Annual report on 223

1. What contracts do we include in the information?
Contracts concluded during the reporting month.

Example:
Until August 10, 2018, we report for July 2018.
Therefore, the information includes all contracts that were concluded in the period from 07/01/2018 to 07/31/2018

Note:
if you pay by invoice (without a contract), then we count by the date of payment or by the date of acceptance (whichever comes first), and not by the date of the invoice.
if you have an advance report, then we count by the date of the check or other document, and not by the date of the advance report.

Example:
The supplier issued an invoice (the parties did not conclude an agreement) and brought the goods in July 2018, the customer signed the acceptance document in July 2018, and in August 2018 paid for the goods. AT this case the purchase is included in the report for July 2018 ( signing acceptance documents, the customer accepted the supplier's offer).

Supplier invoiced (the parties did not sign a contract) in July 2018, the customer paid the invoice in August 2018, received the goods in September 2018. This purchase is included in the report for August 2018 (paying the bill, the customer accepted the supplier's offer).

The employee bought the goods in July 2018, and prepared the advance report in August 2018. This purchase is included in the report for July 2018.

,2. Does the report include information on purchases up to 100 thousand, information about which was not posted in the EIS?
Yes, they turn on.

Note:
The EIS automatically counts only purchases, information about which is posted in the EIS. Therefore, customers need to correct the information on the number and amount of contracts, taking into account purchases that were not placed in the EIS!

3. What amount do we include in the report if the contract is concluded for a period with a monthly payment?
The information includes the entire amount of the contract concluded in the reporting month, regardless of the payment period.

Example:
Agreement dated July 01, 2018 for 6 months for a total amount of 12,000 rubles with a monthly payment of 2,000 rubles.
Therefore, when filling out information for July 2018, we include 1 contract in the amount of 12,000 rubles.

4. If the customer did not make purchases in the reporting month, is it required to post reports?
Yes, in this case the Customer places zero reports.

5. Administrative responsibility of the Customer.
Violation of the terms for posting information on procurement in the EIS, the placement of which is provided for by the legislation of the Russian Federation on procurement (with the exception of posting changes to the procurement regulations)
- the norm of the Code of Administrative Offenses of the Russian Federation - part 4 of Art. 7.32.3
- executive- a fine of 2 thousand rubles. up to 5 thousand rubles
- legal entity - a fine of 10 thousand rubles. up to 30 thousand rubles

Non-placement in the EIS of information on procurement, the placement of which is provided for by the legislation of the Russian Federation on procurement
- the norm of the Code of Administrative Offenses of the Russian Federation - part 5 of Art. 7.32.3
- an official - a fine of 30 thousand rubles. up to 50 thousand rubles
- legal entity - fine from 100 thousand rubles up to 300 thousand rubles

We have updated a new list of customers supporting SMP since 07/01/2017, we are talking about 223-FZ. could you provide information (decree) on this issue or refute it.

Answer

Read the answer to the question in the article: If during the formation terms of reference we do not ask for specific indicators for nails, is it necessary to indicate the country of origin of the nails, and if we ask for specific indicators for paint, is it necessary to indicate the country?

How to make purchases from SMEs under 223-FZ

Customers who are subject to the requirements of Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 are required to conclude part of the contracts with SMEs. If the requirement is not met, from February 1 of the year following the reporting one, you will have to be guided by Law No. 44-FZ. The rule is established in part 8.1 of Article 3 of Law No. 223-FZ, which has been in force since January 1, 2017.

According to the results of purchases from SMEs, the customer is obliged to report. What customers are required to comply with the requirements of Decree No. 1352 and how to calculate the volume of purchases from SMEs, read in the recommendation.

Who purchases from SMEs

Customers who work under Law No. 223-FZ are required to purchase from SMEs if they fall under one of the conditions in the table.

Condition for the customer	Date when to start purchasing from SMEs
Annual revenue for the previous calendar year - 10 billion rubles.	From July 1, 2015
The annual volume of revenue for the previous calendar year is more than 2 billion rubles.	From January 1, 2016
The customer is a credit institution whose assets for the previous calendar year exceed 2 billion rubles.
Customer - state company, which was created on the basis of federal law
Customer - joint-stock company"Federal Corporation for the Development of Small and Medium Enterprises", which operates under Law No. 223-FZ
The customer is a subsidiary, more than 50 percent of the authorized capital of which belongs to a state-owned company	From July 1, 2017
Customer - a subsidiary in which more than 50 percent of the authorized capital belongs to the "daughter" of the state-owned company
The customer is a business entity in whose authorized capital the share of the region or municipality exceeds 50 percent, or the combined share of the state and the region exceeds 50 percent and the share of the region is greater than the share of the state. the annual revenue of the customer must exceed 500 million rubles, and the customer must not be an SME
Customer - a subsidiary of the above economic company, in which more than 50 percent of the authorized capital belongs to this company
Customer - a subsidiary in which more than 50 percent of the authorized capital belongs to the above-mentioned "daughter"
The customer registered with the Unified State Register of Legal Entities after the Regulation approved by Resolution No. 1352 came into force	From January 1 following the year in which the customer registered with the Unified State Register of Legal Entities

This is stated in paragraphs 2 and 3 of the Regulation, which was approved by the Government of the Russian Federation by Decree No. 1352.

In addition, customers from the List of the Government of the Russian Federation must purchase innovative and high-tech products, including from SMEs. The list of customers was approved by order No. 475-r dated March 21, 2016.

How much to purchase from SMEs

From January 1, 2018 - 15 percent (Decree of the Government of the Russian Federation of August 19, 2016 No. 819).

This is stated in paragraph 5 of the Regulations, which the Government of the Russian Federation approved by Decree No. 1352.

Attention: business companies carry out purchases from SMEs in the amount of at least 9 percent of the total value of contracts concluded in the period from July 1 to December 31, 2017. And procurement contracts that are carried out only for SMEs, such companies conclude in the amount of at least 5 percent of the total value of contracts concluded in the same period (clause 2.3 of Resolution No. 1352).

Suppose the customer plans to conclude or concludes an agreement with an SME for a period of more than a calendar year. At the same time, the procurement was or will be carried out only among SMEs or among any participants, including SMEs. Then, in the annual volume of purchases from SMEs, the customer takes into account the total annual value of purchases, which are calculated for the corresponding calendar year. Information is taken from the procurement plan.

In the total annual value of contracts, the customer does not take into account all purchases. What purchases should not be taken into account - see the help.

What products to buy from SMEs

The customer must approve the list of goods, works, services, innovative and high-tech products, the purchase of which will be carried out only among SMEs. At the same time, the customer has the right to purchase products included in the list from any legal entities and not only for SMEs.

In the list of products that you purchase only from SMEs, indicate the names of goods, works, services and the OKPD2 code. Detail OKPD2 code to sections, classes and subclasses, groups and subgroups, types of products, as well as categories and subcategories of products. Place the list in the EIS and on the customer's website on the Internet. This is stated in paragraph 9 of the Regulation, approved by Resolution No. 1352.

If you are purchasing only for SMEs, goods that are not included in the list cannot be purchased from small and medium-sized businesses. This is stated in paragraph 8 of the Regulations approved by Decree No. 1352, letter of the Ministry of Economic Development of Russia dated August 28, 2015 No. D28i-2498.

Situation: state-financed organization conducts purchases under Law No. 223-FZ. Should the customer approve and place in the EIS a list of products that he purchases from SMEs

Must, if the customer's annual revenue for the previous calendar year exceeds 2 billion rubles. (clauses 2, 8 of the Regulations approved by Resolution No. 1352).

How to involve SMEs in procurement

Purchases from SMEs are carried out through tenders and other procedures. At the same time, customers use three methods to attract small and medium business.

1. The customer conducts purchases among all participants without restrictions of SMEs. The customer conducts a procurement in which any legal or natural persons, including SMEs, are entitled to participate. At the same time, several legal entities that act on the side of one procurement participant, or several individuals and individual entrepreneurs who act on the side of one procurement participant. The organizational and legal form, form of ownership, location and place of origin of the capital of the participant do not matter. The main thing is that the participant complies with the requirements that the customer has established in the Procurement Regulations. If the SME entity wins the purchase, the customer will take into account the contract in the annual volume of purchases from small and medium-sized businesses.

2. The customer conducts a procurement in which only SMEs are entitled to participate. Thus, the customer restricts access to the procurement of participants who do not have the status of an SME. The contract, which the parties conclude as a result of the procurement, the customer will include in the annual volume of purchases from small and medium-sized businesses.

3. The customer conducts a procurement, the participants of which are obliged to involve SMEs. The winner of the procurement will involve SMEs as subcontractors or co-executors under the contract in the amount that the parties indicate in the contract. In the annual volume of purchases from small and medium-sized businesses, the customer will take into account the contracts that counterparties have concluded with SMEs.

This is stated in paragraphs 4, 6 of the Regulations from Resolution No. 1352.

Should the annual volume of purchases from small and medium-sized businesses take into account the contracts that the customer has concluded with an SME as a sole supplier? Consider purchasing from a single supplier when calculating 18 percent of total annual contract value. When calculating 10 percent, take into account only purchases from a single supplier, information about which was published in the EIS. This conclusion follows from the letter of the Ministry of Economic Development of Russia dated July 9, 2015 No. D28i-2073.

What are the requirements for participants?

The requirements for participants depend on which of the three procurement methods the customer has chosen.

The customer conducts purchases among all participants without limitation of SMEs.

In the documentation, you have the right to establish that the participant as part of the application must provide a declaration or information from the unified register of small and medium-sized businesses. Let's say a participant from a small or medium-sized business won the purchase. Then check if the winner meets the criteria of an SME entity. To do this, check the declaration or information from the unified register of SMEs provided by the participant. Single register SMEs are managed by the Federal Tax Service of Russia.

You have the right to check whether the winner is really an SME entity, even if you have not established a requirement to provide a declaration or information from a single register. This is stated in paragraph 14 of the Regulations from Resolution No. 1352.

The reasons why the customer has the right to reject the application if he conducts a purchase among all participants without restrictions, write in the Procurement Regulations.

The customer conducts a procurement in which only SMEs are entitled to participate, or obliges the winner to involve SMEs as subcontractors.

Establish in the documentation that, together with the application, the participant must provide:

a document with information from the unified register of small and medium-sized businesses;
a declaration that the participant meets the criteria for an SME entity.

The declaration is provided only if there is no information about the procurement participant in the register of SMEs. The participant fills out a declaration in the form established by the annex to the Regulation approved by Resolution No. 1352. Other documents cannot be required from participants (clauses 11, 13 of the Regulation from Resolution No. 1352).

The customer has the right to reject the participant's application when it conducts procurement for SMEs or with the involvement of subcontractors from SMEs, for two reasons.

Reason 1. There is no information about the participant, subcontractor or co-executor in the unified register of small and medium-sized businesses. At the same time, neither the participant, nor subcontractors and co-executors provided a declaration.

Reason 2. The participant provided a declaration that he, subcontractor or co-executor meet the criteria of an SME entity. However, the information from the declaration does not meet the criteria for an SME entity.

If the information about the SME entity in the declaration does not correspond to the information in the unified register of SME entities, then the customer uses the information from the register (clause 14.2 of the Regulations from Resolution No. 1352).

How to make a purchase

To the plan for the procurement of goods, works, services, the procurement plan innovative products, high-tech products, medicines include a section on purchasing from SMEs. Include in your plans products from the list of goods, works, services that you purchase from SMEs (parts 3.1, 3.2, 3.3, article 4 of Law No. 223-FZ).

When purchasing only among SMEs or with the condition that the winner will attract small and medium-sized businesses to the contract, consider the features that are described below.

Procurement involving only SMEs

The customer is obliged to purchase only among SMEs if he purchases products from the list approved in the Procurement Regulations, and the initial (maximum) price of the contract or lot is less than 200 million rubles. If the NMC of the contract or lot is in the range from 200 to 400 million rubles, the customer has the right to choose: to purchase products only among SMEs or to carry out a procedure in which any legal or natural person is entitled to participate.

notice and documentation. In the notice and documentation, indicate that only SMEs are eligible to participate in the procurement.

Securing an application. The contracting authority may establish a requirement that bidders must secure bids. The amount of security shall not exceed 2 percent of the initial (maximum) contract price. The participant has the right to choose the method by which he will deposit the security:

Let's say the participants contributed money to secure the bid. The customer must then return the collateral. Return the money to all participants in the procurement, except for the winner, within seven working days after signing the protocol on the results of the procurement. Return the security to the winner no later than seven days from the date when the contract was concluded or decided not to conclude the transaction.

Securing a contract. The customer has the right to establish a requirement that the winner is obliged to secure the contract. The security amount is not more than 5 percent of the initial (maximum) contract price. If you provided for an advance in the contract - set the security in the amount of the advance.

The winner has the right to choose the method by which the contract will be secured:

Money (transferred to the account indicated in the documentation);

Bank guarantee (provided as part of the application);

Another method that the customer will indicate in the documentation.

The conclusion of the contract. The parties conclude an agreement within 20 working days from the date when the customer decided to conclude a deal. An exception is when the customer's management body must approve the contract.

For example, the actions or inaction of the customer during the purchase are appealed to the antimonopoly body or court. Then the customer concludes the contract within 20 working days from the date when the decision of the antimonopoly authority or the judicial act came into force.

Execution of obligations. Establish in the contract the period in which you will pay the counterparty. The customer pays the invoice of the counterparty within 30 calendar days from the day when the counterparty fulfilled its obligations under the contract or its separate stage. You can pay earlier, you can't later.

Purchase cancellation. Suppose the customer has chosen the winner, but the parties have not yet concluded an agreement. Then the customer has the right to cancel the decision to determine the supplier, which he made as a result of the procurement, and carry out the procedure not for SMEs.

Repeat purchase. The customer has the right to conduct a procurement and not comply with the rules of the Regulation from Resolution No. 1352, if the deadline for accepting applications has expired and one of the following events has occurred:

SMEs did not apply;
all participants - SMEs withdrew applications;
all participants - SMEs do not meet the requirements that the customer provided for in the procurement documentation;
the only application of the SME subject does not meet the requirements that the customer provided for in the procurement documentation;
the customer decided not to conclude a contract based on the results of the purchase.

This is stated in section II of the Regulation, which was approved by the Government of the Russian Federation in Resolution No. 1352.

Procurement where SMEs engage as subcontractors or co-contractors

notice and documentation. In the notice and procurement documentation, establish the requirement that the participant must involve subcontractors or co-executors - SMEs.

Participant's application. Procurement participants in the application submit a plan according to which subcontractors or co-executors will be involved - SMEs. The plan includes information about the subcontractor or co-executor, as well as information about the contract that the participant will conclude with the SME.

Information about the subcontractor or co-executor contains:

for a legal entity: name, company name (if any), location, postal address, contact phone number, address Email;
for individual entrepreneur: Full name, passport details, place of residence, postal address, contact phone number, e-mail address.

Information about the contract that the participant will conclude with a subcontractor or co-executor contains:

subject of the contract;
the quantity of products that the subcontractor or co-executor will supply under the contract;
place, terms and conditions of delivery;
contract price.

The participant attaches to the application a declaration or information from the unified register of SMEs for each subcontractor or co-executor.

Contract. The customer includes two mandatory conditions in the contract:

the counterparty engages subcontractors, co-executors - SMEs;
the counterparty is liable if it does not involve subcontractors, co-executors - SMEs.

The counterparty has the right to replace the subcontractor, co-executor with whom he concludes or has concluded an agreement. Replacement is agreed with the customer. At the same time, the price of the contract between the counterparty and the subcontractor, co-executor is retained. Suppose the former subcontractor or co-executor partially performed the contract. Then the price of the contract with the new subcontractor is reduced by the amount that the counterparty paid on account of the fulfilled obligations.

This is stated in section III of the Regulation, which was approved by the Government of the Russian Federation in Resolution No. 1352.

Who has the right to appeal the actions of the customer

The following persons have the right to appeal against the actions or inaction of the customer against SMEs in court:

small and medium business development corporation;
bodies executive power subjects of the Russian Federation;
organizations that created the executive authorities of the constituent entities of the Russian Federation.

This is stated in part 9 of article 3 of Law No. 223-FZ.

In addition, the persons listed above, as well as procurement participants, have the right to complain about the customer to the FAS Russia. The reason is that the customer did not post information on the annual volume of purchases from SMEs in the EIS or published false information (clause 4, part 10, article 3 of Law No. 223-FZ).

Partnership Program

The customer has the right to approve the partnership program. This is a document where the customer describes the activities that will help form the register of SMEs. The customer places the program on his website.

The register includes SMEs with which the customer or its counterparties have already entered into contracts. An unlimited number of SMEs participate in the partnership program. The main thing is that the participants meet two requirements.

Requirement 1. The SME entity has fulfilled the contracts that it has concluded with the customer. At the same time, the customer did not charge a penalty for non-fulfillment or improper fulfillment of obligations under the contract. The number of executed transactions is determined by the customer.

Requirement 2. The participant has passed the procedure, as a result of which the customer determines whether the SME entity meets the requirements for suppliers, performers, contractors. The customer himself determines what kind of procedure it is, and prescribes the rules in the Procurement Regulations. When describing procedures, do not limit the number of SMEs participating in the partnership program.

The customer, who conducts procurement only among SMEs and concludes an agreement with a participant in the partnership program, has the right to establish an advance payment of 30 percent or more of the contract amount.

This is stated in paragraphs 15-17 of the Regulations from Resolution No. 1352.

Individual customers may approve a program that meets the requirements. These include customers who have been identified by the Government of the Russian Federation or who are being assessed and monitored by the SME Corporation and regional authorities. Programs of such customers include:

the procedure and form of maintaining the register of SMEs - participants in the partnership program;
requirements for participants in the partnership program, as well as a list of documents that SMEs submit to prove that they meet the requirements;
the order in which the customer provides information support SME;
activities that are aimed at helping SMEs - potential suppliers, as well as the procedure in which the customer forms a list of such activities.

This is indicated in paragraphs 15.1 and 15.2 of the Regulations from Resolution No. 1352.

From January 1, 2017, customers-banks with assets of more than 2 billion rubles. are required to make purchases from small and medium-sized businesses and draw up an annual report on these purchases (Decree of the Government of the Russian Federation of July 26, 2016 No. 719).

On 09/27/2018
0 comments
223-FZ, 44-FZ, EIS, Request for quotations, Request for proposals, Competition, SMP, Special account, Articles, Electronic auction, ETP

We continue to talk about amendments to the procurement legislation that will come into force or have already come into force in 2018. Today we will talk about changes for customers under 223-FZ in terms of procurement from small and medium-sized businesses (SMEs). They were introduced by law No. 505-FZ of December 31, 2017, as well as by government decrees.

Electronic form

Procurement that is organized exclusively for SMEs will have to be strictly in electronic form . This provision will be enshrined in Part 2 of Article 3 of Law 223-FZ and will come into force on July 1, 2018.

From the same date, a new article 3.4, which will regulate the conduct of electronic procedures for SMEs. In particular, a limited list of ways to determine a supplier is provided, namely:

Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry (Unified Register of Procurement Participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

competition in electronic form;
auction in electronic form;
request for quotations in electronic form;
request for proposals in electronic form.

Customers under 223-FZ will not be able to choose a different method for determining a supplier for purchases from SMEs.

Bidding for small and medium-sized businesses should be held on ETPs that meet the requirements of Law 44-FZ and additional requirements provided by the government. The list on which it will be possible to carry out procedures for SMEs under 223-FZ will be additionally approved.

ETP where trading under 44-FZ is held

In addition, the new article 3.4 will spell out features of each procedure, including:

procedure and timing;
price restrictions;
application rules;
the procedure for securing the application (for example, if it is secured by money, then the funds must be deposited into a special bank account from the list determined by the Government in accordance with Law 44-FZ).

In case of violations committed by the customer under 223-FZ, including failure to procure from SMEs, he is entitled to punishment in the form of an obligation to apply the provisions of Law 44-FZ. The amendments clarified that in this case the customer must apply the provisions of the law 44-FZ, which are expressly specified in 223-FZ (part 8.1 of article 3, which will appear in 223-FZ from July 1, 2018).

New volume of purchases

The total volume of purchases that customers under 223-FZ must make from SMEs remains at the same level. This is 18% of the annual volume. But the volume of direct purchases from SMEs, that is, those that are carried out exclusively among such entities, has changed. Until January 1 of this year, in accordance with Government Decree No. 1352, it was 10%.

From the beginning of 2018, a new Decree No. 819 of August 19, 2016 came into force. So, according to him, purchases exclusively for SMEs increased from 10% to 15%.

Who should procure from SMEs

In accordance with the Decree of November 15, 2017 No. 1383, from January 1, which must conclude contracts with small and medium-sized businesses in the amount of 18% of the total annual purchases. now this three types of organizations:

customers whose annual revenue is more than 500 million rubles;
customers, including credit institutions, whose assets exceed 500 million rubles, provided that they themselves do not belong to the category of SMEs;
autonomous institutions that in the previous year made purchases (meaning concluded contracts) in the amount of more than 250 million rubles.

Changing the SME Procurement Report

Since 2018, the report on procurement from small and medium-sized businesses has received new form. What specifically has changed?

Information on contracts for each category of SMEs is now indicated separately.
Contracts concluded for a period of more than 5 years constitute a separate category.
Separately, the number of contracts that were paid in the current year, but will be executed after its end, is indicated.

We remind you that a report on purchases from SMEs made in 2017 must be published in the EIS until February 1, 2018.

Briefly about other changes in 223-FZ, which will come into force in 2018,.

In 2016, customers with revenues of more than 2 billion rubles. are obliged to purchase at least 18% of the total annual volume from SMiSP. Such customers are required to calculate the annual volume of purchases, develop and approve the list, and publish it in the EIS. And no later than February 1, 2017 - publish the report. Otherwise, "hello, 44-FZ" from 2017.

Small and medium-sized businesses are companies that meet certain criteria (revenue, number of employees, etc., Art. 4 federal law dated July 24, 2007 No. 209-FZ). Such companies are abbreviated as: SMiSP, SMP, SSP. In the article we will use the abbreviation SMiSP.

Next, you will learn about changes in the procurement rules under 223-FZ from small and medium-sized businesses (SMiSP), about the actions that the customer must take within the framework of the requirements of Decree 1352. We will also consider how to fill out reports for those customers who are not required to work on this resolution.

Advice to customers who do not apply Decree No. 1352:

“It is a mistake to assume that if you do not purchase goods, works, services from SM&SP, then you do not publish a monthly report. It is necessary to keep a report, there were no purchases from SMiSP - put "0", in this case the report is considered completed. I also recommend not to establish a condition that only SMEs can participate in the purchase. If you independently provide any preferences related to purchasing only from SMEs, your actions may be regarded as a violation of competition law. Decree No. 1352 does not apply to you, therefore, you have no right to establish the possibility of restricting participants.

The Ministry of Economic Development in a letter dated 09.07.2015 No. D28i-2082 notes: “Autonomous institutions that are not subject to the Government Decree on procurement from small and medium-sized businesses (SMMEs) are not entitled to establish the condition that in the procurement under Law No. 223 -FZ only SMEs can participate. The Ministry of Economic Development notes that the requirement to submit a declaration confirming such status in the application is also unlawful. These conclusions can be guided not only by autonomous institutions, but also by other customers, in respect of which the said Decree is not valid.

Customer under 223-FZ with revenue less than 2 billion rubles. should not publish an annual report on purchases from SMiSP (letter of the Ministry of Economic Development dated 03.06.2015 No. D28i-1507)

If the revenue does not exceed 2 billion rubles, the report does not need to be published. Not in the case when there were really purchases from SMiSP, and even more so in the case when there were no purchases. The situation when the customer's revenue is exactly 2 billion rubles also falls under this rule: the annual report is not prepared.

Innovative purchases from SMiSP

Some customers have an obligation to purchase innovative goods, works and services from small and medium-sized businesses. The government approved the list of such customers, as well as the annual volume of purchases, the form of the annual report and the requirements for its content (Decree of the Government of the Russian Federation dated 06.11.2015 No. 2258-r).

A special body has been created that controls the purchases of customers from SMiSP - JSC "Federal Corporation for the Development of Small and Medium-Sized Businesses".

Online course "Purchases under 223-FZ". Additional professional program professional development is developed on the basis of the requirements professional standard"Purchasing Specialist" Advanced training (72 hours)

To display the form, you must enable JavaScript in your browser and refresh the page.

Reading time: 6 min

The current legislation in the field of procurement provides opportunities for state and municipal customers to conduct procurement both in compliance with the rules for ensuring free competition in the market, and limiting such competition. In the latter cases, there is the use of technologies aimed at procurement, within which tenders are not held.

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

What does the Federal Law "On the Procurement of Goods, Works, Services" say about such non-competitive purchases? certain types legal entities”, and how such procurement can be carried out?

Features of non-competitive purchases under 223-FZ

Currently, all ongoing purchases, which are designed to meet state and municipal needs, are regulated by two laws - the Federal Law "On contract system in the field of procurement of goods, works, services to ensure public and municipal needs”, which received the number, as well as the Federal Law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”, better known as. Both of these laws provide for both competitive and non-competitive ways determining the contractor for certain contracts.

If Federal Law No. 44-FZ regulates non-competitive procurement methods in great detail, then the law No. 223-FZ does not provide for such careful regulation for such purchases - the legislator under this law speaks only of some features, which include the following:

under Federal Law No. 223-FZ, only purchases from. Other options are not provided, since this law prioritizes the use of only competitive procedures, moreover, conducted in electronic form;
all ongoing non-competitive procurement must be carefully reflected in the procurement framework created within the state or municipal customer.

Other features within this normative act for non-competitive procurement is currently not provided.

Procurement regulation and non-competitive procedures

Federal Law No. 223-FZ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities” establishes a requirement for the customer to create a special Procurement Regulation that will regulate all ongoing.

The procurement regulation is approved by the customer when organizing the procurement system within its legal entity conducting such procurement. Such a Regulation can be adopted once at the moment when it is formed, which will be engaged in procurement, or it can be changed every year by decision of the head of the customer himself, if this is provided for by the production need or a change in the functioning of a particular organization.

The Regulation on Procurement should reflect all those purchases that the customer will carry out for the conclusion of contracts that are aimed at meeting his needs.

Within the framework of such a Regulation, it is necessary to indicate not only information about which methods will be used to conduct certain purchases, but also the rules for conducting such procurement procedures. Particularly careful regulation within the framework of the Procurement Regulations should be carried out in relation to non-competitive procurement.

Within the framework of Federal Law No. 223-FZ, only purchases from a single supplier are recognized as such. However, it should be understood that this species procurement is not regulated under the current legislation for procurement by certain types. It is for this reason that it is necessary that this type of procurement be very carefully worked out within the framework of the Provisions being created on the conduct of procurement within the framework of the functioning of a specific state or municipal customer.

In addition, under the current procurement legislation, some types of legal entities may conduct small-scale purchases through direct bidding. This type of non-competitive procurement should also be reflected in the Procurement Regulations. At the same time, within the framework this document it is necessary to indicate how direct bidding will be conducted. Such purchases, in accordance with the provisions of Federal Law No. 223-FZ, can only be made in respect of those purchases initial contract for which does not exceed five hundred thousand rubles (since direct bidding, if the initial maximum price of the contract does not exceed one hundred thousand rubles, may not be reflected in the procurement plan).

Planning and conducting non-competitive procurement

Non-competitive procurement using the 223-FZ is carried out on the basis of an accepted and approved procurement plan. Planning in this case is a necessary measure in order to determine when and under what circumstances certain purchases will be made. In addition, when making ongoing purchases, the distribution of the number of ongoing purchases is also made, which should be made from small businesses and socially oriented non-profit organizations as part of the implementation of programs adopted at the federal level to support such business entities.

Within the framework of Federal Law No. 223-FZ, only a purchase from a single supplier can be considered as a non-competitive purchase.

This is due to the fact that all other procurement procedures are such procurements, during which there is a struggle between various participants for the right to conclude an agreement or contract. At the same time, such a struggle can take place by participating in or by submitting applications for the conclusion of a contract or agreement indicating their proposals for the final conditions in order to offer the customer the most favorable conditions for meeting his needs.

When conducting a purchase from a single supplier, the Procurement Regulations should reflect information on the cases in which such purchases can be carried out, what is the maximum threshold for initial maximum price contract when carrying out such a procurement procedure (it will be necessary to justify the need for a purchase at a price of up to one hundred thousand rubles, and for organizations with a turnover exceeding the established threshold of all ongoing purchases, if such a threshold is formed on the basis of Government Decrees Russian Federation, up to five hundred thousand rubles), as well as the need for procurement in a non-competitive way.

If we are talking about small purchases that are carried out on the basis of the direct bidding mechanism, then all the rules for conducting them should be formulated, including the procedure for preparing documents for consideration by the customer of specific proposals from potential buyers.

Small purchases, which are currently carried out on the basis of the provisions of Federal Law No. 223-FZ, should be carefully regulated within the framework of the Regulation being created due to the fact that such purchases are made through the mechanism of concluding an agreement or contract with a single supplier. Carrying out small purchases using the direct bidding mechanism provides for the need for a potential contractor to prepare a special analytical note, which will reflect all the necessary conditions for making purchases.

The submitted analytical notes are considered by the customer, and the final contract or agreement is concluded with the contractor who offered the best option. However, such a mechanism can be implemented only in relation to a limited number of purchases that are carried out for the conclusion of agreements and contracts for the receipt of various types of financial services from specially accredited financial institutions, as well as in relation to procurement, the result of which is the selection of a subcontractor to perform any type of work.

The terms for concluding a contract based on the results of a non-competitive procurement procedure should also be reflected in the Procurement Regulations. In particular, within the framework of this document, it is necessary to indicate during what period of time contracts and agreements should be concluded following the determination of all conditions for such an agreement.

The maximum period for signing may not exceed ten days from the end of the procurement procedure itself or the placement of a notice of such procurement in.

Features of procurement from SMP

Federal Law No. 223-FZ says that when making various purchases, regardless of whether it is a competitive or non-competitive way to determine the contractor under the contract, it is necessary to carry out such procedures and conclude contracts and agreements, the contractors under which will be either socially oriented non-profit organizations.

The process of making such purchases is regulated by the provisions of Government Decree No. 11352, adopted on December 11, 2014, "On the peculiarities of the participation of small and medium-sized businesses in the procurement of goods, works, services by certain types of legal entities." So, in particular, in order to implement the provisions of this Decree, it is necessary to comply with the requirements that are established for the total amount of annual purchases that are made in relation to such purchases from SMP and SONKO.

Guided by the main provisions of this Decree, the state and municipal customer are obliged to plan the ongoing purchases from SMP and SONCO, taking into account the percentage that should be implemented in relation to contracts concluded with such business entities.

By general rule, which is currently in force for all those who make purchases to meet their needs on the basis of the provisions of Federal Law No. 223-FZ, when planning purchases to be carried out by such a customer, it is necessary to take into account those established volumes for such purchases that are within the scope of this ruling.

At the same time, regardless of how the procurement procedure is carried out (competitive or non-competitive), the total number of contracts and agreements concluded with SMEs must be at least eighteen percent of total number concluded contracts. This number should include contracts and agreements concluded as a result of procedures carried out only among SMEs and SONCOs.

The total volume of such purchases, which are carried out among small businesses and socially oriented non-profit organizations, should not be less than ten percent, regardless of whether we are talking about ongoing competitions and auctions or purchases from a single supplier.

However, these features of the procurement procedures apply only to those state and municipal customers whose annual volume of purchases exceeds one billion rubles. In the event that the annual volume of purchases is less than this amount, then the Government Decree makes it possible not to fulfill its requirements.

However, you will have to submit a monthly report on what purchases were made and when, as well as how many purchases with the participation of SMP and SONCO were made. In addition, within the framework of such a monthly report, information is provided on the number of concluded and executed agreements and contracts implemented with the participation of small businesses.

Because such purchases are subject to scrutiny by regulatory authorities in the field of procurement, in particular,, then the customer, when planning and implementing such purchases, is obliged to remember how he will reflect not only in terms of purchases from small businesses, but also how he will carry out such purchases, and will also control the execution of the contract.

Procurement by non-competitive methods, if such procurement procedures are carried out on the basis of Federal Law No. 223-FZ “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”, must be carried out in strict accordance with the provisions of this regulatory act. In the event that we are talking about purchases that are carried out from small businesses, both competitive and non-competitive methods can be implemented for them. At the same time, such purchases will be carried out not only in accordance with the provisions of Federal Law No. 223-FZ, but also in accordance with the provisions of other regulations, for example, Decrees of the Government of the Russian Federation.