedules for placing orders for 2016 according to the rules that were in force before the day of entry by virtue of Law No. 44-FZ, taking into account the features that may be established federal body executive power, carrying out normative legal regulation in the field of placing orders, and the federal executive body exercising law enforcement functions for cash services for the execution of budgets budget system RF.
Thus, from the above provisions of Law No. 44-FZ, taking into account the timing of the entry into force of the provisions of Law No. 44-FZ, as well as the conditions for placing schedules for placing orders for 2016 in the unified information system in accordance with the rules that were in force before the date of entry into force of Law No. 44-FZ, taking into account the specifics (part 2 of article 112 of Law No. 44-FZ) and the procedure for including (taking into account the provisions of the budgetary legislation of the Russian Federation) information on purchases in procurement plans, the implementation of which is planned after the end of the planning period (h 4, article 17 of Law No. 44-FZ), it follows that procurement plans will be formed by Customers in 2016 for 2017 and subsequent years, i.e. these will be procurement plans for 2017 and subsequent years.
On the basis of such procurement plans, procurement schedules for 2017 will be formed.
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We will tell you what to write in justifying the compliance of the object in the plan and schedule, what information must be included. We will also give examples of justification of the procurement object under 44-FZ and download forms.
Justification of the purchase need
When forming a plan, it is necessary to include information about the justification in a special form. What to write in the plan regulates No. 555 dated 06/05/2015. It contains a list of characteristics that need to be justified, as well as templates for submitting information.
The organizer must explain the choice:
- purchase object;
- how to determine the supplier;
- NMCC.
The rationale for the procurement object is given in the plan, the other two indicators - in the schedule (hereinafter referred to as PG). For these two documents, different forms of providing information are provided. The validity of public procurement is monitored by monitoring, control and audit bodies. If the audit shows that there was no need for the procedure or no justification was provided, the procedure may be canceled and the customer brought to administrative responsibility.
By the end of the summer, customers must justify the procedures for the next planning period and, together with the draft procurement plan, submit it to the GRBS. Then the purchases are justified when the schedule is formed and approved.
Justification is needed to explain why the customer purchases goods, works, services with specific characteristics and price. We will tell you how to correctly fill in each column of the justification form. Using examples, we will show what data to take from the plans, and which ones to fill in on our own.
Substantiation of the procurement object
The customer indicates the purpose and rationale for the purchase in the procurement plan. You need to rely on the presence government programs, activities within them, for their own needs, the need for a particular product for the normal functioning of the institution, etc.
The plan contains:
- purchase code;
- the purpose of its implementation;
- an object;
- justification of the object according to 44-FZ;
- the period of the procedure;
- amount of funding.
When a customer submits a justification for the compliance of an object to the plan, it must be written in it what needs the product is needed to meet, for what state programs or events it is purchased, whether the procedure complies with the provisions of the law.
Procurement justification example
✔ Procurement justification form for the plan;
✔ Procurement justification form for GHGs;
✔ An example of a stationery justification form;
✔ An example of a justification form for electricity;
In column 1 indicate the serial number of the position.
In column 2 indicate the identification code that was registered in column 2 of the plan.
In column 3 indicate the name of the procurement object, which was registered in column 5 of the plan form. Write the name in the catalog of goods, works, services (part 4 of article 23 of Law No. 44-FZ).
In column 4 indicate the name of the state, municipal program, program of the subject of the Russian Federation, if you plan to purchase under such a program. For example, you plan to purchase within the framework of the state program "Health Development" - dated December 26, 2017 No. 1640. In this column, indicate the name of the program. If you plan the procedure outside the program activities, do not fill in column 4.
In column 5 indicate the name of the program event, the name of the function, authority government agency, the governing body of the state off-budget fund, municipal authority or name international treaty RF, which was prescribed in column 3 of the plan form.
What to write in the rationale for the compliance of the object in the procurement plan
You can write a justification for the object's compliance in the plan in a free form. It is necessary to adhere to the official style of speech. The main thing is to use the standard template, which is contained in the Decree of the Government of the Russian Federation of 06/05/2015 No. 555. The name of the object must be indicated in accordance with the OKPD2 classifier.
Let us give an example of justifying the object of procurement in terms of 44-FZ. If you are purchasing computer equipment for an educational institution, indicate under which municipal program the procedure is carried out (for example, “Improving the computer literacy of students in grades 10-11”).
Also, the rationale for the compliance of the object in the PP can be indicated based on the needs of a particular institution. For example, if a medical center plans to purchase a carburetor for an ambulance, it indicates that the product is needed to keep the vehicle in good technical condition.
How to write a purchase justification: an example
The plan includes information on the rationale for the purchase. What to write in each column can be found in the Decree of the Government of the Russian Federation of 06/05/2015 No. 555. This regulatory legal act contains detailed instructions how to justify the procedure in the plan. approved form providing information contains:
- identification code;
- an object;
- the name of the state program (it can be not only a state program, but also a regional, departmental, targeted program);
- event for which the procedure is carried out;
- the needs of the institution for which a product, work or service is purchased (you can also specify functions);
- justification for the purchase.
How to Justify Changes to a Purchasing Plan
The plan can be changed only on the grounds specified in the legislation. They can be found in Article 17 of the 44-FZ and in No. 1043 dated November 21, 2013. Amendments are allowed in the following cases:
- bringing the document in line with the changed objectives of the procurement or the changed regulatory legal acts;
- execution of instructions within the framework of the implementation of laws, decisions and instructions of authorities;
- execution of the decision based on the results of public discussion;
- saving;
- compliance with the requirements contained in the instructions of the control body.
Other grounds cannot be used to make changes. Any changes to the plan must be included in the procurement justification form.
For example, if the date of the planned procedure has changed within the year specified earlier, the changes need to be made only in the PG. But in the event that the year or the frequency of the procedures has changed due to a shift in the dates, the changes should also be made to the plan.