Organization of the work of the procurement department according to 223 fz. Structural diagram of the division of responsibilities between employees involved in procurement activities. Requirements for model provisions

Entrusting management to specialists trade assortment and commodity flows, the management determines the necessary powers and areas of their responsibility, which should be recorded in job descriptions and in the system of motivation of buyers.

The work of the purchasing department has an impact on all activities of the company: sales, effective use of working capital, satisfaction of consumers with prices and assortment, the fullness of warehouses and the efficiency of the internal supply chain. It is connected with the work of employees of almost all departments - from accounting to the transport service. In this regard, it is necessary to carefully consider the organizational aspects purchasing logistics.

The most complex models of organizing purchasing activities are typical for large chain stores. Analysis of domestic and foreign experience makes it possible to distinguish the following models of procurement logistics retail chains.

Model 1. Direct from the supplier

Suppliers directly supply all stores in the network with goods. Obviously, this is the most inefficient scheme in terms of transport logistics, which is also characterized by a high level of costs.

Model 2. Through the distribution center

The retail trade network creates its own distribution (distribution) center. Note positive sides this option: decrease inventory in warehouses of stores, increasing the turnover and manageability of inventory, ensuring the availability of goods at the peak of sales, ensuring the quality of goods through the organization of a centralized quality service, simplifying interaction with suppliers.

Despite the obvious advantages of the second model, experts recommend, first of all, small retail chains to conduct a thorough analysis of the profitability of creating a distribution center.

When using a distribution center in a small retail network the following difficulties may arise:

The company must invest heavily in the construction of a distribution center (taking into account the development of the network), which is far from always profitable.
Long payback period of the distribution center.
The distribution center may not be fully loaded, and the cost of its maintenance must be borne in full.
Maintenance and modification of a modern and rather complex warehouse information system.
When renting a distribution warehouse, it may not be adapted to the profile of the trading network (for example, not meet the requirements temperature regime, humidity, fire safety).
The need to purchase and use your own transport, which is not always economically justified.

If the distribution network is small and it is not planned to increase the number of stores, then you can consider working with a good wholesaler (distributor). Relying on the efficient logistics of distributors, the network can significantly reduce the cost of acquiring and maintaining its own logistics resources.

Thus, the decision on which procurement logistics organization model to choose is made by a trading company, primarily based on its own development strategy and economic feasibility.

Modern retail chains are developing in two directions: increasing the efficiency of retail chain management and increasing the number of chain stores (taking advantage of economies of scale).

Retail network management models

Specialists identify the following models for managing a retail trade network and its procurement logistics:

Investment model

Assumes the presence of an investing and consolidating center with independent trading facilities. This model is more often used by trading companies that are not network companies in the full sense of the word. They are united either by common investors or by a common trademark.

Advantages of this model: management tasks in central office simplified, local initiative is possible.

Disadvantages: inability to take advantage of the network structure, dependence on the qualifications of store managers, lack of consolidation of purchases.

holding model

The center determines the purchasing policy (suppliers, nomenclature and purchase prices), but the stores are independent in operational management. For the center, the high efficiency of information about the state of retail facilities is not very important. This model is used by a significant part of Russian retail companies, and one of the main tasks of network retail is successfully implemented in it - the consolidation of the purchasing policy. Most often, this management model is chosen by retail operators who delegate the functions of operational interaction with suppliers to store managers.

Advantages of this model: flexibility in the management of a particular store by local managers.

Disadvantages: excessive growth of the administrative apparatus and, as a result, high costs.

Centralized Model

This is the most effective organization of a network trading company. A single control center delegates to stores the functions that are minimally necessary to participate in logistics operations (ordering goods, inventory, repricing). At the same time, the network can include stores of both the same format and different ones.

Advantages of this model: cost reduction, effective use of the management apparatus with its concentration in a single center. In fact, this is a remote control of retail facilities, which allows intensifying all business processes of a trading company, and, consequently, gaining a significant competitive advantage.

Disadvantages: dependence on the smooth and efficient operation of the information and computer system.

tray model

This model assumes the complete concentration of management in the center and the minimization of management functions in the store (except for the sale of goods to customers). The central office has an information system and records the movement of goods, the entire network management apparatus is also concentrated there.

Advantages of this model: big economy of technical and labor resources.

Disadvantages: direct delivery of goods to the store is excluded, poor consideration of the local characteristics of the stores.

hybrid model

Some of the network's retail facilities are managed centrally, some stores can operate on a holding or, for example, a tray principle. A similar management method is found in retail companies building large national chains. At the same time, regional hives can act as subdivisions operating according to a centralized management model. Within these structures, either a centralized or a hybrid management model is applied.

Advantages of this model: practically the only possible method of management for national and international network retailers, providing a single product policy.

The disadvantages are similar to the disadvantages of the holding management model, however, they can be significantly reduced if the territorial clusters are managed according to a centralized or tray method.

Functions of the Purchasing Department

The purchasing department is a subdivision where decisions are made on the purchase of goods, contracts for the supply of products are concluded, issues of choosing suppliers are resolved, requirements for product quality are established, etc. Internal consumers of the results of the procurement service are other functional divisions of the enterprise that require purchased products.

It is difficult to overestimate the importance of this division in the structure of a trading company, just as it is difficult to overestimate the importance of properly organized procurement logistics for the operation of the entire enterprise.

In principle, the procurement of resources in a company can be built centrally or decentralized. If a company approaches the process from a decentralized perspective, employees from different structural divisions will independently carry out purchases, each for their own department. The advantage of this approach is the fact that the user knows his needs better than anyone else. The procurement process can be faster with this approach.

However, there are many more advantages to centralized purchasing, which is why almost all but the smallest companies use this approach to making purchases. When purchasing in a centralized way, a specific person is appointed or a purchasing department is created with the authority to acquire resources in the interests of all departments of the trading enterprise.

The company's purchasing department is responsible for purchasing products in accordance with requests received from internal customers, or independently monitors the emergence of resource requirements. Within the purchasing department itself, the activities that make up the Purchasing business process often undergo further specialization in order to develop the professionalism of purchasing managers.

Buying centers of large retail chains usually consist of departments responsible for the purchase of any part of the product range. The distribution of the assortment between divisions often occurs on the basis of the similarity of the characteristics of goods. This division of labor allows buyers to accumulate maximum knowledge about their product. The larger the retailer, the narrower the specialization of workers in its purchasing center.

In a small company where the purchasing department is represented by one person, of course, there will be no separation of functions.

Goals of the Purchasing Department

The objectives of the purchasing department (service) of any manufacturing or trading company:

Purchase goods and services at the best price.
Maintain high inventory turnover.
Ensure delivery of goods on time.
Purchase goods with guaranteed high quality.
Maintain friendly partnerships with reliable suppliers.
Get the maximum benefit for the enterprise.
Collaborate and communicate effectively with other departments of the company.
Contribute to the achievement of the company's strategic goals, including the implementation of its logistics strategy.
Reduce the share of procurement costs in total logistics costs.
Maintain effective automated records of purchased goods and maintain other information flows that arise in the course of procurement activities.
Develop and stimulate activities, improve the skills of managers for the purchase of goods.

The priorities for achieving each goal are determined by a particular company, depending on the adopted strategy of activity. For example, for a company pursuing a strategy to reduce costs, the first goal from the above list will be a priority. In conditions of a shortage of some kind of resources, it will be a priority to ensure their uninterrupted supply so that the normal course of the production or trade process is not disturbed, and during periods of saturation of the commodity market, it is especially important
is to maintain the turnover of a trading company at the required level while minimizing investments in inventory.

Let us consider in more detail the main objectives of activities in the field of organization and management of procurement.

Delivery time

Delays in purchases can disrupt the production schedule, resulting in high overhead costs, and goods purchased ahead of schedule place an additional burden on the working capital and storage facilities of the enterprise.

Lot size

The optimal size of the supply lot, i.e., compliance with the exact correspondence between the volume of supplies and the needs for them. An excess or insufficient volume of supplied resources negatively affects the balance of working capital, the stability of output or the stability of sales of a trading enterprise.

Product quality

Maintaining and improving the quality of purchased products. Purchased resources must be supplied of the required quality, otherwise the final product produced by the enterprise will not meet accepted standards. It is necessary to constantly improve the quality of procurement in order to ensure the competitiveness of purchased goods and services.

Search for minimum prices

Search and purchase of goods and services at minimum prices. This task is especially relevant for trade enterprises, since procurement activities require a large amount of working capital, and the lack of working capital, as experience shows, is one of the main problems. Russian business. Profits generated by purchasing at lower prices, and especially by reducing overall logistics costs, can be very significant.

Market research

Procurement market research. The Purchasing Department should conduct regular collection and evaluation of information in order to determine the best sources of purchases and optimize the range of purchased goods.

When organizing the work of the procurement department, one should take into account the level of development of procurement logistics in the company. Specialists identify four main stages in the evolution of procurement logistics, the characteristics of which are given in the table below:

The procurement department (service) is functionally separate subdivision company, which has close contacts with other structures. So, employees of the purchasing department carry out purchases by ordering goods from suppliers and transferring information about orders to the transport department. The transport department undertakes the function of physically moving the cargo from the supplier to the company's warehouses, where, upon arrival, it transfers the cargo to the warehouse employees. Warehouse stores goods. Department of operational
accounting is engaged in information logistics. Because of these close ties, rational organization Procurement Logistics requires constant attention to maintaining an effective working relationship between the purchasing department and other structural divisions enterprises.

Based on the importance effective organization procurement for any enterprise, it is necessary to systematically monitor and analyze procurement logistics.

Purchasing performance indicators

Guided by the functions of the procurement department, the effectiveness of its work, as a rule, is assessed by the following indicators:

reduction of purchase costs in the structure of general logistics costs;
the level of defective products purchased;
share of purchases made on time;
the number of situations where the required resources were not in stock, which caused disruptions in the production schedule or the fulfillment of a customer order;
the number and reasons for changes made to orders due to the fault of the purchasing service;
the number of applications received and completed;
the share of transportation costs in the structure of total procurement costs, etc.

Functions of a Purchasing Manager

Each stage of the procurement process is an opportunity for more profit for the company. This includes choosing the best supplier, getting the best prices, ordering the right amount of goods, effective method transportation, minimizing losses from defective goods - in a word, everything where a company can reduce the cost of purchasing logistics and thereby achieve greater profits. And all the tools that the purchasing manager uses in his work exist precisely to help him make decisions. right decisions and control the flow of goods.

The roles and responsibilities of a purchasing manager may vary from company to company. Researchers distinguish the following models of buyers (Klimenko A. Motivation or imitation? - http://www.iteam.ru/publications/logistics/section_89/article_2843):

Model "performer"

When the volume of production or the volume of future sales for each item of goods is known with a high degree of certainty, the key task of the purchasing manager is reduced solely to the strict implementation of the purchase plan.

Model "expert"

The expert's task is to find goods that will be sold within a short period of time.

Genius Model

The task of the "genius" is to find a seller who is ready to provide the goods himself High Quality at the lowest prices and offer huge payment deferrals, and best of all - payment by
the fact of sale and with the right to return unsold copies.

Model "logist"

Sometimes, due to the characteristics of some markets, as well as the scale and age of the company, the tasks of finding suppliers, finding the lowest prices are not the main ones for the department
procurement. All suppliers are known, the conditions are agreed and are not subject to major changes. In such a situation, the main task of the purchasing manager becomes optimization, i.e. ensuring the flow of resources in accordance with the logistical rule "Seven N".

Before introducing a system of motivation for purchasing managers, the company must develop a clear purchasing policy. Depending on the model of buyers preferred for the implementation of this policy (“expert”, “executor”, etc.), it is necessary to select personnel, create a system for its control and use the indicators of the motivation system.

The Purpose of a Purchasing Manager is to provide the production or trading process of the company with resources (goods and services).

To achieve this goal, the purchasing manager performs the following functions:

Ensures the availability of goods in the optimal quantity and assortment.
Provides planned indicators for the turnover of product groups.
Prepares orders for suppliers.
Tracks order fulfillment.
Regularly monitors the availability and sales of high-demand goods in order to prevent their shortage.
Studying new proposals of suppliers, market conditions.
Summarizes and brings the received information to the management.

Timely informs the company's departments about new offers and receipts of goods, ensures the availability necessary information about goods in the information and accounting system of the company.

Depending on the tasks performed, areas of professional knowledge and skills are determined.

The purchasing manager needs to know:

methods of managing financial flows in logistics;
all components of the supply contract;
factors to consider when choosing a supplier and carrier;
ways to improve the efficiency of procurement management using information technology;
the use of electronic data interchange when interacting with suppliers;
procurement methods;
operations that make up the "Purchase" business process;
functions performed by various intermediaries in the process of order fulfillment;
the procedure for drawing up the contract;
sanctions applied in case of failure to comply with the terms of the contract;
ethics of business communication.

The Purchasing Manager must be able to:

reasonably choose the best delivery terms;
correctly draw up the necessary documents;
to establish interaction of the purchasing department with other departments;
evaluate and select a supplier;
receive and analyze information about the range of goods offered by suppliers;
make an overview of the supplier market;
analyze supplier reliability;
analyze the terms of delivery offered by suppliers;
negotiate with suppliers (in terms of determining prices, terms of delivery, etc.);
compare offers received from different suppliers;
analyze and draft contracts;
build strong business relationship with suppliers, strengthening the image and reputation of their company;
fulfill all agreements with suppliers in a timely manner, do not leave any issue unresolved;
take measures to pay off debts in settlements with suppliers.

For successful completion professional duties it is important for a buyer to have an analytical mindset, systems thinking, be attentive, able to act effectively in stressful situations, control their activities, be able to plan and prioritize, have a large active vocabulary and be able to clearly convey their thoughts to people with different levels of education.

A special place is occupied by communication skills, such as persuasion, negotiation, mastery of basic communication techniques, the ability to compromise (with suppliers and other departments of the company), activity, perseverance, the ability to achieve one's goal, responsibility and decency, stress resistance, endurance and patience in conflict situations.

The purchasing manager works with large volumes of information. This is information about suppliers, about the order of delivery, transportation and payment. The analytical activity of the purchasing manager is to compare prices, quality, delivery times and choose the best option; in product market analysis. Wherein special place occupies the decision-making process in a short time.

Purchasing manager works in the office. Basically, its activities are carried out using such means as telephone, fax, Internet, computer (work with professional programs, with databases, with the Internet; writing reports, etc.).

Difficult for most professionals in the field of procurement logistics are conflicts with the sales department (production department), problems of interaction with difficult suppliers (for example, with monopolists in the market).

Directions for advanced training of a procurement manager are: improving the methods of professional communication; training in negotiation skills; mastering the skills of planning the working day and organizing the procurement process; development of teamwork; improvement of knowledge in the field of production, study of types and types of products, customer demand and sales technologies, legal aspects of procurement.

Evaluation and motivation of the purchasing manager

An important aspect of organizing the work of a procurement manager is the development and implementation of a system of motivation for his work. During development, the company determines which indicators will affect the salary of purchasing managers, establishes quantitative indicators and calculation mechanisms wages based on accepted indicators. After that, the company must bring its wage policy to the buyers and put in place a motivation system.

The buyer's motivation should stem from his functional duties and powers. The system of motivation of the purchasing manager, as a rule, is based on the following indicators:

implementation of the procurement plan;
dynamics of the price level for purchased goods;
turnover of purchased goods;
percentage of fulfillment of requests for the purchase of goods.

Depending on the specifics of the business, the following indicators can be added to those listed above: the percentage of defects in the delivered products, the percentage of incomplete requests for resources, the percentage of claims, etc.

All indicators of the buyer's motivation system should be related to the results of procurement activities that he can really influence (that is, which depend specifically on his work).

In addition, these indicators should be important for a particular enterprise (for example, a decrease in the receipt of defects, an increase in inventory turnover). As practice shows, the salary of a procurement manager is at least 50% of the total remuneration. The bonus part is calculated according to pre-established performance evaluation indicators.
The table below shows the evaluation indicators of the purchasing manager of a retail trading company (44 - Buzukova E. Procurement and suppliers. Assortment management course in retail. P. 218–219).

An important indicator of the evaluation of a purchasing manager is his compliance with professional ethical standards.

The professional ethics of buyers includes such aspects of relationships with suppliers as:

protecting the interests of your company;
confidentiality of information;
fair competition;
attitude to business gifts from suppliers.

There are the following opinions about the permissibility of gifts from suppliers:

Buyers are not allowed to accept gifts, received gifts must be returned.
Buyers may keep promotional gifts, such as pens, calendars, notebooks, etc.
Buyers must decide for themselves whether the gift is a sign of attention, goodwill, or an attempt at commercial bribery.

With any of the options chosen in the company, it is advisable to conduct conversations with buyers, during which to remind them of the existence of ethical standards in the company, explain the need to comply with them.

As an illustration of the importance of the ethical side of procurement logistics, we present the procurement standards formulated by the Institute of Supply Management (USA) (Lysons K., Gillingham M. Procurement and supply chain management. P. 797.):

First of all, look after the interests of your company.
Be open to advice and consultation from colleagues.
Purchasing with your company in mind and spending every dollar wisely.
Actively acquire knowledge about purchased materials and production processes.
Work honestly and openly, rejecting any form of bribery.
Demonstrate a benevolent attitude towards all who deserve it.
Respect and demand respect from others for their duties.
Avoid conflict.
Help and advise colleagues as needed.
Collaborate with all organizations and specific people who are called upon to raise the status of this profession.

Information support of the purchasing department

To manage procurement logistics, an enterprise must have information systems for managing its performance indicators. They should provide the ability to carefully analyze and control the implementation of the "Purchase" business process.

Significant assistance in the analysis of the process of supplying the company with resources, the formation of orders to suppliers can be obtained using the right software. At the same time, it is necessary to pay attention to the program's capabilities to generate analytical reports. Each enterprise, using a computer information system, forms its own set of procurement reporting based on the goals and objectives formulated by top management.

As practice shows, reports and indicators are widespread that reflect the following aspects of procurement activities:

Market terms of purchases:
- changes in prices for purchased goods;
- changes in the supply-demand ratio in the market;
- forecasts of the dynamics of the market of purchased goods.
Inventory cost analysis:
- investment in inventory;
- daily (ten-day, monthly) deliveries and the ordered volume of deliveries by main commodity groups;
- turnover by groups of purchased goods;
- analysis of received discounts;
- analysis of excess reserves.
Efficiency of procurement operations:
- analysis of the quality of purchased goods;
- share of deliveries completed on time;
- absence analysis the right goods in stock;
- the number of changes made to orders;
- delivery time of purchased goods;
- productivity of employees of the procurement department;
- price changes resulting from negotiations, analytical work, improved packaging, rationalization of transportation, etc.;
- transport costs.
Supplier Reliability:
- share of overdue deliveries and refusals to deliver;
- losses from lost sales;
- share of incomplete deliveries;
- quality transport services provided by suppliers and carriers.

The above indicators of control and evaluation of procurement logistics are a necessary part information support supply chain management.

The analytical capabilities of information and computer systems should give purchasing managers a complete and clear picture of all indicators related to procurement activities. Thus, minimum inventory standards are used to control the level of inventory and are the basis for the formation of automatic orders to suppliers. When using automatic orders, the purchasing manager spends time only on adjusting the formed orders, which significantly reduces the time spent, since he does not need to view the remaining goods.

By using software procurement logistics processes, a systematic analysis of market conditions and the work of suppliers of goods is carried out. This provides the buying company with complete information about the conditions for purchasing the necessary goods and makes it possible to make optimal purchasing decisions.

Computer systems must provide the ability to predict the likely shortage of goods, which can lead to disruptions in the trading process, to lost sales, and therefore to increased costs and reduced profits. Information received in advance from suppliers about possible interruptions in supplies allows you to prepare for them in advance and minimize possible losses.

Modern computer systems should strengthen the information integration of the company with its suppliers, increase the level of cooperation between the parties included in the product supply chain, and reduce transaction costs.

Majority software products, automating procurement management and included, as a rule, in a computer information system, contain the "Purchases" module, which performs the following main functions:

Monitoring of contractual relations with suppliers and carriers. Monitoring the fulfillment of obligations to pay for deliveries.
Tracking the implementation of the delivery schedule with forecasting the time of receipt of goods at the warehouse.
Generation of documents required for the acceptance of goods to the warehouse, with automatic distribution to financially responsible persons.
Making claims to the supplier (carrier, freight forwarder) on the range, quantity and quality of the products supplied.
Automation of all operations for the receipt, consumption and internal movement of material assets in warehouses.
Accounting for all transactions with the help of warehouse accounting cards, filled in automatically on the basis of primary documents.
Accounting for material assets in various units of measurement.
Conduct warehouse operations in accordance with current rules accounting.
Maintaining a list of materially responsible persons with assignment to warehouses and groups of material values.
Accounting for inventory acts and generation of an inventory list.
Complete operational information about the quantity, quality, expiration date, storage address, supplier and carrier (forwarder) of each item of purchased goods at any time.
Providing information on excess and deficit stocks.

Computer information systems provide storage and use of information about existing agreements with suppliers in accordance with which orders are placed, the product classification of purchased brands, the register of suppliers.

To form a base of suppliers of goods necessary condition is the constant monitoring of their performance indicators. The information system of the company should allow keeping the history of each supplier and data reflecting the dynamics of performance indicators. This database accumulates information about potential suppliers for the implementation of the procedure for selecting and switching to work with another supplier.

In the supplier database, in addition to the name of each supplier, the following must be stored:

contact details of specific employees of the supplier's company;
Bank details;
working conditions, discounts, bonuses and other agreements, and with the history of their development;
price lists, according to which purchases were made;
the history of all orders from the supplier with the available returns, defects, delays and short deliveries;
current and maximum trade credits, payment terms;
names of the supplied goods;
price or price range depending on volume discounts, payment terms, etc.;
packaging or other data important for the transport of goods.

After a purchase order has been sent to a supplier, the purchasing manager must be able to monitor its progress using the information system. At the same time, all deviations in the fulfillment of obligations by suppliers are recorded so that the manager can evaluate the quality of their work. After the enterprise receives the ordered goods, new information is entered into the information system of the purchasing department. This operation includes maintaining a database of documents:

order log, which records all orders by numbers and displays the status of each order (completed, incomplete, not completed);
a purchase order register containing copies of all purchase orders;
a commodity register showing all purchases of each item (date, supplier, quantity, price, purchase order number);
a supplier register that displays all purchases made from him.

An equally important aspect information support Purchasing logistics is the management of internal information flows circulating between departments of the enterprise.

As an example, the table below shows the information flows that exist between the purchasing department and the warehouse (receiving department) (Buzukova E. Purchasing and suppliers. Assortment management course in retail. P. 386.)

Note that in trade enterprises information exchange is complicated due to the wide range of products, their rapid updating and the complex structure of the description of each item. In this regard, the main features of the acceptance of goods in trading companies are:

the presence of a large number of suppliers;
different packaging conditions;
loading Vehicle in bulk (in boxes, without the use of mechanized means of unloading) and on pallets;
acceptance of products with recalculation not only of the number of places, but also by units of products in packages;
variety of vehicles delivering goods;
non-observance of delivery terms;
various requirements of suppliers to the procedure for receiving products, determining defective products and the procedure for filing claims;
different composition of the package of documents accompanying the goods.

These features still do not allow creating a single technology for working with all suppliers, creating a single information space and achieving a single document flow, which reduces the quality of procurement logistics.

Thus, an important direction is to improve the information support of procurement logistics, which will allow companies to create integrated supply chains that minimize costs, form a single information space and a single workflow procedure.

A sample provision on the procurement department under 223 FZ is a set of rules and regulations, in accordance with which the customer purchases goods, works, services under 223 FZ. The document standardizes the procurement activities of the customer and is mandatory.

Why do we need a provision on procurement under 223 FZ

Procurement activities within the framework are regulated not only by the law on procurement by certain types of legal entities and by-laws, but also such an internal standard of the customer as a procurement regulation. Law on contract system strictly regulates the activities of the customer, establishing rules for all public procurement and their results. Therefore, the provision on procurement under 44 Federal Laws is not necessary - the law strictly controls customers, regulating each step of the procedure from planning to the moment of conclusion. But the legislation on procurement by certain types of legal entities is more flexible, many points are described quite freely. Therefore, the customer needs an internal standard that would normalize procurement activities based on the needs of the organization and at the same time not go against the current laws. Regulations on 223 FZ for budgetary institutions for 2019, as amended, contain:

rules for the preparation and implementation of electronic and paper procurement procedures;
possible ways to determine the supplier;
features of the conclusion and execution of contracts based on the results of orders;
the procedure for conducting contractual relations with sole suppliers;
others important aspects bidding under 223 FZ.

In addition to the general standard, customers are advised to develop a document on the procurement department, which will clearly define the powers of the employees who are responsible for conducting tenders under 223 FZ. This document should accumulate the rights and obligations of employees of the procurement department and define responsibility for violation of the law and non-compliance with the requirements of the basic standard on procurement activities.

Procedure for approval and placement

The approval procedure directly depends on the organizational and legal form of the institution acting as the customer (part 3 of article 2 223-FZ). The choice of the authority that coordinates the provisions of 223 FZ depends on the OPF:

for state corporations or state companies approval of the highest management body is required (FZ No. 7 “On non-profit organizations" dated 12.01.1996);
in state and municipal unitary enterprises, the document is approved directly by the leaders (Federal Law No. 161 “On State and Municipal Unitary Enterprises” of November 14, 2002);
for autonomous institutions, the supervisory board acts as the coordinating body (Federal Law No. 174 “On Autonomous Institutions” dated 03.11.2006);
in joint-stock companies, the document is approved by the decision of the board of directors, general meeting or other collegial executive body (FZ No. 208 "On joint-stock companies" dated 12/26/1995);
in societies with limited liability the documentation is approved by the general meeting of participants, the board of directors or the collegial executive body (Federal Law No. 14 "On Limited Liability Companies" dated February 8, 1998);
for documents of state and municipal budgetary institutions, the approval of the founder is required (Federal Law No. 7 “On Non-Commercial Organizations” dated 12.01.1996);
in public law companies, the Supervisory Board approves the standard (Federal Law No. 236 “On Public Law Companies” of 07/03/2016).

After signing, the provision on the procurement of goods, works, services under 223 FZ must be placed in the Unified Information System within 15 days. Customer standards are located in the open part of the site, therefore they are available for review to all users of the EIS. The customer has the right to place the document on its official website.

Requirements for the structure and content

The customer's document must be drawn up in full accordance with the law on procurement by certain types of legal entities 223 FZ of 07/18/2011 and on the protection of competition 135 FZ of 07/26/2006. The standards of the Federal Antimonopoly Service are also taken into account - “Standard for the implementation of procurement activities certain types legal entities". Key task customer - to develop such rules that will fully regulate its activities in the field of ordering. The standard must comply with the main principles in relation to bidders:

equality;
justice;
lack of discrimination;
unreasonable restriction of competition.

It is advisable to include sections in the provision:

terminology;
objectives and principles of procurement;
procedure for approval of the document;
the procedure for making changes;
planned activity;
making changes to the procurement plan;
methods for determining performers;
preparation for trading;
development and approval of order documents;
the order of the description of the object;
criteria for evaluation;
requirements for suppliers;
auction rules;
order control;
the possibility of appealing the results;
terms of an agreement;
obligations and responsibilities of the parties;
maintaining reports on 223 FZ;
storage of documentation.

Application of model provisions

Subordinate institutions can use model procurement regulations developed and approved by higher organizations. Authorities are responsible for the formation of model registers executive power federal, regional or municipal levels. They approve not only standard standards, but also a list of institutions that are required to apply them (parts 2.1, 2.2, article 2 223-FZ). Certain sections of the Model Standards are used in without fail all state and municipal customers (part 2.3 of article 2 223-FZ):

order of preparation and execution of orders;
choice of method for determining the supplier, depending on the object of the auction;
terms of signing contracts after the winner is determined based on the results of public procurement.

These sections should be given in the standards of state unitary enterprises and municipal unitary enterprises, budgetary and autonomous organizations. The registers should also prescribe the rules for procurement from small and medium-sized businesses in accordance with the norms of the Government of the Russian Federation No. 1352 of 12/11/2014.

If the application of the model standard is mandatory for the contracting authority, then all adjustments that the higher authority will make to the model register will also be mandatory. All changes are made within 15 days after their approval (part 2.7 of article 2 223-FZ), after which they must be posted in the EIS within the same period.

The same must be done if the standard provision on procurement under 223 Federal Laws for 2019 changes from July 2019. On July 31, Federal Law 70 of 05/01/2019 will come into force, which will change the rules for handling money that is donated, including donations (charitable donations) or received by will. Such funds can be spent under 223 FZ. The main thing is to register the right to this in the procurement regulation. You can change until 10/01/2019.

When to post in the EIS

A sample provision on procurement under 223 FZ from July 2019, drawn up taking into account standard changes, the customer's specialist must approve and place in the EIS within 15 days after making adjustments. There are also special deadlines for the publication of the procurement regulations. It must be posted within three months from the date of:

registration, if only a customer was created (part 5 of article 8 223-FZ);
receiving notification that the total share of state participation in the authorized capital has changed, if 223 FZ began to apply as a result of such transformations (part 6 of article 8 of law No. 223-FZ).

The customer who violated the terms, from 10,000 to 30,000 rubles. Executive, which violated the deadlines for publishing changes to the procurement regulations, will be fined from 5,000 to 10,000 rubles. (parts 4, 6 of article 7.32.3 of the Code of Administrative Offenses).

Where to find model provisions

All current typical and standard provisions of customers of various types, industries and legal forms can be studied in the Unified Information System in the public domain absolutely free of charge. To do this, the user goes to the official website of the EIS and selects the "Planning" section in the context menu. All standards of customer organizations will be presented there.

Standard position of the Russian Academy of Sciences

The standard standard of the Russian Academy of Sciences was developed by the Ministry of Science and higher education(Order No. 949 dated November 7, 2018) as an implementation measure to fulfill the requirements of Part 3 of Art. 4 505-FZ and orders of the Government of the Russian Federation No. TG-P8-7573 dated 11/01/2018. It regulates the procurement activities of the contracting authority, which in this case speaks Russian Academy Sciences.

Customers who are currently working under 223-FZ are required to develop a special document regulating all procurement activities. In the article, we will consider the main requirements for the content of this standard, the procedure for its adoption and approval, and also provide the very regulation on procurement under 223-FZ from July 2018, a sample of which was prepared taking into account the entry significant changes in the field public procurement, which is why it is worth paying attention Special attention to the new document format and structure.

Regulations on 223-FZ for budgetary institutions for 2019, as amended, should contain the following information:

the procedure for preparing and conducting procedures, including electronic ones, the conditions for their application;
ways to carry out orders under 223-FZ;
the procedure for concluding and executing contracts based on the results of competitive procedures and contracts with a single supplier;
other issues related to procurement in accordance with the norms of 223-FZ.

It is worth noting that the provision on procurement is not provided, and the customer operates within the framework of the law on the contract system without the adoption of any additional acts.

It is advisable to adopt a standard on the procurement department, which will reflect the consolidation of specific powers for the preparation, approval and approval of the documents necessary for the order, as well as fixing the deadlines for the performance of duties and responsibility for their violation for a certain list of employees who are part of the department and serve in order areas under 223-FZ.

How to approve and post

According to part 3 of Art. 2 223-FZ, the customer approves the standard, depending on the legal form, by the following governing bodies:

public corporation or company supreme body management (No. 7-FZ of January 12, 1996 "On non-profit organizations");
SUE, MUP - by the head (No. 161-FZ of November 14, 2002 "On state and municipal unitary enterprises");
an autonomous institution - by the Supervisory Board (No. 174-FZ of November 3, 2006 "On Autonomous Institutions");
JSC - board of directors, general meeting, a collegial executive body (No. 208-FZ of December 26, 1995 "On Joint Stock Companies");
LLC - by the general meeting of participants, the board of directors, the collegial executive body (No. 14-FZ of February 8, 1998 "On Limited Liability Companies");
state or municipal budgetary institution - the founder (No. 7-FZ of January 12, 1996 "On non-profit organizations");
public company— Supervisory Board (No. 236-FZ dated July 3, 2016 “On Public Companies”).

The procurement standard and the changes made to it are posted by the customer on the EIS website within 15 days from the date of signing the act. Everyone has the full right to study these documents, which are in the Unified Information System in the public domain.

The customer needs to take into account the requirements of not only 223-FZ, but also, as well as the "Standard for the Procurement Activities of Certain Types of Legal Entities", approved by the Federal Antimonopoly Service of Russia.

The customer must comply with the principles of equality, fairness, non-discrimination and unreasonable restrictions on competition in relation to participants.

The standard procurement regulation under 223-FZ for 2018 from July 2018 may contain the following sections:

Terms and Definitions.
Purposes and principles of procurement activities.
Approval of the standard and introduction of changes.
Formation and adjustment of the order plan.
Choice of method and order form.
Rules of preparation and holding.
Principles of formation of requirements and evaluation criteria.
Requirements for the description of the object.
Requirements for the terms of the contract. Obligations related to the performance of the contract.
Preparation, coordination and approval of procurement documentation.
The order of the procedure.
Control and appeal.
Procurement reporting.
Requirement for the storage of documents drawn up during the order.

How to use model clauses

From 01/01/2018, the standards on the standard provision on procurement have changed. Now, according to part 2.3 of Art. 2 223-FZ, into the standard provision on procurement under 223-FZ, taking into account recent changes you need to include the following information:

Regulations for the preparation and implementation of public procurement.
Methods for determining the supplier, as well as when they apply.
The term for the conclusion of the contract based on the results competitive bidding.

This information cannot be changed when budgetary and autonomous institutions, unitary enterprises develop and approve their own procurement regulations.

The standard procurement clause should provide for the specifics of the participation of SMEs that are approved.

Model provisions for budgetary institutions (autonomous and budgetary) and unitary enterprises are developed by executive authorities different levels— federal, regional, municipal. The higher authorities also fix the list of customer organizations for which such model standards will apply. Thus, if an institution falls under the model standards developed at a higher level, then it must form its own regulatory register in strict accordance with the conditions established in the model procurement regulation (parts 2.1, 2.2 of article 2 223-FZ).

Changes are made in the same way. If the legislator has made adjustments to the model procurement regulations, the contracting authority must amend its local act within 15 days (part 2.7 of article 2 223-FZ).

New or adjusted standard standards are posted within 15 days from the date of their approval by the regulatory authorities.

Where to get the standard position

At the end of the article, you can choose from a number of provided standards and find the required procurement regulation under 223-FZ for 2019; You can also download a sample on the website of the Unified Information System - in the EIS, public procurement standards of local customer organizations are available for review, which can be used to optimize and unify the document being developed. You can find these documents in the Documents tab in the sidebar. At the bottom of the page there is a section "List of model procurement provisions".

Download the model procurement regulation template for 2019

An example of a model procurement regulation for a CBM

As an example, we give the provision on procurement under 223-FZ for 2019 - a sample for MUP.

In this article, we will talk about the provision on procurement within the framework of 223-FZ. If you have read this article, then you understand the importance of this topic. As you know, any law is a living organism that is constantly changing. the federal law No. 223 is no exception. Here we provide information that is relevant at the beginning of 2019, we have collected only the essence of the issue that interests you, and we have structured the huge amount of information that you see on the Internet. This article will be interesting and useful for you. The knowledge gained after reading can be applied in the work.

So, we will get acquainted with some terms and give them a definition based on the current law. Let's look at the content and structure of these documents. Find out what purchases are. Let's understand the principles of this document, and what requirements are imposed on it. Let us dwell on the question of who has the right to develop and approve the procurement regulations. Let's consider specific examples.

Definition

The Procurement Regulation is a document that regulates the procurement activities of the customer.

Text structure:

requirements for the procedure, including the procedure for their preparation and implementation in the ways that we will discuss below;
the procedure and conditions for their application;
the procedure for concluding and executing contracts;
other provisions related to procurement.

Why are procurement provisions needed?

That they are needed is non-negotiable. So why are they so necessary?

Firstly, thanks to this document there is a connection of the economic field, the development of conditions for the timely and complete satisfaction of the needs of the customer in goods, works, services;

Secondly, for purposes commercial use, with the necessary indicators of price, quality and reliability;

Thirdly, the correct implementation occurs Money;

Fourth, there is an opportunity for the participation of legal and individuals in the procurement of goods, works, services for the needs of customers and the promotion of such participation;

Fifth, fair competition appears, publicity and transparency of tenders are ensured, corruption and other harmful phenomena are excluded.

Position Benefits

This regulation is needed, first of all, by the customer himself. If it exists, then it is obliged to carry out procurement activities exclusively in the manner prescribed by it.

Procurement under 223-FZ is much more profitable than under 44-FZ and has a number of advantages:

Choice of any convenient way making a purchase.
Setting your own requirements for suppliers.
Quickly make changes to the procurement plan.
Self-registration of deadlines.
Determination of the grounds required for purchases from sole supplier.
Reducing the number of appeals to the FAS by reducing the grounds for this.

The more precisely the requirements for participants are formulated and the procurement activity is more specifically configured, the faster organization will be able to raise the bidding to a higher level of work and get a quality service at an affordable price.

Types of purchases under 223-FZ

Competitive

Terms competitive procurement

1) information is communicated by the customer in one of the following ways:

a) by posting in a single information system a notice available to an unlimited circle of persons, with the application of the necessary documentation;

b) by sending invitations to take part in this procedure in cases provided for in Art. 3.5 223-FZ, with the application of documentation on competitive procurement to at least two persons who are able to supply goods, perform work, and provide services that are the subject of the procedure;

2) competition is ensured between the participants for the right to conclude an agreement with the customer on the terms proposed in the applications for participation, the final offers of the participants;

3) the description of the subject is carried out in compliance with the requirements of Art. 3 hours 6.1, 223-FZ.

Competitive Procurement Methods

1. bidding:

Competition ( open competition, competition in electronic form, closed competition);

Auction (open auction, electronic auction, closed auction);

Request for quotations (request for quotations in electronic form, closed request for quotations);

Request for proposals (request for proposals in electronic form, closed request for proposals);

2. by other means established in the regulations and meeting the requirements of Art. 3 h. 3, 223-FZ.

Non-competitive

The procurement is non-competitive if its conditions do not correspond to the conditions of the competitive procurement described by us above.

Methods of non-competitive procurement, including those of a single supplier (executor, contractor), are established by regulation.

Procurement principles under 223-FZ

information openness;
equal participation, the absence of various kinds of harassment and unclear restrictions on competition in relation to participants;
fair use of money for the purchase of goods, works, services and the implementation of actions aimed at efficient work customer;
no restrictions on admission to participation by presenting excessive or insufficient requirements for participants.

Who develops and approves the procurement regulations?

Let's look at this question in Table 1.

Table 1

No. p / p	Customer	Right of approval
1.	state corporation (GC)	supreme governing body of a state corporation
2.	state company (GU)	supreme governing body of a state company
3.	state unitary enterprise (SUE)	head of this unitary enterprise
4.	municipal unitary enterprise (MUP)	head of a unitary enterprise
5.	autonomous institution (AO)	supervisory board of this autonomous institution
6.	joint-stock company	1) the board of directors (for example, the supervisory board); 2) collegial executive body of this joint-stock company(if the statute economic society provides for the performance of the functions of the board of directors, for example, the supervisory board by the general meeting of shareholders of a business entity)
7.	limited liability company (LLC)	general meeting of company members

Model Procurement Provisions

Who has the right to approve them?

The federal executive body having the functions and powers of the founder of a budgetary institution, an autonomous institution;
The federal executive body or an organization exercising the powers of the owner of the property of a unitary enterprise.

For whom application standard regulation is mandatory when they approve the regulation or make changes to it?

Budget institutions;
Autonomous institutions;
State unitary enterprises.

Position Structure

basic concepts and definitions;
accepted methods of selecting a performer;
conditions for depositing security;
procedure preparation algorithm;
stages of selecting a contractor and concluding a contract;
the procedure for concluding an agreement with a supplier;
requirements for notices and documentation, as well as the procedure for changing notices and documentation;
timing requirements;
procedure for drawing up protocols;
conditions for the formation of monthly reporting;
rules of work of the procurement commission;
procurement procedures involving small and medium-sized businesses (SMEs).

Requirements for model provisions

The document must meet a number of requirements. This question is important, so let's dwell on it in more detail.

The standard document indicates, including the date before which the relevant budget institutions, autonomous institutions, unitary enterprises amend the regulation or approve a new one.
The document must contain the following information that is not subject to change during the development and approval by budgetary institutions, autonomous institutions, unitary enterprises of the procurement provision:
1) stages of preparation and (or) implementation of the procurement;
2) procurement methods and conditions for their application;
3) the term for concluding a contract based on the results of competitive procurement, in accordance with 223-FZ;

The model regulation should indicate the principles for the participation of small and medium-sized businesses in the procedure, regulated by the Government of the Russian Federation in accordance with paragraph 2 of part 8 of Art. 3 223-FZ;
Published in a single information system federal agency executive power, an executive body of a constituent entity of the Russian Federation, a local government body or an organization specified in Part 2.1 of Art. 2 223-FZ, within 15 days from the date of approval of the standard provision;
If changes are made to the standard provision, then such changes must be applied by budgetary institutions, autonomous institutions, unitary enterprises;
Changes in model document ation are placed in a single information system by the federal executive body that approved them, the executive body of the subject Russian Federation, a local government body or an organization specified in Art. 2 h.2.1 223-FZ, within 15 days from the date of approval. When posting changes made to a standard document, the period during which budgetary institutions, autonomous institutions, unitary enterprises are required to amend the procurement regulation or approve a new one is indicated. At the same time, such a period should not be less than 15 days from the date of placement in the unified information system of changes made to the document.

Where can I find the standard position?

You can find the regulations on the portal of the unified information system (http://zakupki.gov.ru), namely, in the "Planning" section, as shown in Figure 1:

Register of Procurement Provisions under 223-FZ

In the "Planning" section on the website of the unified information system, you will find the line "Procurement Regulation 223-FZ" (Figure 3):

When you click on the specified line, the Register of Procurement Regulations (223-FZ) will open (Figure 4):

Below you can see a list of organizations and select the required department by clicking on registry number. Consider the example of the Municipal Autonomous Preschool educational institution Rostov-on-Don " Kindergarten No. 42". By clicking on the "Details" line, a window will open in front of us with the following sections, as shown in Figure 5:

General information;
Procurement methods;
State documents;
Changes;
The event log.

Let's go to the "General Information" tab and see information about the customer, where the following information is given (Figure 6):

Full name of the organization;
Abbreviated name of the organization;
TIN/KPP;
OGRN;
Organization address.

Please note that we can see all the information in printed form.

Below we are given the following information (Figure 7):

Document Number;
Name;
Name of the approving body;
Justification for the change;
Date of approval;
Effective date;
Version;
Status;
Placement date.

We took a closer look at the General Information tab. Then you can independently study the rest of the tabs, where the name of the purchase method is indicated in the “Purchase methods”; in the "Documents and Regulations" are the provisions and changes specified by the customer. The "Change" and "Event Log" tabs also list all changes and actions that have taken place with the regulation.

What sections are included in this provision? (on a specific example)

Name: "Regulations on the purchase of goods, works, services for the needs of the municipal autonomous preschool educational institution of the city of Rostov-on-Don "Kindergarten No. 42"".

Agreed: Head of MADOU No. 42 Lenetskaya L.A.

Approved: By the decision of the meeting of the Council of MADOU No. 42.

Protocol No. 1/19 dated March 14, 2019

Basic provisions and terms:

General provisions.
Participant requirements.
Procurement Commission.
Procurement planning.
The procedure for conducting competitive procurement.
Competitive procurement in electronic form. Functioning electronic platform for the purpose of making such a purchase.
Information Support.
Description of the item.
Conditions for admission to participation and exclusion from participation.
Ensuring the performance of the contract and warranty obligations.
Purchasing methods.
The procedure for conducting with a single supplier (executor, contractor).
Appeal procedure.
Conclusion and execution of the contract.
Register of contracts.
Priority of goods of Russian origin, works, services performed, rendered Russian persons, in relation to goods originating from a foreign state, works, services performed, rendered by foreign persons.
Features of the procedures, the participants of which can only be small and medium-sized businesses.

To learn more about this provision, follow the link.

conclusions

The Procurement Regulation is a document that regulates the activities of the customer.

Undoubtedly, it is important, because. in work, the customer is obliged to be guided by them. With the help of this regulation, the customer fully satisfies his needs for goods, works, services. Also, there is a correct expenditure of funds from an economic point of view, fair competition is ensured. The customer can prescribe the requirements, conditions, terms necessary for him. And the more accurately he does this, the better the product, work or service will receive.

The above document has a number of advantages that we have discussed: choosing a convenient way to carry out the procedure, setting your own requirements, quickly making changes to the procurement plan, etc.

Is a procurement regulation a legal act? Of course. This we will see if we turn to Art. 2 223-FZ " Legal basis purchase of goods, works, services.

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Educational platform with a practical focus on training procurement participants (suppliers)