First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?". Law on contract system the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations(SONO). Let's take a closer look.
The first are registered in in due course legal entities (business companies, partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.
SONKO or SONO (socially oriented not commercial organizations) are faces created in certain forms (for example, public organizations, funds) in order to solve social problems, development of civil society, and others, provided by law No. 7-FZ.
Privileges and how to exercise them
The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. The privilege can be exercised in two ways:
- (, competitions with limited participation, two-stage competitions, electronic auctions, and proposals), which can only be SMP and SONO;
- the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.
The customer fixes the volume of involvement of subcontractors from among the SMP and SONO in the form of a fixed percentage (but not less than 5%). At the same time, the executor of the state contract must pay off such subcontractors no later than 15 working days instead of 30 calendar days. Such innovations were introduced into the contract system by Government Decree No. 1226 of October 7, 2017, which amended Government Decree No. 1466 of December 23, 2016.
At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.
SHS - what is it?
Total annual purchases (GPO) is total number Money allocated for the purchase of goods, works and services. SHOZ is determined on fiscal year. These funds are intended to pay for contracts in this financial period. To the question of whether it is necessary to include the cost of long-term contracts that were drawn up last year and are being executed in the current one, we answer: in this case, only the amount that is payable in the current period should be included in the SSS.
So, what is the cumulative annual volume of purchases for:
- to decide on the establishment contract service;
- to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from the SMP according to 44 Federal Laws, the percentage is 15%, as well as from SONO);
- to calculate the volume of goods and services purchased from;
- in order to determine the quantity of goods and services that can be purchased through a request for quotations.
Purchases from SMP under 223-FZ
Like the Law on the contract system, 223-FZ provides for bidding with the participation of small businesses. Features of such procurement procedures are established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:
- a tender, the participants of which can be any persons, including the subjects we are considering;
- procurement, in which only small businesses participate;
- a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.
It should be noted that the annual volume of purchases from them is set at 18%.
Small businesses, socially oriented non-profit organizations in the amount of at least fifteen percent of the total annual volume of purchases, calculated taking into account part 1.1 of this article, by:
1) holding open competitions, competitions with limited participation, two-stage competitions, electronic auctions, requests for quotations, requests for proposals, in which the procurement participants are only small businesses, socially oriented non-profit organizations. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles;
1.1. When determining the volume of purchases provided for by Part 1 of this Article, the calculation of the total annual volume of purchases does not include purchases of:
1) to ensure the defense of the country and the security of the state;
2) services for the provision of loans;
3) at sole supplier(contractor, performer) in accordance with Part 1 of Article 93 of this Federal Law, with the exception of purchases made in accordance with Clauses 25-25.3 of Part 1 of Article 93 of Clause 1 of Part 1 of this Article;
(see text in previous edition)
4) work in the field of the use of atomic energy;
5) in the implementation of which apply closed methods definition of suppliers (contractors, performers).
1.2. Customers have the right to make purchases specified in clauses 1 and 5 of part 1.1 of this article from small businesses, socially oriented non-profit organizations in accordance with part 1 of this article. At the same time, the volume of such purchases is taken into account in the volume of purchases made by customers from small businesses, socially oriented non-profit organizations in accordance with part 1 of this article, and is included in the report specified in part 4 of this article.
2. This article applies to socially oriented non-profit organizations (with the exception of socially oriented non-profit organizations whose founders are the Russian Federation, subjects Russian Federation or municipalities) carrying out, in accordance with the constituent documents, the types of activities provided for by paragraph 1 of Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations".
3. When determining suppliers (contractors, performers) by the methods specified in clause 1 of part 1 of this article, notices of procurement establish a restriction on procurement participants, which can only be small businesses, socially oriented non-profit organizations. In this case, procurement participants are required to declare in applications for participation in procurement their affiliation with small businesses or socially oriented non-profit organizations.
(see text in previous edition)
4. If the determination of suppliers (contractors, executors) is declared invalid due to the fact that at the end of the deadline for submitting bids, final bids, no bids, no final bids or all bids were submitted, the final bids were rejected in the manner prescribed by by this Federal Law, the customer has the right to cancel the restriction specified in part 3 of this article and make purchases on a general basis. At the same time, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from small businesses, socially oriented non-profit organizations in accordance with part 1 of this article. Purchases made on the basis of paragraphs 25 - 25.3 of Part 1 of Article 93 of this Federal Law based on the results of the failed determination of suppliers (contractors, performers) carried out in accordance with the requirements of paragraph 1 of Part 1 of this Article are accounted for in the volume of purchases that customers made from the subjects small business, socially oriented non-profit organizations. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from small businesses, socially oriented non-profit organizations provided for in Part 2 of this Article, and by April 1 of the year following the reporting year, place such a report in a single information system. In such a report, the customer includes information on contracts concluded with small businesses, socially oriented non-profit organizations.
(see text in previous edition)
5. When determining the supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for the supplier (contractor, performer), who is not a small business entity or a socially oriented non-profit organization, to involve subcontractors, co-executors from among small business entities in the performance of the contract. entrepreneurship, socially oriented non-profit organizations.
(see text in previous edition)
6. The condition for the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of contracts in the case provided for
The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative benefits are provided.
Small business entities are commercial organizations legal organizations and individual entrepreneurs), carrying out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and number of employees.
Which organizations belong to the SMP
For business companies and partnerships, at least one of the requirements of paragraph 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators for revenue and the average number of employees are considered.
Federal Law "On the development of small and medium-sized businesses in the Russian Federation" dated July 24, 2007 N 209-FZ regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing more organizations to meet the status of a small or medium-sized business.
Gradation of enterprises and limits set in each of the groups:
Micro enterprise: the amount of annual revenue without VAT should not exceed 120 million rubles, and the number of employees should not exceed 15 people.
Small business: the amount of annual revenue - no more than 800 million rubles, the number of employees - no more than 100 people.
Medium enterprise: revenue without VAT for the year - up to 2 billion rubles, and average headcount employees does not exceed 250 people.
The same rules for categorization apply to individual entrepreneurs. If individual entrepreneurs there are no employees, then only the amount of revenue received for the year will serve as a criterion. Using patent system taxation IP is classified as a micro-enterprise.
All SMEs are entered in the Register of Small Business Entities, maintained by the Federal Tax Service, on the basis of:
information from the Unified State Register of Legal Entities, EGRIP;
information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activity and the application of special tax regimes, in the reporting established by the legislation of the Russian Federation;
information provided by persons specified in paragraph 2 of Art. 6 FZ No. 408-FZ;
information that provides legal and individuals entered in the SMP register.
More detailed information can be obtained on the website of the Federal Tax Service, including see.
Regarding public and commercial procurement, small businesses also have a number of advantages over other participants.
Purchase from small businesses, SONKO 44-FZ
Public procurement under 44-FZ from small and medium-sized businesses is regulated by Art. 30 44-FZ.
For customers working in accordance with the law "On the contract system", a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.
According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in the amount of at least 15% of their annual purchases. Such auctions can be carried out in the following forms:
open competition;
competition with limited participation;
two-stage competition;
electronic auction;
request for quotations;
request for proposals.
At the same time, the initial maximum price contract should not exceed the figure of 20 million rubles.
Also, a positive moment in procurements carried out only among small businesses and socially oriented non-profit organizations is that the amount of application security for participation is set at no more than 2% of the NMCC. For comparison, in other procurements, the customer has the right to establish an application security in the amount of up to 5% of the contract price.
Involvement in the execution of the contract SMP or SONCO
When making a purchase, the customer has the right to establish in the notice a requirement for a contractor who is not an SMP or SONCO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.
In this case, it is indicated what percentage of the work (of the contract value) was carried out with the involvement of a subcontractor from among the SMP, SONCO, and this part is credited to the customer in the volume of purchases for reporting period committed by small businesses and SONKO.
The contract of such a tender must include a clause on the civil liability of the contractor for failure to fulfill the conditions for engaging a subcontractor from among the SMP, SONKO.
The Government of the Russian Federation may establish standard conditions for contracts providing for the involvement of SMEs (small and medium-sized businesses) in the execution.
Advantages:
- the contractor must settle accounts with subcontractors and co-executors involved from among the SMP and SONCO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendar days.
- the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of SMP or SONKO.
Calculation of the volume of purchases from SMP, SONKO according to 44-FZ
money to secure the application must be deposited into a special bank account;
the contract with the winner of the purchase is concluded in electronic form on site (paper version is not applicable).
Terms of publication of notices of procurement:
Contests and auctions:
at NMTsK up to 30 million rubles, then at least 7 days;
at NMTsK more than 30 million rubles - in 15 days.
Request for proposals— within 5 working days (NMCC should not exceed 15 million rubles).
Quote request- for 4 work. days (NMTsK should not exceed 7 million rubles).
The payment term for contracts concluded with SMEs from 01/01/2020 has been reduced from 30 days up to 15 days. By analogy with purchases from the NSR under 44-FZ.
Procurement schedule from SMEs
Customers who are included in the category according to PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the EIS. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.
In the procurement schedule, the customer must, in separate sections, reflect and approve the goods, works or services that he will purchase by bidding only among the SMEs. Participants of such tenders in the application must declare their affiliation to the NSR, on this moment the form is unified and the same for all.
The initial maximum purchase price, carried out only among participants in small and medium-sized businesses, should not exceed 400 million rubles.
Also, a certain group of customers, approved by Government Decree N 475-r, must purchase innovative and high-tech equipment from small businesses.
According to Art. 5.1 223-FZ in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports requirements of the legislation of the Russian Federation on procurement from SMEs. Conformity assessment is carried out as part of the verification of the draft plan for the procurement of goods, works or services, the draft plan for the procurement of innovative and high-tech products and projects for amending such plans, prior to the approval of those plans.
Monitoring is already carried out according to the procurement plans approved by the customer and the changes made to them.
Based on the results of the inspection and monitoring, a conclusion is issued on the conformity or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer needs to eliminate them or place a protocol of disagreements to this notification in the EIS. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.
Report on procurement from SMEs
At the end of the month, each customer must draw up a report that will contain information about his purchases from SMEs, and no later than the 10th day of the month following the reporting month, place it in the EIS. (clause 4, part 19, art. 223-FZ)
Until February 1 of the year following the reporting year, the customer must publish in the EIS an annual report in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.
Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not place it at all in a single information system, then appropriate sanctions are imposed on such an organization, namely - it loses the privileges of purchasing under 223-FZ and from February 1 until the end of the year following the reporting one, it will be obliged to conduct auctions only within the framework of 44-FZ.
As for the submission of reports by companies operating under 223-FZ, but not obliged to purchase from SMP, these companies also submit monthly reports on the number of contracts signed with SMP, which indicate the number of such contracts, in case of their absence, simply prescribe the value 0. At the same time, organizations that do not fall under Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in the auction only by small and medium-sized businesses, because. this would be considered a restriction of competition.
Annual Procurement Report SMSP enterprises with revenues of less than 2 billion rubles. should not be published, even if such tenders were held.
SME suppliers
Now the benefits for procurement participants belonging to small and medium-sized businesses have been canceled. But at the same time, there are restrictions that do not allow participation in the procurement conducted for SMEs.
OOO IWC"RusTender"
The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation
Bairashev Vitaly
Analyst of the Center for Effective Procurement (LLC "Tenders.ru")
Unlike the federal law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (hereinafter - 94-FZ), federal law of April 5, 2013 No. 44 -FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - 44-FZ) provides advantages in procurement not only to institutions and enterprises of the penitentiary system, organizations of the disabled, small businesses ( hereinafter - SMP), but also socially oriented non-profit organizations (hereinafter - SONKO). At the same time, the participation of SONCOs in procurement involves providing them with the same benefits that the law provides to the SMP.
According to clause 2.1, part 2, article 2 of the federal law of January 12, 1996 No. 7-FZ “On non-profit organizations” (hereinafter - 7-FZ), socially oriented non-profit organizations are non-profit organizations created in the forms provided for by 7-FZ ( with the exception of public corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as the types of activities provided for in paragraph 1 of Art. 31.1 7-FZ.
The types of activities provided for in paragraph 1 of Article 31.1 of the 7-FZ include:
1) social support and protection of citizens;
2) preparation of the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;
3) providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;
4) security environment and animal welfare;
5) protection and, in accordance with established requirements, the maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial places;
6) rendering legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect the rights and freedoms of man and citizen;
7) prevention of socially dangerous forms of behavior of citizens;
8) charitable activities, as well as activities in the field of promoting charity and volunteering;
9) activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of the health of citizens, propaganda healthy lifestyle life, improve the moral and psychological state of citizens, physical culture and sports and the promotion of these activities, as well as the promotion of the spiritual development of the individual;
10) formation in society of intolerance to corrupt behavior;
11) development of interethnic cooperation, preservation and protection of the identity, culture, languages and traditions of the peoples of the Russian Federation;
12) activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation.
Despite the fact that SONCO has a fairly broad definition in 7-FZ, the advantages in procurement, in accordance with Part 2 of Article 30 of 44-FZ, are provided only to those SONCOs that carry out the activities provided for in paragraph 1 of Art. 31.1 7-FZ, and whose founders are not the Russian Federation, subjects of the Russian Federation and municipalities.
An important difference between 44-FZ and 94-FZ is the absence in the provisions of 44-FZ of a reference to a list of goods, works and services, a certain proportion of which must be purchased from SMP and SONKO. 44-FZ determines that customers must carry out at least 15% of the total annual volume of purchases from the SMP and SONCO provided for by the schedule, provided that the initial (maximum) contract price does not exceed 20 million rubles (within the framework of 94-FZ, the initial ( maximum) the price of the contract should not exceed 15 million rubles).
At the same time, paragraph 1 of part 3 of article 112 of 44-FZ establishes that in 2014 and 2015 the calculation of the total annual volume of purchases provided for in part 1 of article 30, parts 1 and 2 of article 38, part 2 Article 72, Clause 4.5 Part 1 Article 93 44-FZ, is made by customers without the use of schedules. This means that in 2014 and 2015, purchases from SMP and SONCO should be calculated by customers from the total amount of funds allocated for purchases.
The calculation of the total annual volume of purchases may raise certain questions for the customer, since in practice the total volume of purchases can be understood as the adjusted limits of budget obligations or the amount of subsidies provided (for budget institutions) net of taxes and wages, the amount of concluded contracts, the amount of executed contracts. In particular, it is not entirely clear what indicators the control authorities will be guided by when conducting inspections. In the case of calculating the volume of purchases from SMP and SONPO, this task is facilitated by the fact that 44-FZ does not contain the maximum allowable volume of purchases from SMP and SONPO - in order to avoid unnecessary questions from regulatory authorities, the customer only needs to choose the largest of the estimated values of the total volume of purchases and calculate the share from this value. If desired, the customer can purchase from SMP and SONKO almost the entire volume of goods, works, services he needs.
At the same time, it should be noted that goods, works, services purchased from SMP and SONCO are taken into account in the calculations only if the purchase was carried out through competitive procedures, which include a tender, including a two-stage tender and a tender with limited participation, an auction , request for quotations, request for proposals. That is, the purchase from a single supplier, which is an SMP or SONCO, should not be taken into account in the calculations. For purchases from SMP and SONCO, customers will have to maintain special reporting, which will reflect information on contracts concluded with SMP and SONCO, as well as information about the failed determination of suppliers (contractors, performers) with the participation of SMP and SONCO.
The requirement to purchase goods, works, services from the NSR and SONCO does not apply to purchases to ensure the country's defense and state security and the purchase of works in the field of the use of atomic energy. But the customer has the right to make such purchases from SMP and SONCO.
Quite interesting is another innovation of 44-FZ, which gives the customer the right to establish in the notification a requirement for a supplier (contractor, performer) who is not an SMP or SONCO to involve subcontractors, co-executors from among the SMP, SONCO in the execution of the contract. Thus, the customer will theoretically be able to reduce to zero the share of procedures announced among the SMP and SONCO, if he actively exercises this right when making purchases, in which there will be no restrictions related to the affiliation of the procurement participant to the SMP and SONCO. The disadvantage of actively applying this approach may be a decrease in the attractiveness of purchases made by the customer and, as a result, an increase in the proportion of procedures that will not result in contracts (contracts) being concluded, since not all procurement participants want to involve subcontractors (co-contractors), increasing the risks of non-execution of the contract . The practice of exercising this right can only be seen after the entry into force of 44-FZ. In addition, standard terms of contracts providing for the involvement of such subcontractors and co-executors in the execution of contracts may be established by the government of the Russian Federation. Corresponding normative act not adopted yet - the requirement to involve SMP and SONCO as subcontractors (co-executors) most likely will not be established by customers before the adoption of this regulatory act.
When making purchases from SMP and SONCO, customers are required to establish a restriction stipulating that procurement participants must be SMP or SONCO. Procurement participants in this case must declare that they are SMP or SONCO. Otherwise, the application of the procurement participant, which does not declare the affiliation of the procurement participant to the SMP and SONKO, is subject to rejection. At the same time, the question remains unresolved whether the affiliation of the procurement participant to the SMP and SONKO will be verified. In the event that this information is not verified, then the effect of this rule will be ineffective, since any procurement participant will be able to declare that he is an SMP or SONCO, and participate in determining the supplier (contractor, performer), without actually being an SMP or SONCO .
Summing up, it is worth noting that the requirement for SMP and SONCO to carry out at least 15% of the total annual volume of purchases is almost always automatically fulfilled by all customers already now, if we consider the contracts concluded. After all, due to small budgets, many customers have a small share of large contracts, and all small contracts are concluded with SMP simply because small purchases are not interesting big business with high turnover. This requirement has a certain political meaning associated with the need to support the NSR and SONPO in various forms, including through the mechanism of state (municipal) procurement. From an economic point of view, this measure only makes sense for customers with large budgets, forcing these customers to break down some large purchases into smaller ones in order to increase the participation of SMPs and SONCOs in their purchases. For customers with small budgets, this requirement is another burden, since it establishes the need for additional reporting, which in many cases will not allow to correctly understand the situation with the participation of SMP and SONCO in state (municipal) procurement from a particular customer.
In addition to regular tenders, there are special tenders that are allocated exclusively to small businesses. Such purchases are additional requirements and benefits for suppliers. For the convenience of suppliers, we provide contract services according to any, even the most narrow criteria.
Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in the amount of at least 15% of the total annual volume of contracts concluded. In order to fulfill the standard, Federal Law 44 provides for 3 mechanisms.
Firstly, the volume of purchases of 15% can include contracts concluded with SMEs that won in purchases conducted among all suppliers (for example, a regular purchase was announced, but SMEs won it);
Secondly, purchases, in which only SMEs can participate. it competitive procurement for which a list of goods, works, services is approved (see below). Contracts based on the results of these purchases fall into the standard of 10% of purchases only from SMP;
Thirdly, the contracts concluded by the participants (performers, contractors) with co-executors from among the SMPs go towards the fulfillment of the standard. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that, in order to fulfill the contract, he must attract subcontractors from among the SMP. Such contracts also fall into the total number of contracts concluded with SMEs (15%).
As you can see, for the customer there is a strict regulation on the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to tenders for small businesses in the first place - they are much more profitable and transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.
Result in numbers:
30%
is the amount of the maximum advance in the framework of support for small businesses
Experts of the Entrepreneurship Support Center, having studied all existing small business support programs, using their accumulated experience, and close interaction with various government agencies, have developed a unique scheme of work on state and commercial tenders for small businesses, you will receive lucrative contracts with advance payment and with all possible advantages, as well as at minimal cost!
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The main advantages of purchasing from Small Business Entities and Socially-Oriented Non-Profit Organizations under 44-FZ
The Federal Law uses the designation SMP - "Small Business Entity". The format of participation in procurement is described in detail in, within which customers are required to conclude at least 15% of all contracts with SMP from the total volume of transactions concluded. At the end of the year, before April 1, customers place in the EIS data on tenders allocated for SMP for the entire past year. It is allowed to include in the report only those purchases in which the advantage for SMP was registered and these tenders took place. If the quota is not met, the organization will receive a substantial fine!
SMP can participate in any tender if the organization meets the criteria of the customer and is able to fulfill the terms of the contract. Tenders, which the customer is obliged to place exclusively for small businesses, have a number of benefits. This means that there will be neither large nor medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMTsK purchases from the SMP under 44 Federal Laws cannot be more than 20 million rubles. To apply, suppliers attach. And since 2017, an extract from the Federal Tax Service from the new unified registry SMP.
Result in numbers:
2%
is the amount of the maximum security in the framework of support for small businesses
Benefits for tenders for small businesses under 44 FZ
- Approved advance payment up to 30% of the contract value.
- Terms of calculations for the work performed - strictly up to 15 days.
- The size of the application security is no more than 1% or 2%.
- Enforcement is not more than 5% or 10%.
- Neither medium nor large competing companies can participate.
- Involvement of SMEs through subcontracting, the relevant requirement in the tender documentation.
Of the upcoming changes in federal law approved "On Amendments to the Federal Law" On the contract system ... ". The bill will no longer allow a subcontractor affiliated with the customer to be involved in the implementation of the tender. This will eliminate cases where the organization subcontracts construction to its subsidiaries. If the institution violates the Federal Law, then such a contract cannot be placed in the procurement register from the SMP. Another innovation will concern the fact that since 2017 it is possible to send applications to the EIS for any form of tender selection in in electronic format. For the participants, this will reduce costs, as well as eliminate the corruption component when falsifying the results during the "paper" procedures.
Describe what services or products you supply
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How purchases are made from small enterprises under 44 Federal Laws
The law defines the privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter - SMP, SONKO) in the procurement of goods, works, services for state or municipal needs. Customers are obliged to purchase from SMP and SONCO in the amount of at least 15% of the total annual volume of purchases through various tenders: open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles. (part 1 of article 30 of Federal Law-44).
Procurement from SMP and SONCO is a separate procedure - its participants are exclusively SMP and SONCO, and a corresponding restriction is established in the notices of procurement. In this case, procurement participants are required to declare in their applications for participation in procurement their affiliation with the SMP or SONKO (part 3 of article 30 of Federal Law-44). You can download all the necessary declarations and certificates in the section.
In the event that purchases from SMP or SONCO are recognized as failed, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONCO, and make purchases on a general basis (part 4 of article 30 of FZ-44).
The customer has the right to establish in the notice of procurement a requirement for a supplier (executor, contractor), who is not an SMP or SONCO, to involve co-executors from among the SMP, SONCO in the execution of the contract. At the same time, the condition on the involvement of subcontractors, co-executors from among the SMP, SONKO in the execution of contracts is included in the contracts indicating the volume of such involvement, set as a percentage of the contract price.
In the event that the notice of procurement establishes restrictions on the participation of exclusively SMEs and SONCOs, the contract concluded with a small business entity or a socially oriented non-profit organization includes required condition on payment by the customer for the delivered goods, work performed (its results), services rendered, individual stages of the contract execution no more than within fifteen days from the date of signing the acceptance document by the customer.
A state or municipal customer is obliged to provide part of its needs through contracts with small enterprises or non-profit organizations, doing this in the following ways, similar to:
- Conducting purchases (competitions, auctions, quotations) specifically for these persons. At the same time, the initial price of the contract should not exceed 20 million rubles, the size of the security for the participant's application - no more than 2% of the initial purchase price. The documentation must contain a condition for admission to participation only of SMP and SONCO. After fulfillment of obligations by the supplier/performer/contractor, payment must be transferred to him no later than 30 days.
- Indicating in the procurement documentation the obligation of the winner to involve co-executors from among small businesses in the execution of the contract (a specific percentage of the contract price, but not less than 5%).
If the procurement is carried out among the SMP / SONCO, the procurement participant declares his affiliation to these entities as part of the application. The form of such a declaration is not approved, and is drawn up arbitrarily. If the organization is already included in, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits are not provided for by law for everyone.
It is important to remember that for the provision of false information, the contract with the winner may be terminated by the decision of the customer.
Administrative responsibility for non-compliance with the norms of the legislation on placing an order with SMP is determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:
- violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, relies a fine of 5 and 15 thousand rubles for individuals and legal entities respectively;
- in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
- violation of the deadline for posting information when requesting quotations or proposals from small businesses no more than a day - 3 and 10 thousand rubles for individuals and legal entities;
- similar violation with delay more than a day - 15 and 50 thousand rubles;
- violation of the requirements and procedure for posting information on purchases from small businesses entails a fine of 15 and 50 thousand.
Detailed standards are presented in the section. Penalties are also due for other administrative violations - unlawful refusal, non-compliance with the requirements for keeping records and reporting. Separately, it should be noted penalty for non-compliance with the established volume of purchases for small businesses - it is 50 thousand rubles.
Order free consultation at the start of work
And we will help you take advantage of all the available benefits for SMP!
How to start searching for suitable auctions for small businesses under Federal Law No. 44
You can do an independent search for the necessary information, buy a program for monitoring purchases and hire a tender specialists with suitable experience or apply to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most affordable prices with a guarantee of a positive result.
Result in numbers:
1 month
is the maximum term for the conclusion of the first successful contracts
We will promptly check your organization for compliance with all criteria, order an extract and inform you about the result. After that, we will coordinate with you and prepare constituent documents and declarations required for further work with tenders and financing.
When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which the advance payment is approved and short time calculations, as well as provide access to the Multifunctional Cabinet, which will provide you with all the necessary information.