Methodology for filling out an electronic template. annual public procurement plan

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WITHOdehwAneithere

Introduction

1. Introduction of new concepts in the Draft Law in comparison with FZ-94

2. Procurement planning

3. Purchasing (order placement)

3.1 Features of the competition with limited participation

3.2 Features of the two-stage competition

4. Contract Management

5. Monitoring and control

Conclusion

Bibliography

Vvedeneithere

law procurement competition state

On April 5, 2013, the President of the Russian Federation signed Federal Law No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law on the FCC), which is to be replaced from January 1, 2014 by 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 - Law No. 94-FZ). In fact, the newly adopted FCC Law means the country's transition to a new system public procurement- federal contract system.

It should be noted that a significant part of the provisions of Law No. 94-FZ is retained in the new system, for example, the rules regarding the methods of procurement. But at the same time, the FCC Law introduces a number of innovations that imply the creation of a more advanced system of state and municipal procurement.

On September 1, 2011, a project was published on the official website of the Ministry of Economic Development of Russia federal law“On the federal contract system” (hereinafter referred to as the Draft Law). The bill is aimed at regulating the procurement of goods, works and services for state and municipal needs and will have to replace the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

The draft law, if adopted, will make significant changes to the rules for public procurement. The entire public procurement system will be transformed into a federal contract system. The essential difference between the federal contract system and existing system public procurement will be long-term planning of state and municipal needs. The bill provides for a change in the rules for determining the initial price of a state contract, the rules for evaluating applications for participation in public procurement.

The bill defines the principles of the federal contract system. The federal contract system will be based on the principles of openness, competition, professionalism of the customer, unity and responsibility for the effectiveness of meeting state and municipal needs and the efficiency of spending budget funds. The Public Procurement Law does not single out the principles of public procurement separately.

The Draft Law also provides for the introduction of new methods of public procurement: a tender with limited participation, a two-stage tender and a request for proposals. At the same time, it is proposed to eliminate such a method of public procurement as an auction, leaving only an electronic auction.

1. VvedeneitherenOout pOconceptions inWAToOnOetcohktePOWedAextenyu with FZ-94

The main difference between the Draft Law and the Public Procurement Law is sfeRAapproxeneniya hAToOnA

The legislator has formulated in the Draft Law a number of new concepts compared to the Federal Law-94, namely, such concepts have been introduced as:

fedeRAflaxAi toOntrAktnAi systemA- a set of measures of a legal, organizational and economic nature aimed at meeting state and municipal needs through the integrated implementation of interrelated stages of forecasting, planning and procurement (including the execution of contracts), as well as monitoring, supervision, control and audit of compliance with the requirements of this Federal Law ;

hAkupkA- a set of actions carried out in the manner prescribed by this Federal Law by the customer and participants in procurement procedures aimed at concluding and executing contracts to meet state or municipal needs. The procurement procedure begins with the placement of a notice of the procedures for determining suppliers (contractors, performers) or sending an invitation to participate in the procedures for determining suppliers (contractors, performers) in the cases established by this Federal Law and ends with the fulfillment of obligations by the parties to the contract;

edinAi infOrmAqiOnnAi systemA- the totality of the information contained in the databases specified in Article 5 of this Federal Law, information technologies And technical means that ensure the formation, processing, storage and provision of such information;

dOgodfatherentAflaxeOPMeYou (OPMeYou)- information and data generated by customers, state bodies and local governments, provided for by this Federal Law, for placement in a single information system;

packOlnOmOhenyOrgAn- federal executive body, executive body of the subject Russian Federation, a local self-government body and a state institution, for which in in due course the functions and powers provided for by this Federal Law are assigned to conduct procedures for determining suppliers (contractors, performers) for customers in order to meet state and municipal needs;

cneqiAlysirOVAnyOrgAn- a federal executive body, an executive body of a constituent entity of the Russian Federation, a local self-government body, a state institution, which are duly entrusted with the functions and powers to carry out procedures for determining suppliers (contractors, performers) to meet state and municipal needs, as well as on conclusion contract and acceptance of the results of its execution;

Afishes- implementation of control measures by the Accounts Chamber of the Russian Federation, control and accounting authorities of the constituent entities of the Russian Federation, control and accounting authorities municipalities within the limits of the powers vested in these bodies.

The bill establishes the possibility of public control over the implementation of procurement.

The bill introduces the concept of a Unified Information System, the main purpose of which is to provide information support to the FCC at all its stages.

The composition of information on procurement to be posted on the Internet has been significantly expanded.

Procurement information posted on the Internet by the FCC:

Information about the entire procurement cycle, including: OplAnirOVAnii (fOrmirOVAnii), rAgpescheresearch and developmentOlneresearch institutesAToAhA.

Procurement information posted on the Internet according to FZ-94: information ORAgpescheresearch institutes order.

An identification code has been introduced, which is assigned to each purchase and indicated in the plans, as well as in all documentation related to the implementation of this purchase. The procurement code provides an interconnection between the budget classification codes, OKVED and OKDP.

Regarding FZ-94, the FCC introduced new types of registers, namely:

Register of participants in the electronic auction accredited on the electronic site (maintained by the operator of the electronic site)

2 . PlAnirOVAneitherehAkupOTo

The most significant innovations should be recognized as such elements of the FCS as:

1. Procurement planning

The FCC Law provides for mandatory procurement planning through the formation, approval and maintenance of:

Procurement plans;

Plans-schedules.

Chapter 2 of the FCC Law regulates in detail the procedure for the formation of procurement plans and schedules. Procurement plans should be formed by customers based on the goals and activities provided for by the state programs of the Russian Federation (including FTP, other documents of strategic and program-targeted planning of the Russian Federation), state programs of the constituent entities of the Russian Federation, municipal programs, as well as in order to perform functions and powers government agencies Russian Federation, state bodies of constituent entities of the Russian Federation, municipal bodies (Articles 13 and 17 of the Law on the FCC).

Procurement plans are formed for a period corresponding to the period of validity of the relevant budget law, i.e. for three years. Plans-schedules will be drawn up by customers annually.

In addition, the FCC Law defines the conditions and procedure for amending procurement plans and schedules.

Chapter 2 of the FCC Law also pays attention to such issues as the justification and regulation of purchases (Articles 18 and 19).

When forming procurement plans, the object of procurement is subject to justification, and when forming a schedule, also the method of determining the supplier and the initial (maximum) price of the contract (parts 2-3 of article 18 of the FCC law).

Rationing in accordance with the FCC Law means the establishment of requirements for purchased goods, works and services. The requirements for goods, works, services are understood as “requirements for the quantity and quality, consumer properties and other characteristics of goods, works and services that make it possible to meet state and municipal needs, but do not lead to the purchase of goods (works, services) that have excessive consumer properties or other characteristics or being a luxury item ”(part 2 of article 19 of the FCC law).

It should be noted that in Law 94-FZ, procurement planning is not given due attention. Schedules developed in accordance with Law No. 94-FZ are not linked to targeted activities. The procedures for making changes to the schedule are not regulated, and there are no legal consequences for not making purchases in the schedule.

In the bill, planning will be long-term, medium-term and short-term. A long-term plan called "consolidated forecast of state needs" will be adopted for a period of at least five years.

DOlgOWedOchoh(5 leT)

StObottom prOMrOh- part of the forecast of the socio-economic development of the Russian Federation for long term(Article 16 of the project). Formed by the Ministry of Economic Development of Russia and placed in the EIS.

WededayseWedOchoh(3 gOdA)

PlAusAkupOto forObecneheniya gOcourtArstemunicipalityApersonal needs: Determined based on activities government programs, target programs, plans and programs for the development of the constituent entities of the Russian Federation and other documents of program-targeted planning. The form of plans and the procedure for their maintenance and approval are determined by the Government of the Russian Federation. Plans are developed by the customer for a period of three years (according to general rule) (Article 17 of the draft). Include, among other things, the identification code of the purchase.

CrAtkOWedOchoh(1 gOe)

PlAus-grAfics: Documents containing a list of customer purchases for the next financial year and being the basis for such purchases. They are developed annually for one year and approved by the heads of customers after the adoption of the law on the budget, but before the start of the next financial year (Article 20 of the project). The customer has the right not to include individual purchases from a single source in the schedule.

OcenkAObOsnOVAnnOneeds: The information included in the plans is subject to an assessment of the validity according to the criteria specified in the law (Article 18 of the project), in particular, the following are subject to justification: the object of procurement; purchase method; N(M)CC.

The innovation of the bill will be that it proposes to establish edyneseCreteeriiOpisAniaObektAGOszAkupOTo. Goods, works and services must comply minimAflaxOdOstATOchnym trebOVAniyam. This means that they must fully satisfy one or another state or municipal need, but at the same time not have excessive properties, not be luxury items and not belong to the “luxury” category. The requirements for the development and adoption of legal acts on regulation can be established by the Government RF (Article 19 of the draft).

HAhAflaxAi (mAximAflaxAi) cenAToOntrAktA(N(M)CC: Methods for calculating N(M)CC and the conditions for their application are determined (Article 21 of the draft). Sources of information on prices are similar to the sources defined in art. 19.1 Federal Law No. 94.

3. ImplestvleneitherehAkupOto (rAgpescheneitherehAToAhA)

CentrALizOVAnowehApurchases: The project provides for the possibility of creating authorized and specialized bodies. Authorized and specialized bodies may be: a federal executive body, an executive body of a constituent entity of the Russian Federation, a local self-government body and a state institution. The authorized body performs the functions of procurement for customers, with the exception of: the rationale for the implementation of the procurement and the terms of the contract (including the rationale for N(M)CC); signing the contract and acceptance of the results of the contract. In this case, the contract is signed by the customer. A specialized body performs procurement functions for one or more customers (including the conclusion of a contract and acceptance of the results of contract execution) (Article 25 of the draft).

TOOntrAktnAi servicesAhAToAzchikA, ToOntrActny controlAinfluencing: Customers create special structural subdivision(contract service of the customer), and in its absence, one or more officials responsible for procurement. Contract service (contract manager): develops the Schedule; carries out the preparation, approval and placement in a single information system (direction) of information on ongoing procurement; carries out purchases, including ensuring the conclusion of a contract; prepares and places documentary reports in the information system; ensures the execution of the contract; participates in the consideration of cases on appealing the results of the conducted procurement procedures and conducts claim work; if necessary, consults with suppliers at the planning stage; exercise other powers (Article 36 of the draft).

The FCC Law provides for additional procurement methods compared to Law 94-FZ, in particular:

Competition with limited participation;

Two-stage competition;

Request for proposals.

With regard to the auction, the FCC Law regulates only the electronic auction and closed auction (Articles 59 and Article 86 of the FCC Law). Open auctions outside electronic form not provided.

Other procurement methods used in accordance with Law No. 94-FZ, within the framework of new system only partially changed.

3.1 osObennOstietcOVedekOncourseAWithOgrAnobodyeaccountAstiem

A tender with limited participation is understood as a method for conducting procedures for determining suppliers (contractors, performers), in which information on procurement is communicated by the customer to an unlimited number of persons by posting in a single information system a notice of a tender with limited participation, pre-qualification documentation and tender documentation. The winner of the competition with limited participation is recognized as the person who has passed the pre-qualification selection and proposed Better conditions execution of the contract based on the results of the competition with limited participation.

The procedure for conducting a tender with limited participation is used when goods (services, works) due to their highly complex, innovative or specialized nature can only be supplied or performed by a limited number of suppliers (performers, contractors).

A notice of a tender with limited participation must contain the following information:

Information provided for in Article 38 of this Federal Law.

Requirements for prequalification participants and an exhaustive list of documents in accordance with Article 30 of this Federal Law.

Methods for obtaining pre-qualification documentation, tender documentation, term, place and procedure for providing pre-qualification documentation and tender documentation.

Fee (if any) charged by the customer for pre-qualification documentation and (or) tender documentation, method and currency of payment.

The language(s) in which pre-qualification documentation and tender documentation is available.

The procedure, place and deadline for filing applications for pre-qualification, the period for reviewing documents and summing up the results of pre-qualification.

The term, place and procedure for submitting applications for participation in the competition with limited participation for participants in the competition who have passed the pre-qualification selection.

Place, date and time of opening envelopes with applications for participation in the competition with limited participation, the date of consideration and evaluation of such applications.

Benefits provided by the customer in accordance with Articles 27 - 29 of this Federal Law.

The pre-qualification documentation is placed by the customer simultaneously with the notice of a tender with limited participation and must contain the following information:

The procedure for preparing and submitting applications for prequalification.

The list of documents that must be submitted by the participants of the competition to confirm their qualifications.

The procedure for providing clarifications to the provisions of the prequalification documentation, including the deadline for providing clarifications.

The customer, within five working days from the date of opening applications for participation in the pre-qualification selection, conducts a pre-qualification selection to identify suppliers (contractors, performers) that meet the requirements for participants in the procurement procedures established by the customer.

The customer reviews the documents received from the participants of the tender with limited participation and, based on the results of their consideration, forms a list of persons that meet the established requirements (hereinafter referred to as the participants who have passed the pre-qualification selection). The results of the pre-qualification selection with the rationale for the decisions made by the customer, including the list of persons that meet the established requirements, are reflected in

The customer is obliged to send invitations to participate in the competition with limited participation to the participants who have passed the prequalification.

The customer accepts applications for participation in the tender with limited participation from the date of placement of the protocol of prequalification in the unified information system. The deadline for accepting applications for participation in a tender with limited participation cannot be less than ten working days and more than fifteen working days from the date of posting the protocol of prequalification in the unified information system. In this case, it is not required to re-post a notice of a tender with limited participation.

3.2 osObennOstietcOVedetwo-storeyAMonOGOToOncourseA

A two-stage tender is understood as a procurement method in which information about the purchase is communicated by the customer to an unlimited circle of persons by placing a notice of a two-stage tender, tender documentation in a single information system, and the winner is the person participating in its conduct and offering the best conditions for the execution of the contract based on its results. .

The customer has the right to apply the two-stage tender procedure, subject to the following conditions:

The competition is held for the conclusion of a contract for the purpose of scientific research, design work, experiments, research or development, for the supply of innovative products, in order to restore cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation, especially valuable and rare documents included in the library funds, as well as in order to create a work of literature or art, performance (as a result of intellectual activity), to finance the rental or screening of a national film.

To clarify certain characteristics of the procurement object, discussions with suppliers (contractors, performers) are necessary.

When conducting a two-stage tender at the first stage, participants are required to submit initial tender bids containing their proposals in relation to the procurement object without specifying proposals for the contract price.

At the first stage, the tender commission conducts discussions with the participants regarding any proposals regarding the procurement object contained in the participants' bids. When discussing the proposal of any participant in a two-stage tender, the tender commission is obliged to provide equal opportunities for participation in such discussions for all participants in a two-stage tender. When discussing the proposal of each participant, all participants of the two-stage tender have the right to be present.

The term of the first stage cannot exceed thirty days from the date of opening the envelopes with the initial competitive bids.

The results of the discussion held at the first stage are recorded by the competition commission in the protocol of the first stage, which is signed by all members of the competition commission present immediately after the end of the first stage and no later than the day following the day of signing such protocol, and are placed in a single information system.

The protocol of the first stage of the two-stage competition shall contain information about the place, date and time of the first stage of the two-stage competition, name (for a legal entity), last name, first name, patronymic (for individual) and the postal address of each participant, the envelope with the bid of which is opened, proposals in relation to the procurement object.

According to the results of the first stage, recorded in the protocol of the first stage, the customer has the right to clarify the terms of the purchase, namely:

Any requirement from the functional, technical, qualitative or operational characteristics of the procurement object originally specified in the tender documentation and supplement with any new characteristics that comply with the requirements of this Federal Law.

Any criterion for evaluating bids originally specified in the tender documentation and supplemented with any new criterion that meets the requirements of this Federal Law, only to the extent that such a change is required as a result of a change in the functional, technical, quality or operational characteristics of the procurement object.

At the second stage, the tender commission invites all participants who submitted bids at the first stage to submit final bids indicating the proposed contract price, taking into account the procurement conditions specified after the first stage.

A participant in a two-stage tender who does not wish to submit a final tender application has the right to refuse further participation in the two-stage tender.

The final bids are reviewed and evaluated by the bidding committee to determine the winner.

3.3 WAetcOwith predlOandeny

Even more a difficult situation with such a procurement method as a request for proposals. In the presented form, it is more reminiscent of a variant of a request for quotations, which distorts the essence and purpose of this method of procurement.

Request for proposals is usually carried out for complex products in cases where the customer is not able to independently determine the detailed specifications of the purchased products and find the best solution to meet their needs. Since this case deals with the procurement of complex products, sufficient time should be allowed for participants to prepare proposals. The draft law on the FCC allocates only three days for this, which is not enough for quotes. Within three days, only the participant who was somehow aware of the holding of such a request in advance, and this proposal has already been prepared for him, can submit a proposal within three days. But this, although significant, is rather a technical issue.

The main fundamental difference between the procedures for conducting a request for proposals, established in the draft law on the FCC, and the procedures adopted in world practice lies in the procedure for considering submitted proposals. This procedure, as amended by the draft law on the FCC, is similar to the procedure for opening envelopes with applications during the open competition- the same openness, the same publicity. In world practice, this procedure is strictly confidential. Thus, the UNCITRAL TOR in article 48 provides for the following rules:

"6). The procuring entity reviews proposals in such a way as to avoid disclosure of their content to competing suppliers (contractors).

7). The procuring entity may negotiate with suppliers (contractors) regarding their proposals and may request or authorize the revision of such proposals if the following conditions are met:

a) any negotiations between the procuring entity and the supplier/contractor shall be confidential;

b) Subject to Article 11, neither party to the negotiations shall disclose to any other person any technical, pricing or other market information relating to those negotiations without the consent of the other party;

c) the opportunity to participate in negotiations is provided to all suppliers (contractors) who submitted proposals and whose proposals were not rejected.

Such confidentiality is necessary in large part because bidders' proposals may in many cases contain know-how that bidders are reluctant to share with their competitors.

Immediately after consideration of the submitted proposals, the draft law on the FCC provides for the announcement of the winner, which is not accepted in world practice. This practice provides that, after the conclusion of negotiations, the procuring entity requests all suppliers still participating in the proceedings to submit, by a specified date, the best and final offer in respect of all aspects of their proposals. And only after that the procedure for determining the winner is carried out.

The main feature of the request for proposals is that the proposal is formulated by the participant, and not by the customer, as in other competitive procurements. Therefore, the customer's request for proposals is a set of requirements and wishes of the customer to the participant's offer, which in some parts may be sufficient general character. By itself, the publication of a notice of solicitation of proposals and the submission of a request for proposals does not impose on the customer the obligation to conclude a contract exactly on the conditions that are prescribed in them.

Notification is necessary to determine the composition of those wishing to submit their proposal. It is important for the customer that they be able to offer conditions acceptable to the customer (technical, methodological, etc.). To resolve this issue, pre-qualification is provided (at the request of the customer).

The customer sends a request for proposals to all prequalified applicants. Participants submit their proposals. If they are deemed acceptable, they are discussed by the customer and participants through simultaneous or alternate negotiations. During these negotiations, the positions of the parties are clarified, and the participants are invited to develop and submit a final offer. It consists of two parts - technical and price, placed in separate envelopes. The quotation is considered only after specifications were evaluated and deemed acceptable.

Further, the contracting authority decides to conclude a procurement contract with the supplier (contractor) whose proposal most fully satisfies the needs of the procuring entity, determined in accordance with the criteria for evaluating proposals specified in the request for proposals, as well as in accordance with the relative importance and procedure for applying such criteria set in the request for proposals.

If we consider the usual competitive procedure under the request for proposals, it becomes unclear how this method differs from two-stage (multi-stage) tenders.

About the opening procedure. In the West, she special condition purchases are not included. In many countries (Germany, England, Sweden) it does not exist at all even during regular competitions. As an option, it is possible to offer to open only price bids. Although there is not much sense here, since with a special method of procurement, the share of the price criterion is small, and in some cases this criterion is not provided for at all.

4. uprAoweneithereToOntrAktOm

Etcohkty typeOexit toOntrAktOV: Development and creation of standard contracts is envisaged. Model contracts are developed by the relevant relevant authorities, posted in the EIS and form the basis of model contracts (part 7 of article 33 of the project).

WAkeyeneithereToOntrAktA: Similar to the provisions of Federal Law No. 94. It is possible to include in the contract (when it is concluded) a condition on the transfer of disputes between its parties for resolution by an arbitration tribunal (part 8 of article 33 of the draft).

UseOlneneithereToOntrAktA: Execution of the contract - a set of measures implemented after the conclusion of the contract and ensuring the achievement of the results of the contract. The contract must include information on the procedure and terms of payment for goods (works, services), on the procedure and terms for the customer to accept the delivered goods. The possibility (in some cases - the obligation) of the customer is provided to conduct an examination of the results for their compliance with the terms of the contract, with the involvement of experts and expert organizations (Article 86 of the project). Added the category of "long-term, expensive worth more than 100 million rubles and especially important complex contracts."

A significant innovation was the provision to the customer of the possibility of terminating the contract with the supplier unilaterally (part 9 of article 95). The cases of such termination are strictly stipulated by the FCC Law: in case of supply of goods of inadequate quality or incomplete goods, in case of violation of the terms of delivery of goods, performance of work, provision of services, as well as in case of a significant violation of the terms of the contract (part 11 of article 95). The same opportunity is given to the supplier: termination of the contract is possible in case of repeated violation by the customer of the terms of payment for goods, works, services, or if the customer did not provide source materials or did not fulfill other obligations that led to the supplier's inability to fulfill his obligation under the contract (part 19 of Art. .95). An important condition for unilateral termination of the contract is the availability of such a possibility in the procurement documentation. The contract will be considered terminated from the moment one party receives a notice from the other party about the unilateral refusal to perform the contract.

IzmeneneithereToOntrAktA: The range of grounds on which the contract can be changed has been expanded, for example, the scope of work (services) can be changed within 10%; terms, if the limits of budgetary obligations are reduced, etc. (Article 87 of the draft).

RAstOhweneithereToOntrAktA: It is possible to terminate the contract unilaterally, both by the customer and the supplier, subject to the conditions established by law, by sending a notice to the other party of a unilateral refusal to execute the contract in whole or in part (Article 87 of the draft). The supplier has the right to appeal the termination of the contract by the customer. The supplier, with whom the contract is terminated at the initiative of the customer, is included in the register of unscrupulous suppliers. The customer is obliged to terminate the contract unilaterally if, during the execution of the contract, it is established that the supplier does not meet the requirements for participants in the procurement procedures established in the procurement documentation or provided false information that allowed him to become the winner.

AboutecneheneithereSpanishOlnekOntrAktA: The requirement to enforce a contract is always established. If the contract provides for the provision of a quality assurance, the enforcement of the contract should extend to the warranty period. There are only two ways of security: 1) an irrevocable bank guarantee and 2) deposit Money. To issue a bank guarantee as security for the performance of a contract, the relevant bank or credit institution must be entered in the register of bank guarantees posted in the EIS. The form of a bank guarantee is established by the federal executive body responsible for the development of state. policy and legal regulation in budgetary, banking activities. You can change the security during the execution of the contract (provide a new one in a reduced amount). State institutions are exempt from providing security. All others are required to provide. (Article 88 of the draft).

Toolenty controlAoweniya peresultATOm toOntrAktA: Accounting for the results of the contract is carried out through: Reporting of customers on the results of the execution of the contract, containing, among other things, information on the results achieved and on their compliance with the Schedule (part 9 of article 86 of the project); Customer reporting on the implementation of procurement plans and schedules (part 5 of article 22 of the project); Evaluation of the effectiveness of the implementation of procurement plans and schedules and evaluation of the effectiveness of meeting state and municipal needs. Such an assessment is carried out as a result of monitoring - the collection, generalization, systematization and analysis of information on the progress and results of the implementation of procurement plans and schedules. The monitoring result is presented in the form St.OdaysOGOAnAliticheskOGOOPMeTA. (Article 22 of the draft); An audit that analyzes the validity of forecasting and planning the procurement of goods, works, services to meet state and municipal needs, the feasibility and efficiency of procurement of goods, works and services for state and municipal needs, the impact of the results of procurement for state and municipal needs on the achievement the goals of state programs, federal and regional target programs, other documents of strategic and program-targeted planning of the Russian Federation and constituent entities of the Russian Federation, interstate target programs in which the Russian Federation participates; Control over the federal contract system in terms of: efficiency practical application the results of the contracts; the validity and efficiency of spending budgetary appropriations to meet state and municipal needs. Customer officials bear disciplinary responsibility, up to and including dismissal, for improper implementation of procurement plans and schedules, as well as for failure to achieve the intended results.

NegAandeneithereReresultATOin inEIP: The results of the execution of the contract are reflected in the report posted in the EIS (part 9 of article 86 of the project). The results of monitoring, as well as an assessment of the effectiveness of the implementation of procurement plans and schedules, an assessment of the effectiveness of meeting state and municipal needs and decisions taken on their basis, are subject to placement in a single information system (part 9 of article 22 of the project).

5. MOnitOring and kOntrOeh

MainOoutePOlnOmOwhoseOrgAnOin SpanishOlniteflaxOth owAsti andOrgAnOin mestnOGOWithAmOexAoweniya in the FCC: The Government of the Russian Federation, the authorities of the constituent entities of the Russian Federation and local governments are assigned, among other things, the powers to monitor the FCC, control compliance with the legislation on the FCC (audit, control and supervision), analyze the effectiveness of meeting state and municipal needs (Article 13 project). The monitoring results are documented in the form of a consolidated analytical report, which is considered by the Government of the Russian Federation (Article 22 of the draft).

Audit: Carried out by the Accounts Chamber of the Russian Federation and the control and settlement authorities of the constituent entities of the Russian Federation, municipalities. The audit consists in analyzing the validity of procurement forecasting and planning, the feasibility and efficiency of procurement, and the impact of procurement results on achieving the goals of state programs (Article 89 of the project).

HAdzOR in FCC: It is carried out by the federal body authorized to conduct supervision. state power. Supervision is carried out by carrying out (Article 90 of the project): scheduled inspections(bodies responsible for maintaining the EIS; bodies maintaining the register of contracts and operators of electronic platforms); unscheduled inspections (customers, contract services (managers), specialized organizations).

TOOntrOle in the FCC: Monitoring compliance with the legislation of the Russian Federation on the FCC. It is carried out by the authorized body by conducting scheduled inspections of the supervisory authority in terms of maintaining the RNP (federal authorized body) and by conducting scheduled and unscheduled inspections of customers (federal, regional and municipal authorized body) (Article 91 of the project).

Chapters 4 and 5 are devoted to monitoring, audit and control carried out by the federal authorities in the FCC. In accordance with Article 98 of the law on the FCC, the audit will be carried out by the Accounts Chamber of the Russian Federation, control and accounting bodies of the constituent entities of the Russian Federation, municipalities and other bodies authorized by law RF. The audit bodies will analyze the validity of procurement planning, the effectiveness of procurement, the impact of procurement results on the achievement of the goals of state programs of the Russian Federation (programs of the constituent entities of the Russian Federation), federal and regional targeted programs, as well as other documents of strategic and program-targeted planning of the Russian Federation and constituent entities of the Russian Federation.

Control will be exercised by the federal executive authorities through scheduled and unscheduled inspections of customers, contract services of customers, authorized bodies, procurement commissions, operators of electronic sites and other persons involved in the procurement procedure.

In accordance with section 102 of the FCC Act, citizens public associations and associations of legal entities have the right to carry out independent public monitoring and evaluation of the progress of procurement, evaluate procurement procedures and the results of the execution of contracts, apply on their behalf to law enforcement in cases of detection in the actions (inaction) of customers of signs of corpus delicti, as well as to prepare proposals for improving the legislation of the Russian Federation on the FCC. This norm enhances the feeling of publicity and public accountability of the activities of customers, however, the mechanism and procedure for exercising such control remains unclear.

Life safety fundamentalsAlOVAneithereand dOcourtebnohRAspeweneitherecnOROin, inOsignAsfeReFCC: Similar to the provisions of Federal Law No. 94. In addition to the procurement participant, a complaint can also be filed by any public association.

ReplyetstvennOsthAnArusheneitherehAToOnOdATeflatteryAOFCC: Introduced: personal responsibility of employees contract service(contract manager) (Article 36 of the draft); the responsibility of the operator of the electronic site for the disclosure of information received by them during the electronic auctions; responsibility of the supervisory and control body for decisions canceled by a court decision (Article 97 of the draft).

Conclusion

Summarizing the above, we note the following. First, the procurement procedures under the FCC now cover the entire procurement cycle. The main stages are planning, placement, execution and control. The emphasis in the law is placed primarily not on saving budgetary funds, but on the result of the purchase, which should be directly related to the beginning of the procurement process - planning.

Secondly, the Law on the FCC allows you to resolve many provisions that have remained outside the scope of Law No. 94-FZ. As noted earlier, this is procurement planning, anti-dumping measures, the ability to terminate the contract unilaterally, etc.

Thirdly, despite the positive aspects of this draft law, we must not forget that the procedure for switching to new trading conditions will be lengthy and probably painful for both customers and suppliers. Both those and others need to be patient in order to study the norms of the new law for their successful application in practice. Customers will also need to undergo professional retraining in order to improve their skills.

Fourth, in order to put the FCC system into action, it is required to develop and adopt a large number of additional regulatory legal acts and amend existing documents. Without a timely resolution of this problem, the transition to the FCC will be impossible.

It remains to be hoped that all the positive aspects of the FCC Law will be applicable in practice, and all outstanding provisions will be clarified at the legislative level as soon as possible.

SpisOto liteRAtours

Federal Law No. 94-FZ of July 21, 2005 (as amended on December 30, 2012)

"On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" (as amended and supplemented, effective from 01.01.2013)

Federal Law N 44-FZ "On the contract system in the field of procurement of goods, works, services in the field of state and municipal needs"

Decree of the Government of the Russian Federation of September 4, 2013 No. 775 “On establishing the size of the initial (maximum) price of the contract when purchasing goods, work, services, in excess of which the contract establishes the obligation of the supplier (contractor, performer) to provide the customer with additional information”

Decree of the Government of the Russian Federation of August 26, 2013 No. 727 “On determining the federal executive body authorized to exercise the functions of developing functional requirements for the Unified Information System in the field of procurement, for the creation, development, maintenance and maintenance of the Unified Information System in the field of procurement, to establish the procedure for registration in the Unified Information System in the field of procurement and the procedure for using the Unified information system in the field of procurement.

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6. Describe the use of electronic systems in the FCS (Federal Contract System).

The Federal Contract System Law (hereinafter referred to as the FCC Law) came into force on January 1, 2014, but its impact on the public procurement market has been felt for several years. And the closer the deadline for the transition to the new law, the stronger the changes in the lives of customers and suppliers.

Electronic signature

The most significant change in terms of access to trading will be the transition of customers and suppliers to a new, qualified electronic signature (hereinafter referred to as ES). For suppliers, this means replacing one EDS certificate with another, while retaining the ability to bid on the five government-selected marketplaces and many commercial marketplaces. But for customers, the changes are more significant - they are moving from servicing in the certification center of the Federal Treasury to purchasing signature certificates and related services in commercial certification centers.

What does it mean?

Firstly, customers need to contact the certification center in advance and clarify the procedure for issuing an ES certificate, since it may differ from the procedure adopted by the Federal Treasury.

Secondly, customers need to prepare for the “deferred” receipt of the ES, since the final requirements for it have not yet been approved by regulations. In such a situation, it is very important to interact with a certification authority that promptly monitors changes in legislation and is able to notify the customer and start the procedure for issuing a signature certificate as soon as the requirements for it are approved.

Obtaining an Electronic Digital Signature (EDS)

Certificates of electronic keys digital signatures(hereinafter - EDS) used in the implementation of electronic document management during open auctions in electronic form should be made only by authorized certification centers.

Trading Rules

The Law on the FCC will change the rules for holding tenders, allow for centralized purchases, and significantly strengthen control at the stage of planning and justifying purchases. The update will also affect electronic auctions.

The procedures for accrediting suppliers, conducting an electronic auction, selecting a winner and concluding a contract will undergo minor changes. However, there are several points that customers and suppliers should take into account in advance. Firstly, there is a mechanism for unilateral refusal to execute a contract, available to both customers and suppliers (parts 8–26 of article 95 of the FCC Law). It can be pre-registered in the documentation of the electronic auction.

Secondly, the lists of goods, works, services, the purchase of which is carried out in the form of an electronic auction, may change. Reducing the number of positions in these lists will not necessarily lead to a reduction in the number of electronic auctions, since customers are assigned the right to conduct purchases of goods, works and services not included in the lists in the form of an electronic auction.

Thirdly, electronic document management may go beyond electronic auctions, since parts 1 and 2 of Article 5 of the FCC Law allow the transfer of documents in electronic form with any method of determining suppliers, and not only within electronic auctions. In this case, the documents must be signed by a qualified ES.

Within the framework of relations arising in the process of state. procurement, it is allowed to exchange electronic documents provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, between participants in the contract system in the field of procurement, including filing applications for participation in determining the supplier (contractor, performer), final proposals. At the same time, these applications, final proposals and documents must be signed with an enhanced electronic signature and submitted using a unified information system. (as amended by Federal Law No. 396-FZ of December 28, 2013)

2. Keys reinforced electronic signature, as well as certificates of electronic signature verification keys intended for use for the purposes of this Federal Law, are created and issued by certification centers that have received accreditation for compliance with the requirements of Federal Law No. 63-FZ of April 6, 2011 "On Electronic Signature", or in cases where provided for by international treaties of the Russian Federation, certification centers established in accordance with the rules of law of a foreign state.

(as amended by Federal Law No. 396-FZ of December 28, 2013)

3. The federal executive body for regulating the contract system in the field of procurement in agreement with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, the federal executive body authorized to exercise control in the field of procurement, establishes the procedure for the use of enhanced electronic signatures in a single information system and on electronic platforms, the procedure for interaction of certification centers with a unified information system and electronic platforms, the responsibility of such certification centers, as well as, together with the federal executive body in the field of security, establishes requirements for certificates of electronic signature verification keys and enhanced electronic signature keys used in a unified information system and on electronic platforms, including taking into account the obligations established by international treaties of the Russian Federation.

Development of an annual public procurement plan. Making changes to the annual procurement plan.

From this article you will learn:

Procurement plan development

Procurement plan developed on the basis relevant budget (development plan)(Clause 2, Article 5 (hereinafter referred to as the Law)).

Procurement planning begins with the consent of the customer within 10 working days from the date of approval (clarification) of the relevant budget (development plan).

Based on the positive proposal of the relevant budget commission, the customer has the right to develop and approve a preliminary annual plan for public procurement. The preliminary annual public procurement plan is valid until the approval of the annual public procurement plan.

Information on public procurement provided for in the preliminary annual public procurement plan shall be transferred to the annual public procurement plan.

Thus, we see that the work of public procurement specialists at the enterprise is closely related to the work of the planning and economic department.

Order about b approval of the procurement plan

The order on approval of the procurement plan puts into effect the annual procurement plan, establishes control over its execution and must contain the following information:

Purchasing plan content

The procurement plan (preliminary annual public procurement plan) must contain the following information:

1) public procurement identification code;

2) the range of goods, works, services according to the directory, including the amounts allocated for public procurement, excluding;

4) planned terms and place of delivery of goods, performance of work, provision of services;

5) the planned terms for the supply of goods, performance of work, provision of services in accordance with the schedule and breakdown by years within the allocated and provided amounts for each financial year in cases provided for in Article 43 of the Law;

6) conditions for public procurement for participation in public procurement

IMPORTANT! The customer, within five working days from the date of approval of the annual public procurement plan (preliminary annual public procurement plan), is obliged to place it on the public procurement web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of a limited distribution, determined by the Government of the Republic of Kazakhstan, which are provided to the authorized body without using the public procurement web portal.

Making changes to the procurement plan

Based on paragraph 7 of Art. 5 of the Law, customers have the right to make changes and (or) additions to the procurement plan no more than twice a month.

This requirement does not apply to the following cases:

1) public procurement state enterprises, legal entities, more than fifty percent of voting shares (stakes in authorized capital) which belong to the state, and legal entities affiliated with them;

2) execution of instructions, notifications on the elimination of violations identified as a result of control measures, including the results of in-house control;

3) the distribution of distributed budget programs, as well as when clarifying and adjusting the budget;

4) adoption of the decision provided for by subparagraph 1) of part one of paragraph 2 of Article 22 of this Law;

5) purchase of goods, services related to hospitality expenses;

6) the acquisition of goods, works, services at the expense of savings based on the results of public procurement.

★ What are the consequences for the customer if the procurement plan is not fulfilled? ★

Ekaterina Klopova

lawyer, author of the journal State Order. Questions and Answers, expert electronic system"ACTUALIS" by GC

At the end of the year, the customer should not have unfulfilled plan items. What needs to be done for this? What penalties are provided for non-fulfillment of the procurement plan?

The customer, within five working days from the date of the decision to make changes and (or) additions to the annual public procurement plan (preliminary annual public procurement plan), is obliged to place the changes and (or) additions on the public procurement web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution, determined by the Government of the Republic of Kazakhstan.

Order on changes to the procurement plan

The order on approval of amendments and additions to the procurement plan puts into effect the adopted amendments to the annual procurement plan, establishes control over its implementation and must contain the following information:

Responsibility

1. Press the button "Create an annual plan".

2. In the opened form "Creating an Annual Plan" fill in the fields

3. Check the box "Preliminary plan".

4. Not filling out the field , click on the button "Save".

5. The system will create a new preliminary annual plan with the status "Project", however, the plan items from the previous preliminary plan will not be transferred.

6. Add plan items, then approve the plan.

7. After the approval of the preliminary plan, the system will change the status of the preliminary annual plan from "Project" on "Approved", while the status of the previous preliminary annual plan will remain with the status "Approved".

1. Press the button "Create an annual plan".

2. In the opened form "Creating an Annual Plan" fill in the fields "Fiscal year", "Act number", "Act date", Attach a scanned copy of the approved document.

3. Check the box "Preliminary plan".

4. Press the button "Choose a variable pre-annual plan".

6. In the form that opens, select the changeable preliminary annual plan by ticking the box (if you need to combine several plans into one preliminary annual plan, select several) and click the button "Apply".

7. After that, the system will transfer all the plan items from the selected preliminary plans to the new annual preliminary plan.

8. The system will create a new preliminary annual plan with the status "Project".

9. Modify the new preliminary annual plan and approve.

10. After the approval of the preliminary annual plan, the system will change the status of the preliminary annual plan from "Project" on "Approved" "Changed".

1. Press the button "Create an annual plan."

2. In the opened form "Creating an Annual Plan" fill in the fields "Fiscal year", "Act number", "Act date", Attach a scanned copy of the approved document.

3. No need to tick "Preliminary plan".

4. Press the button "Choose a variable pre-annual plan."

5. The system will display a form for selecting a pre-annual plan to be modified.

6. In the form that opens, select the changeable preliminary annual plan using the checkbox (if you need to combine several plans into one annual plan, select several) and click the button "Apply".

7. After pressing the button, the system will transfer all plan items from the selected preliminary plans to the annual plan.

8. The system will create an annual plan with the status "Project".

9. Change the annual plan and approve.

10. After the approval of the annual plan, the system will change the status of the annual plan from "Project" on "Approved" at the same time, the status of the previous (-s) preliminary (-s) plan (s) will change to "Changed".

A file with an electronic template of the annual public procurement plan and instructions for its submission (import) to the Public Procurement Web Portal of the Republic of Kazakhstan (hereinafter referred to as the Web Portal) can be obtained on the Internet at http://goszakup.

Registration is required to submit the completed Annual Plan Template to the Web Portal. Registration instructions are available on the Web Portal in the "Reference Information\Registration" section. If you have previously completed the registration procedure on the Web Portal, re-registration is not required.

To successfully generate a file with an annual public procurement plan, please follow the procedure for filling in the fields of the electronic template below.

It is necessary and sufficient to fill in one of the attached files of the annual public procurement plan template at the choice of the customer.

After filling in the file in Excel, it is necessary to save it as Unicode text (*.txt) and import the received text file with the annual public procurement plan to the Public Procurement Web Portal via electronic workplace customer.

The following changes have been made to the methodology for filling out the electronic template of the annual public procurement plan in accordance with the Code of Foreign Economic Activities for 2011 compared to 2010:

General information

1) BIN of the customer - you must specify the BIN of the organization. This is the 12 digit code from the certificate of state registration(re-registration) of a legal entity;

2) TIN of the customer - you must specify the TIN of the organization. This is a 12-digit code from the certificate of the taxpayer of the Republic of Kazakhstan;

3) GI code - you must specify the code of your state institution. This is a 7-digit code according to the Directory of Government Agencies.

4) Fund - it is necessary to indicate the public procurement fund from the drop-down list:

Republican budget;

Regional budget;

District budget;

National Fund.

This item must be completed only government agencies;

5) Name of the customer (in the state language) - it is necessary to indicate the full name of the organization in the state language;

6) Name of the customer (in Russian) - it is necessary to indicate the full name of the organization in Russian;

7) Fiscal year - the template indicates the 2011 financial year for which the public procurement plan is being drawn up.

Public Procurement Plan

1) Field "No" - the serial number of the record (position) of the annual public procurement plan is indicated. The sequence number is indicated by integers without a dot.

2) The field "Plan item type" - you must specify the appropriate type of plan item from the drop-down list:

01 Purchases not exceeding the financial year

02 Purchases in excess of the fiscal year

03 Purchasing against notional savings

3) Field "Administrator code" - you must specify the code of the Administrator of the budget program. This item is filled only by government agencies. Specifies a three-digit integer without various punctuation marks (. ,\ / etc.);

4) Field "Program" - it is necessary to indicate the code of the budget program of the functional classification of expenses, within which the public procurement will be carried out. This item is filled only by government agencies. Specifies an integer without various punctuation marks (. ,\ / etc.);

5) Field "Subprogram" - you must specify the code of the budget program of the functional classification of expenses, within which the public procurement will be carried out. This item is filled only by government agencies. Specifies an integer without various punctuation marks (. ,\ / etc.);

6) Field "Specificity" - it is necessary to specify the code of specificity from the drop-down list economic classification expenses, within the framework of which the public procurement will be carried out. This item is filled only by government agencies;

7) The field "Source of financing" - it is necessary to indicate public procurement from the drop-down list:

External loans;

Money from the sale of GI goods (works, services) remaining at their disposal;

Sponsorship and charitable assistance;

Temporarily placed money of individuals and legal entities;

Letters of credit.

This item is filled only by government agencies;

8) Field "Code of goods, works, services (in accordance with the KP FEA)" - you must specify a six-digit code of goods, works or services in accordance with the reference book "Classifier of products by types economic activity". The directory is available in the template on a separate Excel sheet called "KP VED";

9) Field "Name of purchased goods, works, services (in the state language)" - it is necessary to enter the full name of the purchased goods, works, services in the state language. It is allowed to indicate the name from the KVED reference book in accordance with the entered code in the previous column;

10) Field "Name of purchased goods, works, services (in Russian)" - you must enter the full name of the purchased goods, works, services in Russian. It is allowed to indicate the name from the KVED reference book in accordance with the entered code in the previous column;

11) The field "Brief characteristics (description) of goods, works and services (in the state language)" - must be entered brief description the subject of procurement in the state language;

12) Field "Brief description (description) of goods, works and services (in Russian)" - it is necessary to enter a brief description of the subject of procurement in Russian.

13) Field "Method of procurement" - it is necessary to specify the method of public procurement from the drop-down list:

Contest;

Competition through electronic procurement (carried out using information systems and electronic information resources);

Competition using two-stage procedures

Competition using two-stage procedures through e-procurement

Request for quotations through e-procurement;

From one source;

From a single source through e-procurement;

At organized electronic auctions;

special order;

Without applying the norms of the Law (Article 4 of the Law "On Public Procurement");

Amendment of the contract (clause 3) clause 2 of Art. 39 of the Law "On Public Procurement");

Extension of the contract (clause 9, article 5 of the Law "On Public Procurement");

14) The field "Type of the subject of procurement" - it is necessary to indicate the type of the subject of public procurement from the drop-down list:

15) The field "Unit of measure (according to OKEI)" - it is necessary to indicate from the drop-down list the unit of measure of the subject of public procurement in accordance with the OKEI reference book - "General classifier of units of measure". This guide is available in your template on a separate Excel sheet called "OKEI". ATTENTION: for types of procurement items “Service”, the unit of measurement is indicated “5114 Service”, for types of procurement items “Work”, the unit of measurement is indicated “980 Work”;

16) The field "Quantity, volume" - you must specify the quantity or volume of purchased goods, works or services. A real number is specified with an accuracy of two decimal places; ATTENTION: for the types of procurement items "Service", "Work" the value of the column "Quantity, volume" is equal to one

17) Field "Price per unit, tenge" - you must specify the price per unit of the subject of public procurement in tenge. A real number is specified with an accuracy of two decimal places;

18) Field "Amount approved for purchase, tenge" - a calculated field. The value in this column is formed by multiplying the column "Quantity, volume" by the column "Price per unit, tenge" and indicates the amount for which it is planned to make a purchase. The amount is displayed in tenge with an accuracy of two decimal places;

19) The field "Forecast amount for the second year of the three-year period, tenge" - according to the rules for public procurement (section 1, paragraph 7-1), in this paragraph of the plan, it is necessary to indicate the amount planned for the second year of the three-year planning period, in tenge. A real number is specified with an accuracy of two decimal places;

20) The field "Forecast amount for the third year of the three-year period, tenge" - according to the rules for public procurement (section 1, paragraph 7-1), in this paragraph of the plan, it is necessary to indicate the amount planned for the third year of the three-year planning period, in tenge. A real number is specified with an accuracy of two decimal places;

21) The field "Planned period of public procurement (month)" - it is necessary to indicate from the drop-down list the month in which the procurement procedures are planned;

22) The field "Term of delivery of goods, performance of work, provision of services" - it is necessary to specify the terms of delivery of goods, performance of work, provision of services. The field is text;

23) The field "Code of the settlement (in accordance with KATO)" - it is necessary to indicate the code of the settlement in accordance with the KATO reference book - "Classifier of administrative-territorial objects". The reference book is available in a separate Excel sheet template "KATO";

Note 1:

For types of procurement items “Service”, the unit of measurement is indicated as “5114 Service”, for types of procurement items “Work”, the unit of measurement is indicated as “980 Work”, the value of the column “Quantity, volume” is equal to one, and the column “Price per unit” indicates the actual number up to two decimal places.

Note 2:

To call the drop-down list, you need to left-click on the cell of interest, and click on the arrow that appears

Note 3:

To make it easier to find the required item in large directories, use the "Find" function in the "Edit" menu by entering a keyword.

Note 4:

The application contains an example of filling out a template for a government agency.

Appendix to the methodology for filling out an electronic template
annual public procurement plan