• On 09/27/2018
• 0 Comments
• 223-FZ, 44-FZ, EIS, Request for quotations, Request for proposals, Competition, SMP, Special account, Articles, Electronic auction, ETP

We continue to talk about amendments to the procurement legislation that will come into force or have already come into force in 2018. Today we will talk about changes for customers under 223-FZ in terms of procurement from small and medium-sized businesses (SMEs). They were introduced by law No. 505-FZ of December 31, 2017, as well as by government decrees.

Electronic form

Procurement that is organized exclusively for SMEs will have to be strictly in electronic form . This provision will be enshrined in Part 2 of Article 3 of Law 223-FZ and will come into force on July 1, 2018.

From the same date, a new article 3.4, which will regulate the conduct of electronic procedures for SMEs. In particular, a limited list of ways to determine a supplier is provided, namely:

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 register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

• competition in electronic form;
• auction in electronic form;
• request for quotations in electronic form;
• request for proposals in electronic form.

Customers under 223-FZ will not be able to choose a different method for determining a supplier for purchases from SMEs.

Bidding for small and medium-sized businesses should be held on ETPs that meet the requirements of Law 44-FZ and additional requirements provided by the government. The list on which it will be possible to carry out procedures for SMEs under 223-FZ will be additionally approved.

ETP where trading under 44-FZ is held

Besides, in new article 3.4 will be spelled out features of each procedure, including:

• procedure and timing;
• price restrictions;
• application rules;
• the procedure for securing the application (for example, if it is secured by money, then the funds must be deposited into a special bank account from the list determined by the Government in accordance with Law 44-FZ).

In case of violations committed by the customer under 223-FZ, including failure to procure from SMEs, he is entitled to punishment in the form of an obligation to apply the provisions of Law 44-FZ. The amendments clarified that in this case the customer must apply the provisions of the law 44-FZ, which are expressly specified in 223-FZ (part 8.1 of article 3, which will appear in 223-FZ from July 1, 2018).

New volume of purchases

The total volume of purchases that customers under 223-FZ must make from SMEs remains at the same level. This is 18% of the annual volume. But the volume of direct purchases from SMEs, that is, those that are carried out exclusively among such entities, has changed. Until January 1 of this year, in accordance with Government Decree No. 1352, it was 10%.

From the beginning of 2018, a new Decree No. 819 of August 19, 2016 came into force. So, according to him, purchases exclusively for SMEs increased from 10% to 15%.

Who should procure from SMEs

In accordance with the Decree of November 15, 2017 No. 1383, from January 1, which must conclude contracts with small and medium-sized businesses in the amount of 18% of the total annual purchases. now this three types of organizations:

• customers whose annual revenue is more than 500 million rubles;
• customers, including credit institutions, whose assets exceed 500 million rubles, provided that they themselves do not belong to the category of SMEs;
• autonomous institutions that in the previous year made purchases (meaning concluded contracts) in the amount of more than 250 million rubles.

Changing the SME Procurement Report

Since 2018, the report on procurement from small and medium-sized businesses has received new form. What specifically has changed?

1. Information about contracts for each category SMEs now listed separately.
2. Contracts concluded for a period of more than 5 years constitute a separate category.
3. Separately, the number of contracts that were paid in the current year, but will be executed after its end, is indicated.

We remind you that a report on purchases from SMEs made in 2017 must be published in the EIS until February 1, 2018.

Briefly about other changes in 223-FZ, which will come into force in 2018,.

When carrying out procurement activities within the framework of Law No. 223-FZ, customers should not forget about the responsibilities that the procurement law itself directly imposes on it. In our article we will talk about the reporting that the customer is obliged to draw up and place in the EIS.

When should the customer publish the annual report?

Customers, in addition to a monthly report on contracts concluded with the SMP, draw up an annual report on the purchase of goods, works, services from small and medium-sized businesses. Those h Customers who do not apply P stop no. 1352, should not draw up and publish an annual report on purchases from the NSR (Letter of the Ministry of Economic Development dated 03.06.2015 No. D28i-1507).

The annual report on the purchase of goods, works, services from the NSR is electronic document, which is signed by the electronic signature of an authorized official of the customer. The date of the annual report is the date of its placement in the EIS. R it is necessary to place the specified report in the EISno later than February 1 of the year following the previous calendar year. That is, the annual report for 2017 - no later than February 1, 2018.

From January 1, 2018, the annual report on the purchase from the SMP must be drawn up in the form approved by Decree of the Government of the Russian Federation of December 11, 2014 No. 1352.

The report must include, among other things:

• the share of purchases from the SMP in the total annual value of contracts (clause “m”, clause 1 of the Requirements for the content of the annual report, approved by Decree of the Government of the Russian Federation of December 11, 2014 N 1352; hereinafter referred to as the Requirements);
• the share of purchases from SMEs based on the results of bidding, other methods of procurement, in which only SMEs are participants, in the total annual value of contracts (clause "n", clause 1 of the Requirements).

Responsibility for violations under Law No. 223-FZ

Administrative liability for violation of the terms for placing a monthly report in the UIS entails the imposition of an administrative fine in the amount of (part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation):

• for officials - from 2,000 rubles to 5,000 rubles,
• on legal entities- from 10,000 rubles to 30,000 rubles.

For not posting a monthly report in the EIS, a completely different amount of the fine is provided (part 5 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation):

• for officials - from 30,000 rubles to 50,000 rubles,
• for legal entities - from 100,000 rubles to 300,000 rubles.

To display the form, you must enable JavaScript in your browser and refresh the page.

General provisions for procurement from SMP

Part 8 of Article 4 of Law 223-FZ establishes the right of the Government of the Russian Federation to establish the specifics of the participation of small and medium-sized businesses (hereinafter referred to as SMEs) in the procurement carried out by individual customers, the annual volume of purchases that these customers are required to make from such entities, the procedure for calculating the specified volume, as well as the form of the annual report on the purchase from SMP and the requirements for the content of this report.

This right is exercised by Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 “On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services of certain types of legal entities” (hereinafter - RF PP 1352). RF PP 1352 applies only to those customers whose revenue for the previous year exceeds 1 billion rubles. Other customers are required to comply with the provisions of the Decree:

• from July 1, 2015- the largest customers, whose revenue for the last year amounted to more than 10 billion rubles;
• from January 1, 2016- those whose revenue for the past year amounted to from 1 billion rubles to 10 billion rubles. Even now, such customers need to actively prepare in order to fulfill the procurement norms from the NSR;
• those customers whose revenue amounted to less than 1 billion rubles, are not required to purchase anything from SMP, but only send a monthly report on purchases from SMP. If there are no such purchases, an empty report must still be provided.

Volume of purchases from SMP

The annual volume of purchases from SMP is set at 18% from the total annual value of customer contracts, minus certain exceptions (clause 7 of RF PP 1352).

How to calculate the volume of purchases from SMP

It is necessary to subtract from all the contracts concluded in accordance with 223-FZ for the year the contracts that are listed in paragraph 7 of the RF PP 1352 (see below). 18% from the received number is the SMP procurement standard.

From the same total volume of contracts at least 10% contracts should be concluded based on the results of procurement only among SMEs.

At the same time, contracts concluded as a result of procurement only among SMEs (10%) are included in 18% of contracts that must be concluded with SMP.

For customers falling under the RF PP 1352 from July 1, this standard in the current year is 9% agreements with SMP in general and 5% contracts concluded as a result of procurement only among SMEs. This standard is calculated for purchases that will be carried out from July 1 to December 31, 2015, on the basis of contracts concluded by the customer for the same period.

The biggest problem for customers will arise in connection with the implementation of the 10% procurement standard only among SMEs, since the calculation is not based on the number of announced procedures, but on the amount of contracts concluded. If the announced purchase among SMEs did not take place, it is not included in this report.

What contracts are not taken into account when calculating the standard

RF PP 1352 establishes a list of contracts that are not taken into account when calculating the total annual value of contracts concluded by the customer as a result of the procurement. You should carefully study this list, as this can significantly reduce the annual volume of contracts, and therefore the volume of mandatory purchases from the SMP.

So, the calculation does not take into account:

1. purchases to ensure the defense of the country and the security of the state;
2. procurement in the field of atomic energy use;
3. purchases from monopolists that fall within the scope of activity of subjects of natural monopolies in accordance with the Federal Law “On natural monopolies»;
4. purchases made outside the territory Russian Federation and the subject of which is the supply of goods, performance (rendering) of works (services) outside the territory of the Russian Federation;
5. procurement of financial services, including banking services, insurance services, market services valuable papers, services under a leasing agreement, as well as services provided financial institution and related to the attraction and (or) placement of funds of legal entities and individuals;
6. procurement, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;
7. purchases in respect of which a decision was made by the Government of the Russian Federation in accordance with part 16 of article 4 federal law(individual purchases or lists);
8. procurement of services for water supply, water disposal, heat supply and gas supply (with the exception of services for the sale of liquefied gas), as well as for connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation;
9. procurement of works (services), the performance (rendering) of which can be carried out only by the body executive power in accordance with his powers or under his jurisdiction government agency and state unitary enterprise whose respective powers are established by federal laws, regulatory legal acts the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, as well as legislative acts of the relevant subject of the Russian Federation;
10. procurement of services for the implementation of author's control over the development of design documentation for a capital construction object, the author's supervision of the construction, reconstruction and overhaul of a capital construction object by the authors, as well as for the technical and author's supervision over the performance of works to preserve a cultural heritage object (monuments of history and cultures) of the peoples of the Russian Federation by the authors of the projects;
11. purchases, the subject of which is the lease and (or) acquisition of ownership of real estate;
12. purchases of energy carriers;
13. procurement of services for the production, storage, shipment (transshipment) and processing of energy carriers;
14. purchases of rolling stock and materials for the upper structure of the railway track;
15. procurement of the results of intellectual activity from a supplier (performer, contractor) who has the exclusive right to the result of intellectual activity or to a means of individualization, certified by a title document;
16. procurement of services in the field of air transportation and aviation works;
17. purchase of large-diameter pipes used in the construction of main oil pipelines and oil product pipelines;
18. procurement of goods that are a source of radioactive and chemical hazards and are used for the exploration, production, transportation and processing of crude oil and natural gas;
19. purchases of goods originating from a foreign state and (or) works (services) performed (rendered) by foreign persons for carrying out scheduled repairs, Maintenance and (or) modernization imported equipment within the framework of warranty or license obligations;
20. purchases of goods originating from a foreign state and (or) works (services) performed (rendered) by foreign persons for the purpose of implementing offshore projects (provided that it is impossible to purchase such goods, works, services from small and medium-sized businesses).

SMP Procurement Options

Procurement from SMP can be carried out in any way and in any form. In order to fulfill the standard, RF PP 1352 provides for 3 mechanisms.

Firstly, 18% can include contracts concluded with SMEs, which won the procurement conducted among all suppliers (for example, a regular purchase was announced, but SMEs won it);

Secondly, purchases, the participants of which can only be SMEs. These are competitive purchases for which a list of goods, works, services is approved (see below). Contracts based on the results of these purchases fall into the standard 10% of purchases only from SMP;

Third, on account of the fulfillment of the standard, there are contracts concluded by the participants (executors, contractors) with co-executors from among the SMP. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that, in order to fulfill the contract, he must attract subcontractors from among the SMP. Such contracts also fall into the total number of contracts concluded with SMEs ( 18% ).

Since it is easier for many large companies to pay a fine than to fulfill the purchase requirement from the SMP, a rather strict measure has been introduced in 223-FZ: if the customer fails to comply with the SMP procurement standard (either posts false information about the annual volume of purchases from the SMP or does not post information at all), then his procurement provision will be recognized as unplaced and from February 1 to the end of the year, he will have to carry out purchases in accordance with 44-FZ(since 01/01/2016: part 8.1, article 3 of Law 223-FZ).

Who is SMP

In accordance with 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", SMEs include those entered in the Unified State Register of Legal Entities consumer cooperatives And commercial organizations(with the exception of SUEs and MUPs), as well as individuals entered into the USRIP and carrying out entrepreneurial activity without formation of a legal entity, peasant (farm) enterprises corresponding to the following conditions:

for legal entities- the total share of participation of the Russian Federation, subjects of the Russian Federation, MO, public and religious organizations(associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entities should not exceed 25% , and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not SMEs, should not exceed 49% percent each.
(For exceptions, see Article 4 of Law 209-FZ).

for all:

• the average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

1. from 101 to 250 people inclusive for medium enterprises;
2. up to 100 people inclusive for small businesses; among small enterprises, micro-enterprises stand out - up to 15 people.

Decree of the Government of the Russian Federation N 101 of 09.02.13 "On the marginal values ​​of revenue from the sale of goods (works, services) for each category of small and medium-sized businesses" (PP RF 101)

Establish limit values ​​for proceeds from the sale of goods (works, services) for the previous calendar year, excluding value added tax, for the following categories of small and medium-sized businesses:

microenterprises - 60 million rubles;

small enterprises - 400 million rubles;

medium-sized enterprises - 1000 million rubles.

Changes are expected. In order to mitigate negative impact crisis phenomena on the economy, it is proposed to increase the marginal values ​​of the proceeds of small and medium-sized businesses from the sale of goods (works, services) to the following amounts:

micro-enterprises - 120 million rubles;

small enterprises - 800 million rubles;

medium-sized enterprises - 2 billion rubles.

The draft resolution provides that its effect extends to legal relations that arose from January 1, 2015 1 .

1 These changes were made by Decree of the Government of the Russian Federation dated July 13, 2015 No. 702 “On the marginal values ​​of revenue from the sale of goods (works, services) for each category of small and medium-sized businesses.

EMS Status Confirmation

There is no unified register of SMPs. There are regional registers, but they contain information only about those entities that receive any kind of support from the state. However, there is an instruction from the President of the Russian Federation to create a single register by October 1, 2015.

The Decree involves the declaration by procurement participants of their attribution to the NSR. In fact, the customer must simply “trust” the procurement participant who declared himself an SMP. The form of the declaration of belonging to the NSR is included in the procurement regulations.

The declaration form should be approved by customers in the procurement regulations. As confirmation of classifying a participant as an SMP, customers are not entitled to demand anything other than such a declaration.

When purchases are made only among the SMP, their participants are required to include in the application a declaration of their belonging to the SMP. If the purchase is carried out for any suppliers, the customer has the right to establish a requirement to include a declaration in the application in order to include information about such purchases in the report if this participant becomes its winner.

Partnership Program

Decree 1352 provides for the right of the customer to approve the partnership program. This is not an obligation, but the right of the customer, but already now many large companies approved such programs (for example, Rosseti, Russian Railways). The Partnership Program is a document that describes a set of measures to support procurement participants from SMEs. Based on the partnership program, the customer's own register of SMPs is formed. The number of program participants is not limited. However, the customer is not entitled to conduct purchases only among the participants of such a register.

PP 1352 contains 2 requirements for program participants. In accordance with them, SMPs can become participants:

1. performed two or more contracts with this customer without fines and penalties;
2. passed the supplier compliance process.

Requirements for participants and the procedure for determining compliance with them are established in the partnership program itself.

Why is it for suppliers

For the customer, such a program makes it possible to attract a larger number of participants from among the SMEs to purchases and thereby fulfill the standard. The customer himself decides what to include in the partnership program, what support measures to provide.

RF PP 1352 gives a hint only in terms of advance payment. In particular, it is said that the customer can provide an advance payment of 30% for participants in the partnership program participating in purchases only among SMEs. For example, you can announce a purchase for all participants (or only for SMEs), and in the documentation, when determining the payment procedure, indicate that if the participant of the partnership program becomes the winner of the purchase, the customer will pay him an advance in the amount of 30% (or more).

It is not necessary to publish the program and requirements for suppliers in the EIS. They are published on the customer's website. You can also use the letter of the Ministry of Economic Development of Russia No. 23941_EE dated November 1, 2013 / D23i “On methodological recommendations for the implementation of partnership programs between customers and small and medium-sized businesses”, prepared as part of the roadmap for the development of the NSR. It contains recommended requirements for participants in partnership programs:

• registration in in due course Legal entity or individual entrepreneur, non-liquidation of the SME and the absence of a decision of the arbitration court on declaring the SME bankrupt and on the opening of bankruptcy proceedings;
• non-suspension of the activities of the NSR in the manner prescribed by the Code of Administrative Offenses, as of the date of conclusion of the accession agreement;
• SMEs have no debts for mandatory payments, the amount of which exceeds 25%;
• the head, members of the collegial executive body or the chief accountant of the SME have no criminal record for crimes in the field of economics, as well as the non-application of punishment in relation to the specified FL in the form of deprivation of the right to hold certain positions or engage in certain activities that are related to the activities of this SME, and administrative punishment in type of disqualification;
• lack of information about the NSR in the RNP;
• SMP has experience in executing contracts under 223-FZ or 44-FZ, or experience in the production and supply of goods, performance of work, provision of services included in the register of innovative goods, works and services, or SMP has the status of a participant in the Skolkovo project.

Also, the customer has the right to establish other reasonable requirements for program participants. It is possible, for example, to establish a requirement for the absence of obligations not fulfilled on time and properly and overdue debts to the customer. But in this case, it will be necessary to have documentary evidence of non-fulfillment or improper fulfillment of obligations.

All requirements must be objective and justified and must not lead to an unreasonable limitation on the number of participants in the partnership program.

Structure of the partnership program

The document itself is in free form.

It is advisable to reflect in the structure of the partnership program:

Goals and objectives of the program

Requirements for SMP to participate in the program

Rights and obligations of the parties

The procedure for joining and terminating participation: it makes sense to establish some initial period of participation (for example, 1 year or 3 years), grounds for terminating participation in the program and exclusion of the participant from the register SMP false information)

The procedure for considering disagreements

Accession application form

Experience certificate form

Draft accession agreement

SMP register

The register of SMEs - program participants is maintained by the customer on his website (clause 15 of PP 1352). The procedure for including a supplier in the SMP register is also determined by the customer. The number of participants in the partnership program should not be limited.

The customer can approve the standard form of the adhesion agreement, the application form and the list of documents confirming the supplier's compliance with the requirements.

How to encourage suppliers to join the partnership program

To enter, the supplier must confirm compliance with the qualification requirements (required to be defined) and provide confirmation conscientious performance at least two contracts with the customer.

Participation in the program should be voluntary and free of charge.

The partnership program should provide for real measures to support participants in the SME registry, otherwise suppliers will not be motivated to join the program. The use of financial instruments to support SMEs (lack of application security, a simplified procedure for obtaining it, etc.) can bring a significant effect.

In general, there is not much excitement among suppliers about participation in partnership programs; they most often do not see the point in this, since customers fail to provide for really serious preferences.

Exclusion from the register of SMP

It is advisable for the customer to determine the procedure and cases for exclusion of a supplier from the SMP register:

Firstly, establish the validity period of the status of a partner program participant (for example, 1 year) and indicate that if the participant does not pass the annual check for compliance with the requirements, then he is automatically excluded from the SMP register.

Secondly, to provide for the obligation of the customer to exclude the supplier from the SMP register if false information is found in the application for inclusion in the SMP register or if the supplier ceases to belong to the SMP in accordance with the legislation of the Russian Federation.

Purchases only among SMEs

These are the purchases that lead to the fulfillment of the 10% standard - purchases only among SMEs.

List of goods, works, services for purchase from SMP

The customer is obliged to approve the list of goods, works and services, the purchase of which he will carry out only from the NSR. The list is formed by the customer independently and published by him in the EIS and on the customer's website. Compiled according to OKDP codes, as well as in planning.

If the code is included in the list, then when purchasing products corresponding to it:

• if NMC contract< 50 млн руб., заказчик обязан провести закупку у СМП

  For example if the list includes code 3699110 "Stationery" and you need to make a purchase in the amount of more than 50 million rubles, then the customer must carry it out only among the SMP

• if 50 million rubles.< НМЦ договора < 200 млн руб., заказчик вправе провести закупку у СМП, но может провести на общих основаниях. Если закупка товаров из перечня у СМП не состоялась, договор не заключен, то заказчик вправе провести закупку в соответствии со своим положением о закупке (например, у единственного поставщика).

You can make exceptions from the list. If the customer has included in the list an OKDP code that combines several items, but is not ready to purchase all of them from SMP, then he can make a footnote in the list indicating specific items that are excluded from the list.

RF PP 1352 does not prohibit making changes to such a list. The procedure for changing the list is best prescribed in the procurement regulation. In general, it is recommended that all customers covered by the Decree revise their procurement regulations, highlight the features of procurement from SMP: at least approve the form of a declaration of belonging to SMP and reflect the nuances of procurement from SMP.

Application security

Clause 23 of the RF PP 1352 states that the security applications carried out supplier's choice:

• or in cash
• or using bank guarantee
• or otherwise

In this situation, it is the supplier who chooses the method of provision. The site has already implemented a mechanism that allows the supplier to choose the method of provision on their own.

Under otherwise refers to situations where the supplier prefers to secure the bid, for example, by providing an independent guarantee, a surety agreement, etc.

When purchasing according to the list of purchases from SMP, the amount of security should not exceed 2% of the NMC.

For participants in the partnership program, the obligation to submit application security can be excluded.

Application security (cash) is returned:

• Within 7 working days from the date of signing the final protocol to all participants, except for the winner;
• Within 7 working days from the date of conclusion of the contract (if the contract is not concluded, from the day the decision was made that the contract was not concluded) - to the participant whose application was assigned the first number.

There is a complication here: RF PP 1352 requires the funds to be unblocked immediately, and the provisions of most customers stipulate that the funds must also be blocked until the day the contract is signed from the participant who took second place in case the winner evades concluding the contract. You should follow the procedure established by the Decree.

Enforcement of the contract

Here the situation is the same as with the provision of the application. The supplier himself chooses the method of securing the contract (clause 26 of the RF PP 1352):

• or in cash
• or using bank guarantee
• or otherwise provided by the procurement documentation

The amount of security is set at the amount of the advance payment or no more than 5% of the NMC, if no advance payment is provided. Participants of the partnership program can also be exempted from the obligation to deposit contract security.

Term of the conclusion of the contract

Based on the results of such purchases, the term for concluding the contract should not exceed 20 working days from the date the customer decides to conclude the contract.

There are exceptions when, in accordance with the legislation of the Russian Federation, to conclude a contract, its approval by the customer's management body is necessary, as well as cases when the actions (inaction) of the customer during the procurement are appealed to the Federal Antimonopoly Service or in court.

In such cases, the contract must be concluded within 20 working days from the date of entry into force of the decision of the antimonopoly authority or the judicial act providing for the conclusion of the contract.

There is no minimum term for concluding a contract.

Payment under the contract

The maximum payment term under the contract (a separate stage of the contract), concluded as a result of the procurement only among SMEs, should be no more than 30 calendar days from the date of fulfillment of obligations under the contract / a separate stage of the contract. The stages of the contract are defined in the contract itself: they must be clearly marked.

Involvement of SMEs as co-executors (subcontractors)

Another tool for fulfilling the standard for procurement from SMEs (18%) is the involvement of co-executors by contractors. Customers have the right to establish in the notice of procurement, procurement documentation and the draft contract a requirement for procurement participants to involve subcontractors (co-executors) from among the SMPs in the execution of the contract.

Participants of such a procurement submit as part of the application for participation:

1. a plan for attracting subcontractors (co-executors) from among the SMP, in which specific co-executors (names) are indicated;
2. declaration of belonging to the SMP for each subcontractor (co-executor).

The draft contract with such a procurement participant must include required condition on the responsibility of the participant for non-fulfillment of the condition on the involvement of subcontractors (co-executors) from among the SMP. By agreement with the customer, the procurement participant may replace the subcontractor while maintaining the cost of the contract between the customer and the supplier.

Reporting

Monthly reporting

In accordance with part 19 of article 4 of the Law on Procurement, all customers according to 223-FZ, no later than the 10th day of the month following the reporting one, are placed in a single information system information on the number and total cost of contracts concluded by the customer as a result of the purchase from small and medium-sized businesses. Those customers who are not subject to the Decree also publish such a report (including an empty one if there were no such purchases).

Annual reporting

Along with monthly reporting, customers falling under RF PP 1352, no later than February 1 of the year following the past calendar year, publish in the EIS information on the annual volume of purchases that customers are required to make from small and medium-sized businesses.

pp. b p. 34 RF PP 1352:... an annual report on the purchase of goods, works, services from small and medium-sized businesses in accordance with the requirements for the content of the annual report ... and place the said report in accordance with Part 21 of Article 4 223-FZ in the EIS. There is also a form annual accounts. According to the annual report, it will be clear whether the SMP procurement standard has been met or not.

Compliance with the standard

The implementation of the standard is facilitated, first of all, by an increase in the share of electronic procurement, especially since new changes are coming to 223-FZ, in accordance with which the Government will have the right to establish a minimum volume of purchases that certain types legal entities will have to conduct in electronic form.

On electronic platforms competition is greater and the opportunity for SMEs to participate in such purchases is much higher if the ETP does not impose excessive requirements (a separate electronic signature, paid accreditation and participation in procurement, etc.). The site site is most convenient for organizing, including such purchases.

It is necessary to form a list of goods, works, services for purchase from the NSR and approve the partnership program.

It makes sense to conduct information and training activities for the NSR.

Use the financial service for issuing bank guarantees to procurement participants - OTC-finance. Often, procurement participants, primarily SMEs, do not have sufficient free funds to secure applications for participation in procurement and ensure the execution of the contract. OTC-finance allows participants to receive a bank guarantee to secure an application for participation in procurement and to ensure the execution of a contract under 223-FZ and 44-FZ.

For the customer, the service is convenient because the customer in personal account can see whether a bank guarantee has been issued or not. Since there is no register of bank guarantees under 223-FZ, procurement participants often encounter fraudsters and receive a fake bank guarantee. The service eliminates the possibility of fraud, all documents are certified by an electronic signature.

Answers on questions

Answer: If the cost of such a purchase does not exceed 50 million rubles, then at first it is carried out only among SMEs. If it does not take place, then it is held in accordance with the regulations. What to do if there is a need to purchase goods included and not included in the list within the framework of one purchase?

Answer: In this situation, one should either establish a requirement for the participation of only SMEs, or make two separate purchases: one only for SMEs, the second - for any participants. MUPs in 2015 start purchasing from SMP or in 2016?

Answer: Depending on the revenue. If the revenue for the previous year is more than 1 billion rubles, then from 2016, if more than 10 billion rubles, then from July 1, 2015. If less than 1 billion rubles, then there is no such obligation at all. Is it possible to divide purchases into purchases among small businesses and purchases among medium-sized businesses?

Answer: RF PP 1352 contains the concept of “small and medium-sized businesses”, therefore, procurement only among small businesses or only among medium-sized businesses will be regarded as a violation of the Decree. How to reflect purchases from SMP in the purchase plan?

Answer: In accordance with the current version of RF PP 932, purchases from SMP are displayed in the procurement plan as regular purchases, however, according to changes in 223-FZ, the Government will be able to approve a section of the plan that will separately take into account purchases from SMP and purchases of innovative and high-tech products from SMP . Is it possible to make a purchase only among SMEs without an approved list?

Answer: In accordance with RF PP 1352, in order to make purchases only among SMEs, the customer must approve and place a list of goods for such purchases. Is it possible to make purchases among SMEs if the amount of income is less than 1 billion rubles?

Answer: Purchasing "only among SMEs" by customers who do not fall under RF PP 1352 can be regarded as a violation of 135-FZ for unreasonable restriction of competition.

What reports on completed purchases within the framework of 223-FZ should be posted in the EIS and how long does it take to do this? We answer the most common questions about the placement of reports in the EIS.

The mechanism for placing procurement reports by the customer in the EIS is detailed in Art. 4 of Law No. 223-FZ and in Decree of the Government of the Russian Federation of September 10, 2012 No. 908.

According to the law, customers must post on the procurement portal information about all purchases made, and every month. Data on the number and total cost of contracts must be disclosed on the procurement website no later than the 10th day of the month following the reporting month (part 19, article 4 of Law No. 223-FZ).

It is possible to place data in the EIS only after the representative of the customer is at the end of the document with the procurement data.

Types of monthly reports under 223-FZ

Firstly, he must post in the EIS data on the number and total cost of contracts concluded as a result of the procurement.

Secondly, a report on the number and total price of contracts signed as a result of the purchase from a single supplier.

If during the reporting period the customer made a purchase, the data on which are state secrets, information about it should also be published in the EIS. This is the third type of report..

Report on the total cost of contracts, information about which is a state secret

In this paragraph, we note that the customer must prepare a report on purchases, information about which is a state secret, even when there were no such purchases in the past month. In this case, zero values ​​should be entered in the columns on the number of purchases.

Report under 223-FZ on the total value of contracts signed with SMEs

Deadlines for posting monthly reports in the EIS

We emphasize once again that the customer must post reports on completed purchases no later than the 10th day of the month following the reporting one. For example, a report for February must be posted in the EIS no later than March 10.

Note that the customer is obliged to post reports even if he did not purchase anything in the reporting period. In this case, he needs to put down zero values.

Annual report under 223-FZ

In addition to monthly, the customer must disclose in the EIS and annual procurement data. True, this applies only to purchases from small and medium-sized businesses. Data on these purchases must be published on the procurement website no later than February 1 of the year following the past calendar year (clause 21, part 4 of Law No. 223-FZ).

Answers to any questions about procurement can be found in magazine "State Order in Questions and Answers"

Government Decree No. 1352 of December 11, 2014 approved the regulation on the specifics of the participation of small and medium-sized businesses (SMEs) in the orders of individual legal entities and developed the form of the annual reporting document. Most customers who work under 223-FZ must fill it out. Decree 1352 approved not only the provision, but also a form with instructions on how to make a report on the SMP before February 1 according to 223 FZ.

When to take

Customers within the framework of 223-FZ make 2 types of tender reports with restrictions for SMEs:

1. Monthly, placed in the EIS no later than the 10th day of the month following the reporting one. Contains information on the number and total value of contracts among SMEs. The document is published by customers of any category operating under the law on certain legal entities.
2. Annual, placed in the EIS no later than February 1 of the year following the previous calendar year.

Quota requirement

Customers of these categories are required to purchase from SMEs, including for orders, the participants of which are any persons and small and medium-sized businesses. Or a requirement has been established to attract co-executors from among SMEs in the amount of at least 18% of the total annual value of contracts.

It is important that at least 15% of this volume is purchased only from SMEs (the new value was set from 01/01/2018).

For bidding only among small medium-sized businesses, customers are required to approve the list. Familiarize yourself with the goods, works, services purchased by specific clients among SMEs on the EIS website. If the NMCC contract is not more than 200 million rubles. and the specified goods are included in the list, the customer is obliged to purchase them from these entities. The maximum NMTsK when placing an order is 400 million rubles.

Instructions for filling out the reporting document

Here step-by-step instruction on filling out the annual report on the SMP according to 223-FZ:

Step 1. Fill in section 1 - contact details of the customer.

Step 2. Fill in section 2 - information on procurement from SMEs.

In this section, indicate the number and amount of tenders.

Separately, the legislator requires specific orders to be indicated, including for the defense of the state in the field of the use of atomic energy, financial services, energy carriers, etc.

Positions 1-27 p. 1.

Lines 2-6 contain an indication of the number and amount of orders held for any persons, including SMEs; only for small and medium enterprises; for persons engaging these entities as subcontractors.

And in the last section, the customer indicates the annual volume of purchases from SMEs (share in the total volume).

From 01/01/2018, Resolution No. 608 dated 05/20/2017 introduced new items in the form of the reporting document. If earlier the customer indicated only the annual volume of purchases and the number of contracts from small and medium-sized enterprises in the aggregate (SMEs), then from 2018 they indicate separately for the group of small enterprises (SMEs): clauses 6, 8, 10 of block I, and clauses. 13-14 block II.

The punishment for a violation in terms of posting a report instead of the usual fine is the transfer of the organization to work within the framework of 44-FZ.

Here is an instruction on how to fill out an annual report on purchases from the SMP under 223-FZ with comments on each cell.