Hello, dear colleague! Lately, my support team has been receiving a lot of questions on the topic of placing orders with small businesses (SMBs). Therefore, today I decided to write a short review article and briefly, but to the point, answer all frequently asked questions. Since the majority of procurement participants (suppliers) belong specifically to the category of small businesses, this article will be useful and relevant for most visitors to my site. Therefore, I propose to immediately move on to the essence of our topic today.
1. Definition of small and medium-sized businesses
Small and medium-sized businesses - business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized enterprises of the Russian Federation”, to small enterprises, including micro-enterprises, and medium-sized enterprises.
2. Conditions that small and medium-sized businesses must meet
- For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entitiesshould not exceed 25% (except for the total share of participation included in the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment funds, the composition of the total property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation belonging to one or more legal entities that are not small and medium-sized businesses,should not exceed 49% each.
- The average number of employees for the previous calendar year should not exceed the following maximum values of the average number of employees for each category of small and medium-sized businesses:
A) from 101 to 250 people inclusive for medium-sized enterprises;
b) up to 100 people inclusive for small businesses;
V) up to 15 people - microenterprises.
Note: If procurement is carried out for small businesses (SMB), then the number of employees should not exceed 100 people inclusive.
- Revenue from the sale of goods (work, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.
Note: In accordance with Decree of the Government of the Russian Federation dated April 4, 206 No. 265for small businesses this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.
3. Volume of purchases from SMP under 44-FZ
In accordance with Part 1 of Art. 30 44-FZ, government customers are required to place orders with small businesses (SMB), socially oriented non-profit organizations (SONO) in the amountno less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.
According to Part 1.1. Art. 30 44-FZ, when determining the volume of purchases from small businesses and socially oriented non-profit organizations, the following purchases are not included in the calculation of the total annual volume of purchases:
- to ensure the country's defense and state security;
- loan services;
- from the only supplier (contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
- work in the field of atomic energy use;
- in the implementation of which closed methods of identifying suppliers (contractors, performers) are used.
4. Methods of purchasing from SMP
As follows from clause 1, part 1, art. 30 44-FZ purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways:, competitions with limited participation, two-stage competitions,, , requests for proposals.
5. List of purchases from SMP according to 44-FZ
Many suppliers are interested in the following question: Is there a list of goods, works, and services, according to 44-FZ, which must be purchased from small businesses? I will answer that there is no such list, so any goods, work, or services can be purchased with preferences for the NSR and SONO.
6. Features of the participation of small businesses in government procurement
- The category of a small or medium-sized business is determined in accordance with the largest condition (number of employees or revenue (asset value)).
- The category of a small or medium-sized enterprise is changed only if the limit values for the number of employees or the volume of revenue (asset value) are higher or lower than the specified limit values,within 3 calendar years , following one after another.
- Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, revenue from the sale of goods (work, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration do not exceed the established limit values.
- Clause 1 part 1 art. 30 44-FZ establishes a limit on the initial (maximum) contract price when placing an order for the supply of goods, performance of work, for state or municipal needs at SMP - 20 million rubles .
- When identifying suppliers (contractors, performers) in procurement notices, a restriction is established in relation to procurement participants, which can only be small businesses. In this case, procurement participants are required to declare in applications for participation in procurement that they belong to small businesses.
- The joint letter of the MED No. 7158-EE/D28i and the FAS No. ATs/13590/14 dated April 4, 2014 “On the position of the MED and the FAS on the application of the norms of 44-FZ to relations related to procurement from SMP and socially oriented non-profit organizations” says following:
Article 30 of the Law on the Contract System establishes that a document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals to receive benefits in accordance with Article 30 of the Law on the Contract System is a declaration. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the Contract System.
Those. Based on the above, it is enough just to declare your attitude towards the NSR in the application and that’s it. It would be enough.
Samples of declarations of participant compliance with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” can be downloaded on the website in the section point 5.
- According to Part 15 of Art. 44 44-FZ amount of security for an application for participation in tenders when placing an order with SMPcannot exceed 2% initial (maximum) contract price.
7. Administrative responsibility of the customer for non-compliance with the legislation on placing an order with SMP
Article 7.30 The Code of the Russian Federation on Administrative Offenses provides for liability for non-compliance with the legislation on placing an order with SMP:
Part 11. Procurement of goods, works, services to meet state and municipal needs from small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement - entails the imposition of an administrative fine on officialsin the amount of 50,000 rubles .
Here, in fact, are all the main points that a supplier needs to know in order to participate in tenders placed for small businesses.
That's all for today. See you in the next issues!
P.S.: If the material in the article was useful to you, then be sure to “like” and share this article with your friends and colleagues on social networks.
In 2018, customers must still allocate a certain percentage of purchases to small businesses under 44-FZ. Organizations with a small number of employees and profits below the established limit fall under this category. Who are small businesses under 44-FZ is stated in Federal Law No. 209-FZ dated July 24, 2007.
What is a small business entity under 44-FZ
Let's consider who is a small business entity under 44-FZ. The criteria for classification as an NSR did not change in 2018. A micro-enterprise is considered to be an organization with up to 15 employees and an annual income of no more than 120 million rubles.
Small companies include companies that officially employ up to 100 people and have an annual income of up to 800 million rubles. Enterprises with a number of employees from 101 to 250 people and a turnover of no more than 2 billion rubles are considered medium-sized. In all three cases, the share of participation of the state should not be higher than 25%, of foreign legal entities - no more than 49%, and the share of legal entities that are not small and medium-sized businesses - no more than 49%.
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Application for participation in procurement from small businesses 44-FZ
According to Federal Law 44, small businesses receive some preferences when purchasing. However, they can use them and participate in procedures for SMP only under one condition: a declaration must be attached to the application. Indicate in it:
- Company name;
- the category to which it belongs - small or medium business;
- legal address;
- OGRN.
Then enter the indicators into the table. In particular, indicate the total share of state participation in the authorized capital of the company, the number of employees, and income for the past year.
Documentation on purchase from SMP under 44-FZ and contract
We looked at who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused about the concepts. For example, require that the participant belong either to a small business or to a socially oriented non-profit organization, and companies that fall into both categories and report this in the declaration are not allowed to bid. This is a violation confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service for Moscow in case No. 2-57-1428/77-18 dated 02/06/2018.
Advantages when purchasing from small businesses 44-FZ
According to 44-FZ, small businesses receive some preferences when purchasing. For example, if a sanction is imposed for violating the terms of a contract, the fine can generally reach 10% of the contract price if it is less than 3 million rubles, and 5% if the cost is in the range of 3-50 million. For small enterprises with contract price up to 3 million, the amount of the fine will be 3% of the contract value, if it is in the range of 3-10 million - 2%, 10-20 million - 1%.
Also, SMEs have lower tariffs for work on trading platforms. Let us remind you that in 2018 it became paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for SMP the upper limit is 2 thousand rubles.
How to distinguish, establish and combine advantages for SMP, UIS, OI and import
From the article you will learn:
✔ What benefits are established for participants of the SMP or SONO;
✔ Three main mistakes of mixed purchasing using a live example;
✔ In what cases are advantages established for the product of the UIS and OI;
✔ When benefits cannot be combined in one purchase:
From the article
Volume of mandatory purchases from small businesses 44-FZ
We defined small businesses according to 44-FZ and examined the criteria for their classification into this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this standard, customers use two ways:
- conduct procurement only among small businesses;
- establish in the procurement documentation a requirement to attract subcontractors from among the SMP.
Any procedure can be performed:
- competitions - paper electronic, open and closed, with limited participation, two-stage;
- electronic auctions;
- requests for quotations and proposals in any form.
NMCC at auctions only among SMP and SONCO should not exceed 20 million rubles. If 15% of purchases among SMP and SONKO are not reached, the contract manager will be fined 50,000 rubles.
Let's consider the calculation of the volume of mandatory purchases from small businesses 44-FZ. The annual volume is understood as the amount of money approved for the financial year to meet the needs of government customers. Earlier, the Ministry of Finance clarified that it takes into account contracts concluded in previous years, but for which payment takes place this year, as well as those concluded and paid in the current year.
When calculating the average annual purchase volume, the following are not taken into account:
- to ensure the defense capability of the Russian Federation;
- on providing loans;
- from a single supplier;
- in the field of nuclear energy use;
- closed procedures.
At the end of the year, the customer must publish in the Unified Information System a report on purchases from small enterprises and socially oriented non-profit organizations.
You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”
There are two ways to purchase from SMP and SONKO.
How to calculate the annual volume of purchases that need to be made from SMP and SONKO
This can be done more conveniently using the following formula:
| Annual volume of purchases from SMP and SONKO | = | - | × | 15% |
The 15 percent norm must take into account purchases in which SMP and SONCO:
When calculating the annual volume for purchases from SONKO and SMP, it is impossible to take into account the following purchases:
- to ensure national defense and security;
- loan services;
- from a single supplier (contractor, performer);
- work in the field of atomic energy;
- carried out using closed methods.
However, if these purchases, in addition to providing loans and purchases from a single supplier, were carried out from SONKO and SMP (under Part 1.2 of Article 30 of Law No. 44-FZ), their volume is still required . That is, the amount of these purchases does not need to be subtracted from the total annual volume when calculating. They also need to be enabled , which the customer draws up at the end of the year and which reflects the number of their purchases.
This procedure is given in parts 1.1, 1.2, 4 of Article 30 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated June 2, 2015 No. D28i-1455.
But if the calculated volume of purchases from SMP and SONKO was 0 rubles, then it is not necessary to purchase from them. This is possible if, for example, the customer makes all of his purchases only from a single supplier (contractor, performer). Such clarifications are given in letters of the Ministry of Economic Development of Russia dated March 11, 2015 No. D28i-643, dated February 18, 2015 No. D28i-413, dated December 31, 2014 No. D28I-2891.
Attention!If the customer purchases goods (works, services) from SMP and SONKO in a smaller amount than established by Law No. 44-FZ, he faces administrative liability. Thus, officials (contract manager, contract service employees) may be subject to an administrative fine in the amount of 50 thousand rubles. (Part 11 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, letter of the Ministry of Economic Development of Russia dated March 10, 2015 No. D28i-590).
An example of calculation and subsequent recalculation of procurement rates from SMP and SONKO
In 2016, the institution plans to conclude contracts:
- for the purchase of passenger cars (RUB 2,000,000);
- for the purchase of computers (600,000 rubles), including from a single supplier, in the amount of 80,000 rubles;
- for improvement of the territory of the institution (RUB 1,000,000);
- for current repairs (RUB 700,000);
- for maintenance of office equipment, computers (800,000 rubles), including from a single supplier, in the amount of 50,000 rubles.
At the end of 2015, the institution did not conclude contracts with execution in 2016.
The contract manager calculated the minimum volume of purchases from small businesses and socially oriented non-profit organizations.
He compiled:
(2,000,000 rub. + (600,000 rub. - 80,000 rub.) + 1,000,000 rub. + 700,000 rub. + (800,000 rub. - 50,000 rub.)) × 15% = 745,500 rub.
In 2016, the standard volume of purchases from such suppliers must be at least 745,500 rubles.
Within the calculated volume, the contract manager decided to purchase computer equipment in the amount of 520,000 rubles. through an open competition among SMP and SONKO. He indicated information about the provision of advantages and restrictions on the participation of suppliers who are not SONCO and SMP in the procurement notice and tender documentation.
During this competition, only one application was submitted that met the requirements. The competition was declared invalid. The contract manager sent an appeal to the control body to approve the conclusion of a contract with the participant who submitted the only application, as the only supplier. After 10 working days, approval was received and the contract was concluded.
Since the contract was concluded with a single supplier, the contract manager recalculated the annual volume of purchases from SMP and SONKO. He excluded from the calculation the purchase in the amount of 520,000 rubles.
He did it like this:
(RUB 2,000,000 - RUB 80,000 - RUB 520,000 + RUB 1,000,000 + RUB 700,000 + (RUB 800,000 - RUB 50,000)) × 15% = RUB 577,500
Thus, the annual volume of purchases from SMP and SONKO for 2016 changed and amounted to 577,500 rubles.
First procurement method: conduct procurement only among SMEs and SONKOs in a competitive way
In this case, the initial (maximum) contract price (NMCP) should not exceed 20 million rubles. This is stated in paragraph 1 of part 1 of article 30 of Law No. 44-FZ.
If the customer is identifying suppliers only among SMP and SONPO, then he must indicate this in the procurement notice (clause 2 of the letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. D28i-1296). And the participants, in turn, are obliged in applications their belonging to these categories.
In addition, the draft contract must include a requirement for payment for goods (work, services) for a separate stage of contract execution within 30 days from the date of signing the acceptance document. This is stated in parts 3, 8 of Article 30 of Law No. 44-FZ.
What should the customer do if the purchase under Law No. 44-FZ only among SMP and SONKO did not take place?
It makes sense for the customer to cancel this restriction and make the purchase in general procedure.
In this case, the contract price in small businesses and non-profit organizations do not need to be taken into account. That is, in includes only those purchases that have been completed exclusively for SMP and SONKO. But the remaining purchases do not need to be taken into account in the volume of purchases from SMP and SONKO, even if one of these categories of participants wins. This is stated in Part 4 of Article 30 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173.
Second procurement method: establish an additional condition in the procurement notice and draft contract
An additional condition of the contract is the requirement for the winner of the purchase to involve subcontractors (co-contractors) from among the SMP and SONCO in the execution of the contract. Any organization can be a participant in such a purchase, and the NMCC does not matter in this case.
It is worth noting that if the winner of such a purchase is SMP (SONKO), then this condition does not apply to it. This is what the Russian Ministry of Economic Development thinks in its letter dated September 17, 2015 No. D28i-2812. However, experts still recommend stipulating this in the draft contract.
The condition that the winner must involve subcontractors and co-executors from SMP and SONKO must be included in the contract. Among other things, you need to write down:
- the volume of such attraction - as a percentage of the contract price;
- a condition on civil liability of suppliers (contractors, performers) if they do not involve subcontractors, co-executors from SMP and SONKO in the execution of contracts;
- that this requirement does not apply to the winner from among SMP and SONKO.
An example of the wording of the condition that the winner must involve subcontractors and co-executors from SMP and SONKO
“The developer is obliged to involve subcontractors (contractors) from among small businesses and socially oriented non-profit organizations in the execution of the contract in the amount of 15 percent of the cost of this contract.
The developer bears responsibility to the Customer in accordance with the legislation of the Russian Federation for failure to fulfill the condition of involving subcontractors (contractors) from among small businesses and socially oriented non-profit organizations in the execution of the contract.”
This procedure is established in paragraph 2 of part 1, parts 5, 6 of Article 30 of Law No. 44-FZ and is explained in letters of the Ministry of Economic Development of Russia dated September 17, 2015 No. D28i-2812, dated April 6, 2015 No. D28i-837, dated 10 March 2015 No. D28i-590, dated December 9, 2014 No. D28i-2740.
Advice: In the draft contract (and in the contract itself), it is worth establishing a condition for its unilateral termination if the supplier (contractor, performer) improperly fulfills the condition. And then, if the counterparty, in accordance with the conditions, does not involve SMP and SONKO in the execution, the customer will be able terminate the contract (Clause 9 of the letter of the Ministry of Economic Development of Russia dated March 17, 2015 No. D28i-747).
How to prepare a report on the volume of purchases from SMP and SONKO
At the end of the year, customers report on the volume of purchases from SMP and SONKO. To do this, the contract manager or contract service employee draws up and places a special report in the Unified Information System. Deadline - until April 1 of the year, following the reporting one.
Report form and the requirements for filling it out were approved by Decree of the Government of the Russian Federation of March 17, 2015 No. 238.
The report must contain information:
- about the contracts that were concluded with SMP and SONKO;
- about failed procurements with the participation of SMP and SONKO.
At the same time, there is no need to include a purchase in the report when , and the winner of the purchase was the small business entity itself (or SONKO).
And, of course, there is no need to include procurement information in the report if the contract was concluded with a single supplier (contractor, performer) - in accordance with paragraph 25 of part 1 of Article 93 of Law No. 44-FZ. That is, when a competitive procurement (competition, auction, request for quotations) from SMP and SONKO turned out to be invalid.
Such rules are established in parts 4, 4.1 of Article 30 of Law No. 44-FZ and explained in letters of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173, dated December 23, 2014 No. D28i-2792.
Small business- a type of entrepreneurial activity that does not relate to associations. We are talking about small enterprises and small firms.
General information
Small businesses are commercial organizations and consumer cooperatives. They also include individuals who were registered in the unified state register as individual entrepreneurs and who carried out entrepreneurial activities without forming a legal entity.
Law No. 44 regulates relations that were aimed at ensuring municipal and state needs. The legislation of the Russian Federation does not contain specific information on procurement.
Procedure and rules for procurement from SMP under 44 Federal Laws
In the Russian Federation, there are standard requirements specified in Law No. 44, according to which the bulk of procurement is carried out. The minimum volume of goods purchased from small businesses should not be lower than 15%. To purchase from this type of organization, competitions of various levels are created:
- Two-stage;
- With limited participation;
- Open.
Additionally, purchases from such organizations can be carried out by:
- electronic auctions;
- requests for proposals;
- quotes.
It is a mandatory requirement when participating in competitions created by the state to be SONCO and SMP. Since such organizations perform a limited amount of work, the initial maximum contract value at auction should not be more than 20 million rubles.
In applications, procurement participants must note that they are SMEs or SONCOs (small businesses or socially oriented non-profit organizations). Otherwise, they may not be allowed to participate in procurement.
The contract also states that if suppliers do not begin to comply with the terms of the subcontractors' contract, they will be subject to civil liability.
Allowable volume
The total volume of purchases is approved for the current financial year. The calculation also takes into account payment for contracts that were concluded before the current year, but which will be valid during it. Previously, the legislation used a predetermined schedule as the permissible volume of purchases from small businesses.
However, later changes were made to Law No. 44 Federal Law, as a result of which the minimum volume of goods purchased from small businesses should not be lower than 15%.
Methods of procurement under 44 Federal Laws
According to the provisions of Federal Law 44, there are two ways to carry out procurement:
- Non-competitive procurement
These are purchases from a single supplier. The product is purchased for reasons listed in the Federal Law. Typically there are purchases that are made for the following reasons:
- Purchases from natural monopolies. Available for any amount. Information about the purchase is published on the official website of the federal service. Without publication, the action becomes illegal.
- In accordance with paragraph 4 of Article 93. The volume of purchases should not exceed 100 thousand rubles. The total amount for the year is no more than 500 thousand rubles. Procurement data from this category is not posted on the official website, but is entered into the contract register.
- Competitive procurement
Competitive procurement is divided into two groups:
- Open.
- Closed.
Open procurement is popular among participants and customers. Data about manipulations are posted on the official Internet resource. The procedure for carrying out actions is regulated by articles of Federal Law No. 44.
Closed procurement may be carried out on the basis of the requirements provided for in Article 84 - auctions and tenders. To become a participant in a closed auction or competition, you will need an invitation from the customer. In order to find out information about such an event in advance, you will need to analyze the schedule in detail or send a request to the potential organizer about the date of the competition.
What can you buy?
According to Federal Law No. 44, the following types of goods can be purchased from SMP:
- Grains;
- Vegetables and crops;
- Fish;
- Raw materials for mineral and chemical industries;
- Food products;
- Feed flour, coarse and fine grinding;
- Fats and oils;
- Beverages;
- Cloth;
- Leather and products;
- Timber;
- Industrial gases;
- Chemical components;
- Automatic data processing devices;
- Equipment;
- Appliances and consumer electronics and so on.
Before purchasing goods, services or work, they must be approved in an order that is valid from January 1, 2018.
Benefits for small and medium-sized enterprises under 44 Federal Laws
As Article 30 of Law No. 44 of the Federal Law states, government customers must place about 15 percent of the volume of annual purchases from SMP and socially oriented non-profit organizations. This volume does not include government procurement in the form of:
- issuing loans;
- ensuring state security;
- produced from one supplier;
- produced in closed competitions/auctions.
To prove that a participant belongs to the SMP, a declaration is required. Main advantages:
- When holding a competition/auction, only persons who belong to SONCO and SMP can participate in procurement;
- The initial cost of the procedure should not exceed 20 million rubles;
- When conducting a government purchase, a special condition is established for a participant in the standard procedure for attracting, in the form of a partner or subcontractor, a person who also belongs to SONCO or SMP.
Is there liability for non-compliance with the legislation on placing an order with SMP?
For non-compliance with the legislation on placing an order with SMP, administrative liability is provided. According to Article 7.30, the implementation of work, goods, and services to meet the municipal and state needs of small businesses must be strictly in accordance with legal requirements. In case of non-compliance, an administrative fine will be imposed on officials in the amount of 50 thousand rubles.
The article lists the main points that a supplier needs to know when participating in auctions that are placed for small businesses.
in the law on the Contract system (140-FZ) greatly pleased customers. But judging by the numerous questions, not everyone fully understood how to calculate the volume of purchases from SMP and SO NPOs(small businesses and socially oriented commercial organizations).The Law on the Contract System (44-FZ) in Article 30 specifies the procurement procedure from SMP and SO NPOs. Now, unlike the previous law 94-FZ, there is no upper limit in percentage terms, but only a requirement that the volume of purchases be at least 15 percent of all purchases made through open competitive procedures (tender, electronic auction, request for quotations and request proposals). Part 1 of Article 30 establishes that customers are required to make purchases from SMP and SO NPOs. But Part 1.1 of this Article 30 explains how to calculate the total annual volume of purchases from which we will consider the minimum amount of purchases from SMP and SO NPOs (at least 15 percent ). So, the total settlement amount of 15 percent does not include all purchases from a single supplier, i.e. purchases that the customer made under Part 1 of Article 93 (these are monopolists, utilities, rental of non-residential premises, purchases of small volumes up to 100 thousand and 400 thousand rubles in accordance with paragraphs 4 and 5, and so on, but in total in this part 37 points). We subtract all of them before calculating the interest on a small business.
For example, the total aggregate annual volume of purchases is 5 million rubles. Of these, 1 million are utilities and monopolists (communications), 1 million are purchases under paragraphs 4 and 5 of part 1 of Article 93 (small purchases up to 100 thousand and up to 400 thousand), 3 million - 3 electronic auctions with an initial (maximum) price of 1 million rubles. So for SMP and SO NPOs, we should initially calculate like this:
5 million -1 million -1 million= 3 million rubles
And from 3 million rubles, at least 15 percent, we must announce a purchase for SMP and SO NPOs. Based on the result of this competitive procurement, it is necessary to conclude a contract for an amount of at least 450 thousand rubles (15% of 3 million). More is possible, less is not possible. Therefore, for example, one of the auctions (for 1 million rubles) can be announced for SMP and SO NPOs. If there is a 20 percent reduction and we conclude a contract for 800 thousand, then we will fulfill the requirements of Article 30. But if the announced purchase does not take place (one participant comes), then the customer will go to the regulatory body for approval and, if the decision is positive, will enter into a contract with the only supplier under clause 25, part 1, article 93 in the amount of 1 million rubles and this amount will not be included in 15 percent. We recalculate the purchase amount from SMP and SO NPOs.
5 million - 1 million (utilities and monopolists) - 1 million (up to 100 thousand) - 1 million (from a single supplier according to clause 25) = 2 million rubles. The customer is obliged to purchase from SMP and SO NPOs at least 15 percent of 2 million rubles or an amount (in our example) of at least 300 thousand rubles.
If the customer has a small total annual volume of purchases and carries out all purchases under Part 1 of Article 93, then he may not purchase from SMP and SO NPOs. Read part 1.1 of Article 30, that purchases from a single supplier are not included in the overall calculation of purchases from SMP and SO NPOs.
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