Procurement planning within the framework of the contract system: implementation procedure. Deadlines for the procurement of goods, works, services Field Timings Periodicity of planned purchases

Often, customers get confused when filling out a procurement plan. Read in the material what to write in the line "timing and frequency of planned purchases."

What is the procurement period under 44-FZ

Officially, the purchase begins with the publication of a notice in the EIS. After that, participants can apply. The procedure ends when the obligations of the parties are fulfilled. Therefore, the procurement period is the period from the publication of a notice in the EIS or the date of signing the contract, if the notice is not expected, until the fulfillment of obligations under the contract. Confirmation of this position of the Ministry of Economic Development of Russia dated January 22, 2016 No. D28i-85.

The term for the purchase in terms of procurement under 44-FZ

About what you need to write in the line "term of the purchase", it is said in paragraphs. "e" clause 1 of the requirements for the form of procurement plans for goods, works, services of the Decree of the Government of the Russian Federation of 05.06.2015 No. 552 and paragraphs. "h" clause 1 of the requirements of the Decree of the Government of the Russian Federation of November 21, 2013 No. 1043.

The customer indicates the time for delivery of goods, performance of work, provision of services for a quarter, year, as well as the frequency of delivery of goods, performance of work, provision of services (every week, twice a month, once a month, once a quarter, once every six months, once a year etc.). That is, the period for the purchase and separately the frequency of fulfillment of obligations are indicated separately.

Procurement deadline in terms of procurement in the EIS: what to write

When drawing up a plan, in the "Date (frequency) of planned purchases" block, specify the range of dates in the "Purchase period" field. In the "Frequency of the purchase" field, click on the arrow and select the desired value. If "other" is selected, the required field "Specify the frequency" is additionally displayed. In it, information is entered directly by the user.

Example

The first example is a procurement plan card of the Ministry of Economic Development Altai Territory. It purchased licenses for the right to use computer software:

the purchase period is from 03/01/2018 to 04/30/2018;
the frequency of the purchase is not provided.

The next example is the Ministry of Education of the Omsk region. Let's take the purchase of vehicles for the transportation of students in educational organizations:

the procurement period is from 04/01/2018 to 12/01/2018;
The frequency of the purchase is once a year.

Important: Federal autonomous and budgetary institutions must place procurement plans under Law No. 44-FZ through the Electronic Budget system. How to create and agree on a procurement plan in the Electronic Budget

The term of the purchase in the schedule

The schedule is the basis for procurement. It is based on a plan. The schedule contains:

date of compilation;
information about the customer;
approximate volume of purchases per year;
data for each procedure:
- subject and price of the contract;
- the amount of the advance;
- stages of delivery and payment;
- units of measurement, quantity or volume;
- the amount of the security;
- the scheduled date of publication of the notice;
- period of the contract;
- restrictions for participants;
- Additional requirements.

In the schedule, the customer indicates the month of publication of the notice. For example, 02.2018. If the deadlines have shifted and the purchase has been postponed to the beginning of March, even due to several days, you will have to make changes to the schedule and indicate 03.2018. Since the information in the notice and in the schedule must match. The procurement plan also needs to be adjusted.

The customer does not agree with the presence of violations when placing information in the EIS when planning procurement

1. Procurement planning is carried out through the formation, approval and maintenance of schedules. Purchases that are not provided for by the schedules cannot be carried out.

2. Schedules include:

2) the name of the object and (or) the names of the objects of procurement;

3) the amount of financial support for procurement;

4) the timing (frequency) of the planned purchases;

5) information on the mandatory public discussion of the procurement of goods, works or services in accordance with Article 20 of this Federal Law;

3. Government Russian Federation installed:

1) requirements for the form of schedules;

2) the procedure for the formation, approval of schedules, making changes to such schedules;

4. The Government of the Russian Federation has the right to establish the specifics of including in the schedule information on centralized procurement, joint tenders and auctions, procurement, in the implementation of which closed ways determination of suppliers (contractors, executors), as well as on individual purchases provided for in paragraph 7 of part 2 of article 83, paragraph 3 of part 2 of article 83.1, part 1 of article 93 and article 111 of this Federal Law.

5. Schedules are formed for a period corresponding to the term of the federal law on the federal budget for the next fiscal year and planning period, federal laws on the budgets of state non-budgetary funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation, the laws of the subject of the Russian Federation on the budgets of territorial state non-budgetary funds, the municipal legal act of the representative body of the municipality on the local budget. The schedules include, taking into account the provisions of the budgetary legislation of the Russian Federation, information on purchases, the implementation of which is planned after the end of the planning period. In this case, the information specified in Part 2 of this Article shall be included in the procurement schedules for the entire period of the planned procurement.

6. The schedule is formed by the state or municipal customer in accordance with the requirements of this article in the process of drawing up and reviewing draft budgets budget system of the Russian Federation, taking into account the provisions of the budgetary legislation of the Russian Federation and is approved within ten working days after bringing to the state or municipal customer the scope of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budgetary legislation of the Russian Federation.

7. The schedule is formed by state, municipal institutions, state, municipal unitary enterprises in accordance with the requirements of this article when planning the financial and economic activities of state, municipal institutions, state, municipal unitary enterprises and is approved within ten working days after the approval, respectively, of the plan of financial and economic activities of state, municipal institutions, the plan (program) of financial and economic activities of state, municipal unitary enterprises.

8. Schedules are subject to change if necessary:

1) bringing them into conformity in connection with a change in the requirements established in accordance with Article 19 of this Federal Law for goods, works, services purchased by customers (including marginal price goods, works, services) and (or) standard costs for ensuring the functions government agencies, public authorities off-budget funds, municipal authorities;

2) bringing them into line in connection with a change in the volume of rights brought to the customer in monetary terms to accept and (or) fulfill obligations in accordance with the budget legislation of the Russian Federation, change in the indicators of plans (programs) of financial and economic activities of state, municipal institutions, state, municipal unitary enterprises, by changing the relevant decisions and (or) agreements on the provision of subsidies;

3) implementation of the decision made by the customer following the results of the mandatory public discussion of the procurement in accordance with

When adding a position in the Procurement Plan, you must specify the start date for the purchase. Do I need to specify the date when I will add and publish the corresponding position in the schedule, or the date when I will post the purchase notice itself?

Answer

How to create a procurement schedule for customers at the regional and municipal level

The procurement schedule is needed in order to plan in detail the volumes and terms of procurement for the next financial year. Draw it up after preparing the procurement plan. The schedule form for customers at the regional and municipal level was approved by Decree of the Government of the Russian Federation of June 5, 2015 No. 554. Use this form to prepare the schedule for 2017 and subsequent years.

Who prepares the schedule and when

The schedule is prepared by all organizations to which limits are brought. In the organization, the contract service is engaged in the schedule. If not contract service, then the contract manager.

A schedule is developed annually within the time limits set by the main managers of the budget funds of the constituent entity of the Russian Federation.

Example of limit adjustment

The document, by which the limits of budgetary obligations are adjusted at the regional level, is approved by the relevant regional regulatory legal acts.

If the procurement is carried out by an authorized body or an authorized institution, then the customer forms a schedule taking into account interaction with them.

For customers at the regional and municipal levels, some features have been identified in the preparation of the schedule.

What to include in the schedule

In the schedule, indicate information about all purchases planned during the year for which the schedule is approved. Also include purchasing information from sole supplier(contractor, performer).

If the procurement period exceeds the period for which the schedule is approved, then also include information on the purchase for the entire period of the contract in the schedule.

In the heading of the plan-schedule, indicate:

full name;
location, telephone and address Email a state customer acting on behalf of a constituent entity of the Russian Federation (hereinafter referred to as the state customer), a municipal customer acting on behalf of a municipality (hereinafter referred to as a municipal customer), or a legal entity that forms, approves and maintains a procurement schedule;
TIN and KPP;
code according to the All-Russian classifier of territories of municipalities, identifying:
subject of the Russian Federation (first and second characters of the code) - in relation to the procurement schedule to meet the needs of the subject of the Russian Federation;
municipality - in relation to the procurement schedule to ensure municipal needs;
code according to the All-Russian classifier of enterprises and organizations;
code according to the All-Russian classifier of organizational and legal forms;
total annual purchases. Specify the amount based on the information provided by the main manager.

In the schedule table, indicate:

Purchase number

Specify the serial number of the purchase.

Identification code

The Purchasing Identification Code is a 36-digit code. To make it, you need to know:

year of purchase;
identification code customer;
purchase number in the purchase plan;
purchase number in the schedule;
procurement object code;
expense type code.

For more information on how to generate it, see Procurement Identification Code.

Purchasing object

Give the name of the object and describe it.

If lots are selected in the purchase, specify the object of purchase separately for each lot.

When you describe the procurement object, indicate its functional, technical and quality characteristics, performance characteristics.

If the customer has set cost as a criterion life cycle product or object created as a result of the work, provide information on the application of such a criterion.

The Government of the Russian Federation approved an exhaustive list of cases of concluding life cycle contracts (Decree of the Government of the Russian Federation of November 28, 2013 No. 1087).

If you purchase medicines, please indicate the international generic names medicines. If there are no such names, indicate the chemical or grouping names from state register medicines.

This is indicated in paragraph 7 of subparagraph “i” of paragraph 1 of the Requirements for the form of the schedule, which were established by the Government of the Russian Federation by Decree No. 554 of June 5, 2015, hereinafter - Decree No. 554.

Initial (maximum) price of the contract, the price of a contract concluded with a single supplier

Specify the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer).

See the specifics of the definition of the NMCC within the framework of Article 22 of the Law on the contract system.

If it is impossible to determine the scope of work or services, for example, by maintenance and repair of machinery, equipment, or the scope of communication services, legal services, medical, educational, also indicate the price of spare parts or each spare part for machinery, equipment, or the price of a unit of work or service.

If the Government of the Russian Federation has established additional conditions to the contract that do not provide for the determination of the initial maximum price contract, write down the price formula without specifying the NMTsK.

This is stated in paragraph 4 of subparagraph "i" of paragraph 1 of Requirements No. 554.

Advance payment

If an advance is set, indicate it as a percentage of the initial (maximum) contract price. Whether or not to establish an advance in the contract is the right of the customer.

Planned payments

Specify the total amount, as well as the amount for the current financial year, for the planning period: for the first year and for the second year, subsequent years. Clarify the information according to the terms of the contracts that have been concluded.

If the execution and payment of the contract are staged and the procurement period exceeds the period for which the schedule is approved, indicate the amount by years of the planning period, as well as the total amount of planned payments outside the planning period.

Such a rule is spelled out in subparagraph “d” of paragraph 2 and in paragraph 3 of Requirements No. 554.

unit of measurement

Specify the unit of measure for the procurement object. If the object of purchase can be measured quantitatively, then also indicate the code according to the All-Russian classifier of units of measurement.

Do not include in the schedule information about the units of measurement and the volume of goods, works and services with different units of measurement.

Such a rule is established in paragraph 4 of Requirements No. 554.

The number of purchased goods, the volume of work performed and services rendered

Indicate the total quantity, and also write down the required quantity for the current financial year, for the planning period: for the first year and for the second year, subsequent years.

If the object of procurement can be measured quantitatively, indicate the quantity in accordance with the unit of measure according to the code of the All-Russian classifier of units of measure.

If the procurement period exceeds the period for which the schedule is approved, indicate the total quantity of goods supplied, the volume of work performed or services rendered in planning periods outside the current financial year, and the quantity outside the planning period.

Planned term (periodicity) for the supply of goods, performance of work, provision of services

If the frequency of delivery of goods, performance of work, provision of services is provided, indicate their frequency, for example: daily, weekly, twice a month, once every six months.

If the supply of goods, performance of work, provision of services will be phased, indicate in this column the month and year of each of the stages. For example: August 2017, September 2017, December 2017.

If the contract does not provide for stages and frequency, then indicate the start and end dates for the execution of the contract. For example: January 1, 2017 - December 31, 2017.

Collateral amount

Indicate the amount of security for the application for participation in the procurement and the amount of security for the performance of the contract.

Attention: Part 14 of Article 44 of Law No. 44-FZ provides that the amount of the application security should be from 0.5 to 5 percent of the NMTsK or, if the NMTsK does not exceed 3 million rubles during auctions, then 1 percent of the NMTsK.

Calculate the size of the bid security for tenders and auctions using the calculator.

Calculate the amount of the contract performance security using the calculator.

The planned date for the start of the procurement and the end of the execution of the contract

Indicate the planned month and year of placement of the notice of procurement, sending an invitation to take part in determining the supplier (contractor, performer) or, if the notice is not posted and the invitation is not sent, the month and year of the contract.

Indicate the planned month and year of completion of the contract.

Method for determining the supplier (contractor, performer)

Specify how the purchase will be made.

You can choose a method for conducting a competitive procurement method using the service.

Benefits provided to procurement participants in accordance with Articles 28 and 29 of Law No. 44-FZ

If the customer provided such benefits, indicate "yes", otherwise - "no". The customer is obliged to provide benefits to procurement participants only if the procurement object is included in one of the lists:

a list of goods, works, services, according to which, when determining suppliers (contractors, performers), the customer is obliged to provide institutions and enterprises of the penitentiary system with advantages in relation to the contract price they offer (approved by Decree of the Government of the Russian Federation of July 14, 2014 No. 649) ;
a list of goods, works, services, during the purchase of which the customer is obliged to provide benefits to organizations of the disabled (approved by Decree of the Government of the Russian Federation of April 15, 2014 No. 341).

Purchasing from SMP and SONO

If the customer purchases from such entities, indicate "yes", otherwise - "no".

The customer is obliged to make purchases from SMP, SONO in the amount of at least 15 percent of the total annual volume of purchases (part 1 of article 30 of Law No. 44-FZ).

For more information about procurement from SMP and SONO, see Participation of SMP and SONO in procurement. The volume of purchases from SMP and SONO.

Application of national treatment in procurement

If the customer has established a ban on the admission of goods, works, services or restrictions and conditions for admission, indicate them, otherwise do not fill in the box.

See Applying National Treatment in Procurement for details.

Additional requirements to the procurement participants certain types goods, works, services

If the customer has established additional requirements for procurement participants, indicate such requirements and their justification, otherwise do not fill in the box.

When determining suppliers (contractors, performers), customers are required to establish such additional requirements for procurement participants, if they are determined by the Government of the Russian Federation (part 4 of article 31 of Law No. 44-FZ). Decree of the Government of the Russian Federation of February 4, 2015 No. 99 approved additional requirements for participants in the procurement of certain types of goods, works, services, the procurement of which is carried out through tenders with limited participation, two-stage competitions, closed competitions with limited participation, closed two-stage competitions or auctions.

For more details, see Additional requirements for procurement participants under the Law on the contract system.

Mandatory public discussion of the procurement

If the procedure provides for a mandatory public discussion of the procurement, indicate the number and date of the protocol drawn up based on the results of the public discussion of the procurement after being posted in the EIS, otherwise do not fill in the box.

Attention: violation of the procedure or terms for holding a mandatory public discussion of procurement or failure to conduct a mandatory public discussion of procurement shall entail the imposition of an administrative fine on officials in the amount of 30,000 rubles. (part 3 of article 7.29.3 of the Code of Administrative Offenses of the Russian Federation).

Banking and treasury support of the contract

If the contract, when executed, involves banking support, indicate the details of the bank, the number and date of the contract. Write down if the support will be carried out by the Federal Treasury. Specify both banking and treasury, bank or treasury support, or indicate “none” if no support is provided. This is stated in paragraph 20 of subparagraph "i" of paragraph 1 of Requirements No. 554.

Rationale for the change

If changes were made to the approved schedule, indicate the date, content and justification for them, otherwise do not fill in the box.

Authorized body (institution)

If the procurement is carried out by an authorized body or an authorized institution, indicate information about them, otherwise do not fill in the box.

For more information about authorized bodies and institutions, see Issues of Centralization of Procurement in Law No. 44-FZ.

Organizer of a joint competition or auction

If a joint purchase is planned, indicate the information about the organizer, otherwise do not fill in the box.

In separate lines in the table of the schedule, indicate, if you have such purchases, information on the purchases that are planned to be carried out in accordance with paragraph 7 of part 2 of article 83 and paragraphs 4, 5, 26, 33 of part 1 of article 93 of Law No. 44-FZ , for each budget classification code in the amount of the annual volume of financial security for each of the following procurement objects:

medicines purchased in accordance with clause 7 of part 2 of Article 83 of Law No. 44-FZ;
goods, works or services for an amount not exceeding 100,000 rubles. (in case of conclusion of a contract in accordance with clause 4, part 1, article 93 of Law No. 44-FZ);
goods, works or services for an amount not exceeding 400,000 rubles. (in case of conclusion of a contract in accordance with clause 5, part 1, article 93 of Law No. 44-FZ);
services related to sending an employee to business trip(in case of conclusion of a contract in accordance with clause 26, part 1, article 93 of Law No. 44-FZ), as well as participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to visit the specified events;
teaching services provided by individuals;
services of a guide (guide) provided by individuals;
maintenance and repair non-residential premises which are handed over to the customer free of charge, utilities in such premises;
collection of statistical data carried out by individuals (clause 42, part 1, article 93 of Law No. 44-FZ);
services for accessing information in foreign databases and specialized databases of international scientific citation indices (clause 44, part 1, article 93 of Law No. 44-FZ).

Such requirements are spelled out in subparagraph "a" of paragraph 2 of Requirements No. 554.

Total for BCC

Enter the total financial provision for each budget classification code.

If there are several BCFs, then indicate each BCF in a separate line of the table. To do this, add separate rows in the table.

Provided for procurement - total

the total amount of the initial (maximum) prices of contracts, the prices of contracts concluded with the only suppliers (contractors, performers);
the amount of planned payments in the current financial year;
the amount of planned payments for the first and second planning years;
the amount of planned payments in subsequent years;
total planned payments.

Situation: should the total amount of the NMCC in the schedule equal the limits specified in the procurement plan

Yes, if the limits are understood as the amount of financial support for procurement, which is defined in the procurement plan (clause 14 of the Requirements, which were approved by the Government of the Russian Federation in Resolution No. 554 of June 5, 2015).

The financial authorities control that the amount of financial support indicated in the schedules corresponds to the amount of financial support in terms of procurement (subparagraph “a”, paragraph 2, part 5, article 99 of Law No. 44-FZ).

Including: procurement by requesting quotations

If you have planned purchases carried out by conducting a request for quotations in accordance with Article 72 of Law No. 44-FZ, then fill in this line. Specify:

the total amount of initial (maximum) contract prices;
the total amount of planned payments in the current year, planned and subsequent years.

After completing the schedule, indicate:

the date of its approval;
surname, name, patronymic (if any) of the responsible executor;
position, surname, name, patronymic (if any) of the person who approved the schedule.

Situation: should pre-selection be included in the procurement schedule for 2017

No, don't turn it on. Articles 17 and 21 of Law No. 44-FZ do not establish an obligation to enter information on pre-selection either in the plan or in the procurement schedule.

Who and when approves the schedule

The head or a person authorized by the head approves the schedule within 10 working days from the date of:

bringing to the customer the scope of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budget legislation of Russia - for municipal customers and government customers who act on behalf of the region;
approval of plans for financial and economic activities - for municipal unitary enterprises, state unitary enterprises in regional ownership and budgetary institutions of subjects and municipalities;
conclusion of agreements on the provision of subsidies for the implementation of capital investments in facilities capital construction state (municipal) property - for autonomous institutions of municipalities and regions;
conclusion of agreements on the provision of subsidies for the acquisition of real estate in state (municipal) ownership - for autonomous institutions of municipalities and regions;
bringing to the appropriate personal account for the transferred powers the scope of rights in monetary terms to accept and fulfill obligations in accordance with the budgetary legislation of Russia - budgetary and autonomous institutions of municipalities and regions.

The procedure in which customers approve procurement schedules is established in clause 3 of the Requirements for the formation of schedules approved by Decree of the Government of the Russian Federation of June 5, 2015 No. 554.

Attention: violation of the deadline for approval of the procurement schedule, changes made to it shall entail the imposition of an administrative fine on officials in the amount of 5,000 to 30,000 rubles. (part 4 of article 7.29.3 of the Code of Administrative Offenses of the Russian Federation).

How to justify purchases included in the schedule

When forming the schedule, the customer is obliged to justify the purchases included in it.

Attention: inclusion in the procurement schedule of procurement objects that do not meet the objectives of procurement, as well as the initial (maximum) price of the contract, including the one concluded with a single supplier (contractor, performer), in respect of which there is no justification or does not meet the requirements, entails the imposition of an administrative a fine on officials in the amount of 20,000 to 50,000 rubles. (part 1 of article 7.29.3 of the Code of Administrative Offenses of the Russian Federation).

For more information about justifying purchases, see How to justify purchases included in the schedule.

Federal Law No. 44-FZ of 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - Law No. 44-FZ) regulates the procurement process in sufficient detail, setting the deadlines for almost every step . However, power ministries and departments will have to be guided not only by this law, since they carry out purchases not only to meet their own needs, but also to ensure the defense and security of our country. In the article, we will consider the deadlines that must be observed when making purchases, including for the state defense order, since administrative responsibility is established for their violation.

Procurement planning.

Procurement planning - milestone procurement activities. In accordance with Law No. 44-FZ, planning is carried out through the formation, approval and maintenance of procurement plans and procurement schedules. All the deadlines that must be observed when compiling and maintaining these documents are defined in the following decrees of the Government of the Russian Federation:

dated 05.06.2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs”;
dated 05.06.2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs”.

For clarity and convenience, we present the main terms in the table.

Events	Deadlines
Approval of procurement plans and procurement schedules	Within 10 business days from: – bringing approved limits for state and municipal institutions; – approval of plans (programs) of financial and economic activities for budgetary and unitary enterprises; – conclusion of agreements on the provision of subsidies for the implementation of capital investments for autonomous institutions
Accommodation in a single information system(EIS) procurement plans, procurement schedules
Making changes to the procurement schedule	Not later than 10 days before the date of placement in the EIS of a notice of procurement, sending an invitation to take part in determining the supplier (contractor, performer) for each procurement object
Placement of changes made to the procurement schedule or procurement plan in the EIS	Within three working days* from the date of approval of such plans, with the exception of information constituting a state secret

* Decree of the Government of the Russian Federation of October 29, 2015 No. 1168 “On approval of the Rules for placing in a single information system in the field of procurement plans for the procurement of goods, works, services to meet state and municipal needs, schedules for the procurement of goods, works, services to ensure state and municipal needs."

At the same time, the features of procurement planning within the framework of the state defense order are established by Federal Law No. 275-FZ of December 29, 2012 "On the State Defense Order" (hereinafter - Law No. 275-FZ). In particular, according to Art. 5 of this law, the Government of the Russian Federation approves the state defense order and measures for its implementation within a month after the signing by the President of the Russian Federation of the federal law on the federal budget for the next financial year and planning period.

When approving a defense order, the Government of the Russian Federation approves state customers. Recall that, as such, this case are:

federal agency executive power;
State Atomic Energy Corporation "Rosatom";
State corporation for space activities "Roskosmos".

It should be noted that when approving a defense order, the Government of the Russian Federation has the right to set deadlines for placing tasks (clause 2, clause 1, article 12 of Law No. 275-FZ). This should contribute to the provision of work for defense industry enterprises from the beginning next year(no delay).

According to Part 1 of Art. 6 of Law No. 275-FZ, the state defense order is placed in the manner prescribed by Law No. 44-FZ, taking into account the specifics determined by Law No. 275-FZ. However, this law does not regulate the timing of the procurement procedures, so we will be guided by the norms of the legislation on the contract system.

Note:

For violation of the deadline for approving the procurement plan, the procurement schedule (changes made to these plans) or the deadline for placing the procurement plan, the procurement schedule (changes made to these plans) in the EIS, Part 4, Art. 7.29.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative responsibility. Officials of the customer will pay a fine in the amount of 5,000 to 30,000 rubles.

Deadlines to be observed when determining a supplier.

Any procurement procedure can be divided into several stages: preparation of documentation, its placement in the EIS, collection of applications or proposals, determination of the winner and conclusion of a contract. For almost every stage, Law No. 44-FZ defines the deadlines for performing certain actions, for each type of procurement (open tender, request for quotations, etc.) they have their own.

For example, consider the most common forms of supplier determination: tender and electronic auction.

Competition stage	Deadlines
Placement of a notice in the EIS	At least 20 days before the date of opening the envelopes with applications for participation in the competition (part 1 of article 49 of Law No. 44-FZ)
Making changes to the tender documentation	Five days before the deadline for filing applications, while the deadline for filing applications must be extended so that from the date of making changes to the tender documentation until the deadline for filing applications, at least 10 working days remain (part 6 of article 50 of Law No. 44-FZ)
Purchase Cancellation	Not later than five days before the deadline for filing applications (part 1 of article 36 of Law No. 44-FZ)
Placement of the envelope opening protocol in the EIS and opening access to applications in electronic form	Not later than the business day following the date of signing the protocol (part 7 of article 52 of Law No. 44-FZ)
Consideration and evaluation of applications	Not more than 20 days from the date of opening the envelopes with applications and (or) opening access to those submitted in electronic form applications (Part 1, Article 53 of Law No. 44-FZ)
Placement of the protocol of consideration and evaluation of applications in the EIS	Not later than the working day following the date of signing the protocol (one copy is kept by the customer, the other copy is sent to the winner of the tender or the only participant within three working days from the date of its signing) (part 12 of article 53 of Law No. 44-FZ)
Signing the contract by the winner and sending it to the customer	Within 10 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 3 of article 54 of Law No. 44-FZ)
Conclusion of a contract	Not earlier than 10 days and not later than 20 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 2 of article 54 of Law No. 44-FZ)

It should be noted that when purchasing goods, works or services, information about which is a state secret, closed methods for determining suppliers are used, for example, a closed tender. When conducting it, it is important to pay attention to the following terms (Article 85 of Law No. 44-FZ):

notice of the closed competition placed by the customer in the EIS at least 30 days before the date of opening the envelopes with applications for participation in the tender. If notification is not required, the customer is obliged, no later than 20 days before the date of opening the envelopes with applications for participation in the tender, to send invitations to take part in the closed tender to persons who meet the requirements, prescribed by law No. 44-FZ, and have access to information constituting a state secret;
tender documentation must be sent to persons interested in participating in the procurement within three days from the date of receipt of requests from them. If the request was sent by a person to whom an invitation was sent to take part in a closed tender, the documentation must be provided no later than two working days from the receipt of the corresponding request;
not later than 20 days before the date of opening the envelopes with applications for participation in a closed tender, the customer sends to the authorized federal executive body a list of all persons to whom the tender documentation was sent at their request, and copies of all invitations to take part in such a tender;
the protocol for opening envelopes with applications for participation in the competition, as well as the protocol for considering and evaluating applications for participation in it, no later than the working day following the date of their signing, are sent to the authorized federal executive body, that is, to the FAS. Within the same period, a copy of the protocol for the consideration and evaluation of applications for participation in the competition must be sent to the participants in the closed competition who submitted applications for participation in it.

Procedure electronic auction somewhat more complicated, since one more is added actor(in addition to the customer and participants) - an electronic platform on which, in fact, the purchase is carried out.

So, as usual, competitive procurement starts with a notice:

no later than seven days before the deadline for accepting applications - with the NMCC up to 3 million rubles;
no later than 15 days - with the NMCC more than 3 million rubles.

If, during the collection of applications, any of the participants requests clarification of the provisions of the documentation on the electronic auction, the customer is obliged to provide those within two days (part 4 of article 65 of Law No. 44-FZ).

Customer by own initiative or in accordance with the received request for clarification of the provisions of the documentation on the electronic auction, has the right to decide on making changes to the documentation on such an auction no later than two days before the deadline for filing applications for participation in the auction. Within one day from the date of adoption of the said decision, the changes must be posted in the EIS. At the same time, the deadline for submitting applications for participation in such an auction should be extended so that from the date of placement of changes until the deadline for submitting applications, at least 15 days remain (if the NMTsK is more than 3 million rubles) or at least seven days (if the NMTsK is less than 3 million rubles).

You can cancel an electronic auction no later than five days before the deadline for accepting applications (Part 1, Article 36 of Law No. 44-FZ).

Since the application for participation in the electronic auction consists of two parts, according to Part 2 of Art. 67 of Law No. 44-FZ, the customer can consider the first part of the application no more than seven days from the deadline for filing applications. Based on the results of the consideration, a protocol is drawn up, which must be posted in the EIS no later than the deadline for consideration of applications. Two days after the deadline for consideration of the first parts of applications, the auction itself is held.

Consideration by the commission of the customer of the second parts of applications should not exceed three working days from the date of placement on electronic platform protocol for conducting an electronic auction.

Note:

The final protocol must be posted no later than the working day following the date of its signing (part 8 of article 69 of Law No. 44-FZ).

A contract is concluded with the winner of the auction. His draft without the signature of the customer must be placed in the EIS within five days from the date of placement in the EIS of the final protocol. Within five days from the date of placement of the draft contract, the winner of the auction must place the signed contract in the EIS.

According to part 7 of Art. 70 of Law No. 44-FZ, within three working days from the date of placement in the EIS of the contract signed by the winner of the electronic auction, the customer is obliged to place the contract signed on his part.

Each step of the customer, each of his actions (as well as the actions of the participants) are strictly regulated. Note that we have considered the general terms without taking into account that the determination of the supplier may be suspended (for example, in connection with the filing of a complaint) or the notice may be amended.

Payment for goods, works or services.

It is not enough to meet the deadlines when making a purchase and concluding a contract with the winner. During the execution of the contract, Law No. 44-FZ defines many actions, the deadlines for which the customer is obliged not to violate.

For example, this applies to payment for the delivered goods, work performed, services rendered, or individual stages of the execution of the contract. Most recently (from 05/01/2017), the terms for making payments under government contracts have been adjusted.

By general rule the payment term under the contract should be no more than 30 days from the date of signing by the customer of the acceptance document, with the exception of some cases (part 13.1 of article 34 of Law No. 44-FZ).

In particular, if the purchase was carried out among small businesses and socially oriented non-profit organizations, the contract concluded with such an organization must contain required condition on payment by the customer for the delivered goods, work performed (its results), services rendered, individual stages of the execution of the contract no more than within 15 working days from the date of signing by the customer of the acceptance document (part 8 of article 30 of Law No. 44-FZ).

If the terms of payment by the customer for goods, works or services are not included in the draft contract and documentation, this may result in a fine under Part 4.2 of Art. 7.30 Administrative Code of the Russian Federation - in the amount of 3,000 rubles.

Deadlines for sending information for inclusion in the register of contracts.

After the conclusion of the contract, the customer must send certain information on it to the federal treasury, the authorized executive body of the constituent entity of the Russian Federation or local government (Decree of the Government of the Russian Federation of November 28, 2013 No. 1084 “On the procedure for maintaining the register of contracts concluded by customers, and the register of contracts containing information, constituting a state secret”) to be included in the register of contracts.

This must be done no later than three working days from the date of conclusion of the contract. At the same time, information on the changed terms of the contract must be reported to the Treasury.

In addition, within three working days, the customer is obliged to send to the treasury:

information on the performance of the contract, including information on payment for the contract, accrual of penalties (fines, penalties) due to improper performance of obligations under the contract;
information about the termination of the contract, indicating the grounds;
a document on acceptance in case of a decision to accept the delivered goods, work performed, services rendered.

Note:

For violation of the deadlines for sending information to be included in the register of contracts, Part 2 of Art. 7.31 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for officials - a fine of 20,000 rubles.

Register of unscrupulous suppliers.

According to Part 4 - 6 Art. 104 of Law No. 44-FZ, the customer must send to the control body (FAS, its territorial bodies) information about the procurement participant and the supplier for inclusion in the register unscrupulous suppliers.

It is necessary to transfer such information within the following terms (Article 104 of Law No. 44-FZ):

within three working days from the date of conclusion of the contract with the participant whose bid or offer was assigned the second number, if the winner of the supplier determination evaded the conclusion of the contract;
within five working days from the date of expiration of the contract signing period specified in the procurement documentation, if the only procurement participant who submitted an application or proposal and with whom a contract is concluded in the cases provided for in clauses 24, 25, part 1 of Art. 93 of Law No. 44-FZ, evaded his conclusion;
within three working days from the date of termination of the contract by a court decision or in connection with the unilateral refusal of the customer to perform the contract.

Failure to comply with these deadlines is fraught with administrative liability under Part 2 of Art. 7.31 of the Code of Administrative Offenses of the Russian Federation: an official faces a fine in the amount of 20,000 rubles.

Contract performance report.

Recall that such a report is posted in the EIS in accordance with Part 9 of Art. 94 of Law No. 44-FZ. The terms of its placement are established by Decree of the Government of the Russian Federation of November 28, 2013 No. 1093. The report is published by the customer in the EIS within seven working days:

from the date of payment by the customer of obligations and signing by him of a document on the acceptance of the results of the execution of the contract and (or) the results of a separate stage of its execution, and in the case of the creation of an acceptance committee - from the day of signing such a document by all members of the acceptance committee and approval by the customer for a separate stage of execution of the contract;
from the date of payment by the customer of obligations under the contract and signing of the document on acceptance of the delivered goods, work performed and services rendered, and in the case of the creation of an acceptance committee - from the date of signing such a document by all members of the acceptance committee and its approval by the customer;
from the date of termination of the contract, that is, from the day determined by the agreement of the parties on termination of the contract, the day the court decision on termination of the contract comes into force or the day the decision of the supplier, contractor or performer (hereinafter referred to as the performer) or the customer on unilateral refusal to perform comes into force contract.

Failure to comply with this period is qualified by controllers as an administrative offense in accordance with Part 1.4 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation, for which a fine is imposed:

for officials - in the amount of 15,000 rubles;
on the legal entities- in the amount of 50,000 rubles.

Deadlines to be observed when terminating a contract.

Note that in order to meet the deadlines, it is of interest to terminate the contract if the customer decides to unilaterally refuse to fulfill it. Cases where such a decision is made without fail named in Art. 95 of Law No. 44-FZ.

So, the decision on the unilateral refusal to perform the contract, the customer must, within three working days from the date of its adoption:

place in the EIS;
send to the supplier (contractor, performer).

The date of the proper notification of the supplier is the date of receipt by the customer of confirmation of the delivery of the specified notification to the supplier or the date of receipt by the customer of information about the absence of the supplier at the address indicated in the contract. If it is impossible to obtain the specified confirmation or information, the date of such proper notification is the date after 30 days from the date of placement of the customer's decision on the unilateral refusal to execute the contract in the EIS.

The customer's decision to unilaterally refuse to perform the contract enters into force and the contract is considered terminated 10 days from the date the customer duly notified the supplier (contractor, performer) of the unilateral refusal to perform the contract (part 13 of article 95 of Law No. 44-FZ).

Responsibility for violation of deadlines.

Penalties for violation of deadlines during procurement are rather big, and the specific amount of the fine often depends on how late the execution of one or another stage of the procurement is. So, according to part 1 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation, violation of the terms for posting information and documents in the UIS, the placement of which is provided for by Law No. 44-FZ, during a tender and auction for no more than two working days, entails the imposition of an administrative fine on officials in the amount of 5,000 rubles, and on legal persons - 15,000 rubles. But if these deadlines are violated by more than two working days, the fine for officials will be 30,000 rubles, for an institution - 100,000 rubles. (part 1.1 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The maximum fine for violation of the terms for posting information and documents when conducting a request for quotations, a request for proposals, or purchasing from a single supplier (contractor, performer) is 10,000 rubles. for officials and 50,000 rubles. for an organization (parts 1.2, 1.3 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The largest fine for an organization is 500,000 rubles. - Part 3 of Art. 7.30 Administrative Code of the Russian Federation. It is applied for non-posting of information and documents in the EIS, the placement of which is established by law. For example, the FAS Commission for Control in the Sphere of State Defense Orders, in Decision No. PGZ-190/17 dated 08/03/2017, considered: since the customer did not place in the UIS project documentation when conducting an auction for a major overhaul, there is a commission administrative offense falling under h. 3 Article. 7.30 Administrative Code of the Russian Federation.

The remaining fines are much lower - up to 50,000 rubles. They apply to officials for reducing the deadlines for filing applications for participation, violation of the deadlines for signing protocols, non-compliance with the deadline for posting a notice of procurement.

* * *

In conclusion, we note that compliance with the deadlines is almost always checked by the control body. Since the result of their violation can be not only administrative responsibility, but also the cancellation of the purchase, we recommend that the customer's officials responsible for compiling the procurement documentation, its implementation and other procedures be more careful.

The information to be transferred is named in Art. 104 of Law No. 44-FZ, and some terms are specified in the Rules for maintaining the register of unscrupulous suppliers, approved by Decree of the Government of the Russian Federation of November 25, 2013 No. 1062.

"On the procedure for preparing and posting in a unified information system in the field of procurement a report on the execution of a state (municipal) contract and (or) on the results of a separate stage of its execution."

Power ministries and departments: accounting and taxation, No. 12, 2017

Hello dear colleague! As you know, procurement planning in accordance with Article 16 of 44-FZ provides for the formation of a procurement plan for a three-year period and for one year. Moreover, these two documents must be formed and used in the work simultaneously. Those. in 2016, customers will start preparing these documents for the period 2017-2019. In this article, we will talk in detail about procurement plans. Let's figure out what they are, what information they contain, as well as where and by whom they are placed. The material of the article will be useful to both customers and procurement participants.

1. What is a procurement plan?

Procurement plan - this is a document containing a list of needs (goods, works, services) that the state (municipal) customer needs, as well as information about the funds allocated to meet these needs.

General requirements to procurement plans are established by Article 17 of 44-FZ.

The procurement plan is drawn up by the customer for 3 years (clause 4 of article 17 of 44-FZ). In the event that the procurement period exceeds three years, the information is entered into the procurement plan (hereinafter referred to as PZ) for the entire procurement period. The first PP of customers should be formed for the period 2017-2019.

The requirements for the form of the PZ and the procedure for placing such plans in are established by the Government of the Russian Federation. Also, the Government of the Russian Federation establishes:

the procedure for the formation, approval and maintenance of PZ to meet federal needs;
requirements for the procedure for the formation, approval and maintenance of PZ in the constituent entities of the Russian Federation and municipalities (Note: These requirements are approved by Decree of the Government of the Russian Federation of November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of plans for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of plans for the procurement of goods, works , services")

2. What information should be included in a purchasing plan?

According to part 2 of article 17 of 44-FZ, the PZ should contain the following information:

1. purchase identification code (Note: This code is generated using the budget classification code, determined in accordance with the budget legislation of the Russian Federation, codes all-Russian classifiers, a catalog of goods, works, services to meet state and municipal needs and may include other information);

2. the purpose of the procurement;

3. the name of the object and (or) the names of the objects of procurement;

4. the amount of financial support for the purchase;

5. timing (frequency) of planned purchases;

6. rationale for the purchase (Note: The rationale for the procurement consists in establishing the compliance of the planned procurement with the objectives of the procurement, as well as the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement. The justification for the purchase is an annex to the procurement plan. The rules for justification, as well as the forms for justifying purchases, are determined by Decree of the Government of the Russian Federation dated June 5, 2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and the forms of such justification”);

7. information on the procurement of goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors, performers) with the required level of qualification, as well as intended for scientific research, experiments, research, design work(including architectural and construction design);

8. information about the mandatory public discussion of the procurement of goods, works or services;

9. Additional Information, provided for inclusion in the PP by the Government of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations.

Note: You can make a procurement plan automatically in the program.

3. Procurement plan form

Regulatory legal regulation procurement planning is carried out according to the levels of budget financing. Those. the form, procedure for the formation, approval, placement of the PP are established for customers of each level of budget financing, respectively:

for a federal-level customer (the Government of the Russian Federation);
for customers at the level of a constituent entity of the Russian Federation (the highest executive bodies of state power of the constituent entities of the Russian Federation);
for municipal customers (local administrations).

Thus, when preparing a PP, federal customers must be guided by Decree of the Government of the Russian Federation dated June 5, 2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of the plan procurement of goods, works, services to meet federal needs.

(xls, 39 Kb).

And for customers at the level of a constituent entity of the Russian Federation and municipal customers, it is necessary to be guidedDecree of the Government of the Russian Federation of November 21, 2013 No. 1043 "On the requirements for the formation, approval and maintenance of plans for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of procurement plans for goods, works, services" , as well as the procedure for maintaining the PZ, approved by the subject of the Russian Federation (local administration).

Those. subjects of the Russian Federation and municipalities establish the procedure for the formation, approval and maintenance of PP at their level, taking into account the requirementsDecree No. 1043, and have the ability to adjust the following parameters:

the timing of the formation of the PP;
grounds for making changes to the PP (in addition to those provided by the Government of the Russian Federation);
additional information included in the PP forms.

(xls, 39 Kb).

Procurement plan is formedstate or municipal customer In accordance with the requirements of Art. 17 44-FZ in the process of compiling and considering draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation and is approvedwithin 10 working days after bringing to the state or municipal customer the scope of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budgetary legislation of the Russian Federation (part 7 of article 17 of 44-FZ).

Procurement plan is formedbudget institution In accordance with the requirements of Art. 17 44-FZ when planning financial and economic activities budget institution and approvedwithin 10 working days after the approval of the plan for financial and economic activities of a budgetary institution (part 8 of article 17 of 44-FZ).

4. Making changes to procurement plans

According to Part 6 of Art. 17 44-FZ PZ are subject to change if necessary:

1) bringing them into line in connection with a change in the objectives of procurement and requirements for goods, works, services purchased by customers (including the marginal price of goods, works, services) and (or) standard costs for ensuring the functions of state bodies, government bodies off-budget funds, municipal bodies;

2) bringing them into line with changes made to the federal budget (budgets of the constituent entities of the Russian Federation, local budgets) for the current financial year and planning period;

3) implementation of federal laws, decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation, decisions, instructions of the highest executive bodies of state power of the constituent entities of the Russian Federation, municipal legal acts that are adopted (given) after the approval of procurement plans and not lead to a change in the volume of budget allocations approved by law or by a decision on the budget;

4) implementation of the decision made by the customer as a result of the mandatory public discussion of the procurement;

5) use, in accordance with the legislation of the Russian Federation, of the savings received during the procurement;

6) in other cases, established order formation, approval and maintenance of procurement plans.

5. Publication of the procurement plan

The approved PP is subject to placement within 3 working days from the date of approval or change of such a plan, with the exception of information constituting a state secret (part 9 of article 17 of 44-FZ).

Also, customers have the right to post software on their websites on the Internet (if any), as well as publish in any printed publications(part 10 of article 17 of 44-FZ).

How to draw up a procurement plan and a procurement schedule for 2016 is described in this video:

So we have examined what the procurement plans for 44-FZ are. I hope that this information was necessary and useful for you. See you in the next editions.

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