Drawing up a procurement plan for 223 fz. How to place a zero purchasing plan. Formation of needs by initiators in the directory

November 30, 2016 3:54 pm

Or “Procurement plan for 223-FZ: how to prepare simply and easily”

The result of procurement planning under 223-FZ is formed in a regulated form and placed on time in a single information system(EIS) procurement plan. But the law does not regulate how you will form it, so the customers themselves determine the order of the planning process and fix it in the Procurement Regulations developed at the enterprise.

The formation of a procurement plan is a rather laborious process, since it is necessary to determine as accurately as possible the need of the entire enterprise to purchase goods, works, services for at least the next fiscal year, evaluate and agree on the need for each purchase, taking into account budget limits and stocks, if necessary, group similar needs, form, agree, approve and place a procurement plan in the EIS.

If the goal of automating departments and services that carry out procurement for your company is not only the implementation of procedures regulated by law, but also the construction of an effective procurement planning system, in this case you should pay attention to the development of a planning methodology, choosing the best option and automating it.

In this article, we will analyze several options for the formation of a procurement plan, but first we will define the terminology.

Need is an application for the purchase of goods, works, services. The initiator of the need can be either an ordinary employee (for example, an application for the purchase of equipment to perform his work), or a manager, his deputy, or a specially allocated employee in a department (for example, to form needs for his department).

Procurement plan item is a separate component of the procurement plan (separate line). In simple terms, one position is one purchase lot (see the figure below).

Several requirements can be combined into one position. For example, requirements for the purchase of computers from different initiators can be included in one line item. In this case, we carry out one purchase, instead of several, reducing the workload of the department for organizing and conducting the purchase.

The positions of the procurement plan are formed by the employees of the organization involved in the provision of the enterprise material resources or services, further responsible for the items of the procurement plan.

Responsible for the positions of the procurement plan may be: the head of the information and computing center - the purchase of computer equipment, the specialists of the marketing department - the purchase of advertising and gift products, the specialists of the administrative and economic service - the purchase of stationery, furniture, etc. Also, the role of the person responsible for the items of the procurement plan can be performed by the person responsible for the procurement plan.

The use of a specialized system for the formation of a procurement plan simplifies the work for the person responsible for the procurement plan, as it is adapted for this task, there is no unnecessary information and allows the preparation and approval of the plan as efficiently as possible.

Gathering information about needs

Automation of the process of collecting needs and entering them into the system can be organized in one of the following ways:

1. Directly in the relevant directory;

2. Based on data from accounting systems;

3. Based on memos;

4. Based on the procurement plans of departments (in Excel tables).

Consider the options for building a planning process using the technical solution "Purchase Management" of the DIRECTUM system as an example.

1. Formation of needs by the initiators in the directory

Need initiators create directory entries Needs within the terms determined by the regulations of the enterprise, coordinate with the immediate supervisors. Those responsible for the positions form, based on the needs of the procurement plan positions, checking the correctness of the entered data, supplementing with the information necessary to form the procurement plan in accordance with legal requirements. For example, the method of procurement, e-procurement or not, the date of placement, participants can only be SMP, etc.

The needs formed by the initiators, as we discussed earlier, are grouped by the person responsible for the positions if necessary. can group by all-Russian classifier products by type of economic activity, taking into account the dates by which time it is necessary to fulfill each need.

The obvious advantages of this scheme include the distribution of the load on departments, increasing the responsibility of the initiators for planning, increasing the transparency of the process, maximum structured information (increase in tools for analysis - analytical reports, KPI), the possibility of automatic and manual grouping of needs.

2. Formation of needs based on data from accounting systems

● Needs are initially formed by initiators in accounting systems. For example, 1C or others:

● production program (with cost estimates for production);

● repair program;

● investment program;

The option is applicable when the enterprise has a high degree of automation of the enterprise's activities in terms of accounting tasks, in this case, creating a procurement plan becomes a less time-consuming process.

You can consider the option of uploading information to the directory Needs or directly to the directory Procurement plan items without using the needs directory. It depends on how the information in the accounting programs corresponds to the procurement plan format, whether there is a need to group needs.

3. Formation of needs by initiators in the format of memos

In this case, on the basis of the received paper memos, those responsible for the positions or those responsible for the procurement plan form the positions themselves.

This option occurs when:

● A limited number of users work in the system, for example, the procurement department, who coordinate and approve the procurement plan and documents for the procurement procedure itself. The initiators in the system are not working.

● The organization is not yet ready for fundamental changes in the process (there is no desire or ability to abandon memos).

When choosing this option, you should understand that:

● the workload on specialists will increase tender department/ purchasing department / responsible for positions;

● the risk of errors from human factor when entering information into the system;

● there are no convenient tools for combining needs.

4. Formation of needs based on the procurement plans of departments

The organization can use the option when the heads of departments record the needs of the department in the acquisition of goods, works, services in the format of an Excel table, reflect what, in which volume and in what terms.

This option of work is used in the same cases as in the case of the option of generating needs by the initiators in the format of memos.

Coordination of procurement plans

As noted above, it is important not only to collect information from the initiators, but to ensure the validity of the procurement plan. This is also ensured by the coordination of the plan with stakeholders and the manager.

After you have decided on the option for collecting requirements and generating positions, you need to decide on the option for reconciling planning results.

Option

Coordination

In the article, we will analyze how and in what time frame 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 innovative procurement planning, 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 purchase of goods (works, services) if their cost does not exceed 100,000 rubles, and if the annual revenue of the customer for the reporting financial year is 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 of 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 not posting or violating the terms for posting procurement information in the EIS, the placement of which is provided 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, failure to place information on the procurement in the EIS, 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 of placement of procurement plans is also fraught with fines - officials may be brought to administrative responsibility in the form of a fine from 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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In accordance with the requirements of the legislation on procurement activities, the customer is obliged to post in a timely manner information about the planned next year tenders. At the same time, it does not matter which federal law it operates under: No. 44 or No. 223. Violation of the terms for placing PZ and schedules may entail administrative liability for the organization and officials.

However, in practice there may be situations where orders are not scheduled. This situation may be, for example, in cases where:

the organization purchases in accordance with Law No. 223 from off-budget funds, grants, etc. (Article 15 of Law No. 44-FZ), but there are no such funds in the planned year and, accordingly, procurement will not be carried out;
the customer plans only orders up to 100,000 rubles, which he has the right not to place in the EIS and not to enter into the PZ;
the customer was not brought financing for the next financial year.

A similar situation also arises for customers who do not purchase innovative and high-tech products, but, in accordance with Art. 4 of Law No. 223-FZ are required to post a plan for such public procurement.

So, is it necessary in these cases to place planning documents in the Unified Information System?

Non-placement can be qualified by the inspection authorities as a violation by the customer established order planning and posting information. Responsibility for non-placement is provided for in Articles 7.29.3, 7.32.3 of the Code of Administrative Offenses. The absence of this information in the EIS does not indicate the absence of public procurement. The way out of this situation will be the placement of the so-called zero PZ. Thus, the planning procedure established by law will be observed and information about the absence of tenders will be formally communicated to an indefinite circle of people.

Placement of a zero procurement plan under 223-FZ

Consider step by step how to place a zero procurement plan for 223-FZ.

Step 1. We draw up a document in paper form. We put dashes in the columns.

Step 2. We approve the document from the head of the organization or an authorized person.

Step 3. We place in the EIS. We select the type, enter information about the planning period, the date of approval by the manager.

Step 4. If the system requires filling in information on public procurement, you can put dashes and zeros.

Step 5. We attach a graphic form of the document - a prepared document in Excel or Word format (not a scan).

Step 6. We sign with the help of EDS.

Information must be posted in the EIS no later than 10 days from the date of approval by the head. It is necessary to have time to approve and place the document before December 31 of the current year.

A sample of a zero procurement plan according to 223-FZ

How to place a zero plan for the purchase of innovative products

The PZ for innovative products is formed by customers working under Law No. 223-FZ for a period of 5 to 7 years. Information must be uploaded to the EIS by December 31 of the current year.

The procedure for preparing and placing is similar to those for placing a PP:

we prepare a document in paper form, put dashes in the appropriate columns;
approve the document in paper form with the head of the organization;
in the column "Purchase plan type" select "Procurement plan for innovative products";

enter information about the planning period, the date of approval;
if necessary, fill out a structured form in the EIS (put dashes and zeros);
we attach graphic view document;
We sign with the help of EDS and place it in the EIS.

In accordance with parts 2, 3, article 4 of the federal law of July 18, 2011 N223-FZ "On the procurement of goods, works, services certain types legal entities" (hereinafter - Law N223-FZ) Customers are required to plan their purchases and place them annually in the Unified Information System. Prior to the commissioning of the UIS, all information provided for Law N223-FZ posted on the official website Russian Federation in the information and telecommunications network "Internet" to post information about placing orders for the supply of goods, performance of work, provision of services (www.zakupki.gov.ru), in accordance with paragraph 10 of article 8 of Law No. 223-FZ (hereinafter - OOS, official site).

The procedure for the formation of a plan for the procurement of goods (works, services) and the requirements for the form of such a plan are established by the Decree of the Government of the Russian Federation dated September 17, 2012 No. 932 ( further - PP RF No. 932).

The terms for posting the procurement plan on the official website are established by Section III of the Regulations on the placement of information on procurement on the official website, approved by Decree of the Government of the Russian Federation dated September 10, 2012 No. 908 ( further - PP RF No. 908).

The procurement plan must include all procurements planned by the customer, with the exception of procurements, information about which constitutes a state secret (provided that such information is contained in the procurement notice, procurement documentation or in the draft contract), as well as procurements which adopted a special decision of the Government of the Russian Federation in accordance with Part 16 of Article 4 of Law No. 223-FZ. At the same time, the customer retains the right to independently decide whether or not to include “small purchases” in the procurement plan, the amount of which is one hundred thousand rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles , - five hundred thousand rubles or less).

The customer can form and approve the procurement plan, taking into account such information as exchange rates, stock indices and other information. When forming procurement plans, the customer can be based on the programs approved by him, such as:

Repair program (repair plan);
Manufacturing program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);
Investment program, including technical re-equipment and reconstruction, including in the area information technologies, New construction;
Other programs.

The procurement plan must be formed for one calendar year (Part 1, Article 4 of Law No. 223-FZ), but there is one exception for customers purchasing innovative or high-tech products, as well as medicines. Such customers, apart from annual plans procurement should form separate long-term procurement plans (see table 1).

Table 1.

Despite the fact that procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, the number of adjustments to procurement plans during the year is not limited.

Adjustment of the procurement plan can be carried out, as in the cases established by the RF GD No. 932:

change in the need for goods (works, services), including the terms of acquisition, the method of procurement and the term for the execution of the contract;
changes by more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to purchase in accordance with the planned volume Money provided by the procurement plan;

So in other cases:

if there is a need to purchase goods, works, services not provided for by the procurement plans, including in connection with the involvement in the course of the execution of the contract under which the Customer is a supplier (executor, contractor), other persons for the execution of the contract, other persons for the performance of the stipulated contract of obligations of the Customer;
if there is a need to change the information about the procurement specified in the procurement plans;
in other cases established by the procurement regulations and other documents of the customer.

Close attention should be paid to the last of the above grounds for making changes to the procurement plan, since in the absence of appropriate references in the procurement regulation, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting OKVED codes, OKDP planned for procurement products in terms of procurement in electronic form and another.

Important! If the purchase of products is planned to be carried out through bidding (competition or auction), amendments to the purchase plan must be made no later than the posting of the notice of purchase and purchase documentation or changes made to them on the official website.

The procedure for posting information on changes to the procurement plan on the official website is contained in pp. 18-19 RF PP No. 908

To post information about making changes to the Procurement Plan, a representative of the customer:

Places a procurement plan in the closed part of the official website (hereinafter referred to as the structured view of the procurement plan) or places an electronic view of the procurement plan (i.e. an updated version of the Procurement Plan) in the closed part of the official website.
If necessary, together with the structured view of the procurement plan, it places the procurement plan in the form of a graphic image of its original (hereinafter referred to as the graphical view of the procurement plan).
Places an electronic form of a document containing a list of changes made in accordance with paragraph 5 of the RF PP No. 908.

The type of document containing a list of changes made is compiled in any form in in electronic format(the concept of "" is given in clause 9 of the RF PP No. 908).

A possible version of the document containing a list of changes made:

In accordance with paragraph 5 of the Regulations on the placement of information on the purchase on the official website,

"On approval of the Regulations on the placement of procurement information on the official website",

the change in the information on the procurement posted on the official website is carried out in accordance with these Regulations with the placement of a document containing a list of the changes made.

CHANGES LIST

(information is indicated in which the Customer makes changes)

Procurement method No. 13 "Request for quotations" was changed to "Request for proposals";
Purchase No. 100 is excluded from the purchase plan;

(All changes are indicated: those that were made in the form of the site, and those that were made to the attached documents in electronic form. Changes should be described in such a way that it is clear what and where was replaced / added / excluded. file does not exist.It is possible to use a tabular presentation of information.)

Information compiled using the functionality of the official website must match the information posted on the official website and contained in documents in electronic form. Based on paragraph 9 of part I of the RF GD No. 908, in case of a discrepancy, information compiled using the functionality of the official website is considered a priority.

In accordance with paragraph 4 of the RF PP No. 908, changes in the procurement plan are considered to be posted on the official website properly after being posted in the public part of the official website and signing a document containing the specified information, qualified certificate the key for verifying the electronic signature (hereinafter referred to as the electronic signature) of a person authorized to post information on the official website on behalf of the customer (hereinafter referred to as the customer's representative), in the closed part of the official website, access to which is carried out using an electronic signature, after registering on the official website in the manner established by the federal executive body authorized by the Government of the Russian Federation to maintain the official website (hereinafter referred to as the closed part of the official website, the authorized body).

Consider the algorithm of work on the official website:

1. In the closed part of the official website, the customer's representative, using an electronic signature, enters Personal Area on the main page of the procurement site: http://zakupki.gov.ru/:

2. Next, on the left side of the screen, click on the link "Register of procurement plans" and the register of the organization's annual procurement plans appears in the working window, hovering over the context menu icon, select "Draft changes".

3. Filling in the tab "Draft changes": the main information from the procurement plan, entered earlier in the closed part of the official website when placing the procurement plan, is entered automatically. If necessary, the information is updated. In manual mode, empty fields are filled in: rationale for making changes (1), date of approval of the procurement plan (2). Information under an asterisk is required. After filling all necessary information press the "Next" button (3).

Important! The date of approval of the plan implies the date of approval of changes, and it is from this date that the system counts the period (within 10 calendar days) for posting information about making changes to the plan on the official website in accordance with with Section 3, Clause 14 of RF PP No. 908.

select the path to the file (link "Browse");
upload the selected file to the site using the "Attach" button;
uploaded files are included in the list of attached files;
in documents from the previous version, put the relevance;
To save the changes made to the Changes Project tab, click the Save button.

5. Changes are published in the "All information" tab in the "REGISTER OF PURCHASE PLANS" by hovering over the context menu icon (select "Publish"). At the project stage, it is also possible to edit the draft changes and delete them after signing electronic signature(i.e. publication on the official website) there will be no such possibility. After signing, it will only be possible to edit documents by creating new versions, while the previous versions will be in public access(clause 6 of the RF PP No. 908) . At Removal of information from the official site is possible only not on the basis of an order from an executive authority authorized to monitor compliance with the requirements of the Federal Law, or by a court decision (part 7 of the RF PP No. 908).

It should also be noted that from May 16, 2014, the amendments made to the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) by the Federal Law of May 5, 2014 N 122-FZ came into force (hereinafter referred to as Law N122-FZ). In accordance with them, administrative liability is provided for violations of the legislation on the procurement of goods (works, services) by certain types of legal entities.

The main type of administrative punishment applied when committing these violations is a fine. In some cases, disqualification applies.

Below are the compositions of administrative offenses in the field of procurement of goods, works, services by certain types of legal entities that may be applicable within the framework of the topic we are considering, in case of their violations.

Article Code of Administrative Offenses of the Russian Federation	Compound administrative offense	The subject of an administrative offense	Amount of the fine	The statute of limitations for bringing to administrative responsibility
	Violation of the terms provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities for posting in the EIS in the field of procurement 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, except for the cases provided for by paragraph 6 of article 7.32.3	official	from 2,000 to 5,000 rubles.
		legal	from 10,000 to 30,000 rubles.
	Non-placement in the EIS 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	official	from 30,000 to 50,000 rubles.	1 year from the date of committing an administrative offense
		legal	from 100,000 to 300,000 rubles.

Customers have the right to make changes to procurement plans as many times as required (if necessary - every day). At the same time, you do not need to wait 10 days to place a purchase, you can publish it on the same day, unless otherwise provided by the Procurement Regulations of the customer.

Thus, customers under 223-FZ can make changes to the plan in cases provided for by Government Decree 932 and local acts of the customer.

Speaker: P. Snisarenko

Today we will talk about planning in the light of Federal Law No. 223-FZ of July 18, 2011 No. 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter - Law 223-FZ).

It would be wrong to say that no one was engaged in planning before the entry into force of Law 223-FZ: planning was carried out in all organizations. Another question is that everywhere this happened in its own way, regulated by its own regulations.

And with the introduction of law 223-FZ, the issue of planning, like other issues related to procurement by all corporations, institutions and organizations that fall under the law 223-FZ, became regulated. It must be admitted that it is not strictly regulated.

As well as the entire law 223-FZ establishes only certain directions activities of the customer, defines certain boundaries of his actions, and all details related to the placement of purchases are regulated by their normative document, that is, the provision on procurement, as stated in the law 223-FZ itself.

How did the need arise for the implementation of procurement planning, which has a general regulation?

In 2011, the President of the Russian Federation Dmitry Medvedev at a meeting of the Commission for the Modernization and Technical Development of the Russian Economy in Magnitogorsk made a speech, which was subsequently modified into the list of instructions of the President of the Russian Federation No. Pr-846 dated 02.04.2011, which included two points, directly related to today's topic of our conversation.

It was instructed to ensure that state corporations and state-controlled companies take decisions to reduce the cost of purchasing goods (works, services) per unit of output by at least 10% per year for three years in real terms; take into account the results of such a reduction as key indicator evaluating the performance of such organizations and their leaders.

The next point, directly related to planning, instructs to ensure the introduction of a procedure for the preliminary publication by the largest state companies of information on planned purchases, including the cost of relevant goods (works, services), as well as on concluded contracts (contracts).

As you can see, these two issues are directly related to planning: without planning, it is impossible to initially focus on cost reduction if you do not know what the costs were in past periods and what costs are planned in the future. The preliminary publication, which the president spoke about, should be considered as a public offering of purchases that are supposed to be made by state corporations, institutions and companies that fall under the law 223-FZ.

Now directly about the law 223-FZ. Already included in it significant amount amendments. The latest version to date was approved by the Federal Law of December 28, 2013 No. 396-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”.

Goals set by law 223-FZ

What are the goals set by the law 223-FZ?

Expanding opportunities for legal and individuals in the procurement of goods, works, services for the needs of the customer. This issue is directly related to planning, because only the expansion of information capabilities, which state corporations are guided by today when making purchases, will allow attracting the maximum number of participants. There is a simple logic behind this: the more participants come, the higher the likelihood that the customer will purchase the products necessary to meet his needs with the highest quality indicators and at the lowest price, that is, with the best offer conditions.

Creation of conditions for timely and complete satisfaction of the needs of customers in goods, works and services.

Ensuring the unity of the economic space. With the introduction of the law 223-FZ, everyone began to purchase according to the same rules. It certainly does not mean the whole country, because there are state and municipal customers who purchase products in accordance with another regulatory legal act - Federal Law No. 44-FZ of April 5, 2013 "On contract system in the field of procurement of goods, works, services to ensure public and municipal needs"(hereinafter - Law 44-FZ). We are talking only about customers that fall under the law 223-FZ: state-owned companies, institutions, corporations that have more than 50% of the authorized capital of the state or municipal - let's call them corporate buyers.

Development of fair competition.

Efficient use of funds.

Stimulating the participation of legal entities and individuals in the procurement of goods, works, services for the needs of the customer. While such stimulation is not visible openly.

Prevention of corruption and other abuses and ensuring publicity and transparency of procurement. Law 223-FZ obliges all corporate customers to post all information about procurement procedures online: the customer is obliged to place all documents related to the procurement on the official website within a certain period established by law; give participants a certain time to prepare applications, answer questions that arise from participants (post a question and an explanation on it on the website without indicating the participant to whom the explanation is addressed); as well as all protocols. Each participant has the right to send a request to the customer about the results of the procurement. This complicated the work of the buyers, but everything was moving towards this.

At the same time, Law 223-FZ does not regulate relations related to the selection by the customer of an audit organization for the mandatory audit of the accounting (financial) statements of the customer in accordance with Article 5 of the Law of December 30, 2008 No. 307-FZ “On Auditing”. How this is done, we will consider later.

Now directly to the question procurement planning. It should be noted here that Law 223-FZ says that the customer is obliged to post on the official website (zakupki.gov.ru) a plan for the purchase of goods, works and services for a period of at least one year. At the same time, the Government reserved the right to establish: the procedure for the formation of a plan for the procurement of goods, works and services; the procedure and terms for posting the procurement plan on the official website; requirements for the form of the procurement plan.

In addition, the customer must also place a plan for the purchase of innovative and high-tech products, medicines for a period of five to seven years. The criteria for classifying goods, works and services as innovative and high-tech products for the purposes of developing a procurement plan for such products are established by the federal executive authorities that carry out the functions of legal regulation in the established field of activity.

I draw your attention to the transitional provision reflected in the law 223-FZ. The law comes into force on January 1, 2012, with the exception of part 3 of Article 4, which will come into force on January 1, 2015. This article is precisely about the fact that the plans for the purchase of innovative products, high-tech products, medicines until January 1, 2015 are posted by customers on the official website for a three-year period, and from 2015 - for five to seven years.

In the event that the auction is declared invalid.

A complaint may be sent to the antimonopoly authority by mail or facsimile, Email or otherwise. The antimonopoly body is obliged to consider the complaint within seven working days from the date of receipt of the complaint.

Accommodation features orders for a mandatory audit of accounting (financial) statements.

In accordance with the Federal Law of December 30, 2008 No. 307-FZ "On Auditing", the contract for a mandatory audit financial statements organization, in the authorized capital of which the share of state ownership is at least 25%, as well as for auditing financial statements state corporation, state company, state unitary enterprise or a municipal unitary enterprise is concluded with audit organization or an individual auditor, determined by holding an open tender at least once every five years in the manner prescribed by the legislation on the contract system in the field of procurement of goods, works and services to meet state and municipal needs.

The Government of the Russian Federation has the right to establish:

Features of the participation of small and medium-sized businesses in the procurement carried out by hotel customers;

The annual volume of purchases that these customers are obliged to make from such entities, the procedure for calculating the specified volume;

shape annual report on the purchase from small and medium-sized businesses and the requirements for its content.

Questions from listeners

Question: Are there limits on the amount of changes to the procurement plan?

Answer A: No, there are no such restrictions. The main thing is to make changes in a timely manner.

Question: We have posted the Procurement Regulations. Now, taking into account the changes, the Regulations have been changed and approved by its founder. Is it considered this case that we have changed the Regulation or is it considered that we are approving a new regulation?

Answer: You have already posted it, so make changes

Question: Should the Procurement Regulations specify the procedure for determining the basis for the initial (maximum) price?

Answer: I do not recommend doing this, because everyone will know how you formed the price. Prepare your own normative act, by which you determine the procedure for your purchasing department, which will determine this price. Law 223-FZ says only that the customer must indicate starting price contract, rather than explaining how it was formed.

Question: If during the year there are no purchases with the placement of a notice on the website, how to properly comply with the law regarding the placement of purchases for small businesses?

Answer: I understand that since your purchases are still going on, it means that you work according to the law 44-FZ. If so, then post information in accordance with this law.

Question: The law states that purchases worth up to 100 thousand rubles are not included in the plan, but the report still reflects all purchases?

Answer: I agree, the report reflects all purchases. But you can include in the plan, you can not include. The law does not say that such purchases should not be included in the report.

Question: All changes made to the Procurement Regulations must be formalized separate documents- for example, "to state in the next edition"?

Answer: Yes, it's better that way, and place it together with the amended Procurement Regulations. A new Regulation and changes to it are posted.

Question: Which OKVED classifier should be used?

Answer: It is necessary to apply the classifier, which is reflected in Resolution 932.

Question: Is it necessary to plan the purchase of medicines for the school medical office in the amount of 5 thousand rubles?

Answer: It is necessary to plan, another question is whether to include it in the plan. Up to 100 thousand rubles can be omitted.

Question: Is it possible to conclude a direct contract up to 400 thousand rubles for budgetary institutions?

Answer: Focus on your Position. If your Procurement Regulations indicate that the price threshold for concluding such contracts is 400 thousand rubles, then sign it.

Question: If the contract was concluded before December 31, it was included in the procurement plan for January, is it possible to remove such a purchase from the procurement plan?

Answer: Can. This is a plan change.

Question: How to identify purchases from small businesses?

Answer: The procedure for classifying entities as small and medium-sized businesses will be reflected in separate regulations.

Question: How to hold open competition by audit?

Answer: Strictly in accordance with the requirements of the law 44-FZ.

Question: How a document containing changes to the procurement plan is posted on the site.

Answer: Just as you place the plan and the modified form of the plan, so are the changes placed. Just attach the document. In what form, you saw - the law allows you to post in several ways; the main thing is that you can selectively read, find information of interest and copy this document to all users of the site.

Question: If the report for January is not posted, what threatens us?

Answer: If according to the law 223-FZ, then nothing so far.

Question: How to purchase diesel fuel under 223-FZ? The price jumps almost every day.

Answer: Indeed, suppliers of fuels and lubricants do not enter into long-term contracts. In this situation, it is necessary either to carry out the procedure more often, or, if the Regulations allow, to conduct direct purchases.

Question A: Goods are purchased for resale. Should it be included in the plan?

Answer: Yes, because you buy them anyway.