Bayrashev Vitaly
Center Analyst efficient procurement(Tenders.ru LLC)

In contrast to the federal law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as 94-FZ), federal law of April 5, 2013 No. 44 -FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - 44-FZ) provides advantages in procurement not only to institutions and enterprises of the penal system, organizations of the disabled, small businesses (hereinafter - SMB), but and socially oriented non-profit organizations (hereinafter - SONCO). At the same time, the participation of SONPOs in procurement involves providing them with the same advantages that the law provides to SMP.

According to clause 2.1, part 2, article 2 of the federal law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” (hereinafter referred to as 7-FZ), socially oriented non-profit organizations commercial organizations- these are non-profit organizations created in the forms provided for by 7-FZ (with the exception of state corporations, state companies, public associations, which are political parties) and carrying out activities aimed at solving social problems, developing civil society in Russian Federation, as well as types of activities provided for in paragraph 1 of Art. 31.1 7-FZ.

The types of activities provided for in clause 1 of Article 31.1 of 7-FZ include:

1) social support and protection of citizens;

2) preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents;

3) providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;

4) security environment and animal protection;

5) protection and, in accordance with established requirements, maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial sites;

6) rendering legal assistance on a free or preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect human and civil rights and freedoms;

7) prevention of socially dangerous forms of behavior of citizens;

8) charity, as well as activities in the field of promoting charity and volunteerism;

9) activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of the health of citizens, promotion of a healthy lifestyle, improvement of the moral and psychological state of citizens, physical culture and sports and promoting these activities, as well as promoting the spiritual development of the individual;

10) formation in society of intolerance towards corrupt behavior;

11) development of interethnic cooperation, preservation and protection of the identity, culture, languages ​​and traditions of the peoples of the Russian Federation;

12) activities in the field of patriotic, including military-patriotic, education of citizens of the Russian Federation.

Despite the fact that SONCO has a fairly broad definition in 7-FZ, advantages in procurement, in accordance with Part 2 of Article 30 of 44-FZ, are provided only to those SONPOs that carry out the types of activities provided for in Clause 1 of Art. 31.1 7-FZ, and whose founders are not the Russian Federation, constituent entities of the Russian Federation and municipalities.

An important difference between 44-FZ and 94-FZ is the absence in the provisions of 44-FZ of a reference to the list of goods, works and services, a certain share of which must be purchased from SMP and SONKO. 44-FZ determines that customers must carry out from SMP and SONKO at least 15% of the total annual volume of purchases provided for by the schedule, provided that the initial (maximum) contract price does not exceed 20 million rubles (within the framework of 94-FZ, the initial ( maximum) the contract price should not exceed 15 million rubles).

At the same time, clause 1, part 3, article 112 of 44-FZ establishes that in 2014 and 2015, the calculation of the total annual volume of purchases provided for in part 1 of article 30, part 1, 2 of article 38, part 2 Article 72, clause 4.5 part 1 Article 93 44-FZ, is carried out by customers without using schedules. This means that in 2014 and 2015, purchases from SMP and SONKO must be calculated by customers from the total amount of funds allocated for purchases.

Calculating the total annual volume of purchases may raise certain questions for the customer, since in practice the total volume of purchases can be understood as the adjusted limits of budget obligations or the volume of subsidies provided (for budgetary institutions) less taxes and wages, the amount of concluded contracts, the amount of executed contracts. In particular, it is not entirely clear what indicators the control authorities will use when conducting inspections. In the case of calculating the volume of purchases from SMP and SONKO, this task is made easier by the fact that 44-FZ does not have a maximum permissible volume of purchases from SMP and SONKO - the customer, in order to avoid unnecessary questions from regulatory authorities, simply select the largest of the estimated values ​​of the total volume of purchases and calculate the share from this value. If desired, the customer can purchase from SMP and SONKO almost the entire volume of goods, works, and services he needs.

At the same time, it should be noted that goods, works, and services purchased from SMP and SONKO are taken into account in calculations only if the purchase was carried out through competitive procedures, which include a competition, including a two-stage competition and a competition with limited participation, an auction , request for quotations, request for proposals. That is, purchases from a single supplier, which is SMP or SONCO, should not be taken into account in the calculations. For purchases from SMP and SONKO, customers will have to maintain special reporting, which will reflect information about concluded contracts with SMP and SONKO, as well as information about the failed identification of suppliers (contractors, performers) with the participation of SMP and SONKO.

The requirement to purchase goods, works, and services from SMP and SONKO does not apply to procurement to ensure national defense and state security and procurement of work in the field of nuclear energy use. But the customer has the right to make such purchases from SMP and SONKO.

Quite interesting is another innovation of 44-FZ, which gives the customer the right to establish in a notice a requirement for a supplier (contractor, performer) who is not an SMP or SONKO to involve subcontractors, co-contractors from among the SMP, SONKO in the execution of the contract. Thus, the customer will theoretically be able to reduce to zero the share of procedures announced among SMP and SONPO if it actively exercises this right when carrying out procurements in which there will be no restrictions related to the procurement participant’s affiliation with SMP and SONCO. The disadvantage of the active use of this approach may be a decrease in the attractiveness of procurement carried out by the customer and, as a result, an increase in the proportion of procedures, the results of which will not result in the conclusion of contracts (agreements), since not all procurement participants want to involve subcontractors (co-contractors), increasing the risks of non-fulfillment of the contract . The practice of implementing this right will only be seen after 44-FZ comes into force. In addition, standard contract terms providing for the involvement of such subcontractors and co-executors in the execution of contracts may be established by the government of the Russian Federation. Corresponding normative act has not yet been adopted - the requirement to involve SMP and SONKO as subcontractors (co-contractors) will most likely not be established by customers until this regulatory act is adopted.

When making purchases from SMP and SONCO, customers are required to establish a restriction stipulating that procurement participants must be SMP or SONCO. In this case, procurement participants must declare that they are SMP or SONCO. Otherwise, the procurement participant’s application, which does not declare the procurement participant’s affiliation with SMP and SONKO, is subject to rejection. At the same time, the question remains unresolved whether the procurement participant’s affiliation with SMP and SONKO will be verified. If this information is not verified, then the effect of this norm will be ineffective, since any procurement participant will be able to declare that he is an SMP or SONCO and participate in determining the supplier (contractor, performer), without actually being an SMP or SONCO .

To summarize, it is worth noting that the requirement for SMP and SONKO to carry out at least 15% of the total annual procurement volume is almost always fulfilled automatically from all customers right now, if we consider the concluded contracts. After all, many customers, due to small budgets, have a small share of large contracts, and all small contracts are concluded with SMP simply because small purchases are not interesting to large businesses with high turnover. This requirement has a certain political meaning associated with the need to support SMP and SONCO in various forms, including through the mechanism of state (municipal) procurement. From an economic point of view, this measure makes sense only for customers with large budgets, forcing these customers to break some large purchases into smaller ones in order to increase the participation of SMP and SONCO in their purchases. For customers with small budgets, this requirement is another burden, since it establishes the need for additional reporting, which in many cases will not allow a correct understanding of the situation with the participation of SMP and SONCO in state (municipal) procurement from a particular customer.

Stands for “small business entity”.

As for SONCOs, the decoding according to 44-FZ also does not differ from the generally accepted one - these are socially oriented non-profit organizations. You can often come across the abbreviation SONO; it stands for exactly the same. These are the ones that will be discussed in this article.

Who are SONO

So, let’s take a closer look at the question “SONCO – what kind of organizations are these?” Let us turn to the definition of Federal Law No. 7 of January 12, 1996. These are structures that are engaged, for example, in such activities (the entire list can be found in paragraph 1 of Article 31.1 of the 7-FZ):

• social services for citizens;
• social support and protection;
• assistance in overcoming the consequences of natural disasters;
• measures to prevent socially dangerous behavior;
• environmental protection;
• animal protection.

It is important to remember that if an organization is engaged in similar activities, but its founders are the Russian Federation, constituent entities of the Russian Federation or municipalities, it will not be considered a socially oriented non-profit.

Features of participation in procurement under 44-FZ

The Law on the Contract System also considers them as Federal Law No. 7.

SMP and SONKO participate in government procurement according to the same rules. For them, in order to support small businesses, benefits are provided (). Government customers are required to enter into contracts with them, the total amount of which will be at least 15% of. They can do this in two ways:

1. Hold auctions in which only such legal entities are allowed to participate. It could be , and . however, it should not exceed 20 million rubles.
2. Establish a requirement for the winner - to involve SMP or SONO in the execution of the government contract as a subcontractor. NMCC in this case is not limited.

There are also some peculiarities regarding payment. If restrictions and benefits are established for SMP and SONO, then they receive money a maximum of 15 working days after signing acceptance certificates with the auction organizer.

Small business- view entrepreneurial activity, which does not apply to unions. We are talking about small enterprises and small firms.

General information

Small businesses are commercial organizations and consumer cooperatives. These also include individuals, which were registered in a single state register as individual entrepreneurs and who carried out entrepreneurial activities without forming a legal entity.

Law No. 44 regulates relations that were aimed at ensuring municipal and state needs. The legislation of the Russian Federation does not contain specific information on procurement.

Procedure and rules for procurement from SMP under 44 Federal Laws

In the Russian Federation there are standard requirements, prescribed in Law No. 44, according to which the bulk of procurement is carried out. The minimum volume of goods purchased from small businesses should not be lower than 15%. To purchase from this kind organizations, competitions of various levels are created:

• Two-stage;
• With limited participation;
• Open.

Additionally, purchases from such organizations can be carried out by:

• electronic auctions;
• requests for proposals;
• quotes.

It is a mandatory requirement when participating in competitions created by the state to be SONCO and SMP. Since such organizations perform a limited amount of work, the initial maximum contract value at auction should not be more than 20 million rubles.

In applications, procurement participants must note that they are SMEs or SONCOs (small businesses or socially oriented non-profit organizations). Otherwise, they may not be allowed to participate in procurement.

The contract also states that if suppliers do not begin to comply with the terms of the subcontractors' contract, they will be subject to civil liability.

Allowable volume

The total volume of purchases is approved for the current financial year. The calculation also takes into account payment for contracts that were concluded before the current year, but which will be valid during it. Previously, the legislation used a predetermined schedule as the permissible volume of purchases from small businesses.

However, later changes were made to Law No. 44 Federal Law, as a result of which the minimum volume of goods purchased from small businesses should not be lower than 15%.

Methods of procurement under 44 Federal Laws

According to the provisions of Federal Law 44, there are two ways to carry out procurement:

• Non-competitive procurement

These are purchases from a single supplier. The product is purchased for reasons listed in the Federal Law. Typically there are purchases that are made for the following reasons:

1. Purchases from entities natural monopolies. Available for any amount. Information about the purchase is published on the official website of the federal service. Without publication, the action becomes illegal.
2. In accordance with paragraph 4 of Article 93. The volume of purchases should not exceed 100 thousand rubles. The total amount for the year is no more than 500 thousand rubles. Procurement data from this category is not posted on the official website, but is entered into the contract register.

• Competitive procurement

Competitive procurement is divided into two groups:

1. Open.
2. Closed.

Open procurement is popular among participants and customers. Data about manipulations are posted on the official Internet resource. The procedure for carrying out actions is regulated by articles of Federal Law No. 44.

Closed procurement may be carried out on the basis of the requirements provided for in Article 84 - auctions and tenders. To become a participant in a closed auction or competition, you will need an invitation from the customer. In order to find out information about such an event in advance, you will need to analyze the schedule in detail or send a request to the potential organizer about the date of the competition.

What can you buy?

According to Federal Law No. 44, the following types of goods can be purchased from SMP:

• Grains;
• Vegetables and crops;
• Fish;
• Raw materials for mineral and chemical industries;
• Food products;
• Feed flour, coarse and fine grinding;
• Fats and oils;
• Beverages;
• Cloth;
• Leather and products;
• Timber;
• Industrial gases;
• Chemical components;
• Automatic data processing devices;
• Equipment;
• Technology and consumer electronics and so on.

Before purchasing goods, services or work, they must be approved in an order that is valid from January 1, 2018.

Benefits for small and medium-sized enterprises under 44 Federal Laws

As Article 30 of Law No. 44 Federal Law states, government customers must place about 15 percent of the volume annual purchases for emergency medical services and socially oriented non-profit organizations.This volume does not include government procurement in the form of:

• issuing loans;
• ensuring state security;
• produced from one supplier;
• produced in closed competitions/auctions.

To prove that a participant belongs to the SMP, a declaration is required. Main advantages:

• When holding a competition/auction, only persons who belong to SONCO and SMP can participate in procurement;
• The initial cost of the procedure should not exceed 20 million rubles;
• When conducting a government purchase, a special condition is established for the participant standard procedure engaging as a partner or subcontractor a person who also belongs to SONCO or SMP.

Is there liability for non-compliance with the legislation on placing an order with SMP?

For non-compliance with the legislation on placing an order with SMP, administrative liability is provided. According to Article 7.30, the implementation of work, goods, and services to meet the municipal and state needs of small businesses must be strictly in accordance with legal requirements. In case of non-compliance, an administrative fine will be imposed on officials in the amount of 50 thousand rubles.

The article lists the main points that a supplier needs to know when participating in auctions that are placed for small businesses.

The law enforcement practice of providing support to small businesses and socially oriented non-profit organizations within the framework of the contract system in 2015-2016 is analyzed.

The article reveals practical issues of applying the requirements of Federal Law dated 04/05/2013 No. 44-FZ in terms of justification of the initial (maximum) contract price, the price of the contract concluded with a single supplier (contractor, performer) when making purchases for state and municipal needs.

Efremov S.V. Vestnik Russian Academy natural sciences. 2014. T. 2. pp. 86-89.

The issues of supporting the development of the non-profit sector by the federal government by providing subsidies to the constituent entities of the Russian Federation for the implementation of regional programs support of non-profit organizations. For the first time, an analysis of how real the “supply” is various types support for non-profit organizations regional level, and also examined the dependence of this “supply” on key factors of regional development.

Tutorial contains practical recommendations for justifying the initial (maximum) contract price, the price of the contract concluded with sole supplier(contractor, performer) when making purchases within the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Second edition, revised and expanded

Prosyanyuk D. V., Eferina T. V., Lizunova V. O. Social service. 2014. No. 2. P. 15-25.

The article raises the issue of the readiness of the non-state sector of the economy (non-profit and commercial organizations to expand activities in the social services market. The problems faced by participants in the process of denationalization of social services and measures to improve the institutional environment are presented.

The training manual contains practical recommendations on the formation of a procedure for evaluating and comparing applications, final proposals of procurement participants when carrying out procurement within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Efremov S. V., Shadrin A. E., Ladygin V.V. et al. In the book: Analytical materials of the Ministry of Economic Development of the Russian Federation. VI All-Russian Conference"Intersectoral interaction in social sphere» December 9-10, 2013. M.: Ministry of Economic Development of the Russian Federation, 2013. P. 195-220.

In accordance with Federal law dated January 12, 1996 No. 7-FZ “On Non-Profit Organizations”, as well as in accordance with the order of the Government of the Russian Federation dated February 19, 2013 No. OG-P44-47pr, the Ministry of Economic Development of Russia annually monitors the effectiveness of the provision of:

Subsidies to the budgets of the constituent entities of the Russian Federation for the implementation of regional programs to support socially oriented non-profit organizations;

Subsidies to socially oriented non-profit organizations for the implementation of programs to provide information, consulting and methodological support to the activities of other socially oriented non-profit organizations, to assist them in attracting volunteer labor, as well as to identify, generalize and disseminate best practices in implementing projects of socially oriented non-profit organizations.

The article presents the results of monitoring the effectiveness of providing subsidies from the federal budget to support socially oriented non-profit organizations for the period 2011-2013.

The collection publishes abstracts of reports of the annual scientific and practical conference held by the Faculty of Law of the Perm State National research university. Current problems of the theory of state and law, constitutional, civil, business, labor, criminal, financial law and a number of other branches are explored.

The publication is intended for scientists and practitioners.

Part 1. Volgograd: Volgograd Scientific Publishing House, 2010.

The collection includes articles by participants in the international scientific and practical conference “Economics and Management: Problems and Prospects for Development”, held on November 15-16, 2010 in Volgograd at the Regional Center for Socio-Economic and Political Research “Public Assistance”. The articles are devoted to current issues of economic, management theory and practice, studied by scientists from different countries- conference participants.

Anisimova A. I., Muradyan P. A., Vernikov A. V. SSRN Working Paper Series. Social Science Research Network, 2011. No. 1919817.

This empirical article relates to competition theory and theory industry markets. It examines the relationship between industry structure and competitiveness at the local rather than national level. We used micro-level data on banks in two regions of Russia - Bashkiria and Tatarstan - to calculate the values ​​of the Herfindahl-Hirschman index and the Lerner index and estimate the Panzar-Ross model. This is done in two ways: through the widely used price equation, which takes into account the effect of bank size, and then through an equation without bank size, as proposed by Bikker and his co-authors in 2009. It turns out that both regional markets are dominated by monopolistic competition, although in Tatarstan the monopoly hypothesis is not rejected. The existence of large local banks does not necessarily make a given regional market more competitive, and the use of non-structural competition measurement models suggests that competition between banks in Bashkiria is stronger than in Tatarstan. Moving further from aggregate analysis, we calculated Lerner indices for two product segments of the banking market of Tatarstan and found out that the personal lending market is much more competitive than the lending market legal entities. Community banks have more market power in corporate lending, and local branches of federal banks have more market power in corporate lending.

Trunin P.V., Drobyshevsky S. M., Evdokimova T.V.M.: Publishing House“Case” RANEPA, 2012.

The purpose of the work is to compare monetary policy regimes from the point of view of the vulnerability of the economies of the countries using them to crises. The work consists of two parts. The first part contains a review of the literature, which presents the results of studies examining the susceptibility to crises of economies that apply such monetary policy regimes as exchange rate targeting, classical and modified inflation targeting. It also provides assessments of the effectiveness of the accumulation of foreign exchange reserves as a tool for preventing or mitigating crises. The second part of the work - empirical - describes the methodology and results of comparing the adaptive abilities of economies, obtained from an analysis of the dynamics of key macroeconomic indicators in the pre-crisis and post-crisis periods in countries grouped by monetary policy regimes. In addition, estimates of the susceptibility of economies to crises are presented based on calculations of the frequencies of crises under different regimes.

The Basel Committee on Banking Supervision has initiated a debate on the best practices to prevent bank managers from taking excessive risk. This article proposes a game-theoretic approach to describe the decision-making process of a bank manager who selects levels of risk and effort. If the level of risk affects the spread of future profit values, then the amount of effort affects the probability of a positive result. Although the effort is not observable to the bank's shareholders, the level of risk is controllable and can be measured by indicators such as capital adequacy or financial leverage. The manager is assumed to be risk neutral; a binary outcome of the game with profit or loss is considered. Starting with an overview of the contract scheme, including fixed and variable components of remuneration, it is shown that by differentiating the variable part of the remuneration, it is possible to stimulate the taking of smaller risks. More precisely, the variable portion of the remuneration (share of the bank's profit) when taking low risk should be higher in proportion to the greater dispersion of outcomes observed when taking high risk, in order to incentivize the manager to choose a lower level of risk rather than a high one.

In this work, a basic model has been developed that allows us to predict a possible reaction financial organizations to tougher regulatory measures introduced by the Basel Committee on Banking Supervision (BCBS) in relation to global systemically important banks (GSBIs). The context of the study is formed by the BCBS document of 2011, which established higher capital requirements for global systemically important banks. We analyze the interaction of banks within an oligopolistic market, where demand is limited, and banks are subject to additional capital requirements imposed by the regulator. We distinguish between the announced funding cost, which determines the size of loans issued and the interest rate on the market; and the true cost of funding, which directly affects profit margins. We conclude that in a two-period interaction, both banks will post the highest funding costs, which will lead to a reduction in the size of loans issued (which is consistent with the regulator's goal), but at the cost of higher borrowing costs in the market. If the game is repeated, then both banks choose a smaller loan size than in the last period when they announced the lowest cost of funding. Note that the findings correspond to the results of the analysis of the Department of Monetary Policy and Economics of the BCBN.

The article analyzes practical aspects various methods implementation of the vote transfer rule, namely, the Gregory method, the inclusive Gregory method, and the weighted inclusive Gregory method.

The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative benefits are provided.

Small businesses are commercial organizations legal organizations and individual entrepreneurs) carrying out their activities with the aim of making a profit. At the same time, non-profit organizations, unitary municipal or government agencies cannot be classified in this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and number of employees.

Which organizations belong to the SMP?

For business entities and partnerships, at least one of the requirements of clause 1, part 1.1 of art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators on revenue and the average number of employees are considered.

The Federal Law “On the Development of Small and Medium-Sized Enterprises in the Russian Federation” dated July 24, 2007 N 209-FZ regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing more organizations to meet the status of a small or medium-sized enterprise.

Gradation of enterprises and limits established in each group:

Microenterprise: the amount of annual revenue excluding VAT should not exceed 120 million rubles, and the number of employees should be no more than 15 people.

Small business: the amount of annual revenue is no more than 800 million rubles, the number of employees is no more than 100 people.

Medium enterprise: revenue excluding VAT for the year - up to 2 billion rubles, and average number employees do not exceed 250 people.

The same rules for dividing into categories apply to individual entrepreneurs. If individual entrepreneurs do not have employees, then the criterion will be only the amount of revenue received for the year. When using the patent taxation system, individual entrepreneurs are classified as micro-enterprises.

All small business enterprises are entered into the Register of Small Business Entities, maintained by the Federal Tax Service, on the basis of:

information from the Unified State Register of Legal Entities, Unified State Register of Individual Entrepreneurs;

information provided to the Federal Tax Service on the number of employees, revenue from business activities and the application of special tax regimes in reporting established by law RF;

information provided by persons specified in paragraph 2 of Art. 6 Federal Law No. 408-FZ;

information provided by legal entities and individuals included in the SME register.

More detailed information can be obtained on the Federal Tax Service website, including viewing.

Regarding government and commercial procurement, small businesses also have a number of advantages over other participants.

Purchase from small businesses, SONKO 44-FZ

Government procurement under 44-FZ from small and medium-sized businesses is regulated by Art. 30 44-FZ.

For customers working in accordance with the law “On the Contract System”, a number of requirements are put forward regarding procurement from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in an amount of at least 15% of their annual purchases. Such trades can be carried out in the following types:

open competition;

competition with limited participation;

two-stage competition;

electronic auction;

request for quotations;

request for proposals.

At the same time, the initial maximum contract price should not exceed 20 million rubles.

Also, a positive point in procurement carried out only among small businesses and socially oriented non-profit organizations is that the amount of security for an application for participation is set at no more than 2% of the NMCC. For comparison, in other procurements the customer has the right to set a bid security in the amount of up to 5% of the contract price.

Involvement of SMP or SONKO in the execution of a contract

When conducting a procurement, the customer has the right to establish in the notice a requirement for a contractor who is not an SMP or SONCO to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of the work (of the contract value) was carried out with the involvement of a subcontractor from among SMP, SONCO, and this part is counted to the customer in the volume of purchases for the reporting period made from small businesses and SONPO.

The contract of such a tender must include a clause on the civil liability of the contractor for failure to fulfill the conditions for engaging a subcontractor from among the SMP, SONCO.

The Government of the Russian Federation may establish standard terms of contracts providing for the involvement of SMEs (small and medium-sized businesses) in execution.

Advantages:

1. the contractor must pay subcontractors and co-executors involved from among the SMP and SONCO within 15 workers days from the date of signing the document on acceptance of services, work or goods from the subcontractor. Previously this period was 30 calendar days.
2. the changes affected clause 1 of Government Decree No. 1466 of December 23, 2016, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of SMP or SONCO.

Calculation of the volume of purchases from SMP, SONKO according to 44-FZ

money to secure the application must be deposited into a special bank account;

The contract with the winner of the purchase is concluded in electronic form on site (paper version is not applicable).

Deadlines for publishing notices of procurement:

Competitions and auctions:

with NMCC up to 30 million rubles, then at least 7 days;

with NMCC more than 30 million rubles - in 15 days.

Request for proposals— within 5 working days (NMCC should not exceed 15 million rubles).

Request for quotation- for 4 working hours days (NMCC should not exceed 7 million rubles).

The payment period for contracts concluded with SMEs from 01/01/2020 was reduced from 30 days up to 15 days. By analogy with purchases from SMP within the framework of 44-FZ.

Schedule of purchases from SMEs

Customers who are included in the category according to PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the Unified Information System. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.

In the procurement schedule, the customer must, in separate sections, reflect and approve the goods, works or services that he will purchase through bidding only among SMEs. Participants in such tenders must declare their affiliation with the SMP in the application; at the moment, the form is unified and the same for everyone.

The initial maximum purchase price carried out only among participants of small and medium-sized businesses should not exceed 400 million rubles.

Also, a certain group of customers, approved by Government Order No. 475-r, must purchase innovative and high-tech equipment from small businesses.

According to Art. 5.1 223-FZ, in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports requirements of the legislation of the Russian Federation on procurement from SMEs. Conformity assessment is carried out as part of the verification of a draft procurement plan for goods, works or services, a draft procurement plan for innovative and high-tech products and projects for amending such plans, prior to the approval of these plans.

Monitoring is carried out according to procurement plans approved by the customer and changes made to them.

Based on the results of inspection and monitoring, a conclusion is issued on the compliance or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer must eliminate them or place a protocol of disagreements for this notification in the Unified Information System. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.

Report on procurement from SMEs

At the end of the month, each customer must draw up a report containing information about its purchases from SMEs, and no later than the 10th day of the month following the reporting month, place it in the Unified Information System. (Clause 4, Part 19, Article 223-FZ)

Before February 1 of the following reporting year, the customer must publish an annual report on in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.

Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not post it at all in a single information system, - then appropriate sanctions are imposed on such an organization, namely, it is deprived of procurement privileges under 223-FZ and from February 1 until the end of the year following the reporting year, it will be obliged to conduct tenders only within the framework of 44-FZ.

As for the submission of reports by companies operating under 223-FZ, but not obliged to purchase from SMP, these companies also submit monthly reports on the number of contracts signed with SMP, in which they indicate the number of such contracts; if they are absent, they simply enter the value 0. At the same time, organizations that do not fall under Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in tenders only for small and medium-sized businesses, because this will already be considered a restriction of competition.

Annual report on purchases from SMEs of enterprises with revenue of less than 2 billion rubles. should not be published, even if such tenders were held.

Suppliers belonging to SMEs

The benefits for procurement participants belonging to small and medium-sized businesses have now been cancelled. But at the same time, there are restrictions that do not allow participation in procurement carried out for SMEs.

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