Hello, tell me what sanctions await the municipal state-financed organization in case of non-fulfillment of 15 percent by the SMP under 44-FZ? Interested in the calculation of the SMP according to 44 FZ. fines under 44 FZ Hide Victoria Dymova Support worker Pravoved.ru Similar questions have already been discussed, try looking here:
- Is it possible to pay a fine of 44 fz in installments?
- For what period of time can a fine be imposed under 44-FZ, when checking in 2017?
Lawyers Answers (3)
- All legal services in Moscow quotation bids Moscow from 10,000 rubles. Receipt of e-mail digital signature Moscow from 3000 rubles.
SMP purchases under 44-FZ
The specified volume is taken into account in the volume of purchases made by customers from small businesses that are socially oriented non-profit organizations in accordance with part 1 of this article, and is included in the report specified in part 4 of this article. Contracts should also include required condition on the civil liability of suppliers (contractors, executors) for non-fulfillment of the condition on the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations to the execution of contracts.
(part 6 in ed. federal law dated 06/04/2014 N 140-FZ) (see the text in the previous edition) 7.
What does SMP under 44-FZ mean and what you need to know about their participation in public procurement
Attention
It is important to remember that for the provision of false information, the contract with the winner may be terminated by the decision of the customer. Administrative responsibility for non-compliance with the norms of the legislation on placing an order with the NSR is determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:
- violation of the terms for posting information in the unified procurement information system during a tender or auction for less than two days, a fine of 5 and 15 thousand rubles is due.
rubles for individuals and legal entities, respectively;
Small business entities under 44 fz
Such contracts also fall under total number contracts concluded with SMEs (15%). Result in numbers: 30% is the amount of the maximum advance within the framework of supporting small businesses commercial tenders for small businesses, under the terms of which you will receive lucrative contracts with advance payment and with all possible advantages, as well as with minimal cost! Contact us, tell us about your business or idea, and we will help you realize your dream project! The main advantages of purchasing from SMP and SONO according to 44-FZ FZ uses the designation SMP - "Small Business Entity".
Purchases from small businesses
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SMP stands for "small business entity". As for SONKO, the decoding according to 44-FZ also does not differ from the generally accepted one - these are socially oriented non-profit organizations.
You can often find the abbreviation SONO, it stands for exactly the same. It is about them that will be discussed in this article. Who are SONO So, let's take a closer look at the question "SONCO - what kind of organizations?".
Let us turn to the definition of Federal Law No. 7 of 01/12/1996. These are structures that are engaged, for example, in such activities (the entire list can be found in p.
Purchases from SMP and SONO for 44 fz
Important
At the same time, the volume of such purchases is taken into account in the volume of purchases made by customers from small businesses, socially oriented non-profit organizations in accordance with part 1 of this article, and is included in the report specified in part 4 of this article. (Part 1.2 was introduced by Federal Law No. 140-FZ of 04.06.2014) Russian Federation or municipal formations) carrying out, in accordance with the constituent documents, the types of activities provided for by paragraph 1 of Article 31.1 of the Federal Law of January 12, 1996 N 7-ФЗ “On Non-Commercial Organizations”.
ConsultantPlus: note.
SMP fine under 44-fz
In such a report, the customer includes information on contracts concluded with small businesses, socially oriented non-profit organizations, as well as information on the failed determination of suppliers (contractors, performers) with the participation of small businesses, socially oriented non-profit organizations. (as amended by the Federal Laws of December 28, 2013 N 396-FZ, of June 4, 2014 N 140-FZ) (see.
text in the previous edition) 4.1. The procedure for preparing the report specified in Part 4 of this Article, its placement in the unified information system, and the form of the said report are determined by the Government of the Russian Federation. (Part 4.1 was introduced by Federal Law No. 140-FZ of 04.06.2014) 5.
Sonko in the contract system
Info
- social services for citizens;
- social support and protection;
- assistance in overcoming the consequences of natural disasters;
- measures to prevent socially dangerous behavior;
- environmental protection;
- animal protection.
At the same time, it is important to remember that if an organization is engaged in such activities, but its founders are the Russian Federation, constituent entities of the Russian Federation or municipalities, it will not be considered socially oriented non-profit. Features of participation in procurement under 44-FZ Law on contract system considers them also as Federal Law No. 7.
SMP and SONCO participate in public procurement under the same rules. For them, in order to support small business, benefits are provided (Art.
30 44-FZ). Government customers are required to conclude contracts with them, the total amount of which will be at least 15% of the total annual volume.
In the event that purchases from SMP or SONCO are recognized as failed, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONCO, and make purchases on a general basis (part 4 of article 30 of FZ-44). The customer has the right to establish in the notice of procurement a requirement for a supplier (executor, contractor) who is not an SMP or SONCO to involve subcontractors, co-executors from among the SMP, SONCO in the execution of the contract.
At the same time, the condition on the involvement of subcontractors, co-executors from among the SMP, SONKO in the execution of contracts is included in the contracts indicating the volume of such involvement, set as a percentage of the contract price.
The previous version of 44-FZ did not provide for any restrictions regarding the timing of payment for goods delivered or services rendered under government contracts. The customer could set this parameter based on his own interests.
On May 1, 2017, 83-FZ came into force, which establishes strict payment terms for all contracts concluded state enterprises. Payment options under the contract Payment terms are one of the most important points of the contract. Each document must contain not only the full amount of the contract and the currency, but also the time during which the customer is obliged to pay it. There are several payment options available:
- One-time.
It implies a full settlement with the supplier after the fulfillment of his obligations. - Advance payment.
Responsibility for SMP under 44 fz
Terms of payment under contracts concluded on a general basis According to paragraph 13.1 of Article 34, the customer must pay for government contract goods or services no later than 30 days from the date of submission of documents confirming the fact that the supplier has fulfilled its obligations. Such documents include the act of acceptance and transfer, waybills, invoices, and so on.
The law provides for the possibility of derogation from this rule. This is permissible only for situations established by the Government of Russia. For example, a different payment term is set for purchases in order to ensure the country's defense capability. Terms of payment for SMEs If the notice establishes that only small businesses can participate in the purchase, then Part 8 of Article 30 of 44-FZ applies.
Responsibility of the parties for SMP according to 44 fz
Standard conditions of contracts providing for the involvement of subcontractors, co-executors from among small business entities, socially oriented non-profit organizations for the execution of contracts may be established by the Government of the Russian Federation. 8. If the notice of procurement establishes restrictions in accordance with part 3 of this article, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition for payment by the customer of the delivered goods, work performed (its results) , the rendered service, individual stages of the execution of the contract no more than within fifteen working days from the date of signing by the customer of the acceptance document provided for by Part 7 of Article 94 of this Federal Law.
- On 07.10.2018
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- 44-FZ, UIS, Purchases from sole supplier, Request for quotations, Request for proposals, Competition, SMP, ETP
Now in the field public procurement a lot of new - ETP, electronic ways definitions of the supplier, the mechanism for ensuring the application. But the obligation of the customer to conclude part of the contracts with the SMP and SONO remains unshakable. The material clearly outlines all necessary information, which you need to know for purchasing from small businesses.
Who is SMP
SMP is small businesses. These include small businesses and micro-enterprises, including individual entrepreneurs. Criteria for inclusion in the NSR are regulated Law 209-FZ of July 24, 2007(Table 1).
Table 1. Who is considered an SMP
Who is SONO
SONO (SONKO) - socially oriented non-profit organizations. NGOs act in accordance with Law No. 7-FZ of January 12, 1996. However, not all NGOs are socially oriented, but only those that carry out activities aimed at solving social problems and developing civil society (paragraph 2.1 of Article 2). As well as activities from Article 31.1 of Law No. 7-FZ.
Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
In particular, SONO are engaged:
- social services and support of citizens;
- assistance to victims of natural disasters;
- environmental protection and animal welfare;
- activities in the field of education, science, art, healthcare;
- provision of legal assistance on a free or preferential basis.
This is far from all, but only a small part of the areas of activity of socially oriented NGOs.
How SMP and SONO prove their compliance
If the customer announces a purchase for SMP and SONO, then suppliers must confirm that they have the right to participate in it. To do this, the application includes a special declaration of ownership to this category. For electronic procedures, it can be generated directly on the ETP or attached to the application in the form separate document. In the declaration, the participant confirms that he meets all the criteria established for his category.
Also, customers are recommended to check the membership of the participant to the SMP through the search in a special Register on the website of the Tax Service. To check, it is enough to drive the TIN or the name of the applicant into the search box.
Information on the procurement from SMP and SONO in 2019
The following table summarizes the data for purchasing from small businesses for 2019.
Table 2. Procurement from SMP and SONO in 2019
| How much to buy? | 15% of the SSS. Less is not allowed, more is not prohibited |
| How is the volume distributed between the SMP and SONO? | In any ratio. You can buy everything from the SMP and nothing from SONO, and vice versa |
| What happens if you buy less? | Contract manager fine 50 thousand rubles |
| Maximum contract price with SMP/SONO | 20 million rubles |
| SMP / SONO preferences |
|
| How can you get the right amount? |
|
| What to do if the purchase for the NSR and SONO did not take place? | Remove the restriction and allow participants not from the SMP / SONO. Such a contract will not be included in 15% of the state defense order |
| Do I need to place in the EIS? | Yes, until April 1 next year |
Volume calculation algorithm
SMP and SONO need to purchase not less than 15% of the SHOZ. This is the entire volume of purchases for the current year, which did not include some of their types. See the details of the calculation in the following diagram.
Scheme. How to calculate the volume of purchases from a small business
*Calculating the current year's SSS, you need to take into account contracts passing from one fiscal year in another. And take into account only that the amount that payablein the current year.
Suppose the contract was concluded in 2018, and it will be executed and paid for in 2018 and 2019. So, the part of the contract paid for in 2018 should be included in the SSS for 2018. And that part, the payment of which will be made in next year, will go to the SSS 2019.
Note! From 2019, when calculating the total volume of purchases, it will be necessary to take into account contracts with a single supplier concluded as a result of failed electronic contests, as well as requests for quotations and offers in electronic form.
It stands for "subject of small business".
As for SONKO, the decoding according to 44-FZ also does not differ from the generally accepted one - these are socially oriented non-profit organizations. You can often find the abbreviation SONO, it stands for exactly the same. It is about them that will be discussed in this article.
Who are SONO
So, let's take a closer look at the question "SONKO - what organizations are these?". Let us turn to the definition of Federal Law No. 7 of 01/12/1996. These are structures that are engaged, for example, in such activities (the entire list can be found in paragraph 1 of article 31.1 of the 7-FZ):
- social services for citizens;
- social support and protection;
- assistance in overcoming the consequences of natural disasters;
- measures to prevent socially dangerous behavior;
- environmental protection;
- animal protection.
At the same time, it is important to remember that if an organization is engaged in such activities, but its founders are the Russian Federation, constituent entities of the Russian Federation or municipalities, it will not be considered socially oriented non-profit.
Features of participation in procurement under 44-FZ
The law on the contract system also considers them as Federal Law No. 7.
SMP and SONCO participate in public procurement under the same rules. For them, in order to support small businesses, benefits are provided (Article 30 of the 44-FZ). Government customers are required to conclude contracts with them, the total amount of which will be at least 15% of the total annual volume. They can do this in two ways:
- Conduct an auction where only such legal entities are allowed to participate. These can be open tenders , limited participation tenders , two - stage tenders , electronic auctions , requests for quotations and proposals . NMTsK at the same time should not exceed 20 million rubles.
- Establish a requirement for the winner - to involve SMP or SONO in the execution of the state contract as a subcontractor. NMTsK in this case is not limited.
There are also features in terms of payment. If restrictions and benefits are set for SMP and SONO, then they receive money within a maximum of 15 working days after signing acceptance certificates with the organizer of the auction.
What is SONO - we will decipher and tell you who to include and who can become, what forms SONO assumes and what percentage of the annual volume of purchases needs to be purchased from SONO.
From this article you will learn:
- what is SONO;
- forms and types of activities of non-profit organizations;
- who can become them;
- how to calculate the minimum purchase volume;
- on procurement under 44-FZ.
Sono - what is it? Decoding according to 44-FZ
FROM socially about oriented n non-commercial about organizations or SONOs are non-profit organizations created in provided by law No. 7-FZ forms (with the exception of public corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as activities under Art. 31.1 of Law No. 7-FZ. This definition contained in Part 2.1 of Art. 2 of the Federal Law of January 12, 1996 No. 7-FZ "On non-profit organizations" (hereinafter referred to as Law No. 7-FZ.
SONO is an organization that does not have profit making as the main goal of its activities and does not distribute the profits received among the participants (part 1 of article 2 of Law 7-FZ).
New payment terms introduced for SMP and SONO subcontracting
The government has reduced the terms of subcontract settlements with SMP and SONO to 15 business days. Correct the draft contracts under which you oblige the contractor to subcontract SMP and SONO. From October 18, new standard contract conditions are in effect. The changes were made by Government Decree No. 1226.
Details in the article »SONO Forms and Activities
Only an organization with a certain form and type of activity is entitled to receive the status of a socially oriented non-profit organization.
SONO can take one of the following forms:
- institution;
- non-commercial partnership;
- public or religious organization, association;
- community of indigenous peoples of the Russian Federation;
- Cossack society;
- autonomous non-profit organization;
- social, charitable and other fund;
- association and union;
- other forms provided by federal laws.
The legislator clarified that the benefits are provided by SONO, the founders of which are not the Russian Federation, a subject of the Russian Federation, a municipality. In doing so, they:
- decide social problems;
- develop civil society in the Russian Federation;
- doing social services social support and protection of citizens;
- prepare the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;
- provide assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;
- guard environment and protect animals;
- protect and maintain objects and territories of historical, religious, cultural or environmental significance, burial places;
- render legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations and educate the population on legal matters protect the rights and freedoms of man and citizen;
- and much more.
All this is said in part 2 of article 30 of Law No. 44-FZ.
Three typical mistakes in the procurement report from SMP and SONO
Let's take a look at three typical mistakes when preparing a report on purchases from small businesses. We are talking about mandatory annual purchases from the SMP or SONO in the amount of at least 15% of the SSS. Such purchases must be reported by April 1, 2018.
See articleWho can become SONO
Socially oriented non-profit organizations cannot become:
- state corporations;
- state companies;
- public associations - political parties.
In confirmation of their activities, SONO submits the following documents in 2018:
- copies constituent documents to verify the compliance of the types of activities indicated in them with the types of SONO provided for in paragraph 1 of Article 31.1 of Law No. 7-FZ;
- an extract from the Register of socially oriented non-profit organizations, which lists the recipients of support.
At the same time, support in the form of purchases from SONO does not apply to SONO, the founders of which are the Russian Federation, constituent entities of the Russian Federation or municipalities (part 2 of article 30 of Law No. 44-FZ).
Procurement from SONO and SMP
The customer is obliged to purchase goods, works, services from SONO and small businesses in the amount of at least 15% of the total annual volume of purchases. If you do not select the desired volume, executive will be fined 50,000 rubles. (part 1, article 30 of Law No. 44-FZ, part 11, article 7.30 of the Code of Administrative Offenses of the Russian Federation).
There is no list of goods, works or services that the customer purchases from SONO and small businesses. The customer chooses any object of purchase. This is stated in No. D28i-79 dated January 15, 2015.
At the end of the year, the customer draws up and places in the EIS a report on the volume of purchases from SONO and SMP.
Hello dear colleague! AT recent times my support team receives a lot of questions on the topic of placing orders with small businesses (SMEs). Therefore, today I decided to write a short review article, and concisely, but to the point, answer all frequently asked questions. Since the majority of procurement participants (suppliers) belong to the category of small businesses, this article will be useful and relevant for most visitors to my site. Therefore, I propose to immediately go to the essence of our today's topic.
1. Definition of small and medium-sized businesses
Subjects of small and medium business - economic entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", to small enterprises, including micro-enterprises, and medium-sized enterprises.
2. Conditions to be met by small and medium-sized businesses
- For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entitiesshould not exceed 25% (with the exception of the total share of participation, which is part of the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment funds, the composition common property investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities, which are not subjects of small and medium-sized businesses,should not exceed 49% each.
- The average number of employees for the previous calendar year must not exceed the following limit values average population employees for each category of small and medium-sized businesses:
a) from 101 to 250 people inclusive for medium enterprises;
b) up to 100 people inclusive for small businesses;
in) up to 15 people - microenterprises.
Note: If purchases are made for small businesses (SMEs), then the number of employees should not exceed 100 people inclusive.
- Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.
Note: In accordance with the Decree of the Government of the Russian Federation dated April 04, 206 No. 265for small businesses, this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.
3. The volume of purchases from the SMP according to 44-FZ
In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMPs), socially oriented non-profit organizations (SONO) in the amountnot less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.
According to part 1.1. Art. 30 44-FZ, when determining the volume of purchases, from small businesses, socially oriented non-profit organizations, the calculation of the total annual volume of purchases does not include purchases:
- to ensure the defense of the country and the security of the state;
- lending services;
- from a single supplier (contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
- works in the field of the use of atomic energy;
- in the implementation of which apply closed ways definition of suppliers (contractors, performers).
4. Procurement methods from SMP
As follows from paragraph 1 of part 1 of Art. 30 44-FZ, purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways:, contests with limited participation, two-stage contests,, , requests for proposals.
5. List of purchases from SMP according to 44-FZ
Many suppliers are interested in the following question: Is there a list of goods, works, services under 44-FZ, the purchase of which must be carried out from small businesses? I will answer that there is no such list, therefore, any goods, works, services can be purchased with the provision of preferences for the NSR and SONO.
6. Features of the participation of small businesses in public procurement
- The category of a small or medium-sized business entity is determined in accordance with the highest value condition (number of employees or revenue (value of assets)).
- The category of a small or medium-sized business entity changes only if the limit values for the number of employees or the amount of revenue (value of assets) are higher or lower than the specified limit values,within 3 calendar years following one after the other.
- Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration do not exceed the established limit values.
- Paragraph 1 of Part 1 of Art. 30 44-FZ establishes the maximum size of the initial (maximum) price of the contract when placing an order for the supply of goods, performance of work, for state or municipal needs at the SMP - 20 million rubles .
- When determining suppliers (contractors, performers), notices of procurement establish a restriction on procurement participants, which can only be small businesses. In this case, procurement participants are required to declare their affiliation with small businesses in applications for participation in procurement.
- The joint letter of the Ministry of Economic Development and Trade No. 7158-EE/D28i and FAS No. АЦ/13590/14 dated April 4, 2014 “On the position of the Ministry of Economic Development and the Federal Antimonopoly Service on the application of the norms of 44-FZ to relations related to the procurement from SMEs and socially oriented non-profit organizations” says following:
Article 30 of the Law on the contract system establishes that a document confirming the right of a participant in an open tender, electronic auction, request for quotation, request for proposals for benefits in accordance with Article 30 of the Contract System Law, is a declaration. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the contract system.
Those. Based on the above, it is enough just to declare your attitude to the NSR in the application and that's it. This will be enough.
You can download samples of declarations of conformity of a participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the Development of Small and Medium-Sized Businesses in the Russian Federation” on the website in the section point 5.
- According to part 15 of Art. 44 44-FZ the size of the security of the application for participation in the auction when placing an order with the SMPcannot exceed 2% the initial (maximum) price of the contract.
7. Administrative responsibility of the customer for non-compliance with the norms of the legislation on placing an order with SMP
Article 7.30 Code of the Russian Federation on administrative offenses liability is provided for non-compliance with the norms of the legislation on placing an order with SMP:
Part 11 Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .
Here, in fact, are all the main points that a supplier needs to know in order to participate in auctions placed for small businesses.
That's all for today. See you in the next editions!
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