The volume of purchases from SMP and Sonko. How to calculate the minimum purchase volume from SMP, sono. What makes life easier

Hello dear colleague! Recently, my support team has received a lot of questions on the topic of placing orders with small businesses (SMEs). Therefore, today I decided to write a short review article, and concisely, but to the point, answer all frequently asked questions. Since the majority of procurement participants (suppliers) belong to the category of small businesses, this article will be useful and relevant for most visitors to my site. Therefore, I propose to immediately go to the essence of our today's topic.

1. Definition of small and medium-sized businesses

Subjects of small and medium business - business entities ( legal entities and individual entrepreneurs), classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses Russian Federation» , to small enterprises, including micro-enterprises, and medium-sized enterprises.

2. Conditions to be met by small and medium-sized businesses

1. For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entitiesshould not exceed 25% (with the exception of the total share of participation that is part of the assets of joint-stock investment funds, the composition of the property of closed-end mutual funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium businesses,should not exceed 49% each.

1. The average number of employees for the previous calendar year must not exceed the following limits average population employees for each category of small and medium-sized businesses:

a) from 101 to 250 people inclusive for medium enterprises;

b) up to 100 people inclusive for small businesses;

in) up to 15 people - microenterprises.

Note: If purchases are made for small businesses (SMEs), then the number of employees should not exceed 100 people inclusive.

1. Proceeds from the sale of goods (works, services) excluding value added tax or the balance sheet value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Note: In accordance with the Decree of the Government of the Russian Federation of July 13, 2015 No. 702for small businesses, this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.

3. The volume of purchases from the SMP according to 44-FZ

In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMPs), socially oriented non-profit organizations (SONO) in the amount not less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.

According to part 1.1. Art. 30 44-FZ, when determining the volume of purchases, from small businesses, socially oriented non-profit organizations, the calculation of the total annual volume of purchases does not include purchases:

• to ensure the defense of the country and the security of the state;
• lending services;
• at sole supplier(contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
• works in the field of the use of atomic energy;
• in the implementation of which closed methods for determining suppliers (contractors, performers) are used.

4. Procurement methods from SMP

As follows from paragraph 1 of part 1 of Art. 30 44-FZ, purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways: , competitions with limited participation, two-stage competitions,, , requests for proposals.

5. List of purchases from SMP according to 44-FZ

Many suppliers are interested in the following question: Is there a list of goods, works, services under 44-FZ, the purchase of which must be carried out from small businesses? I will answer that there is no such list, therefore, any goods, works, services can be purchased with the provision of preferences for the NSR and SONO.

6. Features of the participation of small businesses in public procurement

1. The category of a small or medium-sized business entity is determined in accordance with the highest value condition (number of employees or revenue (value of assets)).

1. The category of a small or medium-sized business entity changes only if the limit values ​​for the number of employees or the amount of revenue (value of assets) are higher or lower than the specified limit values,during the years following one after the other.

1. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value of assets (residual value of fixed assets and intangible assets) for the period that has passed from the date of their state registration, do not exceed the established limit values.

1. Paragraph 1 of Part 1 of Art. 30 44-FZ establishes the maximum size of the initial (maximum) price of the contract when placing an order for the supply of goods, performance of work, for state or municipal needs at the NSR - 20 million rubles .

1. When determining suppliers (contractors, performers), notices of procurement establish a restriction on procurement participants, which can only be small businesses. In this case, procurement participants are required to declare their affiliation with small businesses in applications for participation in procurement.

1. The joint letter of the Ministry of Economic Development and Trade No. 7158-EE/D28i and FAS No. АЦ/13590/14 dated April 4, 2014 “On the position of the Ministry of Economic Development and the Federal Antimonopoly Service on the application of the norms of 44-FZ to relations related to the procurement from SMEs and socially oriented non-profit organizations” says following:

Article 30 of the Law on the Contract System establishes that a declaration is a document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals to receive benefits in accordance with Article 30 of the Law on the Contract System. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the contract system.

Those. Based on the above, it is enough just to declare your attitude to the NSR in the application and that's it. This will be enough.

Samples of declarations of compliance of the participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" You can download on the website in section paragraph 5.

1. According to part 15 of Art. 44 44-FZ the size of the security of the application for participation in the auction when placing an order with the SMPcannot exceed 2% the initial (maximum) price of the contract.

7. Administrative responsibility of the customer for non-compliance with the norms of the legislation on placing an order with SMP

Article 7.30 Code of the Russian Federation on administrative offenses liability is provided for non-compliance with the norms of the legislation on placing an order with SMP:

Part 11 Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .

Here, in fact, are all the main points that a supplier needs to know in order to participate in auctions placed for small businesses.

That's all for today. See you in the next editions!

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First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?" The law on the contract system establishes the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations (SONO). Let's take a closer look.

The first are duly registered legal entities (partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.

SONKO or SONO (socially oriented not commercial organizations) are faces created in certain forms (for example, public organizations, funds) in order to solve social problems, development of civil society and others provided for by Law No. 7-FZ.

Privileges and how to exercise them

The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. There are two ways to implement this privilege:

• (, competitions with limited participation, two-stage competitions, electronic auctions, and proposals), which can only be SMP and SONO;
• the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.

SSHS - what is it?

The total annual volume of purchases (GPO) is the total amount of funds allocated for the purchase of goods, works and services. The SSS is determined for the financial year. These funds are intended to pay for contracts in this financial period. To the question of whether it is necessary to include the cost of long-term contracts that were drawn up last year and are being executed in the current one, we answer: in this case, only the amount that is payable in the current period should be included in the SSS.

So, what is the cumulative annual volume of purchases for:

• to decide on the establishment contract service;
• to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP according to 44 Federal Laws, the percentage is 15%, as well as from SONO);
• to calculate the volume of goods and services purchased from;
• in order to determine the quantity of goods and services that can be purchased through a request for quotations.

Purchases from SMP under 223 FZ

Like the Law on the contract system, 223 FZ provides for bidding with the participation of small businesses. Features of such procurement procedures are established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:

• a tender, the participants of which can be any persons, including the subjects we are considering;
• a tender in which only small businesses participate;
• a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.

It should be noted that the annual volume of purchases from them is set at 18%.

Criteria for small and medium businesses:

44-FZ

The law uses the term "small businesses" or SMEs. Dedicated to the conditions of participation.

Quotas for NSR

Customers must purchase from SMP at least 15% of goods and services of the total annual volume of purchases. Every year, by April 1, they publish in the EIS a report on purchases from SMPs for the past year. You can only include purchases that indicated a small business benefit and those purchases went through. If the quota is not met, the institution will receive a fine of 50,000 rubles.

What purchases does SMP participate in?

SMP can take part in any purchase if the company meets the requirements of the customer and can fulfill the terms of the contract. But the purchases that the customer must make specifically among the NSR are more interesting. This means that among the competitors there will be no representatives of the middle and big business. Even if such participants submit applications, the customer will reject them.

The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. Use the declaration form provided by the customer or our template.

A customer can purchase from a small business in six ways:

• open competition,
• Limited Entry Competition,
• two stage competition
• Request for proposals.

What benefits apply?

1. The amount of the application security cannot exceed 2% of the NMC contract.
2. The customer must pay for the work or goods no later than 15 working days from the date of signing the acceptance certificate (part 8 of article 30 of 44-FZ). This item is included in the contract with SMP.
3. The customer has the right not to require contract security during tenders, electronic auctions and requests for proposals, if the winner was a representative of the SMP (GD RF No. 182 dated 11.03.2016). True, in practice, customers almost never use this opportunity.

What will make life easier?

Draft Law No. 623906-6 “On Amendments to the Federal Law “On the Contract System…” is being discussed. He will prohibit the involvement in the execution of the contract of a subcontractor who is affiliated with the customer. This will help to avoid situations when the company involves its own "daughters" in the execution of the contract. If the customer violates the prohibition, the purchase cannot be included in the Small Business Purchase Report. ​

From 2017, it will be possible to send applications for any procedures to the EIS electronically. For suppliers, this will reduce costs and leave no chance for the customer to juggle the results of "paper" procedures.

223-FZ

The law uses the term "subjects of small and medium-sized businesses" (SM&ME or SME). The law does not specify the conditions for the participation of SMEs in procurement, but there is a government decree No. 1352 that regulates such procurement. Customers are controlled by JSC Federal Corporation for the Development of Small and Medium Businesses.

Quotas for customers

If the company's revenue is more than 2 billion rubles, then from 2016 such customers must purchase goods and services from SMEs for 18% of the total volume of purchases, which is considered under the concluded contracts. At the same time, 10% of contracts must be concluded strictly among SMEs. The calculation is based on the amount of concluded contracts: if the announced purchase among SMEs did not take place, it will not be included in the report.

The customer lists in its OKPD2 regulation all goods and services that will be purchased from SMEs:

• If the NMC of the contract is not more than 50 million rubles, the customer is obliged to purchase from this list strictly from SMEs,
• If the NMC of the contract is from 50 to 200 million rubles, the customer decides for himself whether to purchase goods from SMEs or from large businesses.

If the customer does not purchase enough from small and medium-sized businesses, does not post information about this or posts false information, then from February 1 until the end of next year he will have to make purchases under the more stringent 44-FZ.

What purchases can SMEs participate in?

Procurement methods are determined by the customer in his position. The representative of the SME may take part in the tenders or other procurement methods that the customer conducts:

• "On a general basis": any supplier can participate;
• Especially for SMEs: purchases from the list of goods in the position of the customer;
• With the condition to attract SMEs for subcontracting: procurement participants describe in their applications a plan for attracting subcontractors from among SMEs.

Representatives of SMEs are required to declare in applications for participation in procurement their affiliation with small and medium-sized businesses. The declaration form is in Resolution No. 1352.

Privileges

1. 223-FZ does not oblige customers to require suppliers to secure an application and a contract. But if there is such a requirement in the procurement, then preferential conditions apply for SMEs:

• The amount of the application security cannot exceed 2% of the NMC of the contract;
• The amount of the contract security cannot exceed 5% of the NMC or is equal to the amount of the advance.

2. The maximum payment term under an agreement with SMEs is no more than 30 calendar days from the date of signing the acceptance certificate.

3. The customer has the right to approve its own partnership program for SMEs and provide benefits for its participants.

What will make life easier?

The State Duma is considering bill No. 821534-6, which:

• Establishes an exhaustive list of competitive procurement methods and basic requirements for the procurement procedure by these methods. Now there are about 14 thousand unique names of procurement methods on the EIS.
• Arrange quantity electronic platforms according to 223-FZ. This will make the process of registering suppliers on the platforms and preparing for trading procedures easier.

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 business entities are commercial organizations legal organizations and individual entrepreneurs), carrying out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to 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 companies and partnerships, at least one of the requirements of paragraph 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators for revenue and the average number of employees are considered.

Federal Law "On the development of small and medium-sized businesses 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 business.

Gradation of enterprises and limits set in each of the groups:

Micro enterprise: the amount of annual revenue without VAT should not exceed 120 million rubles, and the number of employees should not exceed 15 people.

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

Medium enterprise: revenue without VAT for the year - up to 2 billion rubles, and average headcount employees does not exceed 250 people.

The same rules for categorization apply to individual entrepreneurs. If individual entrepreneurs there are no employees, then only the amount of revenue received for the year will serve as a criterion. When using the patent taxation system, IP is referred to as a micro-enterprise.

All SMEs are entered in 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, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activity and the application of special tax regimes, in the reporting established by the legislation of the Russian Federation;

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

information that provides legal and individuals entered in the SMP register.

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

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

Purchase from small businesses 44-FZ

Public 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 the amount of at least 15% of their annual purchases. Such auctions can be carried out in the following forms:

open competition;

competition with limited participation;

two-stage competition;

electronic auction;

request for quotations;

request for proposals.

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

Also, a positive point in the procurement conducted only among small businesses is that the size of the application security for participation is set at no more than 2% of the NMCC. For comparison, in other procurements, the customer has the right to establish an application security in the amount of up to 5% of the contract price.

Involvement in the execution of the contract SMP or SONKO

During the 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 the SMP, and this part is credited to the customer in the volume of purchases for the reporting period made from small businesses and SONCO.

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 contractor from among the SMP, SONKO.

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

On October 18, 2017, changes were made to the legislation that affected the following points:

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

Calculation of the volume of purchases 44 FZ

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into the law on the contract system (140-FZ) pleased customers in many ways. But judging by the numerous questions, not everyone fully understood how to calculate the volume of purchases from SMP and SO NCOs(subjects of small business and socially oriented commercial organizations).Article 30 of the Law on the Contract System (44-FZ) sets out the procedure for purchasing from SMPs and SO NPOs. Now, unlike the previous law 94-FZ, there is no upper bar in percentage terms, but only a requirement is established that the volume of purchases be at least 15 percent of all purchases made through open competitive procedures (tender, electronic auction, request for quotations and request for suggestions). Part 1 of Article 30 establishes that customers are obliged to purchase from SMP and SO NPOs. But part 1.1 of this Article 30 explains how to calculate the total annual volume of purchases from which we will consider the minimum amount of purchases from SMP and SO NPOs (at least 15 percent ). So, the total amount of calculations of 15 percent does not include all purchases from a single supplier, i.e. purchases that the customer made under part 1 of article 93 (these are both monopolists and utilities, rental of non-residential premises, purchases of small volumes up to 100 thousand and 400 thousand rubles in accordance with paragraphs 4 and 5, and so on, and in total there are 37 points in this part). We subtract all of them before calculating the interest on small businesses.

For example, the total cumulative annual volume of purchases is 5 million rubles. Of these, 1 million are utilities and monopolists (communications), 1 million are purchases under clauses 4 and 5 of part 1 of Article 93 (small purchases up to 100 thousand and up to 400 thousand), 3 million - 3 electronic auctions with an initial (maximum) price of 1 million rubles. So for the SMP and SO NCOs, we must initially calculate as follows:

5 million -1 million -1 million = 3 million rubles

And from 3 million rubles, at least 15 percent, we must announce a purchase for the SMP and SO NCOs. As a result of this competitive purchase, it is necessary to conclude a contract in the amount of at least 450 thousand rubles (15% of 3 million). More is possible, less is not. Therefore, for example, one of the auctions (for 1 million rubles) can be announced for SMEs and SO NPOs. If there is a decrease of 20 percent and we conclude a contract for 800 thousand, then we will fulfill the requirements of Article 30. But if the announced purchase does not take place (one participant comes), then the customer will go to the regulatory authority for approval and, if the decision is positive, will conclude a contract with a single supplier under clause 25, part 1, article 93 in the amount of 1 million rubles and this amount will not be included in 15 percent. We recalculate the amount of purchases from SMP and SO NCOs.

5 million - 1 million (communal and monopolists) - 1 million (up to 100 thousand) - 1 million (for a single supplier under clause 25) = 2 million rubles. The customer is obliged to purchase from SMP and SO NCOs at least 15 percent of 2 million rubles or for an amount (according to our example) of at least 300 thousand rubles.

If the customer has a small total annual volume of purchases and all purchases are made under part 1 of article 93, then he may not make purchases from SMP and SO NCOs. Read part 1.1 of article 30 that purchases from a single supplier are not included in the total calculation of purchases from SMEs and SO NPOs.

In addition to regular tenders, there are special tenders that are allocated exclusively to small businesses. Such purchases have additional requirements and benefits for suppliers. For the convenience of suppliers, we provide contract services according to any, even the most narrow criteria.

Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in the amount of at least 15% of the total annual volume of contracts concluded. In order to fulfill the standard, Federal Law 44 provides for 3 mechanisms.

Firstly, the volume of purchases of 15% can include contracts concluded with SMEs that won in purchases conducted among all suppliers (for example, a regular purchase was announced, but SMEs won it);

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

Thirdly, the contracts concluded by the participants (performers, contractors) with co-executors from among the SMPs go towards the fulfillment of the standard. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that, in order to fulfill the contract, he must attract subcontractors from among the SMP. Such contracts also fall into the total number of contracts concluded with SMEs (15%).

As you can see, for the customer there is a strict regulation on the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to tenders for small businesses in the first place - they are much more profitable and transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.

Result in numbers:

30%

is the amount of the maximum advance in the framework of support for small businesses

Experts of the Entrepreneurship Support Center, having studied all existing small business support programs, using their accumulated experience, and close interaction with various government agencies, have developed a unique scheme of work on state and commercial tenders for small businesses, you will receive profitable contracts with advance payment and with all possible advantages, as well as at minimal cost!

Contact us, tell us about your business or idea

And we will help you realize your dream project!

The main advantages of purchasing from Small Business Entities and Socially-Oriented Non-Profit Organizations under 44-FZ

The Federal Law uses the designation SMP - "Small Business Entity". The format of participation in procurement is described in detail in, within which customers are required to conclude at least 15% of all contracts with SMP from the total volume of transactions concluded. At the end of the year, before April 1, customers place in the EIS data on tenders allocated for SMP for the entire past year. It is allowed to include in the report only those purchases in which the advantage for SMP was registered and these tenders took place. If the quota is not met, the organization will receive a substantial fine!

SMP can participate in any tender if the organization meets the criteria of the customer and is able to fulfill the terms of the contract. Tenders, which the customer is obliged to place exclusively for small businesses, have a number of benefits. This means that there will be neither large nor medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMTsK purchases from the SMP under 44 Federal Laws cannot be more than 20 million rubles. To apply, suppliers attach. And since 2017, an extract from the Federal Tax Service from the new unified registry SMP.

Result in numbers:

2%

is the amount of the maximum security in the framework of support for small businesses

Benefits for tenders for small businesses under 44 FZ

• Approved advance payment up to 30% of the contract value.
• Terms of calculations for the work performed - strictly up to 15 days.
• The size of the application security is no more than 1% or 2%.
• Enforcement is not more than 5% or 10%.
• Neither medium nor large competing companies can participate.
• Involvement of SMEs through subcontracting, the relevant requirement in the tender documentation.

Of the upcoming changes, the Federal Law approves “On Amendments to the Federal Law “On the Contract System…”. The bill will no longer allow a subcontractor affiliated with the customer to be involved in the implementation of the tender. This will eliminate cases where the organization subcontracts construction to its subsidiaries. If the institution violates the Federal Law, then such a contract cannot be placed in the procurement register from the SMP. Another innovation will concern the fact that since 2017 it is possible to send applications to the EIS for any form of tender selection in in electronic format. For the participants, this will reduce costs, as well as eliminate the corruption component when falsifying the results during the "paper" procedures.

Describe what services or products you supply

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How purchases are made from small enterprises under 44 Federal Laws

The law defines the privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter - SMP, SONKO) in the procurement of goods, works, services for state or municipal needs. Customers are obliged to purchase from SMP and SONKO in the amount of at least 15% of the total annual purchase volume through various tenders: open competitions, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles. (part 1 of article 30 of Federal Law-44).

Purchasing from SMP and SONCO is a separate procedure - its participants are exclusively SMP and SONCO, and a corresponding restriction is established in the notices of procurement. In this case, procurement participants are required to declare in their applications for participation in procurement their affiliation with the SMP or SONKO (part 3 of article 30 of Federal Law-44). You can download all the necessary declarations and certificates in the section.

In the event that purchases from SMP or SONCO are recognized as failed, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONCO, and make purchases on a general basis (part 4 of article 30 of FZ-44).

The customer has the right to establish in the notice of procurement a requirement for a supplier (executor, contractor) who is not an SMP or SONCO to involve co-executors from among the SMP or SONCO in the execution of the contract. At the same time, the condition on the involvement of subcontractors, co-executors from among the SMP, SONKO in the execution of contracts is included in the contracts indicating the volume of such involvement, set as a percentage of the contract price.

In the event that the notice of procurement establishes restrictions on the participation of exclusively SMP and SONCO, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition for the customer to pay for the delivered goods, work performed (its results), services rendered , individual stages of the execution of the contract no more than within fifteen days from the date of signing by the customer of the acceptance document.

The state or municipal customer is obliged to provide part of his needs through contracts with small enterprises or non-profit organizations, doing it in the following ways, similar to the way:

• Conducting purchases (competitions, auctions, quotations) specifically for these persons. At the same time, the initial price of the contract should not exceed 20 million rubles, the size of the security for the participant's application - no more than 2% of the initial purchase price. The documentation must contain a condition for admission to participation only of SMP and SONCO. After fulfillment of obligations by the supplier/performer/contractor, payment must be transferred to him no later than 30 days.
• Indicating in the procurement documentation the obligation of the winner to involve co-executors from among small businesses in the execution of the contract (a specific percentage of the contract price, but not less than 5%).

If the procurement is carried out among the SMP / SONCO, the procurement participant declares his affiliation to these entities as part of the application. The form of such a declaration is not approved, and is drawn up arbitrarily. If the organization is already included in, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits are not provided for by law for everyone.

It is important to remember that for the provision of false information, the contract with the winner may be terminated by the decision of the customer.

Administrative responsibility for non-compliance with the norms of the legislation on placing an order with SMP is determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:

• violation of the deadlines for posting information in a single information system purchases during a competition or auction less than two days, relies a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
• in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
• violation of the deadline for posting information when requesting quotations or proposals from small businesses no more than a day - 3 and 10 thousand rubles for individuals and legal entities;
• similar violation with delay more than a day - 15 and 50 thousand rubles;
• violation of the requirements and procedure for posting information on purchases from small businesses entails a fine of 15 and 50 thousand.

Detailed standards are presented in the section. Penalties are also due for other administrative violations - unlawful refusal, non-compliance with the requirements for keeping records and reporting. Separately, it should be noted penalty for non-compliance with the established volume of purchases for small businesses - it is 50 thousand rubles.

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How to start searching for suitable auctions for small businesses under Federal Law No. 44

You can search for the information you need on your own, buy a procurement monitoring program and hire tender specialists with suitable experience, or apply to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most affordable prices with a guarantee of a positive result.

Result in numbers:

1 month

is maximum term conclusion of the first successful contracts

We will promptly check your organization for compliance with all criteria, order an extract and inform you about the result. After that, we will coordinate with you and prepare the constituent documents and declarations required for further work with tenders and financing.

When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which advance payments and short settlement terms are approved, and we will also provide access to the Multifunctional Account, which will provide you with all the necessary information.

The corporate procurement market is a tasty morsel contract system, which has been out of reach for small and medium businesses for a long time. Special government customers chose more serious suppliers for their tenders, and 223-FZ did not greatly restrict them in this. However, in May 2013, the Government of the Russian Federation issued Decree No. 867-r, designed to expand access for small and medium-sized businesses (SMMEs) to the procurement of monopolies and companies with state participation.

The action plan involves the removal of barriers to the participation of small and medium-sized businesses in tenders under 223-FZ and an increase in the share of purchases from SMEs. The norms affected only certain state customers listed in Government Decree No. 1352. The resolution also regulates the annual volume of purchases from SMEs, the specifics of their implementation and reporting requirements.

In accordance with the Federal Law 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", SMEs are legal entities and individual entrepreneurs related to micro-, small and medium-sized enterprises according to the following criteria:

1. For legal entities:

• The share of state, municipal participation, as well as the participation of religious, charitable organizations and foreign capital in the authorized capital does not exceed 25%.
• The share owned by one or more legal entities that are not SMEs does not exceed 25%. The requirement does not apply to companies engaged in programming, development of databases and other technological products, the exclusive rights to which belong to their founders - budgetary and autonomous scientific institutions.

2. For everyone:

• The average number of employees for the previous calendar year is: up to 15 people for micro-enterprises; 15-100 people for small businesses; 101-250 for medium enterprises.
• The proceeds without VAT or the book value of assets for the previous calendar year does not exceed: 60 million rubles for micro-enterprises; 400 million for small businesses; 1000 million for medium enterprises.

A document confirming the status of a small and medium-sized business entity is a declaration, the form of which is in the annex to Resolution No. 1352. Since 2016, the Federal tax service a register of SMEs is maintained, so an extract from it can also serve as confirmation of status.

Which customers are required to purchase from SMP in 2018

From January 1, 2016, the obligation to conclude contracts with small and medium-sized businesses under 223-FZ is assigned to customers referred to in the law as “individual”:

• Companies with annual revenue for the previous calendar year of more than 2 billion rubles. Moreover, it is the indicator of revenue from the sale of goods / works / services that is taken into account - that is, the company's own profit. And, for example, state subsidies are not counted in revenue - these are “other incomes”.
• State-owned companies established on the basis of federal law (for example, Avtodor State Corporation).

In addition to “individual” the law provides for “specific” customers:

• OAO "Oil Company" Rosneft ",
• PJSC "MOESK" and some others.

Features of procurement under 223-FZ from SMP

If the initial price of the procurement contract is less than 50 million rubles, the customer is obliged to conduct it among small and medium-sized businesses. If more, it can attract any suppliers.

The law does not limit customers in choosing the type of tenders: goods / works / services can be purchased from medium-sized businesses both on a competitive basis and in the form of a purchase from a single supplier. You can also choose the share of SMP participation in the tender:

• Any suppliers, including SMEs, take part in the purchase.
• Procurement only among SMEs.
• Procurement with a mandatory condition for attracting small and medium-sized businesses as subcontractors.

In total, for “individual” customers, the volume of purchases from SMP for the year should be 18% in value terms. The share of purchases among SMEs alone is 10%. At the same time, the annual volume of purchases of the customer is not counted some specific types of goods, works and services, which cannot be produced by SMEs.

For example, services educational organizations. “Specific” customers are obliged to purchase innovative and high-tech products from SMP in the amount of 5% of the annual volume of purchases.

For non-fulfillment of procurement obligations from SMEs, customers are subject to penalties. Part 8.1 of Article 3, which entered into force in January 2017 federal law 223-FZ provides for punishment for this in the form of transferring the customer to purchases under 44-FZ during the next calendar year, starting from February 1.

If you are interested in purchasing from the SMP, then the extended version of the Synapse.Pro tender search will help you distinguish them from the crowd thanks to the appropriate settings.

Report on the volume of purchases from SMP

1. Every month, all government customers draw up a report on the number and total cost contracts concluded with SMEs - clause 4 of part 19 of article 4 of the Federal Law 223-FZ.
2. Every year, “individual” customers draw up a report on the purchase of goods, works, services from SMEs and publish it in the EIS - Part 21 of Article 4 of the Federal Law 223-FZ. The form of the report on the volume of purchases from the SMP was approved by Decree No. 1352.
3. Annually “specific” customers who are required to purchase from SMP innovative products, additionally form a report on its purchases and publish it in the EIS - Decree No. 1442.

Test yourself by answering the following questions:

1. The income of the state customer for the previous calendar year amounted to 2.5 billion rubles. Of these, 1 billion came in the form of state subsidy and is reflected in the balance sheet as “other income”. Is the customer obliged to make purchases from SMEs in the current year, in what volume?

2. What awaits a customer who makes purchases under 223-FZ, if during the calendar year he purchased products from small and medium-sized businesses in insufficient quantities?