Speaker: P. Snisarenko
Today we will talk about planning in the light of Federal Law No. 223-FZ of July 18, 2011 No. 223-FZ “On the Procurement of Goods, Works, Services certain types legal entities"(hereinafter - Law 223-FZ).
It would be wrong to say that no one was engaged in planning before the entry into force of Law 223-FZ: planning was carried out in all organizations. Another question is that everywhere it happened in its own way, was regulated by its own regulations.
And with the introduction of law 223-FZ, the issue of planning, like other issues related to procurement by all corporations, institutions and organizations that fall under the law 223-FZ, became regulated. It must be admitted that it is not strictly regulated.
As well as the entire law 223-FZ, it establishes only certain areas of the customer’s activities, defines certain boundaries of his actions, and all details related to the placement of purchases are regulated by their normative document, that is, the provision on procurement, as stated in the law 223-FZ itself.
How did the need arise for the implementation of procurement planning, which has a general regulation?
In 2011, the President of the Russian Federation Dmitry Medvedev at a meeting of the Commission for the Modernization and Technical Development of the Russian Economy in Magnitogorsk made a speech, which was subsequently modified into the list of instructions of the President of the Russian Federation No. Pr-846 dated 02.04.2011, which included two points, directly related to today's topic of our conversation.
It was instructed to ensure that state corporations and state-controlled companies take decisions to reduce the cost of purchasing goods (works, services) per unit of output by at least 10% per year for three years in real terms; take into account the results of such a reduction as key indicator evaluating the performance of such organizations and their leaders.
The next point, directly related to planning, instructs to ensure the introduction of a procedure for the preliminary publication by the largest state companies of information on planned purchases, including the cost of relevant goods (works, services), as well as on concluded contracts (contracts).
As you can see, these two issues are directly related to planning: without planning, it is impossible to initially focus on cost reduction if you do not know what the costs were in past periods and what costs are planned in the future. The preliminary publication, which the president spoke about, should be considered as a public offering of purchases that are supposed to be made by state corporations, institutions and companies that fall under the law 223-FZ.
Now directly about the law 223-FZ. A significant number of amendments have already been made to it. The latest version to date was approved by the Federal Law of December 28, 2013 No. 396-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”.
Goals set by law 223-FZ
What are the goals set by the law 223-FZ?
- Expanding opportunities for legal and individuals in the procurement of goods, works, services for the needs of the customer. This issue is directly related to planning, because only the expansion of information capabilities, which state corporations are guided by today when making purchases, will attract maximum amount participants. There is a simple logic behind this: the more participants come, the higher the likelihood that the customer will purchase the products necessary to meet his needs with maximum quality and minimum price, that is, with best conditions suggestions.
- Creation of conditions for timely and complete satisfaction of the needs of customers in goods, works and services.
- Ensuring the unity of the economic space. With the introduction of the law 223-FZ, everyone began to purchase according to the same rules. It certainly does not mean the whole country, because there are state and municipal customers who purchase products in accordance with a different regulatory legal act- Federal Law No. 44-FZ dated April 5, 2013 “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law 44-FZ). We are talking only about customers that fall under the law 223-FZ: state-owned companies, institutions, corporations with more than 50% authorized capital state or municipal - let's call them corporate buyers.
- Development of fair competition.
- Efficient use of funds.
- Stimulating the participation of legal entities and individuals in the procurement of goods, works, services for the needs of the customer. While such stimulation is not visible openly.
- Prevention of corruption and other abuses and ensuring publicity and transparency of procurement. Law 223-FZ obliges all corporate customers to post all information about procurement procedures online: the customer is obliged to place all documents related to the procurement on the official website within a certain period established by law; give participants a certain time to prepare applications, answer questions that arise from participants (post a question and an explanation on it on the website without indicating the participant to whom the explanation is addressed); as well as all protocols. Each participant has the right to send a request to the customer about the results of the procurement. This complicated the work of the buyers, but everything was moving towards this.
.JPG)
At the same time, Law 223-FZ does not regulate relations related to the selection by the customer of an audit organization for a mandatory audit of the accounting (financial) statements of the customer in accordance with Article 5 of Law No. 307-FZ of December 30, 2008 “On audit activity". How this is done, we will consider later.
Now directly to the question procurement planning. It should be noted here that Law 223-FZ says that the customer is obliged to post on the official website (zakupki.gov.ru) a plan for the purchase of goods, works and services for a period of at least one year. At the same time, the Government reserved the right to establish: the procedure for the formation of a plan for the procurement of goods, works and services; the procedure and terms for posting the procurement plan on the official website; requirements for the form of the procurement plan.
In addition, the customer must also post a procurement plan for innovative and high-tech products, medicines for a period of five to seven years. The criteria for classifying goods, works and services as innovative and high-tech products for the purposes of developing a procurement plan for such products are established by the federal executive authorities that carry out the functions of legal regulation in the established field of activity.
I draw your attention to the transitional provision reflected in the law 223-FZ. The law comes into force on January 1, 2012, with the exception of part 3 of Article 4, which will come into force on January 1, 2015. This article is precisely about the fact that the plans for the purchase of innovative products, high-tech products, medicines until January 1, 2015 are posted by customers on the official website for a three-year period, and from 2015 - for five to seven years.
In the event that the auction is declared invalid.
A complaint may be sent to the antimonopoly authority by mail or facsimile, Email or otherwise. The antimonopoly body is obliged to consider the complaint within seven working days from the date of receipt of the complaint.
Accommodation features orders for a mandatory audit of accounting (financial) statements.
In accordance with the Federal Law of December 30, 2008 No. 307-FZ “On Auditing Activities”, an agreement for a mandatory audit of the financial statements of an organization in the authorized capital of which the share state property is not less than 25%, as well as to conduct an audit of the financial statements of a state corporation, state company, state unitary enterprise or municipal unitary enterprise is concluded with an audit organization or an individual auditor, determined by holding at least once every five years an open tender in the manner established by the legislation on the contract system in the field of procurement of goods, works and services to meet state and municipal needs.
The Government of the Russian Federation has the right to establish:
Features of the participation of small and medium-sized businesses in the procurement carried out by hotel customers;
The annual volume of purchases that these customers are obliged to make from such entities, the procedure for calculating the specified volume;
The form of the annual report on the purchase from small and medium-sized businesses and the requirements for its content.
Questions from listeners
Question: Are there limits on the amount of changes to the procurement plan?
Answer A: No, there are no such restrictions. The main thing is to make changes in a timely manner.
Question: We have posted the Procurement Regulations. Now, taking into account the changes, the Regulations have been changed and approved by its founder. Is it considered in this case that we have changed the Regulation or is it considered that we are approving a new regulation?
Answer: You have already posted it, so make changes
Question: Should the Procurement Regulations specify the procedure for determining the basis for the initial (maximum) price?
Answer: I do not recommend doing this, because everyone will know how you formed the price. Prepare a separate regulation of your own, according to which you will determine the procedure for your purchasing unit, which will determine this price. Law 223-FZ only says that the customer must indicate the initial price of the contract, and not explain how it was formed.
Question: If during the year there are no purchases with the placement of a notice on the website, how to properly comply with the law regarding the placement of purchases for small businesses?
Answer: I understand that since your purchases are still going on, it means that you work according to the law 44-FZ. If so, then post information in accordance with this law.
Question: The law states that purchases worth up to 100 thousand rubles are not included in the plan, but the report still reflects all purchases?
Answer: I agree, the report reflects all purchases. But you can include in the plan, you can not include. The law does not say that such purchases should not be included in the report.
Question: All changes made to the Procurement Regulations must be formalized in separate documents - for example, “state in the next edition”?
Answer: Yes, it's better that way, and place it together with the amended Procurement Regulations. A new Regulation and changes to it are posted.
Question: Which OKVED classifier should be used?
Answer: It is necessary to apply the classifier, which is reflected in Resolution 932.
Question: Is it necessary to plan the purchase of medicines for the school medical office in the amount of 5 thousand rubles?
Answer: It is necessary to plan, another question is whether to include it in the plan. Up to 100 thousand rubles can be omitted.
Question: Is it possible to conclude a direct contract up to 400 thousand rubles for budgetary institutions?
Answer: Focus on your Position. If your Procurement Regulations indicate that the price threshold for concluding such contracts is 400 thousand rubles, then sign it.
Question: If the contract was concluded before December 31, it was included in the procurement plan for January, is it possible to remove such a purchase from the procurement plan?
Answer: Can. This is a plan change.
Question: How to identify purchases from small businesses?
Answer: The procedure for classifying entities as small and medium-sized businesses will be reflected in separate regulations.
Question: How to hold open competition by audit?
Answer: Strictly in accordance with the requirements of the law 44-FZ.
Question: How a document containing changes to the procurement plan is posted on the site.
Answer: Just as you place the plan and the modified form of the plan, so are the changes placed. Just attach the document. In what form, you saw - the law allows you to post in several ways; the main thing is that you can selectively read, find information of interest and copy this document to all users of the site.
Question: If the report for January is not posted, what threatens us?
Answer: If according to the law 223-FZ, then nothing so far.
Question: How to purchase diesel fuel under 223-FZ? The price jumps almost every day.
Answer: Indeed, suppliers of fuels and lubricants do not enter into long-term contracts. In this situation, it is necessary either to carry out the procedure more often, or, if the Regulations allow, to conduct direct purchases.
Question A: Goods are purchased for resale. Should it be included in the plan?
Answer: Yes, because you buy them anyway.
Procurement conducted by enterprises with a high share of state participation is carried out in accordance with Law No. 223-FZ. Compilation and placement in public access the plan of such purchases is a procedure necessary for the customer, and the procedure for drawing up the plan depends on the initial price of the contract with the contractor, the objects of the purchase and the methods of its implementation.
Depending on the objects of procurement, there are two main options for the formation of a procurement plan according to 223-FZ:
- for a period of at least one year;
- for a period of 5 to 7 years.
For a period of 5-7 years, a plan is formed if the objects of procurement are innovative or high-tech goods or services, as well as medicines. Otherwise, the minimum plan duration is one year.
The procedure for drawing up a procurement plan depends on the method of its implementation, the main methods include:
- contract with .
The procurement plan for a limited number of persons is not posted in the EIS.
Fragmentation of purchases
It is important to take into account that the customer may not include purchases in the amount of less than 100,000 rubles in the plan, and if the organization’s annual profit exceeds 5 billion rubles, then the plan may not include purchases in the amount of up to 0.5 million rubles (part 15 of article 4 of the law No. 223).
In this regard, customers often carry out the splitting of purchases, that is, the division of one large purchase into several smaller ones, for each of which the contracts are less than 100,000 rubles, in order to exclude such purchases from the plan and determine the contractor at their discretion.
Control authorities distinguish the following signs of fragmentation of purchases:
- multiple purchases one and the same ;
- identical conditions for a number of small purchases one customer;
- choice of the same for several similar purchases in a non-competitive way.
Customers can justify the signs of splitting by the need for different delivery times for one product or by the monopoly of the current contractor on the market. It is important to consider that unreasonable splitting can lead to administrative liability in the form of a fine of 30,000 rubles (Article 7.29 of the Code of Administrative Offenses).
Instructions for forming
Creating and publishing a procurement plan occurs in the following order:
- The customer determines the volume necessary goods, works or services, as well as the timing of their delivery.
- A procurement regulation is being developed for the next calendar year.
- Based on the provision, a procurement plan is drawn up and approved.
- The procurement plan is located in.
- If necessary, the plan is amended.
The customer must publish the plan in the EIS within 10 days after signing the order to approve such a plan, while the plan for the next year must be published before December 31 of the previous year (clause 14 of Resolution No. 908).
The following information must be included in the plan:
- contact details and details;
- plan number since the beginning of the year;
- subject of each purchase;
- descriptions of objects of procurement(goods, works or services);
- units procurement objects;
- delivery region;
- purchase method and starting price(if necessary);
- terms of the contract;
- nature of the procurement(with or without involvement);
- information on the presence in the list of objects of medicines or innovative products;
- information about participation in the procurement of small or.
As the subject of the procurement, you must specify the provision of services, the supply of goods or the performance of work. Descriptions of procurement objects should allow them to be uniquely identified; objects on the procurement portal (KTRU) or information from the All-Russian Product Classifier (OKPD 2) are used as a template for describing objects.
It is important to know that when creating a procurement plan for high-tech or innovative goods, as well as medicines with the involvement of small and medium-sized businesses as contractors, the draft plan is checked and evaluated by regulatory authorities for compliance with legislative norms (clause 4.1 of Decree No. 932).
The plan should be divided into periods equal to a quarter or a month. Purchases with an initial price below 100,000 rubles should be marked in the plan with zero values, indicating only the number and date of the purchase.
How to make changes
- when the need changes in goods or services;
- when changing the required deadlines order execution;
- when the value changes the necessary objects by more than 10%;
- otherwise provided for in the Procurement Regulations.
If, when preparing for the purchase and calculating the initial price, it turns out that the increase in the cost of purchased goods on the market does not allow meeting the planned costs, the plan is adjusted in accordance with paragraphs. “b” clause 8 of Resolution No. 932.
The rationale for the changes made is indicated in the plan, if it is provided for by the Procurement Regulations.
Changes can be published in the EIS within 10 days after the signing of the order to adjust the plan. If the purchase is carried out in the form of a tender or auction, then changes to the plan after the publication of the final version of the notice of purchase are not allowed (clause 9 of Resolution No. 932).
The electronic procurement plan reflects the basic information about the number of objects needed by the customer, their characteristics and delivery times. You can avoid mistakes when placing a procurement plan by detailed description all positions standard form plan, taking into account the requirements of the procurement legislation.
The procurement plan under 223-FZ may be adjusted if necessary, and all changes to the procurement plan must be recorded on the official website.
If the plan is updated, the following documents must be published:
- Procurement plan in a new edition;
- A document containing a list of plan adjustments.
A change in the procurement plan must be justified and possible in the following cases:
1. In the event of a change in demand for goods, works or services. This also applies to the timing of the acquisition, the method of implementation of the purchase and the term of the contract. 2. If the changes relate to the cost of goods, works or services planned for the purchase by more than 10%. 3. In other cases, which are prescribed in the Procurement Regulations and documents of the customer.
In the Procurement Regulations or other regulatory document, the customer has the right to establish cases in which the revision of the plan is possible, and an order to amend the procurement plan is also required.
If the method of procurement of goods or works or services is a tender or auction, changes to the procurement plan can be made no later than the publication of a notice or procurement documentation or changes to the documentation and notice.
The procurement plan for goods, works and services must contain the following information:
- name, location address, phone number and e-mail address of the customer;
- serial number, which is formed sequentially from the beginning of the year;
- the subject matter of the contract, indicating identification code purchases in accordance with one of the classifiers that we use;
- minimum necessary requirements requirements for the purchased goods stipulated by the contract, including functional, technical, qualitative and operational characteristics of the subject of the contract, allowing to identify the purchased products;
- units of measurement for purchased goods, works and services and code for All-Russian classifier units of measurement (OKEY);
- information on the quantity (volume) of purchased goods, services and works in physical terms;
- the region for the supply of goods, the performance of work, the provision of services and the code according to the All-Russian classifier of objects of administrative-territorial division (OKATO);
- information on the initial (maximum) contract price (lot price);
- the planned date or period for placing a notice of purchase (year, month);
- term of the contract (month, year);
- purchase method. It is assumed that any potential procurement participant, having seen how the customer plans to place an order, will open the position of the participant and get acquainted with the conditions, with the regulations of that particular method of procurement;
- whether the procurement is carried out in electronic form (yes / no).
Organizations public sector or with big share participation in them, the states work mainly on federal law about purchases. Sometimes the situation changes and requires payment. We'll tell you how to do it.
Mechanism
To contribute changes to the procurement plan under 223-FZ, need:
- find out if there is such a need;
- understand what adjustments can be made to the plan;
- make changes to the procurement plan under 223-FZ;
- post changes to common base data (single information system- EIS).
Foundations
In some cases, it becomes necessary to adjust the procurement plan. For example, when prior to signing a deal:
- the customer wanted to purchase other or additional goods(works, services), he is satisfied with a different delivery time and execution of the contract, the procurement procedure, the requirements for the subject have changed, etc.;
- at the preparatory stage, the prices for the goods grew by at least 10 percent, as a result, the planned finances are not enough;
- the reason to adjust the plan arose from the procurement regulation or other administrative document for the organization (order, etc.).
Note that in the second case, the Ministry of Economic Development of Russia obliges to make changes to the procurement plan under 223-FZ(letter No. D28i-1364).
In practice, the need to changes to the procurement plan under 223-FZ may arise due to possible or already occurred force majeure (emergencies, accidents, etc.), when the organization suddenly became a contractor under a government contract. If a previously planned purchase failed, this is also a reason to transfer money to a new purchase and adjust its subject upwards.
But when changes to the procurement plan under 223-FZ do not (see table):
| Situation | Example |
| The main terms of an already concluded contract have changed | For example, the scope of delivery, cost, deadline. The Ministry of Economic Development believes that in this case there is no point in changing something. |
| The law does not allow purchasing data to be included in the plan | When the purchase is related to the state. secret |
| Purchase data may not be included in the plan | The transaction price will not exceed RUB 100,000. |
| Due to an emergency or its threat, I had to make a purchase | Procurement information can be included in the plan after the fact |
What can be changed
On practice changes to the procurement plan under 223-FZ may concern:
- supplementing it with information about the next purchase;
- removal of data on the failed procurement from it;
- changing the parameters of an already planned purchase;
- adjustments to the total number of purchases planned for the year and other indicators that are in the section of the plan that includes small and medium-sized businesses.
The customer always determines for himself what specific adjustments need to be made to the plan for each case.
According to the Ministry of Economic Development (letter No. D28i-1001), a new position should not be included in the plan in two cases:
- the planned purchase did not take place and a second one is needed;
- the contract had to be concluded with a single contractor.
In these cases, it is necessary to correct the data on the previously planned purchase: the schedule of its progress and (or) information on the procurement procedure.
How to deposit
For changes to the procurement plan under 223-FZ you need to go through two main stages (see table):
EXAMPLE
Situation: There is no purchase information in the plan. It is carried out through a competition or auction.
Solution: the plan needs to be adjusted BEFORE placing a notice of purchase in the EIS.
How to post
Now how to place changes to the procurement plan under 223-FZ in the EIS. The organization must (see table):
| № | Action |
The procurement plan under 223-FZ (Law "On Procurement ..." dated July 18, 2011 No. 223-FZ, hereinafter - Law No. 223-FZ) has a form and content determined by the legislator. Below we will tell you what regulations you need to use when drawing up a plan, how to fill it out and change it if necessary.
Planning in accordance with current legislation: law and decree of the Government of the Russian Federation
Procurement planning activities by organizations subject to Law No. 223-FZ are regulated by the following sources:
- Basic Law No. 223-FZ includes only reference norms to by-laws, which contain precise instructions on the form of the procurement plan under 223-FZ and on the rules for filling out this form. The law also prescribes the procedure for placing the plan in public information resources.
- Decree of the Government of the Russian Federation “On Approval ...” dated September 17, 2012 No. 932 (hereinafter referred to as Decree No. 932) is a regulation in accordance with which customers draw up, place, and change planning documents.
In addition, when developing the act we are considering, customers are required to use local regulatory sources and procurement regulations. All these documents must be placed in the EIS (Unified Information System for State Orders).
Procurement plan according to law No. 223-FZ
In accordance with the above Government Decree, the procurement plan for 223-FZ is drawn up in in electronic format. In other words, a scanned document or pdf file is not allowed. This requirement allows any interested person to make copies on their media of the entire document or any part of it. In addition, by virtue of clauses 15-17 of the Regulations on the placement of procurement information in the EIS, approved by Decree of the Government of the Russian Federation of September 10, 2012 No. 908, the plan can only be published using the EIS software (structured view of the plan), and optionally it is allowed to add more either an electronic or a graphic version of the act we are considering.
The form is legally established by the Government of the Russian Federation and is filled out in accordance with the requirements of Decree No. 932. The plan for innovative, medicinal and high-tech contracts is drawn up with the nuances specified in clause 2 of the Requirements for the form approved by Decree No. 932.
The plan is formed for at least one year (part 2 of article 4 of law No. 223-FZ). Restrictions maximum term planning has not been established. In this case, the document should be divided into months or quarters. Only for plans for innovative, medicinal and high-tech transactions, a framework is set: from 5 to 7 years.
Don't know your rights?
Correction (change) of the plan
If the act described by us needs to be amended (corrected), then the customer must:
- Approve the changes, sign them with an enhanced electronic signature.
- Make a separate list of changes.
- Make changes to the structured, electronic and graphic types of the plan in the EIS within 10 days from the date of their adoption.
- Post a list of changes.
This procedure is carried out no later than the notice of bidding (in the form of a tender or auction) and other related information (clause 9 of the Rules, approved by Resolution No. 932) will be published. Note that in the EIS, all editions of the amended plan must remain freely available.
Step-by-step instructions and sample filling
When filling out the form, you can follow the following recommendations:
- Data on the name, location, TIN, KPP are taken from the Unified State Register of Legal Entities. OKATO - at the place of registration of the customer.
- If the term of the contract is longer than the period for which the plan is being developed, then the terms of the contract are signed for its entire duration.
- All codes are entered in accordance with the current classifiers. OKVED must indicate the section and subsection. In the product code - section and class of products. Only numerical designations are used.
- When describing the object of the transaction (column 5), minimal information is given, but in an amount that allows you to identify the object from other similar ones.
- Further, information is also written on the current classifiers.
- Columns 11-17 are filled with the data that the customer determines independently.
- The following section is developed only by customers who are required to work with medium and small businesses.
Here you can find an example of drawing up a procurement plan for 223-FZ for 2018.
Thus, the procurement plan under 223-FZ differs from a similar document filled out in accordance with Law No. 44-FZ. Requirements for its form and placement are established by the Government of the Russian Federation. However, entities working under Federal Law No. 223 are largely guided by their own procurement regulations. So, these provisions may contain some features in the order of compilation, publication and amendment of the act described in this article.
For beginners: breeding a broiler at home Boiled water for broilers
Only lovers will survive
Features of advertising aimed at children
retouching old photos in photoshop retouching old photos
What is an NPO: decoding, definition of goals, types of activities Does a non-profit organization have the right