First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?". Law on contract system the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations(SONO). Let's take a closer look.
The first are registered in in due course legal entities ( business companies, partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.
SONKO or SONO (social-oriented non-profit organizations) are persons created in certain forms (for example, public organizations, funds) in order to solve social problems, development of civil society, and others, provided by law No. 7-FZ.
Privileges and how to exercise them
The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. There are two ways to implement this privilege:
- (, competitions with limited participation, two-stage competitions, electronic auctions, and proposals), which can only be SMP and SONO;
- the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.
The customer fixes the volume of involvement of subcontractors from among the SMP and SONO in the form of a fixed percentage (but not less than 5%). At the same time, the executor of the state contract must pay off such subcontractors no later than 15 working days instead of 30 calendar days. Such innovations were introduced into the contract system by Government Decree No. 1226 of October 7, 2017, which amended Government Decree No. 1466 of December 23, 2016.
At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.
SHS - what is it?
The total annual purchase volume (GPO) is total number Money allocated for the purchase of goods, works and services. SHOZ is determined on fiscal year. These funds are intended to pay for contracts in this financial period. When asked whether it is necessary to include the cost of long-term contracts that were drawn up last year and are being executed in the current one, we answer: in this case, only the amount that is payable in the current period should be included in the SSS.
So, what is the cumulative annual volume of purchases for:
- to decide on the establishment contract service;
- to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP according to 44 Federal Laws, the percentage is 15%, like from SONO);
- to calculate the volume of goods and services purchased from;
- in order to determine the quantity of goods and services that can be purchased through a request for quotations.
Purchases from SMP under 223-FZ
Like the Law on the contract system, 223-FZ provides for bidding with the participation of small businesses. Features of such procurement procedures established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:
- a tender, the participants of which can be any persons, including the subjects we are considering;
- procurement, in which only small businesses participate;
- a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.
It should be noted that the annual volume of purchases from them is set at 18%.
In 2018, customers still have to take certain percentage purchases to small businesses under 44-FZ. This category includes organizations with a small number of employees and profits below the established limit. About who are the subjects of small business under 44-FZ, it is said in the Federal Law of July 24, 2007 No. 209-FZ.
What is a small business entity according to 44-FZ
Consider who is the subject of small business under 44-FZ. The criteria for inclusion in the NSR in 2018 have not changed. A micro-enterprise is an organization with up to 15 employees and an annual income of no more than 120 million rubles.
Small firms include companies that officially employ up to 100 people, and the annual income is up to 800 million rubles. Enterprises with the number of employees from 101 to 250 people and a turnover of no more than 2 billion rubles are considered medium. In all three cases, the share of participation of the state should not exceed 25%, foreign legal entities - no more than 49%, the share of legal entities that are not small and medium-sized businesses - no more than 49%.
Application for participation in the purchase from small businesses 44-FZ
According to 44-FZ, small businesses receive certain preferences when purchasing. However, they can use them and participate in the procedures for the SMP only under one condition: a declaration must be attached to the application. Specify in it:
- Company name;
- the category to which it belongs - small or medium business;
- legal address;
- OGRN.
Then enter the figures in the table. In particular, indicate the total share of the state's participation in the authorized capital of the company, the number of employees, and income for the past year.
Procurement documentation from SMP under 44-FZ and contract
We examined who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused in terms. For example, to require that the participant belong either to a small business or to a socially oriented NPO, and companies that fall under both categories and report this in the declaration are not allowed to bid. This is a violation confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service for Moscow in case No. 2-57-1428 / 77-18 dated February 6, 2018.
Benefits when purchasing from small businesses 44-FZ
Subjects of small business under 44-FZ receive certain preferences when purchasing. For example, if a sanction is imposed for violation of the terms of the contract, the fine can generally reach 10% of the contract price if it is less than 3 million rubles, and 5% if the cost is in the range of 3-50 million. For small enterprises with contract price up to 3 million, the amount of the fine will be 3% of the contract value, if it is within 3-10 million - 2%, 10-20 million - 1%.
Also, lower rates for work on trading floors. Keep in mind that since 2018 it has become paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for SMP the upper bar is 2 thousand rubles.
How to distinguish, identify and combine benefits for SMEs, AIS, OI and imports
From the article you will learn:
✔ Which set the benefits for SMP or SONO participants;
✔ Three main mistakes of mixed buying on a live example;
✔ In what cases are the advantages for the goods of the MIS and OI established;
✔ When benefits cannot be combined in one purchase:
From the article
The volume of mandatory purchases from small businesses 44-FZ
We have given the definition of small businesses under 44-FZ and considered the criteria for their inclusion in this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this standard, customers use two ways:
- conduct purchases only among small businesses;
- establish in the procurement documentation the requirement to involve subcontractors from among the SMEs.
You can carry out any procedure:
- competitions - paper electronic, open and closed, with limited participation, two-stage;
- electronic auctions;
- requests for quotations and offers in any form.
NMTsK at auctions only among the NSR and SONCO should not exceed 20 million rubles. If 15% of purchases among the SMP and SONKO are not reached, the contract manager will be fined 50,000 rubles.
Consider the calculation of the volume of mandatory purchases from small businesses 44-FZ. The annual volume is understood as the amount of money approved for the financial year to meet the needs of government customers. Earlier, the Ministry of Finance clarified that it takes into account contracts concluded in previous years, but the payment for which takes place this year, as well as those concluded and paid in the current year.
When calculating the average annual volume of purchases, the following are not taken into account:
- to ensure the defense capability of the Russian Federation;
- for granting loans;
- at sole supplier;
- in the field of the use of atomic energy;
- closed procedures.
At the end of the year, the customer must publish in the EIS a report on purchases from small enterprises and socially oriented non-profit organizations.
You will find more answers to questions about procurement in the new issue of the State Order in Questions and Answers magazine.
Hello dear colleague! Recently, my support team has received 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), but the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not 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 number of 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:, competitions with limited participation, two-stage competitions,, , 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, executors) in the notices of procurement, a restriction is established in relation to 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.
- In the joint letter of the Ministry of Economic Development No. 7158-EE/D28i and the 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" it is said following:
Article 30 of the Law on the Contract System establishes that a declaration is a document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals to receive benefits in accordance with Article 30 of the Law on the Contract System. 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.
Sample declarations of conformity of the participant with the requirements established by Article 4 federal law dated July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in Russian Federation» You can download on the site 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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Under number 44, the Federal Law defines the obligation of state and municipal institutions to receive a certain part of goods, works and services from small businesses. The participation share of this category must be at least 15% of the total annual volume of purchases. At the same time, the legislation determines the priority of domestic manufacturers and suppliers.
Small business entities are legal entities whose status is determined by a small amount of qualitative indicators - up to 100 employees and up to 800 million rubles in revenue per year. It is understood that these organizations are commercial and operate for profit.
The acquisition of goods, works or services from the SMP is regulated. It regulates not only the procedure for the acquisition of goods and services, but also determines the parties that may be involved in this matter.
The provisions of Article 30 apply to socially oriented non-profit organizations. It is prescribed that SONKO according to Federal Law 44 must be established by the state, subjects of the Russian Federation or municipalities.
SMP Procurement Rules
Legislation determines that small businesses can take part in all types of purchases which are held by state or municipal institutions to meet their needs. Main conditions for participation— compliance with the requirements of the customer and the ability to fulfill the requirements of the contract.
According to Federal Law 44, SONKO can only purchase among SMEs. In this situation, competition with the middle and big business. Any applications from such organizations are rejected by the customer.
Volume
The share of purchases from small businesses under 44 Federal Laws must be at least 15% of the total annual provision. According to the results of the past calendar year, the customer, by April 1, compiles and places in a single information system report. It specifies the following aspects:
- contracts with small businesses;
- purchases from socially oriented non-profit organizations;
- information about the failed determination of suppliers.
The percentage for SMP under 44 FZ should be clearly reflected in the reporting. All purchases from small businesses should be noted in the report, as well as their total volume.
With regard to the volume of money circulation, it is prescribed that individual contract price with a small business cannot exceed 20 million rubles.
Ways
The percentage of purchases from small businesses under 44 Federal Laws is determined not only by the number of SMEs involved and the amount of funds spent. An important aspect is the observance of the procedure and the calculation of purchases from small businesses. Federal Law 44 highlights the following ways to conclude contracts for deliveries through the NSR:
- competition open to all suppliers;
- limited conditions for the competition;
- mixed competition in two stages;
- electronic trading;
- request for quotations;
- request for available proposals.
Failure to comply with the relevant procedure for informing and carrying out the chosen method is interpreted as a violation of the law.
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The legislation does not define the list of purchases from SMP according to 44 FZ. State or municipal institution has the right to acquire any goods, works or services in small businesses.
It is also possible to do not make certain purchases at the SMP. That is, the institution itself determines the priorities in the supply. The main condition is the observance of the procedure and the total volume.
Benefits for NSR under 44 FZ
Benefits for NSR under Federal Law 44 include the following benefits:
- the security amount is up to 2% of the initial maximum contract value;
- the customer is given 15 days from the date of signing the acceptance document to pay for the purchase;
- if the winner of the tender, electronic auction or request for proposals is a small business entity, the customer has the right not to require a contract. (Find out which one).
Administrative responsibility
Administrative responsibility for non-compliance with the norms of the legislation on placing an order with SMP defined:
- violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, relies a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
- in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
- violation of the deadline for posting information when requesting quotations or proposals from small businesses no more than a day - 3 and 10 thousand rubles. for individuals and legal entities;
- similar violation with delay more than a day - 15 and 50 thousand.;
- violation of the requirements and procedure for posting information on purchases from small businesses entails a fine of 15 and 50 thousand.
Penalties are also due for other administrative violations - unlawful refusal, non-compliance with the requirements for keeping records and reporting. Separately, it should be noted penalty for non-compliance with the established volume of purchases for small businesses - it is 50 thousand rubles.
Small businesses, socially oriented non-profit organizations in the amount of at least fifteen percent of the total annual volume of purchases, calculated taking into account part 1.1 of this article, by:
1) holding open competitions, competitions with limited participation, two-stage competitions, electronic auctions, requests for quotations, requests for proposals, in which the procurement participants are only small businesses, socially oriented non-profit organizations. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles;
1.1. When determining the volume of purchases provided for by Part 1 of this Article, the calculation of the total annual volume of purchases does not include purchases of:
1) to ensure the defense of the country and the security of the state;
2) services for the provision of loans;
3) from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of this Federal Law, with the exception of purchases made in accordance with paragraphs 25 - 25.3 of Part 1 of Article 93 of paragraph 1 of Part 1 of this Article;
(see text in previous edition)
4) work in the field of the use of atomic energy;
5) in the implementation of which closed methods for determining suppliers (contractors, performers) are used.
1.2. Customers have the right to make purchases specified in paragraphs 1 and 5 of part 1.1 of this article from small businesses, socially oriented non-profit organizations in accordance with part 1 of this article. 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.
2. This article applies to socially oriented non-profit organizations (with the exception of socially oriented non-profit organizations whose founders are the Russian Federation, constituent entities of the Russian Federation or municipalities) performing in accordance with founding documents types of activities provided for by paragraph 1 of Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations".
3. When determining suppliers (contractors, performers) by the methods specified in clause 1 of part 1 of this article, notices of procurement establish a restriction on procurement participants, which can only be small businesses, socially oriented non-profit organizations. In this case, procurement participants are required to declare in applications for participation in procurement their affiliation with small businesses or socially oriented non-profit organizations.
(see text in previous edition)
4. In the event that the determination of suppliers (contractors, executors) is declared invalid due to the fact that at the end of the deadline for submitting applications, final proposals, not a single application, not a single final proposal or all applications were submitted, the final proposals were rejected in the manner established by this Federal Law, the customer has the right to cancel the restriction specified in part 3 of this article and make purchases on a general basis. At the same time, such purchases made on a general basis are not 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. Purchases made on the basis of paragraphs 25 - 25.3 of Part 1 of Article 93 of this Federal Law based on the results of the failed determination of suppliers (contractors, performers) carried out in accordance with the requirements of paragraph 1 of Part 1 of this Article are accounted for in the volume of purchases that customers made from the subjects small business, socially oriented non-profit organizations. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from small businesses, socially oriented non-profit organizations provided for in Part 2 of this Article, and by April 1 of the year following the reporting year, place such a report in a single information system. In such a report, the customer includes information on contracts concluded with small businesses, socially oriented non-profit organizations.
(see text in previous edition)
5. When determining the supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for the supplier (contractor, performer), who is not a small business entity or a socially oriented non-profit organization, to involve subcontractors, co-executors from among small business entities in the performance of the contract. entrepreneurship, socially oriented non-profit organizations.
(see text in previous edition)
6. The condition for the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of contracts in the case provided for