In the article, we will analyze how and in what terms to form a procurement plan for 223-FZ customers, whether it is possible to make changes to the published plan, and also what features exist in planning the procurement of innovative, high-tech products and medicines.
- Procurement plan for goods, works, services for a period of at least 1 year.
- Procurement plan innovative products, high-tech products, medicines for a period of 5-7 years.
The plan for the procurement of goods, works, services is an information base for all persons interested in participating in procurement conducted by the customer, since it contains information about the needs of the customer, the prices of the proposed purchases and their timing.
The purchasing plan helps you plan your participation in purchases conducted by customers. A well-formed procurement plan contributes to the expansion of the number of procurement participants and, as a result, to the efficient use of funds.
The procedure for the formation of a procurement plan, the procedure and terms for placing such a plan in the EIS, the requirements for the form of such a plan are established by Decree of the Government of the Russian Federation of September 17, 2012 No. 932.
The plan must contain information about the customer, the serial number of the purchase, at least necessary requirements to the objects of procurement, units of measurement, terms and planned terms for the procurement, information about the NMTsK, terms for the execution of the contract and other information determined by Law No. 223-FZ and Decree No. 932.
The procurement plan published by the customer provides for a quarterly or monthly breakdown. The terms and procedure for preparing the procurement plan are determined by the Customer independently, as a rule, in the Procurement Regulations. At the same time, it should be borne in mind that the placement of the procurement plan (amendments) in the EIS must be made within 10 calendar days from the date of its approval (amendments).
The procurement plan is placed in the EIS no later than December 31 of the current calendar year.
However, not all purchases in without fail included in the procurement plan. Purchases not included:
- constituting a state secret;
- on which the decision of the Government of the Russian Federation was made;
- the need for which arises as a result of an accident, emergency, force majeure circumstances.
In addition, the procurement plan may not reflect information on the procurement of goods (works, services) if their cost does not exceed 100,000 rubles, and if the customer’s annual revenue for the reporting fiscal year amounts to more than 5 billion rubles, - information on the purchase of goods (works, services), the cost of which does not exceed 500,000 rubles.
Planning is carried out “positional”, in a separate line for each planned procurement procedure. When filling out the items of the procurement plan, write minimum requirements to the object of the procurement, not just referring to terms of reference(see Letter of the Ministry of Economic Development of the Russian Federation No. D28i-830 dated May 30, 2014). This will distinguish one purchase with a similar item from another, avoiding complaints from participants.
Changes in the procurement plan under 223-FZ
Often, customers are faced with a change in the need for procurement or a change in the cost of GWS planned for purchase by more than 10%. In this case, it is necessary to adjust the procurement plan and place the modified procurement plan in the EIS.
The purchase plan can be changed an unlimited number of times. At the same time, the customer develops the grounds for making changes independently. When making changes to the procurement plan in the EIS, it will be necessary to place a document with a list of the changes made.
If the procurement is carried out by holding a tender or auction, changes to the procurement plan are made no later than the posting of a procurement notice, procurement documentation or changes made to them in the EIS. For other procurement methods, such restrictions are not provided by law. At the same time, it is advisable to establish, regardless of the method of procurement, uniform terms and procedures for the formation and adjustment of the procurement plan.
When forming a procurement plan, the customer may have practical issues. For example, is it necessary to form a procurement plan if all purchases are planned to be made up to 100,000 rubles? Yes, in any case, it is necessary to form both plans, filling them with zero values (Letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. OG-D28-7458).
Or, if the customer will conclude a long-term contract, how to properly plan the purchase? In this case, information about such a contract is reflected once, only in the procurement plan of the year in which the purchase will take place, while the procurement plan must reflect the volume of purchases for the entire period of the contract.
A special place in the procurement planning system under Law No. 223-FZ is occupied by support for small and medium-sized businesses.
Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 defines procurement quotas from SMSP for a certain group of customers:
Attention! From January 1, 2018, amendments to Decree No. 1352 will come into force, which will increase quotas for “targeted” (organized for this category of participants) purchases from SMSP.
Procurement plan for innovative, high-tech products and medicines
In addition to the procurement plan for the current financial year, customers are required to place in the EIS for a period of 5 to 7 years plans for the purchase of innovative products, high-tech products, medicines. Criteria for attribution to innovative, high-tech products are determined federal authorities executive power in the established field of activity, as well as the State Corporation Rosatom. If the customer plans to purchase innovative products, high-tech products, medicines, information about them should be included in both plans.
Currently, a number of executive authorities have approved such criteria for use in planning procurement related to activities in the areas they regulate (education, science, healthcare, transport, etc.).
Purchases from SMP under 223-FZ
In relation to customers named in Orders of the Government of the Russian Federation No. 2258-r dated November 6, 2015 and No. 717-r dated April 19, 2016, compliance with the requirements for procurement from SMEs is controlled by the Federal Corporation for the Development of Small and Medium Enterprises, as well as executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes. With regard to such customers, draft procurement plans, procurement plans for innovative, high-tech products, medicines, as well as draft amendments to such plans, are subject to conformity assessment.
Compliance monitoring is carried out in relation to approved plans, changes made to such plans, and in relation to annual reports individual customers in part.
Only those customers who fall under the assessment and monitoring procedures form a section in the procurement plans on participation in the procurement of SMEs.
Penalties for non-placement of the procurement plan under 223-FZ
In conclusion, we recall the administrative responsibility of the customer for failure to place or violation of the terms for placing information on procurement in the EIS, the placement of which is provided for by Federal Law No. 223-FZ. So, by virtue of Part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, non-placement in the EIS of information on procurement, the placement of which is provided for by law, entails a fine on officials- in the amount of 30 to 50 thousand rubles; on the legal entities- from 100 to 300 thousand rubles.
Violation of the terms for placing procurement plans is also fraught with fines - officials can be held administratively liable in the form of a fine of 2 to 5 thousand rubles; legal entities - from 10 to 30 thousand rubles (part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).
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The procurement plan under 223-FZ (Law "On Procurement ..." dated July 18, 2011 No. 223-FZ, hereinafter - Law No. 223-FZ) has a form and content determined by the legislator. Below we describe what regulations you need to use when drawing up a plan, how to fill it out and change it if necessary.
Planning in accordance with current legislation: law and decree of the Government of the Russian Federation
Procurement planning activities by organizations subject to Law No. 223-FZ are regulated by the following sources:
- Basic Law No. 223-FZ includes only reference norms to by-laws, which contain precise instructions on the form of the procurement plan under 223-FZ and on the rules for filling out this form. The law also prescribes the procedure for placing the plan in public information resources.
- Decree of the Government of the Russian Federation “On Approval ...” dated September 17, 2012 No. 932 (hereinafter referred to as Decree No. 932) is a regulation in accordance with which customers draw up, place, and change planning documents.
In addition, when developing the act we are considering, customers are required to use local regulatory sources and procurement regulations. All these documents must be placed in the EIS (unified information system under government orders).
Procurement plan according to law No. 223-FZ
In accordance with the above Government Decree, the procurement plan for 223-FZ is drawn up in in electronic format. In other words, a scanned document or pdf file is not allowed. This requirement allows anyone interested person make copies on their media of the entire document or any part of it. In addition, by virtue of clauses 15-17 of the Regulations on the placement of procurement information in the EIS, approved by Decree of the Government of the Russian Federation of September 10, 2012 No. 908, the plan can only be published using the EIS software (structured view of the plan), and optionally it is allowed to add more either an electronic or a graphic version of the act we are considering.
The form is legally established by the Government of the Russian Federation and is filled out in accordance with the requirements of Decree No. 932. The plan for innovative, medicinal and high-tech contracts is drawn up with the nuances specified in clause 2 of the Requirements for the form approved by Decree No. 932.
The plan is formed for at least one year (part 2 of article 4 of law No. 223-FZ). There are no restrictions on the maximum scheduling period. In this case, the document should be divided into months or quarters. Only for plans for innovative, medicinal and high-tech transactions, a framework is set: from 5 to 7 years.
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Correction (change) of the plan
If the act described by us needs to be amended (corrected), then the customer must:
- Approve the changes, sign them with an enhanced electronic signature.
- Make a separate list of changes.
- Make changes to the structured, electronic and graphic views plan in the EIS within 10 days from the date of their acceptance.
- Post a list of changes.
This procedure is carried out no later than the notice of bidding (in the form of a tender or auction) and other related information (clause 9 of the Rules, approved by Resolution No. 932) will be published. Note that in the EIS, all editions of the amended plan must remain freely available.
Step-by-step instructions and sample filling
When filling out the form, you can follow the following recommendations:
- Data on the name, location, TIN, KPP are taken from the Unified State Register of Legal Entities. OKATO - at the place of registration of the customer.
- If the term of the contract is longer than the period for which the plan is being developed, then the terms of the contract are signed for its entire duration.
- All codes are entered in accordance with the current classifiers. OKVED must indicate the section and subsection. In the product code - section and class of products. Only numerical designations are used.
- When describing the object of the transaction (column 5), minimal information is given, but in an amount that allows you to identify the object from other similar ones.
- Further, information is also written on the current classifiers.
- Columns 11-17 are filled with the data that the customer determines independently.
- The following section is developed only by customers who are required to work with medium and small businesses.
Here you can find an example of drawing up a procurement plan for 223-FZ for 2018.
Thus, the procurement plan under 223-FZ differs from a similar document filled out in accordance with Law No. 44-FZ. Requirements for its form and placement are established by the Government of the Russian Federation. However, entities working under Federal Law No. 223 are largely guided by their own procurement regulations. So, these provisions may contain some features in the order of compilation, publication and amendment of the act described in this article.
Registration N 27584
In accordance with paragraph 4 of Article 4 federal law dated July 18, 2011 N 223-FZ "On the procurement of goods, works, services certain types legal entities" (Collection of Legislation Russian Federation, 2011, N 30 (part 1), art. 4571) I order:
approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products for industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation.
Minister D. Manturov
Criteria for classifying goods, works and services as innovative products and (or) high-tech products
I. Criteria for classifying goods, works, services as innovative products
1. Consumer properties (including functional characteristics) of the goods are new and (or) superior to consumer properties (including functional characteristics) of previously produced goods.
2. In the production of goods, the first introduced results of research, development and technological works.
3. Consumer properties of the product are improved compared to existing analogues or, in the absence of direct analogues, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the product, or new way application of the product, allowing to expand the scope of its use.
4. In the production of goods, only new or modernized technological equipment, technological processes or technologies that have not previously been used in the production of this product, or new materials are used to improve the technical and economic, competitive, ergonomic, consumer and other indicators of the manufactured goods.
5. When performing work and rendering services, the first introduced results of research, development and technological work are used, which were not previously used in the performance of similar works and the provision of similar services.
6. The performance of work and the provision of services are associated with changes in manufacturing process using a new or upgraded production equipment and/or software, new technologies.
7. Work is performed and a service is provided in an area where similar work and service have not previously been applied.
8. Work and service are new, not previously performed or provided.
9. When used in the production of goods, performance of work, provision of services, the results of intellectual activity subject to legal protection.
10. When using new scientific, technical, design and/or technological solutions in the production of goods, performance of work, provision of services.
II. Criteria for classifying goods, works, services as high-tech products
11. Goods, work, services are respectively manufactured, performed and provided by enterprises in high technology industries.
12. Goods, work and services, respectively, are produced, performed and provided using the latest models of technological equipment, technological processes and technologies.
13. The product, work, service, respectively, is produced, performed and provided with the participation of highly qualified, specially trained personnel.
Notes:
Goods, works and services are recognized as innovative products if one or more of the criteria specified in paragraphs 1-10 are met.
Goods, works and services are recognized as high-tech products if they meet all the criteria specified in paragraphs 11-13.
The resolution of the second part of the fourth article of the law 223-FZ, the customer is obliged to place his procurement plan in a public information database for a period of at least one year.
The procurement plan for 223-FZ goods belonging to the categories of innovative products, medicines and high-tech equipment must be placed in the system for a period of 5 to 7 years. Based on this, a paradox arises - the customer is obliged to post information about purchases even if they are not available. talking plain language is an empty plan.
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These statements are confirmed by a letter from the Ministry of Economic Development of Russia dated May 22, 2019. Based on it, annual plan purchases under 223-FZ should be placed in the system. Innovative products, high-tech equipment and medicines should be reflected in the system in a separate document.
In order to get acquainted with the content of the letter, you can use the services of Internet portals. The document is freely available and can be downloaded by anyone. It is worth noting that the letter also contains a clause on the timing of publication for three years, according to most experts, this is a technical error, since according to the law, publishing data for a specified period is impossible.
The formation of a procurement plan, in accordance with the resolutions of September 17, 2012, should be carried out without reflecting in the content of data on purchases made in the amount of up to 100 thousand rubles.
If the annual financial turnover of the organization exceeds five billion rubles, then it gets the right not to reflect in the plan all purchases worth up to five hundred thousand rubles. That is, if purchases were made, but their cost is less than the specified values, then the customer must publish an empty plan.
Basic provisions
When and how to change it
Regulatory act 223-FZ allows customers to change data an unlimited number of times. However, this procedure requires some justification. Correction of the data is simply not carried out.
As you know, the procurement plan is approved for one year. If it is somehow connected with medicines, innovative equipment and technologies, then the publication period becomes even longer. For example, a customer published his plan in 2019, so it is valid at least until the beginning of next year.
Changes to its content are possible only in the following cases:
- there is a need to change the timing or methods of acquiring specific goods or services;
- there is a need to clarify the effect of the agreement;
- the total cost of the purchase changes in any direction by more than ten percent;
- if you need to purchase any goods that are not included in the original version of the plan.
In order to make changes, you need to perform two main steps:
- Make changes and approve new version plan - this procedure is performed if the original procurement plan is made in electronic or graphical form.
- Make a separate list of edits. This duty placed on the shoulders of the authorized person. The list can be made in any form, but in electronic format.
Interestingly enough, the provisions of the law do not contain specific rules and conditions for changing the procurement plan. In this regard, when making adjustments, one must be guided by the provisions of the organization, customer documents, etc. If a this opportunity missing, then the changes are made in the same way as the original form of the plan was drawn up.
Below is the step-by-step instruction describes in detail the process of making adjustments on the official Internet portal.
The procedure is as follows:
- Need to go to Personal Area user with .
- Next, you need to go to the "Register of Procurement Plans" section.
- Next, select the item "Draft changes".
- You need to click on the button "Procurement plan items".
- Delete required items.
- In the "Details" dialog box, you must specify the reasons for making adjustments.
- In the presented columns, marked with an asterisk, you need to complete the filling in accordance with your changes in the procurement plan.
- At the end, you need to press the button that says "Complete data entry."
In order to publish new plan procurement, you must use the context menu, where to find the item "Publication". You can make adjustments to an already modified version of the plan before you confirm it with electronic signature. In the future, to complete this task, you will have to create a new project.
Violation of any conditions and rules that are associated with procurement is subject to administrative liability. The violator is fined, in exceptional cases he can also be disqualified. The amount of the fine depends on the type of violation, it can range from 2 to 300 thousand rubles.
Rules for compiling and posting
The form of the procurement plan is determined by the subjects independently. However, this does not mean that the organization can skip the stage of regulation of supply planning.
In addition, examples of a procurement plan may be present in the local provisions of form 223-FZ. If the activity of the organization is contrary to the provisions drawn up by it, then this is considered a violation of the law.
Based on this, it can be understood that general pattern filling out the procurement plan should be as simple as possible in order to avoid misunderstandings in the future. As initial data, we can take the public procurement plans of the largest corporations in our state.
To achieve maximum convenience of the document, you need to focus on the following tips:
- perform a breakdown of actions into quarters (four points are perceived much easier than twelve);
- accompany each action with a number of requirements and obligations, as well as list documents that are able to regulate the possibility of acquiring a quality product in accordance with the concluded contract;
- be sure to indicate the method of the purchase (auction, direct purchase competition, etc.);
- type of procurement (electronic format or not).
Many people have a question: "do I need a schedule and some additional information."
In addition to the above items, the sample may also include the following information:
- schedule of planned purchases;
- type of operation and its nature;
- price request data;
- information on the quantification of the operation being performed.
From the point of view of official data, the moment of placing the procurement plan in the database is considered to be its publication in public access on the official online procurement resource. On other services, the plan can be published in any form, it will not be considered official.
Before being published in the open access database system, the planned supply plan goes through a series of checks.
The customer is obliged to provide the administration of the Internet resource must provide:
- provisions and documents that confirm the consolidation of the plan from a legal point of view;
- documents that are approved by an official of the customer organization with this authority.
The government of our state, after the adoption of 223-FZ, put customers in a difficult position. They are forced to engage in the formation, or rather, changes in their procurement plans, since they need to be reflected in the general system immediately after they are adopted. The open access database makes it possible to make the auctions of the state as open and accessible as possible. Which is quite important, since the level of corruption in our country is very high.
In addition, the adjusted procurement plan must be approved by the owner of the company or other authorized person working in it. Today, the vast majority of purchases, one way or another, are related to the state, respectively, there are a lot of changes in the plans of organizations, but if you do not deal with placing data in the system, then errors and shortcomings are inevitable.
Public procurement is a complex mechanism, which includes great amount various companies, organizations, etc. Incorrect activity of one member can disrupt the stable operation of the entire process.
In this regard, before starting to trade with the state, it is necessary to fully study the principle of operation of the entire system. Otherwise, you will only get losses from this.
Formation options
Forming a future procurement plan is a rather complicated process that requires the most accurate determination of the needs of the entire enterprise.
If the goal of automating departments and services of an organization is not only to carry out processes regulated by law, but also to build a complete and effective procurement system, then you should pay attention to the methods of planning development.
The first step is to collect data about the basic needs of your company.
This can be done based on certain sources:
- in the relevant directories;
- in the information of accounting systems"
- with the help of various memos;
- based on completed procurement plans.
It is important that after choosing the method of generating needs, it must be reflected in the procurement document and placed in the EIS. Both documents must be created in electronic format.
Some customers do not know the answer to the question: "when it is necessary to place this data." The period for publishing updated information cannot exceed fifteen days from the date the changes were accepted. Otherwise, the company is subject to administrative liability.
Planning
Order 223-FZ says that the customer is obliged to publish data on his planned purchases on the official Internet resource. The data is published in the public domain for each visitor to the portal. However, this happens only after the final approval of the procurement plan using electronic signature technology.
If the cost of future purchases does not exceed 100 thousand rubles (for organizations with an annual turnover of more than 5 billion rubles, this amount is five hundred thousand), the customer is still obliged to post the data. In this case, you must publish a zero plan.
According to the Decree of the Government of the Russian Federation under the number 932, the procurement planning process must include absolutely all information about the purchased goods, services and works.
There is one exception, its essence lies in the fact that the plan cannot reflect information about goods if they are a state secret and at the same time confirmation of this information is present in the corresponding notice.
What is included in the procurement plan under 223-FZ
From the beginning of 2019, the execution of purchases at the expense of the following funds must be reflected in the plan without fail:
- through grants;
- as a contract performer;
- at the expense of extra-budgetary funds (income received by another type of activity).
In addition to institutions and organizations of the budgetary type, this law also includes:
- municipal and unitary organizations;
- autonomous organizations created by the municipality;
- economic companies and their subsidiaries, most of whose assets are owned by municipal organizations.
Publication dates
In accordance with the provisions under number 908, adopted by the government of our country on September 10, 2012, the publication of information on changes made to active procurement plans must be carried out within fifteen days (including holidays and weekends) after their approval.
The basic definition of the concept of innovation is contained in the Federal Law of August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy”:
Innovation- introduced a new or significantly improved product (goods, service) or process, new method sales or new organizational method in business practices, workplace organization or external relations.
That is, it is something new that has not been used before. The very definition implies that a product that is an innovation today will no longer be one tomorrow.
According to the logic of things, all large state and commercial companies falling under 223-FZ, and without coercion from the state, should be interested in innovative products, because their use entails cost reduction, shortening production cycle, increasing the competitiveness of products.
However, the state has edited the legislation on procurement in terms of introducing innovative products into circulation.
Criteria for innovative products
In accordance with Part 4 of Art. 4 of Law 223-FZ, the criteria for innovative products must be established by the federal executive authorities that carry out the functions of legal regulation. These criteria are no longer adopted to understand what innovation is in general, but to ensure that customers can meet their responsibilities for planning, listing and purchasing such products.
To date, nine executive authorities have adopted such criteria.
№ Field of activity Requisites ON Examples of established criteria in order to classify as innovation 1. Energy Order of the Ministry of Energy of Russia dated December 25, 2015 No. 1026 "On approval of the criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Scientific and technical novelty
- High technical level
2. Transport Order of the Ministry of Transport of Russia dated August 25, 2015 No. 261 "On approval of the Criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Conformity priority areas development of science, technology and technology of the Russian Federation
- Scientific and technical novelty.
- Economical effect sale of goods, works, services
- Science intensity of goods, works, services
3. Agriculture Order of the Ministry of Agriculture of Russia dated August 18, 2014 No. 323 "On approval of criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Scientific and technical novelty
- Introduction of goods, works, services
- Economic effect from the sale of goods, works, services
- Science intensity of goods, works, services
4. Migration Order of the Federal Migration Service of Russia No. 330 dated April 15, 2014 "On approval of the criteria for classifying goods, works, services as innovative and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Compliance with the priority areas of development of science, technology of the Russian Federation and technology in the Russian Federation
- Scientific and technical novelty
- Science intensity of goods, works, services
5. Communication and mass communications Order of the Ministry of Telecom and Mass Communications of Russia dated October 10, 2013 No. 286 "On approval of criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Scientific and technical novelty
- Economic effect of the sale of goods, works, services
- Availability of patent protection (if applicable)
6. healthcare Order of the Ministry of Health of Russia dated July 31, 2013 No. 514n "On Approval of the Criteria for Classifying Goods, Works, Services as Innovative and High-Tech Products for the Purposes of Forming a Purchase Plan for Such Products"
- Scientific and technical novelty.
- Introduction of goods, works, services.
- The economic effect of the sale of goods, works, services.
- Science intensity of goods, works, services
7. civil defense and ensuring fire safety Order of the Ministry of Emergency Situations of Russia dated December 14, 2012 No. 768 "On approval of the criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Compliance with priority areas for the development of science, technology and engineering in the Russian Federation
- Scientific and technical novelty
- Introduction of goods, works, services
- Economic effect of the sale of goods, works, services
- Science intensity of goods, works, services
- High-tech goods, works, services
8. Industry, foreign and domestic trade Order of the Ministry of Industry and Trade of Russia dated November 1, 2012 No. 1618 "On approval of the criteria for classifying goods, works and services as innovative products and (or) high-tech products in industries related to the established field of activity of the Ministry of Industry and Trade of the Russian Federation"
- New consumer properties of the goods
- Using only new or upgraded technological equipment
- The work and service is new, not previously performed or rendered
- When using new scientific, technical, design and/or technological solutions in the production of goods, performance of work, provision of services
9. Education Order of the Ministry of Education dated 01.11.2012 No. 881
- Scientific novelty
- High manufacturability
- Implementation in the educational process
List of innovative products
The list should be accepted to be placed in a structured form simultaneously with the procurement plan only by customers specified by the Decree of the Government of the Russian Federation of March 21, 2016 N 475-r “On the List of specific legal entities that are required to purchase innovative products, high-tech products, including from small and medium business."
At the same time, absolutely all customers must plan the purchase of innovative products in accordance with 223-FZ.
Customers from the List approved by RF RP 475 are obliged, in addition to the list of innovative products, to adopt provisions on the procedure and rules for the use (implementation) of goods, works, services that meet the criteria for classifying innovative products, high-tech products.
It should be noted that in relation to this list, the obligations of customers included in the RF RP 475 arise from 01/01/2017 (based on clause 3 of the RF PP 1442).
The list of innovative products is placed in accordance with RF PP 908. Specific customers, determined by the Government of the Russian Federation, place in a structured form in the EIS a list of goods, works, services that meet the criteria for classifying innovative products, high-tech products, taking into account:
a) provisions on the procedure and rules for the use (introduction) of goods, works, services that meet the criteria for classifying innovative products, high-tech products;
b) inclusion of the names of goods, works, services and the corresponding code (with the obligatory indication of sections, classes and the recommended indication of subclasses, groups and subgroups, types of products (services, works), as well as categories and subcategories of products (services, works) based on of the All-Russian classifier products by type economic activity(OKPD 2).
The form of the list has not been approved.
Example of Innovative Product List
An example of the Regulations on the procedure and rules for the implementation of innovative solutions
Procurement plan for innovative, high-tech products and medicines
The plans are provided for by 223-FZ itself. They must be approved for a period of 5-7 years and placed in the EIS by all customers without exception, even if they are not going to make such purchases.
Letter of the Ministry of Economic Development of 22.05.2015 N OG-D28-7458:
“Thus, these provisions of Law N 223-FZ are mandatory and oblige customers to post two plans on the official website: an annual procurement plan, as well as a procurement plan for innovative products, high-tech products, medicines”
The order of filling and placement.
1. Information on the procurement of innovative, high-tech products should be reflected in two plans:
a) in terms of the procurement of goods (works, services) (in accordance with RF PP 932);
b) in terms of the purchase of innovative, high-tech products and medicines.
2. Terms of placement.
The term is standard for all plans - within 10 calendar days from the date of approval or from the date of approval of the changes made. The general deadline is no later than December 31 of the current calendar year.
An example of a procurement plan for innovative, high-tech products and medicines
Individual customers, before placing a plan in the UIS, must subject it to the assessment and monitoring provided for in Part 1 of Article 5.1 of Law 223-FZ:
The assessment of compliance with the requirements of the legislation providing for the participation of small and medium-sized businesses in the procurement, in the manner determined by the Government of the Russian Federation in accordance with clause 2 of part 8.2 of Article 3 of this Federal Law, using the UIS, is subject to a draft plan for the procurement of goods, works, services, a draft procurement plan innovative products, high-tech products, medicines, draft changes to such plans, if they provide for a change in the section on the participation of small and medium-sized businesses in the procurement, prior to the approval of such plans, changes made to such plans by specific customers, the list of which is established by the Government of the Russian Federation in accordance with Clause 2 of Part 8.2 of Article 3 of this Federal Law.
Lists of customers whose draft procurement plans and innovative product procurement plans should be evaluated and monitored:
1. Decree of the Government of the Russian Federation of November 6, 2015 N 2258-r. These are the customers that must be assessed and monitored by the SME Corporation. This list includes 35 largest customers.
2. Decree of the Government of the Russian Federation of April 19, 2016 N 717-r, according to which the assessment and monitoring are carried out by the bodies of the constituent entities of the Russian Federation. This list is much wider.
Compliance Monitoring Procedure established by the Decree of the Government of the Russian Federation of October 29, 2015 No. 1169.
Annual volume of purchases of innovative products
The procedure for determining the annual volume of purchases of innovative products is determined
Decree of the Government of the Russian Federation of December 25, 2015 N 1442 “On the procurement of innovative products, high-tech products by certain types of legal entities and amendments to certain acts of the Government of the Russian Federation”.
The annual volume of purchases of innovative products, high-tech products, which customers are obliged to carry out, is defined as an increase by 10 percent of the total annual value of contracts concluded by the customer based on the results of the purchase of innovative products, high-tech products for the year preceding the reporting year, and is not more than 10 percent of the total the annual value of all contracts concluded by the customer based on the results of the purchase of goods, works, services for the reporting calendar year. At the same time, customers have the right to purchase innovative and high-tech products in an amount exceeding the annual volume calculated in accordance with this clause.
An example of calculating the annual volume of purchases of innovative products
Annual purchase of innovative products from SMP
In addition, customers who are required to purchase innovative products must purchase part of these products from the SMP.
Decree of the Government of the Russian Federation of December 11, 2014 N 1352 “On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services by certain types of legal entities” paragraph 5 (2).
The annual volume of purchases of innovative products, high-tech products from small and medium-sized businesses, calculated on the basis of contracts concluded in accordance with paragraph 4 of this Regulation with small and medium-sized businesses, is determined as an increase of 5 percent in the total annual value of contracts concluded by customers based on the results of purchases of innovative products, high-tech products from small and medium-sized businesses for the year preceding the reporting year, but not more than 5 percent of the total annual value of all contracts concluded by customers based on the results of procurement of goods, works, services for the reporting year.
An example of calculating the annual volume of purchases of innovative products from SMEs
Procurement Report for Innovative Products
The requirement for the content and form of the report is contained in RF PP 1442. The report is annual and must contain the number of contracts concluded for the purchase of innovative products, their share in the total volume of contracts, the value of the purchase of innovative products, the total percentage increase compared to the previous year, purchases from SMP etc.
In accordance with the order of the Government of the Russian Federation of March 21, 2016 No. 475-r, the first report must be posted before February 1, 2017.
Specifics of procurement procedures
Considering the fact that in this case customers often buy something complex, science-intensive, it is advisable to carry out multi-stage procedures, when the proposals submitted at the first stage are discussed by the customer with the participants, the parameters of the purchased products are specified, as well as the deadlines. After that, the participants submit a second, and sometimes a third proposal. Only then can the customer conclude that the proposed product meets his needs.
However, multi-stage procedures are not popular due to the fact that the time frame usually does not allow them to be carried out.
The second tool that should be used in such purchases is pre-qualification.
Competitions with increasing the competence of the customer. Like two-stage competitions, allow the customer to get a final idea of what the market and specific participants can offer him to meet his production needs.
Umbrella purchases. Assume in fact probation for the contractor who went to the site. Problem: Extending the duration of the work.
Post-qualification. It involves assessing the compliance of the contractor with the requirements of the customer after the purchase. The convenience of the procedure lies in the fact that only the participant who won the procedure needs to be checked.
Features of contracts for the purchase of innovative products
The most important feature is that in many of these contracts will be protected intellectual property rights(Part 4 of the Civil Code of the Russian Federation). It is necessary to pay attention to those persons who will be named in the contract as copyright holders, if the subject of the procurement is intellectual property. The customer himself can also act as a patent owner if he finances these works and this is provided for by the contract.
The second category is objects protected by virtue of the fact of creation. These are so-called non-technical inventions (publications, musical works, etc.). In this case, the customer can acquire only property rights.
Objects protected due to the unknown to third parties and the adoption of special protective measures to preserve such unknown ( trade secrets, know-how, etc.).
A responsibility
Code of the Russian Federation on administrative offenses, article 7.32.3. Violation of the procedure for the procurement of goods, works, services by certain types of legal entities.
Part 5. Non-placement in the unified information system in the field of procurement of information on the procurement of goods, works, services, the placement of which is provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities - shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to three hundred thousand roubles.
