Amendments to the procurement plan for 223. Amendments to the annual procurement plan. Sample filling of zero PP of innovative products

03.12.2020

Customers operating under the Procurement Law certain types legal entities should plan their procurement activities. In this material, see step-by-step instructions for preparing and placing a procurement plan for 223-FZ for 2019.

Procurement plan for 223-FZ for 2019: instructions

How to fill out the procurement plan according to 223-FZ is stated in the Government Decree of September 17, 2012 No. 932. This legal act contains the requirements for plans, the necessary items that should be included in them, as well as the approved form of these documents.

Include in your plan:

customer data - name, address, contacts;
a serial number that is sequentially assigned to each purchase in chronological order;
subject of the contract;
procurement code indicating the section, class and subclass in accordance with OKVED 2 and OKPD 2;
requirements for the goods that the customer has set (here, functional, technical and quality characteristics);
data on the quantity of products and units of its measurement;
the region in which deliveries are made, work is performed or services are provided;
contract price;
date of publication of the procurement documentation in the EIS;
contract time;
purchase method;
an indication of the form in which the procurement is carried out (electronic or not).

In addition, data are entered on purchases from small and medium-sized businesses, as well as on purchases of innovative, high-tech products and medicines.

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How to create a procurement plan for 223-FZ: step by step instructions

To view information about procurement plans in your EIS personal account, log in and select "Purchase plans" in the "Purchase planning" section. Next, we will give instructions on creating a procurement plan for 223-FZ for 2019.

In the registry, click on the hyperlink "Create Purchase Plan", it is located under the search block. In the "Type" field, check the box depending on the type of procurement plan: "Procurement plan for goods, works, services" or "Procurement plan for innovative products, high-tech products, medicines." Also select the period for which the document is being created.

Verify that the customer information in the Customer Organization Information field is correct. It loads automatically. The "Planning period" field is also filled in automatically. Fill in the required "Approval Date" tab. Click on the "Next" button. The system will check the data and report if it finds errors.

You can add procedures on the "Procurement plan items" tab. To do this, click on the hyperlink "Add Position". It is important to know that if you have an original hosted purchase plan (for example, for 2018) with a long-term position (for example, with a contract year of 2020), when you create a document for 2019, the long-term position from the original hosted plan is automatically copied to it.

Question from practice

Whether to host a newly created autonomous institution purchase plan for 2019 at the end of 2018 if the original purchase plan was published for the period from April 2018 to April 2019?

There is no obligation. Neither Law No. 223-FZ, nor Government Decree No. 932 dated September 17, 2012 contain a requirement to draw up a procurement plan within a calendar or financial year.
At the same time, the term for preparing the procurement plan, as well as the procedure for preparing the draft plan, the customer determines independently. Therefore, the customer can create a purchase plan in 2019 until December 31, 2020, and then switch to the plan within the calendar year. The conclusion follows from part 2 of article 4 of Law No. 223-FZ, paragraph 10 of the Rules from resolution No. 932.

See more recommendations and answers to questions in the article "Planning for 223-FZ: how to create and place procurement plans in the EIS"

We proceed to fill in the information about each purchase. The "Customer" field is filled in automatically. In the "Purchase type" field, check the box: "Planned" or "Actually placed". For the "Actually placed" value, the "Notification" field is additionally displayed. Only notifications with the status "Placed" and the stages "Submission of applications", "Commission work", "Purchase completed" are available for selection, in which the organization specified in the "Customer" field appears as a customer or participant in the joint purchase of the notification lot. After selecting a purchase release, the "Lot" field is displayed. From the drop-down list, select the required lot of the notice selected in the "Notice" field. To continue forming a procurement plan item, click the "Continue" button.

The tab "Information about the position of the procurement plan" is filled in automatically by the system. In the fields "Date of placement of the notice" and "Due date for the execution of the contract", set the required periods. In field "Purchasing method" select the type of procedure from the drop-down list. If necessary, check the boxes “Purchase, the participants of which are only small and medium-sized businesses”, “Purchase of goods, works, services that meet the criteria for classifying innovative products, high-tech products”.

Next, fill in the fields in the "Information about the subject of the contract" section. In the "Information on purchased goods, works, services" block, in the "Method of specifying the region of delivery" field, check one of the two fields: "Uniform for all goods, works, services" or "Separate for each product, work, service" in depending on how you want to specify the delivery region method.

In the "Adding position" block in the fields "OKPD 2" and "OKVED 2" select the required codes from the directories. You must enter at least the first three digits of the OKPD2 code or at least four characters of the OKPD2 position name to start searching the database. Select the required value and click on the "Add" hyperlink located to the right of the field. The selected value is displayed in the OKPD2 field.

Fill in the fields "Quantity (volume)" and "Unit of measurement". If necessary, check the box "Unable to determine the quantity (volume)".

After filling in the fields of the "Add position" block, click on the "Add position to the table" hyperlink. The added information is displayed in the Goods, works, services table.

After adding required amount plan items on the "Purchase plan items" tab, click the "Next" button. You will be transferred to the "Documents" tab.

To attach a document, click on the "Browse" button, select the document, enter a description of the file in the appropriate input field, and click on the "Attach" button.

If you need to undo unsaved data, click on the "Undo last changes" button. To complete the formation of the procurement plan, click on the button "To complete". The created item of the purchase plan is displayed in the list of registry entries on the "Purchase Plans" page.

How to publish a procurement plan under 223-FZ on the EIS website: instructions

Let's move on to the placement of the procurement plan for 223-FZ for 2019. Before publication, the document must be prepared. To do this, select the "Prepare for placement" item in the context menu. The system checks the data and warns the user if any errors are found. If there are no problems, you will be transferred to the "In Placement" tab, the status "Ready for Placement" will appear there.

If any violations are detected, the procurement plan goes to the "In Placement" tab in the "Preparing for Placement" status. To confirm the publication of the plan, click on the "Post" button. The system displays a printable form of purchasing plan details. Click on the "Subscribe" button, after which all information will be successfully posted. The placement status will change to "Placed".

How to make changes to the procurement plan under 223-FZ: step by step instructions

To make changes, select the procurement plan and click on the "Create change project" tab in the menu. Make changes and provide justification for the change. The further procedure is similar to that described above. In the required field "Reason for making changes", check the current reason.

When you select the line “Other case established by the procurement regulations and other documents of the customer”, the mandatory field “Justification for making changes” is additionally displayed, which must be filled in. After making changes, click on the "Finish" button. The position will change to the "Changed" status.

Procurement plan under 223-FZ: terms of placement for 2019

The customer determines the term for preparing the procurement plan independently, taking into account the requirements of his position, as well as regulatory legal acts. It is important to observe the periods established by law: to place the plan in the EIS within 10 days from the date of approval by the management, but no later than December 31.

Attached files

Procurement plan form according to 223-FZ.docx

In accordance with parts 2, 3, article 4 of the federal law of July 18, 2011 N223-FZ "On the procurement of goods, works, services by certain types legal entities" (Further - Law N223-FZ) Customers are required to plan their purchases and place them annually in the Unified Information System. Prior to the commissioning of the UIS, all information provided for Law N223-FZ posted on the official website Russian Federation in the information and telecommunications network "Internet" to post information about placing orders for the supply of goods, performance of work, provision of services (www.zakupki.gov.ru), in accordance with paragraph 10 of article 8 of Law No. 223-FZ (hereinafter - OOS, official site).

The procedure for the formation of a plan for the procurement of goods (works, services) and the requirements for the form of such a plan are established by the Decree of the Government of the Russian Federation dated September 17, 2012 No. 932 ( further - PP RF No. 932).

The terms for posting the procurement plan on the official website are set section III Regulations on the placement of information on the procurement on the official website, approved by the Decree of the Government of the Russian Federation dated September 10, 2012 No. 908 ( further - PP RF No. 908).

The procurement plan must include all procurements planned by the customer, with the exception of procurements, information about which constitutes a state secret (provided that such information is contained in the procurement notice, procurement documentation or in the draft contract), as well as procurements which adopted a special decision of the Government of the Russian Federation in accordance with Part 16 of Article 4 of Law No. 223-FZ. At the same time, the customer retains the right to independently decide whether or not to include “small purchases” in the procurement plan, the amount of which is one hundred thousand rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles , - five hundred thousand rubles or less).

The customer can form and approve the procurement plan, taking into account such information as exchange rates, stock indices and other information. When forming procurement plans, the customer can be based on the programs approved by him, such as:

Repair program (repair plan);
The production program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);
Investment program, including technical re-equipment and reconstruction, including in the area information technologies, New construction;
Other programs.

The procurement plan must be formed for one calendar year (Part 1, Article 4 of Law No. 223-FZ), but there is one exception for customers purchasing innovative or high-tech products, as well as medicines. Such customers, in addition to annual procurement plans, must form separate long-term procurement plans. (see table 1).

Table 1.

Despite the fact that procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, the number of adjustments to procurement plans during the year is not limited.

Adjustment of the procurement plan can be carried out, as in the cases established by the RF GD No. 932:

change in the need for goods (works, services), including the terms of acquisition, the method of procurement and the term for the execution of the contract;
changes by more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to purchase in accordance with the planned volume Money, planned purchases;

So in other cases:

if there is a need to purchase goods, works, services not provided for by the procurement plans, including in connection with the involvement in the course of the execution of the contract under which the Customer is a supplier (executor, contractor), other persons for the execution of the contract, other persons for the performance of the stipulated contract of obligations of the Customer;
if there is a need to change the information about the procurement specified in the procurement plans;
in other cases established by the procurement regulations and other documents of the customer.

Close attention should be paid to the last of the above grounds for making changes to the procurement plan, since in the absence of appropriate references in the procurement regulation, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting OKVED codes, OKDP planned for procurement products in terms of procurement in electronic form and another.

Important! If the purchase of products is planned to be carried out through bidding (competition or auction), amendments to the purchase plan must be made no later than the posting of the notice of purchase and purchase documentation or changes made to them on the official website.

The procedure for posting information on changes to the procurement plan on the official website is contained in pp. 18-19 RF PP No. 908

To post information about making changes to the Procurement Plan, a representative of the customer:

Places a procurement plan in the closed part of the official website (hereinafter referred to as the structured view of the procurement plan) or places an electronic view of the procurement plan (i.e. an updated version of the Procurement Plan) in the closed part of the official website.
If necessary, together with the structured view of the procurement plan, it places the procurement plan in the form of a graphic image of its original (hereinafter referred to as the graphical view of the procurement plan).
Places an electronic form of a document containing a list of changes made in accordance with paragraph 5 of the RF PP No. 908.

The type of document containing a list of changes made is compiled in free form in electronic form (the concept of "" is given in clause 9 of the RF PP No. 908).

A possible version of the document containing a list of changes made:

In accordance with paragraph 5 of the Regulations on the placement of information on the purchase on the official website,

"On approval of the Regulations on the placement of procurement information on the official website",

the change in the information on the procurement posted on the official website is carried out in accordance with these Regulations with the placement of a document containing a list of the changes made.

CHANGES LIST

(information is indicated in which the Customer makes changes)

Procurement method No. 13 "Request for quotations" was changed to "Request for proposals";
Purchase No. 100 is excluded from the purchase plan;

(All changes are indicated: those that were made in the form of the site, and those that were made to the attached documents in electronic form. Changes should be described in such a way that it is clear what and where was replaced / added / excluded. file does not exist.It is possible to use a tabular presentation of information.)

Information compiled using the functionality of the official website must match the information posted on the official website and contained in documents in electronic form. Based on paragraph 9 of part I of the RF GD No. 908, in case of a discrepancy, information compiled using the functionality of the official website is considered a priority.

In accordance with paragraph 4 of the RF PP No. 908, changes in the procurement plan are considered to be posted on the official website properly after being posted in the public part of the official website and signing the document containing the specified information with a qualified verification key certificate electronic signature(hereinafter - the electronic signature) of a person authorized to post information on the official website on behalf of the customer (hereinafter - the representative of the customer), in the closed part of the official website, access to which is carried out using an electronic signature, after registering on the official website in the manner prescribed federal executive body authorized by the Government of the Russian Federation to maintain the official website (hereinafter referred to as the closed part of the official website, the authorized body).

Consider the algorithm of work on the official website:

1. In the closed part of the official website, the customer's representative, using an electronic signature, enters the Personal Account on home page procurement site: http://zakupki.gov.ru/:

2. Next, on the left side of the screen, click on the link "Register of procurement plans" and the register of the organization's annual procurement plans appears in the working window, hovering over the context menu icon, select "Draft changes".

3. Filling in the tab "Draft changes": the main information from the procurement plan, entered earlier in the closed part of the official website when placing the procurement plan, is entered automatically. If necessary, the information is updated. In manual mode, empty fields are filled in: rationale for making changes (1), date of approval of the procurement plan (2). Information under an asterisk is required. After filling in all the necessary information, click the "Next" button (3).

Important! The date of approval of the plan implies the date of approval of changes, and it is from this date that the system counts the period (within 10 calendar days) for posting information about making changes to the plan on the official website in accordance with with Section 3, Clause 14 of RF PP No. 908.

select the path to the file (link "Browse");
upload the selected file to the site using the "Attach" button;
uploaded files are included in the list of attached files;
in documents from the previous version, put the relevance;
To save the changes made to the Changes Project tab, click the Save button.

5. Changes are published in the "All information" tab in the "REGISTER OF PURCHASE PLANS" by hovering over the context menu icon (select "Publish"). At the project stage, it is also possible to edit the draft changes and delete them, after signing with an electronic signature (i.e. publishing on the official website) there will be no such possibility. After signing, it will only be possible to edit documents by creating new versions, while the previous versions will be in the public domain (clause 6 of the RF PP No. 908) . At Removal of information from the official site is possible only not on the basis of an order from an executive authority authorized to monitor compliance with the requirements of the Federal Law, or by a court decision (part 7 of the RF PP No. 908).

It should also be noted that from May 16, 2014, the amendments made to the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) by the Federal Law of May 5, 2014 N 122-FZ came into force (hereinafter referred to as Law N122-FZ). In accordance with them, administrative liability is provided for violations of the legislation on the procurement of goods (works, services) by certain types of legal entities.

The main type of administrative punishment applied when committing these violations is a fine. In some cases, disqualification applies.

Below are the compositions of administrative offenses in the field of procurement of goods, works, services by certain types of legal entities that may be applicable within the framework of the topic we are considering, in case of their violations.

Article Code of Administrative Offenses of the Russian Federation	Compound administrative offense	The subject of an administrative offense	Amount of the fine	The statute of limitations for bringing to administrative responsibility
	Violation of the terms provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities for posting in the EIS in the field of procurement information on the procurement of goods, works, services, the placement of which is provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities, except for the cases provided for by paragraph 6 of article 7.32.3	official	from 2,000 to 5,000 rubles.
		legal	from 10,000 to 30,000 rubles.
	Non-placement in the EIS in the field of procurement of information on the procurement of goods, works, services, the placement of which is provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities	official	from 30,000 to 50,000 rubles.	1 year from the date of committing an administrative offense
		legal	from 100,000 to 300,000 rubles.

Customers have the right to make changes to procurement plans as many times as required (if necessary - every day). At the same time, you do not need to wait 10 days to place a purchase, you can publish it on the same day, unless otherwise provided by the Procurement Regulations of the customer.

Thus, customers under 223-FZ can make changes to the plan in cases provided for by Government Decree 932 and local acts customer.

The resolution of the second part of the fourth article of the law 223-FZ, the customer is obliged to place his procurement plan in a public information database for a period of at least one year.

The procurement plan for 223-FZ goods belonging to the categories of innovative products, medicines and high-tech equipment must be placed in the system for a period of 5 to 7 years. Based on this, a paradox arises - the customer is obliged to post information about purchases even if they are not available. talking plain language is an empty plan.

These statements are confirmed by a letter from the Ministry of Economic Development of Russia dated May 22, 2019. Based on it, the annual procurement plan for 223-FZ should be placed in the system. Innovative products, high-tech equipment and medicines should be reflected in the system in a separate document.

In order to get acquainted with the content of the letter, you can use the services of Internet portals. The document is freely available and can be downloaded by anyone. It is worth noting that the letter also contains a clause on the timing of publication for three years, according to most experts, this is a technical error, since according to the law, publishing data for a specified period is impossible.

The formation of a procurement plan, in accordance with the resolutions of September 17, 2012, should be carried out without reflecting in the content of data on purchases made in the amount of up to 100 thousand rubles.

If the annual financial turnover of the organization exceeds five billion rubles, then it gets the right not to reflect in the plan all purchases worth up to five hundred thousand rubles. That is, if purchases were made, but their cost is less than the specified values, then the customer must publish an empty plan.

Basic provisions

When and how to change it

Regulatory act 223-FZ allows customers to change data an unlimited number of times. However, this procedure requires some justification. Correction of the data is simply not carried out.

As you know, the procurement plan is approved for one year. If it is somehow connected with medicines, innovative equipment and technologies, then the publication period becomes even longer. For example, a customer published his plan in 2019, so it is valid at least until the beginning of next year.

Changes to its content are possible only in the following cases:

there is a need to change the timing or methods of acquiring specific goods or services;
there is a need to clarify the effect of the agreement;
the total cost of the purchase changes in any direction by more than ten percent;
if you need to purchase any goods that are not included in the original version of the plan.

In order to make changes, you need to perform two main steps:

Make changes and approve a new version of the plan - this procedure is performed if the original procurement plan is made in electronic or graphical form.
Make a separate list of edits. This responsibility falls on the shoulders of the authorized person. The list can be made in any form, but in electronic format.

Interestingly enough, the provisions of the law do not contain specific rules and conditions for changing the procurement plan. In this regard, when making adjustments, one must be guided by the provisions of the organization, customer documents, etc. If a this opportunity missing, then the changes are made in the same way as the original form of the plan was drawn up.

Below is the step-by-step instruction describes in detail the process of making adjustments on the official Internet portal.

The procedure is as follows:

Need to go to Personal Area user with .
Next, you need to go to the "Register of Procurement Plans" section.
Next, select the item "Draft changes".
You need to click on the button "Procurement plan items".
Delete required items.
In the "Details" dialog box, you must specify the reasons for making adjustments.
In the presented columns, marked with an asterisk, you need to complete the filling in accordance with your changes in the procurement plan.
At the end, you need to press the button that says "Complete data entry."

In order to publish a new procurement plan, you must use the context menu, where you can find the "Publish" item. You can make adjustments to the already modified version of the plan before it is confirmed with an electronic signature. In the future, to complete this task, you will have to create a new project.

Violation of any conditions and rules that are associated with procurement is subject to administrative liability. The violator is fined, in exceptional cases he can also be disqualified. The amount of the fine depends on the type of violation, it can range from 2 to 300 thousand rubles.

Rules for compiling and posting

The form of the procurement plan is determined by the subjects independently. However, this does not mean that the organization can skip the stage of regulation of supply planning.

In addition, examples of a procurement plan may be present in the local provisions of form 223-FZ. If the activity of the organization is contrary to the provisions drawn up by it, then this is considered a violation of the law.

Based on this, it can be understood that the general sample for filling out the procurement plan should be as simple as possible in order to avoid misunderstandings in the future. Public procurement plans can be taken as initial data. largest corporations our state.

To achieve maximum convenience of the document, you need to focus on the following tips:

perform a breakdown of actions into quarters (four points are perceived much easier than twelve);
accompany each action with a number of requirements and obligations, as well as list documents that are able to regulate the possibility of acquiring a quality product in accordance with the concluded contract;
be sure to indicate the method of the purchase (auction, direct purchase competition, etc.);
type of procurement (electronic format or not).

Many people have a question: "do I need a schedule and some additional information."

In addition to the above items, the sample may also include the following information:

schedule of planned purchases;
type of operation and its nature;
price request data;
Information about quantification the operation being carried out.

From the point of view of official data, the moment of placing the procurement plan in the database is considered to be its publication in the public domain on the official Internet procurement resource. On other services, the plan can be published in any form, it will not be considered official.

Before being published in the open access database system, the planned supply plan goes through a series of checks.

The customer is obliged to provide the administration of the Internet resource must provide:

provisions and documents that confirm the consolidation of the plan from a legal point of view;
documents that are approved official contracting authority that has this authority.

The government of our state, after the adoption of 223-FZ, put customers in a difficult position. They are forced to engage in the formation, or rather, changes in their procurement plans, since they need to be reflected in the general system immediately after they are adopted. The open access database makes it possible to make the auctions of the state as open and accessible as possible. Which is quite important, since the level of corruption in our country is very high.

In addition, the adjusted procurement plan must be approved by the owner of the company or other authorized person working in it. Today, the vast majority of purchases, one way or another, are related to the state, respectively, there are a lot of changes in the plans of organizations, but if you do not deal with placing data in the system, then errors and shortcomings are inevitable.

Public procurement is the most complex mechanism, which includes a huge number of different companies, organizations, etc. Incorrect activity of one member can disrupt the stable operation of the entire process.

In this regard, before starting to trade with the state, it is necessary to fully study the principle of operation of the entire system. Otherwise, you will only get losses from this.

Formation options

Forming a future procurement plan is a rather complicated process that requires the most accurate determination of the needs of the entire enterprise.

If the goal of automating departments and services of an organization is not only to perform processes regulated by law, but also to build a complete and effective system procurement, it is worth paying attention to the methods of working out planning.

The first step is to collect data about the basic needs of your company.

This can be done based on certain sources:

in the relevant directories;
in the information of accounting systems"
with the help of various memos;
based on completed procurement plans.

It is important that after choosing the method of generating needs, it must be reflected in the procurement document and placed in the EIS. Both documents must be created in electronic format.

Some customers do not know the answer to the question: "when it is necessary to place this data." The period for publishing updated information cannot exceed fifteen days from the date the changes were accepted. Otherwise, the company is subject to administrative liability.

Planning

Order 223-FZ says that the customer is obliged to publish data on his planned purchases on the official Internet resource. The data is published in the public domain for each visitor to the portal. However, this happens only after the final approval of the procurement plan using electronic signature technology.

If the cost of future purchases does not exceed 100 thousand rubles (for organizations with an annual turnover of more than 5 billion rubles, this amount is five hundred thousand), the customer is still obliged to post the data. In this case, publish zero plan.

According to the Decree of the Government of the Russian Federation under the number 932, the procurement planning process must include absolutely all information about the purchased goods, services and works.

There is one exception, its essence lies in the fact that the plan cannot reflect information about goods if they are a state secret and at the same time confirmation of this information is present in the corresponding notice.

What is included in the procurement plan under 223-FZ

From the beginning of 2019, the execution of purchases at the expense of the following funds must be reflected in the plan without fail:

through grants;
as a contract performer;
at the expense of extra-budgetary funds (income received by another type of activity).

In addition to institutions and organizations of the budgetary type, this law also includes:

municipal and unitary organizations;
autonomous organizations created by the municipality;
economic companies and their subsidiaries, most of whose assets are owned by municipal organizations.

Publication dates

In accordance with the provisions under number 908, adopted by the government of our country on September 10, 2012, the publication of information on changes made to active procurement plans must be carried out within fifteen days (including holidays and weekends) after their approval.

The placement of the original plan for the whole year must be completed no later than December 31st of the calendar year. Officially, the plan is considered to be fully posted if its well-structured electronic form or schedule is present in the EIS.

Otherwise, the customer is considered to have overdue the publication period and may be subject to administrative liability.

6. HOW TO DEVELOP A PURCHASE PLAN?

Law N 223-FZ (part 2, article 4) provides for the obligation of the customer to place in the EIS a plan for the purchase of goods, works, services for a period of at least one year.

Decree of the Government of the Russian Federation of September 17, 2012 N 932 approved the Rules for the formation of a plan for the procurement of goods (works, services) and the requirements for the form of such a plan.

According to part 5.1 of Art. 3 of Law N 223-FZ, contracts based on the results of procurement are concluded by customers in accordance with the procurement plan, except for the following cases:

— situations where procurement information should not be included in the procurement plan or may not be included in it;

- cases when the need for procurement arises as a result of an accident, other natural and man-made emergencies, force majeure circumstances, including if it is necessary to carry out urgent medical intervention and prevent the threat of all these situations.

In addition to the specified procurement plan, customers are required to place in the EIS procurement plans for innovative products, high-tech products, medicines for a period of five to seven years (part 3 of article 4 of Law N 223-FZ).

The criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for these products are determined by the federal executive authorities that carry out the functions of legal regulation in the established field of activity, as well as the State Atomic Energy Corporation Rosatom » taking into account the priority areas for the development of science, technology and technology in the Russian Federation and the list of critical technologies of the Russian Federation (part 4 of article 4 of Law N 223-FZ).

Currently, some executive authorities have approved such criteria for use in planning procurement related to activities in the following areas regulated by them:

– education, science and scientific and technical activities;

— industry, foreign and domestic trade;

– civil defense and security fire safety;

— healthcare;

- communication and mass communications;

— migration;

— Agriculture;

- transport;

- energy.

Based on these criteria, customers compile lists of goods, works, services that meet the criteria for classifying innovative products, high-tech products, and also develop provisions on the procedure and rules for the application (implementation) of such goods, works, services (part 4.1, article 4 of Law N 223-FZ).

For specific customers, the list of which was approved by the Decree of the Government of the Russian Federation of March 21, 2016 N 475-r, additional requirements for the content of the plans are established:

- plans for the purchase of innovative products, high-tech products, medicines of such customers should contain sections on the purchase from the SMSP (part 3.2 of article 4 of Law 223-FZ);

- their plans for the purchase of goods, works, services should include a list of innovative products, high-tech products purchased from SMEs, as well as the ratio of the volume of purchases of these products to the annual volume (part 3.3 of article 4 of Law 223-FZ).

Attention!

The Ministry of Economic Development of Russia has developed the Federal Law “On Amendments to the Federal Law “On the Procurement of Goods, Works, Services by Certain Types of Legal Entities”, which is supposed to introduce a procurement rationing system, i.e. establish requirements for goods, works, services purchased by customers to meet their own needs.

The text of the bill can also be found at the link: http://regulation.gov.ru/projects#npa=45149.

Article 5.1 of Law N 223-FZ provides that in relation to certain categories customers, compliance monitoring and assessment of the compliance of procurement plans (as well as drafts of such plans, their amendments and draft amendments) and annual reports with the requirements of the legislation of the Russian Federation, providing for the participation in the procurement of small and medium-sized businesses (hereinafter referred to as SMEs), are carried out.

Such assessment and monitoring are carried out in the manner prescribed by the Federal Corporation for the Development of Small and Medium Enterprises, as well as by the executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes.

A draft plan for the purchase of goods, works, services, a draft plan for the purchase of innovative, high-tech products, medicines, as well as draft amendments to such plans are subject to conformity assessment. Evaluation is carried out before projects are approved.

Compliance monitoring is carried out in relation to approved procurement plans, changes made to such plans, and in relation to annual reports of customers in terms of procurement from SMSP.

All of the above categories of customers should be included in the plans for the purchase of goods, works, services, as well as in the plans for the purchase of innovative products, high-tech products, medicines, sections on the purchase from the SMSP.

Based on the results of the conformity assessment and monitoring of compliance, customers are issued a conclusion on the compliance of the documents being checked with the requirements of the legislation of the Russian Federation regarding the participation of SMEs in the procurement, or a notification of their non-compliance with such requirements. If the customer does not eliminate the violations specified in the notification or does not place the protocol of disagreements to this notice in the EIS, the implementation of the procurement plans of such a customer may be partly an antimonopoly authority.

The deadlines for the start of conformity assessment and monitoring of compliance for various categories of customers and documents are established in Decree of the Government of the Russian Federation of October 29, 2015 N 1169.

The order planning process within the framework of 223-FZ involves the timely notification of all participants in procurement activities about the needs of the customer.

This information is displayed in the purchasing plan. Consider the peculiarities of compiling, amending and publishing this document in the public domain.

concept

The procurement plan under 223-FZ is a planned supply document that reflects the needs of the customer for a certain period in accordance with the requirements of regulatory legal acts, as well as the Procurement Regulations, taking into account the timing of the procedures. It must be an electronic document in a format that makes it possible to save, search and copy an arbitrary piece of text (scanned or graphic image as a picture is not allowed). The rules for the formation, as well as the requirements for its form, were approved by Resolution No. 932 of September 17, 2012.

The term of the procurement plan under 223-FZ is at least 1 year (if the terms of a particular order provide for a longer period, the document is formed taking into account it, restrictions maximum term no scheduling). The specifics of orders for innovative, high-tech and medicinal products oblige to conduct for a period of 5 to 7 years (even if these types of goods are not purchased, an empty plan must be published).

What to include in procurement plans under 223-FZ for 2018

The customer must provide the following information:

name and contact details (address, phone number);
PP revision number, formed sequentially from the beginning of the year;
name of the object, including: identification code in accordance with OKVED-2 and OKPD-2, unit of measurement in accordance with OKEI, delivery address in accordance with OKEI;
description of the object and its quantity;
initial price of the contract;
the expected date of publication of the order documentation and the deadline for its execution;
method of placing an order, indicating the type (electronic or not);
whether the order is carried out only among small and medium-sized businesses;
whether the order relates to the acquisition of innovative or high-tech products.

Government purchases in the amount of less than 100,000 rubles. (if the customer's annual revenue is more than 5 billion rubles - in the amount of not more than 500,000 rubles), the customer may not reflect. Information constituting a state secret, as well as specific auctions determined by the Government, are also not subject to placement (orders dated December 24, 2015 No. 2662 - nuclear energy goods, dated September 27, 2016 No. 2015 No. 1247-r - space products, etc.).

How to post and make changes

The procedure for placement in the EIS is regulated by Resolution No. 908 of September 10, 2012. Chapter III indicates a ten-day period for placement from the date of approval of the plan, but no later than December 31 of the current calendar year.

The customer must sign the document with enhanced qualified signature before its publication in the EIS. It is important that in the event of a discrepancy between the information reflected in printed form and electronic, created through the functionality of the UIS, the priority will be the data of a single information system(part 9 of Resolution No. 908).

Unlike the strictly regulated period for updating planning documents under 44-FZ, changes to the procurement plan 223-FZ are made within 10 days from the date of the decision to make changes, but no later than publication in the EIS.

Changes to the procurement plan under 223-FZ are possible in the following cases:

changes in demand, including the timing of the acquisition of goods, works, services;
adjusting the method of determining the supplier;
change in the amount of funds required for bidding by more than 10% of the estimated value;
other cases stipulated by the Regulations on the purchase of the customer.

Procurement plan sample 223-FZ

Let's consider in what cases the customer is faced with the need to create a zero procurement plan, whether it needs to be placed in the EIS, and whether sanctions are provided for its absence.

When can I place a zero procurement plan under 44 FZ or 223 FZ

In accordance with the requirements of the legislation on procurement activities, the customer is obliged to post information about tenders planned for next year in a timely manner. At the same time, it does not matter which federal law he works: No. 44 or No. 223.

Procurement planning under Law No. 223-FZ

Violation of the terms for the placement of PZ and schedules may entail administrative liability for the organization and officials.

However, in practice there may be situations where orders are not scheduled. This situation may be, for example, in cases where:

the organization purchases in accordance with Law No. 223 from extra-budgetary funds, grants, etc. (Article 15 of Law No. 44-FZ), but there are no such funds in the planned year and, accordingly, procurement will not be carried out;
the customer plans only orders up to 100,000 rubles, which he has the right not to place in the EIS and not to enter into the PZ;
the customer was not brought financing for the next financial year.

A similar situation also arises for customers who do not purchase innovative and high-tech products, but, in accordance with Art. 4 of Law No. 223-FZ are required to post a plan for such public procurement.

So, is it necessary in these cases to place planning documents in the Unified Information System?

Non-placement can be qualified by the inspection bodies as a violation by the customer of the established procedure for planning and placing information. Responsibility for non-placement is provided for in Articles 7.29.3, 7.32.3 of the Code of Administrative Offenses. The absence of this information in the EIS does not indicate the absence of public procurement. The way out of this situation will be the placement of the so-called zero PZ. Thus, the planning procedure established by law will be observed and information about the absence of tenders will be formally communicated to an indefinite circle of people.

Placement of a zero procurement plan under 223-FZ

Consider step by step how to place a zero procurement plan for 223-FZ.

Step 1. We draw up a document in paper form. We put dashes in the columns.

Step 2. We approve the document from the head of the organization or an authorized person.

Step 3. We place in the EIS. We select the type, enter information about the planning period, the date of approval by the manager.

Step 4. If the system requires filling in information on public procurement, you can put dashes and zeros.

Step 5 Attaching graphic form document - a prepared document in Excel or Word format (not a scan).

Step 6. We sign with the help of EDS.

Information must be posted in the EIS no later than 10 days from the date of approval by the head. It is necessary to have time to approve and place the document before December 31 of the current year.

A sample of a zero procurement plan according to 223-FZ

How to place a zero plan for the purchase of innovative products

The PZ for innovative products is formed by customers working under Law No. 223-FZ for a period of 5 to 7 years. Information must be uploaded to the EIS by December 31 of the current year.

The procedure for preparing and placing is similar to those for placing a PP:

we prepare a document in paper form, put dashes in the appropriate columns;
approve the document in paper form with the head of the organization;
in the column "Purchase plan type" select "Procurement plan for innovative products";

enter information about the planning period, the date of approval;
if necessary, fill out a structured form in the EIS (put dashes and zeros);
attach a graphical view of the document;
We sign with the help of EDS and place it in the EIS.

Sample filling of zero PP of innovative products

Law N 223-FZ provides for the obligation of customers to plan their purchases. Such planning should be carried out by customers by drawing up and approving procurement plans, the form, procedure and terms of placement on the official website of which are determined by Decree of the Government of the Russian Federation of September 17, 2012 N 932 “On approval of the Rules for the formation of a procurement plan for goods (works, services) and requirements to the form of such a plan.

Procurement planning under 223-FZ

4 of Law N 223-FZ. It should be noted that in relation to “small purchases”, the amount of which is 100,000 rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles - 500,000 rubles or less), the customer independently accepts decision on their inclusion or non-inclusion in the procurement plan.

An important question remains about the need to include in the procurement plan those purchases whose amount exceeds 100 (500) thousand rubles, but at the same time carried out by the customer in accordance with the regulation on the purchase by the method "from sole supplier”(provided that information about such purchases does not constitute a state secret and no special decision has been made by the Government of the Russian Federation on them). According to the authors of this publication, information about such purchases is subject to mandatory inclusion in the procurement plan approved by the customer (note: preferably before the date of conclusion of the relevant agreements (contracts) with product suppliers).

The purchase plan approved by the customer can be formed taking into account such information as exchange rates, stock indices and other information. When forming procurement plans, the customer can be based on the programs approved by him, for example:

a) the production program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);

b) repair program (repair plan);

c) an investment program that includes technical re-equipment and reconstruction, including in the field of information technology, new construction;

d) other programs.

According to Part 1 of Art. 4 of Law N 223-FZ, the procurement plan must be formed by the customer for one calendar year. However, there is one exception to this rule. It is established in relation to customers purchasing innovative or high-tech products, as well as medicines. Such customers should form separate long-term procurement plans (see Table 1).

Table 1

Formation of procurement plans for innovative or high-tech products, as well as medicines

table 2

Comparison of information included in procurement plans

Procurement plan for regular products	Procurement plan for high-tech, innovative products, medicines
1. Name, location address, telephone and address Email customer.	1. Same as column 1.
2. Serial number, which is formed sequentially from the beginning of the year (for example, 1, 2, 3, etc.).	2. Same as column 1.
3. Subject of the contract indicating identification code procurement in accordance with OKVED with mandatory completion of sections, subsections and recommended filling in of classes, subclasses, groups, subgroups and types and OKDP with mandatory completion of sections, subsections and recommended filling in of groups and subgroups of types economic activity, classes and subclasses of products and services, as well as types of products and services (for example, OKVED code - DA 15.11.1, OKDP code - D 1511010).	3. The subject of the contract with the recommended indication of the procurement identification code, consisting of OKVED codes with filling in sections, subsections and OKDP with filling in sections, subsections (in relation to procurement plans for 2013-2016). Only the subject of the contract (in relation to procurement plans for 2017-2019).
4. Minimum necessary requirements required for the purchased goods (works, services) stipulated by the contract, including functional, technical, qualitative characteristics and operational characteristics of the subject of the contract, allowing to identify the subject of the contract (if necessary) (note: therefore, the procurement plan may not contain an indication of the minimum required requirements, but it is recommended to make a reference that such requirements will be established by the customer in the procurement documentation).	4. Same as column 1.
5. Units of measurement for purchased goods (works, services) and code for All-Russian classifier units of measurement (OKEI) (for example, meter, OKEI code 006).	5. Not filled.
6. Information on the quantity (volume) of purchased goods (works, services) in physical terms (note: if the customer purchases a specification within one lot various kinds goods that have different units of measurement, then, according to the authors of this publication, the customer has the right to indicate information about the quantity of purchased products in monosyllables, for example, 1 conventional unit. units).	Not filled.
7. Region for the supply of goods, performance of work, provision of services and code according to the All-Russian classifier of objects of administrative-territorial division (OKATO) (for example, the village of Altaiskoye, Altai Territory, OKATO code 01 202).	7. Not filled.
8. Information about the initial (maximum) contract price (lot price) (for example, 1,000,000 rubles).	8. Not filled.
9. Planned date or period for placement of a notice of purchase (year, month) (for example, 05.2013).	9. Only the year in which the notice is planned to be placed is indicated.
10. The term of the contract (year, month) (for example, 07.2015).	10. Only the year in which the notice is planned to be placed is indicated.
11. Procurement method (for example, open competition or another method provided for by the procurement regulations).	11. Not filled.
12. Procurement in electronic form (yes / no).	12. Not filled.

The criteria for classifying purchased products as innovative and (or) high-tech for the purposes of forming a procurement plan are established by federal executive authorities (part 4 of article 4 of Law N 223-FZ). As of February 3, 2014, such criteria are established by the following regulatory legal acts:

- Order of the Ministry of Health of Russia dated July 31, 2013 N 514n;

- Order of the Ministry of Emergency Situations of Russia dated December 14, 2012 N 768;

- Order of the Ministry of Industry and Trade of Russia dated November 1, 2012 N 1618;

- Order of the Ministry of Education and Science of Russia dated 01.11.2012 N 881.

When planning the procurement of conventional products, as well as when planning the procurement of high-tech, innovative products, medicines, the customer must form two separate procurement plans, the content of each of which will be different (see Table 2).

Each of these procurement plans must be formed in the form of a single (note: one) document in electronic format (for example, in doc format), which makes it possible to save it on technical means users and allowing the possibility of searching and copying an arbitrary piece of text using the appropriate viewer program (note: i.e., in other words, it is not allowed to generate a procurement plan in the form of a scanned document or a protected pdf file).

In accordance with Decree of the Government of the Russian Federation of September 10, 2012 N 908 “On Approval of the Regulation on Posting Procurement Information on the Official Website”, the procurement plan must be posted on the official website by the customer within 10 calendar days from the date of its approval, but no later than 31 December of the current calendar year. Organizations applying the provisions of Law N 223-FZ from January 1, 2014, as well as budget institutions who adopted the procurement regulation before April 1, 2014, the procurement plan must also be posted within 10 calendar days from the date of its approval, but no later than the first procurement procedure conducted in the first year of application of the norms of Law N 223-FZ.

To post a procurement plan on the official website, a customer representative in the closed part of the site must place a procurement plan generated in electronic format or a structured view of such a plan (note: a structured view means a procurement plan generated by means of the official website). This requirement will remain in effect until December 31, 2014. At the discretion of the customer, along with a structured view of the procurement plan, a graphical view of the procurement plan can be placed on the official website (for example, a scanned copy of the original procurement plan, displaying the signature, seal of the customer). The procurement plan is considered to be properly posted on the official website after the structured view of the procurement plan and (or) the electronic view of the procurement plan or the structured view of the procurement plan and the graphical view of such a plan are posted in the public part of the official website.

The fact that procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, should not frighten the customer. According to the Rules for the formation of a procurement plan for goods (works, services), approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932, the procurement plan adopted by the customer may be adjusted. The procurement plan may be adjusted, among other things, in the following cases:

a) changes in the need for goods (works, services), including the timing of their purchase, the method of procurement and the deadline for the execution of the contract;

b) a change of more than 10 percent in the cost of the goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to carry out the procurement in accordance with the planned amount of funds provided for by the procurement plan;

c) in other cases established by the procurement regulations and other documents of the customer.

Let us draw the reader's attention to the last of the above reasons for making changes to the schedule.

They should not be neglected. In the absence of appropriate references in the procurement regulation, as well as in the customer's documents, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting the OKVED, OKDP codes of products planned for purchase, in terms of conducting purchases in electronic form and others.

It should also be remembered that if the purchase of products is planned to be carried out through bidding (competition or auction), changes to the purchase plan must be made no later than the posting of the notice of purchase and purchase documentation or changes made to them on the official website.

Planning issues, including the formation and approval of a procurement plan, should be reflected in the procurement regulation adopted by the customer. For example, as follows:

“The procurement is carried out on the basis of the plan for the procurement of goods, works, services approved and posted on the official website.

The formation of the procurement plan and its placement on the official website are carried out by the customer in the manner determined by the Government of the Russian Federation.

The procurement plan is the main planning document in the field of procurement and is approved by the customer for a period of at least one year.

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Through procurement plans and schedules, customers determine the reasonable need for the purchase of goods, works or services (clauses 2, 4-6, part 2, article 17 44-FZ) and characteristic conditions planned order: object, price, quantitative indicators (clauses 2, 4, part 3, article 21 44-FZ). The generated documents are placed in the EIS without fail. How to make changes to the procurement plan or schedule , we will consider in the article.

Change in the procurement plan under 44 Federal Law

The regulatory framework allows for adjustment only in a number of cases (Government of the Russian Federation of 06/05/2015 No.

No. 552 and No. 1043 dated November 21, 2013):

to align with designated purpose procurement (Art. 13, 19 44-FZ);
for similar rationing with acts and budget regulations;
for the implementation of the standards of existing legislative and by-law resolutions and decisions;
to reflect by the customer the adjusted budgetary obligations, taking into account all movements in the current PFCD;
to comply with the decision on mandatory public comment;
to spend the savings generated from other procurement procedures;
to implement the conditions of the instructions of authorized regulatory bodies;
when unforeseen liabilities arise.

Order to correct planning documents

If it is necessary to make changes to the procurement plan under 44 FZ, the contract manager applies to the management (clause 1, part 4, article 38 44-FZ). The manager, in turn, creates an order in free form, which reflects all the necessary information regarding the adjustments to be made.

Making changes to the procurement plan

After three working days after signing the order, the responsible person must place the amended provisions in the EIS (part 9 of article 17 of the Federal Law No. 44).

After the user has selected the “Make changes” item, a new document is created in the EIS, marked “In preparation”.

6. How to develop a procurement plan?

The new version copies data from the previous document. In the file itself, it becomes possible to correct each position, as well as to include a new order.

User Guide for UIS dated 09/01/2017

Changing the schedule according to 44 Federal Law

Changes to the 2018 schedule are made upon cancellation of the planned procurement procedure, with a significant inversion of the order conditions (cost, bidding period, method of determining the supplier) or in pursuance of a decision of a mandatory public discussion (part 13 of article 21 of 44-FZ).

Changes to the plan schedule in 2018 must be published within three working days after they are accepted and approved by the order. The adjustment procedure in the EIS is similar to the previous case.

Making changes to the schedule implies that the term for the formation of a notice of procurement procedures will come no earlier than ten days after the publication of adjustments for a specific object of the order.

Correction of planning documents according to Federal Law 223

The introduction of amendments in accordance with the norms of 223 FZ is regulated by the Government of the Russian Federation of September 17, 2012. No. 132 and is allowed when correcting the list of goods, works and services planned for purchase, the planned timing of the order procedures, the method of its implementation, or the frequency of the contractual relationship and the fulfillment of the conditions under the contract. Also, changes are allowed in case of adjustment by more than 10% of the cost indicator of the procurement object or on other grounds established in the local regulations of the customer.

When conducting such competitive methods as a contest or auction, it is recommended to observe strict time frames when forming improvements and publish the changes made in advance (before placing an order notice).

Procurement plan in new edition signed with an email key digital signature the responsible executor of the institution acting as the customer, and is subject to publication in the EIS.

The form of the procurement plan is established by Government Decree No. 932 of September 17, 2012 “On approval of the rules for the formation of a procurement plan for goods (works, services) and requirements for the form of such a plan.” AT procurement plan must contain the necessary information on procurement for the customer. So the procurement plan 223 FZ 2013 should contain a list of the following information:

Customer details

Name
Address
Telephone
Email
OKATO

Plan serial number

Subject of the contract with OKDP and OKVED codes

Requirements for purchased goods (works, services)

Unit of measurement of goods (works, services) according to OKEI code

Volume of goods (works, services)

Region of receipt of goods, works, services by OKATO code

Lot price

Planned date of publication of the notice of purchase

Term of the contract

Purchasing method

Indicate whether the purchase belongs to the type of electronic trading

Not included in the procurement plan under 223 FZ:

Purchases determined by the decision of the Government of the Russian Federation
Purchases constituting a state secret

It is worth noting that purchases, the cost of which is up to 100 thousand rubles, may not be included in the plan. / 500 thousand rubles

According to government decree No. 908 of September 10, 2012 “On approval of the Regulations on posting procurement information on the official website”, the procurement plan or information on plan adjustments is posted on the CAB within 10 days from the date of approval of the document. The procurement plan must be developed and posted by the customer to the OOC by December 31 of the following year.

Procurement plan for 223 FZ

The procurement plan should include a quarterly and monthly breakdown. The plan itself should not display the order of delivery, only information about the planned month for the conclusion of the contract is entered there, even if the delivery will be carried out within a year or several years. If the purchase is long-term, then the plan indicates the month in which the contract will be concluded, in the column duration of the contract, the corresponding period is entered. This is necessary in order for the work in matters of public procurement to be properly and clearly organized, well-established, moreover, such an approach will help to avoid possible mistakes and misunderstandings.

Urgent purchases, for example, contract / subcontract agreements that cannot be planned, are a good basis for adjusting the purchase plan along with a change in the customer's need for goods (services, works), a change in the price of goods by more than 10% and others approved in the regulation about purchases. The plan can be adjusted as many times as necessary if there is no information on such actions in the procurement regulation itself. Absolutely any change in this area should be immediately reflected in the documentation. Otherwise, problems may again arise if the changes that have occurred are not pointed out in time.

Features of the Procurement Plan for Law 223

After the entry into force of Federal Law No. 223 on procurement, the most difficult issue in the work of customers will be the formation, or rather, the subsequent change in the procurement plan, since all changes in procurement must be immediately made to the corresponding plan and added to the official website. Placing all the necessary information on the site is a way to make public tenders open, honest and accessible. And this, as you know, is the most important thing in this matter, since it is precisely the part of state trade that accounts for the largest number of all sorts of machinations.

In turn, a change in the procurement plan (purchase plan 223 FZ 2013) must be agreed upon and also approved by the company's management. Since it is in the public sector that a huge number of procurement procedures are currently placed every day, the number of changes indicated in the procurement plan will be quite large. Otherwise, mistakes and misunderstandings cannot be avoided. The structure of public procurement is a complex mechanism that includes a huge number of organizations and enterprises, and the outcome of the entire procedure depends on the work of each of them. Therefore, before starting cooperation with government customers, soberly assess your strengths, because you will have to work hard if you want to make a profit.