So, instructions for making changes to the procurement plan under 223-FZ:

Step 1. Determine the reasons for making changes

223-FZ does not regulate changes to the procurement plan in detail. The general grounds for changing the procurement plan are enshrined in clause 8 of the Rules for its formation (dated September 17, 2012 No. 932).

These include:

• changes in the need to purchase works, goods and services (purchase terms, method of conducting a competitive procedure, contract execution period);
• price changes necessary work, goods, services by more than 10% of the planned amount, identified during preparation for the procurement procedure;
• other cases specified by the customer.

Changes may also be made due to:

• adjustments made to the investment or production program of the enterprise;
• changes in the procurement budget;
• changes in the amount of funding;
• carrying out repeated procurement procedures, etc.

Adjustments to the procurement plan are made only if they are provided for by Resolution No. 932 or the procurement regulations and other internal documentation of the customer. it is necessary to specify as fully as possible the cases when adjustment of the PP is possible.

• Information on forming and changing the procurement plan under 223-FZ Download in.docx

Step 2. Formalize the changes

After the basis for making adjustments has been found, the question arises of how to make changes to the procurement plan under 223-FZ. The answer to this question should also be sought in the procurement regulations of the enterprise. As a rule, adjustments are carried out in the same way as approval of the plan itself.

Here is an approximate procedure for making changes to the PP:

1. The interested department sends a justification for making changes to the procurement plan under 223-FZ, which indicates the basis for making adjustments, and also provides the content of such adjustments. Example of justification: “ Due to the need for...».
2. The procurement commission checks the submitted justification for compliance with its procurement regulations and other documents of the enterprise and makes a decision on the feasibility and legality of the proposed solutions.
3. An order to make changes is issued, which is signed by the head of the enterprise.

From July 1, 2018, new rules come into force for customers under 223-FZ. Throughout 2018, the law has been continuously changing: some of the new rules must be applied in January, some will come into force in July, and everything will finally be completed by 2019. See in the table which changes have already come into force and which will become mandatory in mid-summer.

- From the article

A sample order to amend the procurement plan under 223-FZ must contain the following attributes:

• date of registration;
• the basis for making changes with reference to the clause of the internal document;
• changes made by the plan. They should be presented in such a way that it is clear what and where was added, corrected or excluded.

Changes to procurement information in the UIS are carried out by posting a document containing full list amendments made (clause 5 of September 10, 2012 No. 908). The order discussed above can act as such a document.

Step 3: Posting Changes

We continue to answer the question of how to make changes to the procurement plan under 223-FZ. First of all, let's consider the deadline for posting changes. After the adjustments are approved, the customer has 10 calendar days for publication of such changes (clause 14 of resolution No. 908).

From July 1, customers must get used to the new rules of the Law on the procurement of goods and materials by individual legal entities, which will soon come into force. Customers should take into account that they have affected the deadlines within which documents must be placed in the UIS. .

Let's consider the procedure for making changes to the PP. The enterprise makes adjustments to the structured view of the plan and/or publishes:

• electronic type of PP;
• modified graphic image of the PZ.

This is stated in paragraphs. 18.19 of resolution No. 908.

In addition, the organization publishes a document or an electronic image of the document, which contains a list of all adjustments to the PP.

Thus, the deadline for publishing changes to the procurement plan under 223-FZ is 10 calendar days. When making adjustments to the structured view of the plan, the system will display a dialog box in which you must indicate the rationale for making changes to the procurement plan under 223-FZ. What to write? For example, a change in the cost of work, goods, services by more than 10% compared to planned figures.

How to change a plan in the EIS

To change the PO, select required document in the register of plans and in the context menu, click “Create a change project”. The system will open the tab " general information", all fields in which are filled in according to information from the current version of the plan. Make changes and fill out the “Rationale for changes” field based on the reasons from the Regulations.
Click Next and fill out the tabs as described above. Attach the current version of the plan, decision on adjustment, or other documents. Click the Finish button.
You can change not the entire plan, but individual positions. To do this, select the desired position and select “Make changes” in the context menu. Select the reason why you are making changes.
If you check the box “Other case”, please justify it. Make your edits and click Finish.

In a business that involves government interests, procurement planning is not only part of effective management, but also a statutory responsibility. Procurement plan under 223 Federal Law – necessary condition management of financial resources in the field of providing certain business entities with material resources.

Who should make a plan and when?

For all enterprises that fall under Federal Law 223 of July 18, 2011, planning of supply (purchasing) operations is mandatory. The state introduced such an obligation, pursuing two main goals:

• preliminary informing of the business community and, as a result, ensuring the conclusion of more beneficial contracts for customers;
• unification of the preliminary planning procedure for all market participants.

Achieving these two goals within the framework of Federal Law 223 ensures the procedure for the customer to formulate a procurement plan for the next year.

There are no statutory exceptions for subjects (enterprises), however, there are exceptions for operations that may not be included in the procurement plan under Federal Law 223.

By general rule, the map of procurement operations for the next year must be posted on the official information resource in compliance with two deadlines:

• no later than 10 days from the date of official approval (the date that is reflected in the document on the adoption of the plan for the next year);
• until December 31 of the current year.

Since the entry into force of the procurement law, it has not been established at the legislative level that business entities should be held responsible for violation of the specified deadlines.

There is no such responsibility today. Perhaps it is for this reason that the plans of even some large corporations with state participation published in violation of the established deadlines.

The Federal Antimonopoly Service is aware of this omission and is planning to introduce amendments to the Code on administrative offenses, which will provide for liability for violation of deadlines for submitting information on planning procurement activities.

How to compose

The form of the procurement plan under 223 Federal Law is determined by the business entity independently. But this does not mean that an enterprise can completely do without regulating this important part of supply planning.

According to Federal Law 223, the form of the procurement plan, the procedure for its preparation, approval and placement must be enshrined in the local procurement regulations.

Also, a sample procurement plan under Federal Law 223 can be recorded locally. If in the course of its activities an enterprise violates the norms of its own regulations, this is equivalent to a violation of legal norms.

It is therefore obvious that a sample procurement plan under 223 Federal Law should be drawn up as conveniently and simply as possible, so that when drawing up documents, its use does not complicate the administration of business intentions, but, on the contrary, allows for more efficient management of available resources to meet expected needs.

As an example of a procurement plan under Federal Law 223, you can use plans published on the official website by large corporations.

For convenience, a plan can be drawn up based on the mandatory submission of the following information:

In addition to the specified parameters, when drawing up a procurement plan under Federal Law 223, the customer notes:

• nature of the operation;
• its quantification;
• price request (initial maximum contract price);
• planned procurement schedule.

The plan is approved by an official who is vested with such powers in accordance with the Regulations, after which the procedure for publishing the plan on the official information resource begins.

Posting on the site

Officially, the moment of posting a procurement plan on an information resource is the publication of this plan in the open part of the procurement website. It's about about the official procurement website.

Enterprises have the right to post such information on their own websites at any time and in any form that suits their corporate policy. But such publication does not cancel the obligation to post the procurement map on the official information resource.

Before publication in the open part of the site, the planned supply map is checked in the so-called closed part. During the verification process, the customer provides the site administration with the following information:

• documents confirming that this plan is documented (drawn up in the format of a local document of the enterprise);
• documents approved by an authorized official of the customer.

Once this identification has been made, the plan will be made publicly available.

Alteration

According to current rules for planning business operations, enterprises must draw up a reasonable procurement plan for the next year at the beginning of the second half of the year.

A.N. Evstashenkov,
Deputy Head of the Expert Consulting Center
Institute of Public Procurement

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

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 draft contract), as well as procurements for which a special decision of the Government of the Russian Federation was adopted in accordance with Part 16 of Art. 4 of Law No. 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 Procurement Regulations using the "y" method. sole supplier"(provided that information about such procurements does not constitute a state secret and no special decision has been made on them by the Government of the Russian Federation). According to the authors of this publication, information about such procurements is subject to mandatory inclusion in the procurement plan approved by the customer (note: preferably before the day of concluding 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 programs approved by him, for example:
A) 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, including technical re-equipment and reconstruction, including in the area information technologies, 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 for customers purchasing innovative or high-tech products, as well as medicines. Such customers should form separate long-term ones (see Table 1).

Table 1

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

The criteria for classifying purchased products as innovative and (or) high-tech for the purpose of forming a procurement plan are established by federal authorities executive power(Part 4 of Article 4 of Law No. 94-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 November 1, 2012 N 881.
When planning purchases of “ordinary” products, as well as when planning purchases of high-tech, innovative products, medicines, the customer must form two separate purchase plans, the content of each of which will be different (see Table 2).

table 2

Comparison of information included in

	Procurement plan for high-tech, innovative products, medicines
1. Name, location, telephone and address Email customer.	1. Same as column 1.
2. A serial number that is formed sequentially from the beginning of the year (for example, 1, 2, 3, etc.).	2. Same as column 1.
3. Subject of the agreement indicating identification code procurement in accordance with OKVED with mandatory completion of sections, subsections and recommended completion of classes, subclasses, groups, subgroups and types and OKDP with mandatory completion of sections, subsections and recommended completion 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 - DA15.11.1, OKDP code - D1511010.	3. Subject of the contract with the recommended indication of the procurement identification code, consisting of OKVED codes with completion of sections, subsections and OKDP with completion of 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 for the purchased goods (works, services) stipulated by the contract, including functional, technical, quality 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 of purchased goods (works, services) and code according to the All-Russian Classifier of Units of Measurement (OKEY) (for example, meter, OKEI code 006).	5. Not filled in.
6. Information on the quantity (volume) of goods (works, services) purchased in in kind(note: if within one lot the customer purchases a specification various types goods having 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).	6. Not filled in.
7. Region of 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 out.
8. Information about the initial (maximum) contract price (lot price) (for example, 1,000,000 rubles).	8. Not filled in.
9. Planned date or period for posting the procurement notice (year, month) (for example, 05.2013).	9. Only the year in which the notice is planned to be posted is indicated.
10. Duration of the contract (year, month) (for example, 07.2015).	10. Only the year in which the notice is planned to be posted is indicated.
11. Procurement method (for example, open tender or other method provided for in the Procurement Regulations).	11. Not filled in.
12. Purchase in electronic form(Not really).	12. Not filled in.

Each of the specified procurement plans must be formed in the form of a single (note: one) document in electronic format (for example, in doc format), providing the ability to save it on technical means users and allowing the ability to search and copy an arbitrary fragment of text using the appropriate viewing program (note: i.e., in other words, it is not allowed to create a procurement plan in the form of a scanned document or a secure pdf file).
In accordance with Decree of the Government of the Russian Federation dated September 10, 2012 N 908 “On approval of the Regulations on the posting of procurement information on the official website,” the placement of the procurement plan on the official website must be carried out by the customer within 10 calendar days from the date of its approval, but no later than 31 December this year calendar year. Organizations applying the provisions of Law N 223-FZ from January 1, 2014, as well as budgetary institutions who adopted the procurement regulations 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 carried out in the first year of application of the provisions of Law N 223-FZ.
To post a procurement plan on the official website, the customer’s representative must post a procurement plan generated in electronic format or a structured view of such a plan in the closed part of the site (note: a structured view means a procurement plan generated using the official website). This requirement will be valid until December 31, 2014. At the customer’s discretion, a graphical view of the procurement plan (for example, a scanned copy of the original procurement plan, displaying the customer’s signature and seal) can be posted on the official website along with a structured view of the procurement plan. The procurement plan is considered to be properly posted on the official website after the structured view of the procurement plan and (or) is posted in the public part of the official website electronic form procurement plan or a structured view of the procurement plan and a graphical view of such a plan.
The fact that they should be approved for one year, and in relation to innovative, high-tech products and 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 dated September 17, 2012 N 932, the procurement plan adopted by the customer can be adjusted. Adjustments to the procurement plan can be made, among other things, in the following cases:
a) changes in the need for goods (works, services), including the timing of their acquisition, 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 goods (work, services) planned for purchase, identified as a result of preparation for the procedure for conducting a specific purchase, as a result of which it is impossible to carry out the purchase in accordance with the planned volume Money, provided for by the plan procurement;
c) in other cases established by the procurement regulations and other customer documents.
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 regulations, as well as in the customer’s documents, it will be impossible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting OKVED codes, OKDP codes of products planned for purchase, in terms of conducting procurement in electronic form, etc.
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 purchase notice and procurement 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 regulations adopted by the customer.

For example, as follows:
“The procurement is carried out on the basis of a plan for the procurement of goods, works and services approved and posted on the official website.
The formation of a procurement plan and its placement on the official website is 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."
In addition, it is recommended to reflect the interactions in the procurement regulations structural divisions customer when carrying out these processes. In each specific organization, such interaction can be built individually.

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In the article we will analyze how and in what time frame to formulate a procurement plan for customers under 223-FZ, whether it is possible to make changes to the published plan, as well as what features exist in planning the procurement of innovative, high-tech products and medicines.

1. Plan for the purchase of goods, works, services for a period of at least 1 year.
2. Plan for the purchase of innovative products, high-tech products, medicines for a period of 5-7 years.

The procurement plan for goods, works, services is information base for all persons interested in participating in procurement carried out by the customer, since it contains information about the customer’s needs, prices of proposed purchases and their timing.

The procurement plan helps plan participation in procurement carried out by customers. A well-formed procurement plan helps to expand the number of procurement participants and, as a result, effectively spend funds.

The procedure for forming a procurement plan, the procedure and timing for placing such a plan in the Unified Information System, and the requirements for the form of such a plan are established by Decree of the Government of the Russian Federation dated September 17, 2012 No. 932.

The plan must contain information about the customer, the serial number of the purchase, the minimum required requirements for the procurement items, units of measurement, terms and planned dates for the purchase, information about the NMCC, terms of execution of the contract and other information determined by Law No. 223-FZ and Resolution No. 932.

The procurement plan published by the customer provides for a quarterly or monthly breakdown. The timing and procedure for preparing the procurement plan are determined by the Customer independently, as a rule, in the Procurement Regulations. At the same time, it should be taken into account that the placement of the procurement plan (amendments) in the Unified Information System must be made within 10 calendar days from the date of its approval (amendments).

The procurement plan is posted in the Unified Information System no later than December 31 of the current calendar year.

However, not all purchases are necessarily included in the procurement plan. Purchases not included:

• constituting a state secret;
• on which a decision was made by the Government of the Russian Federation;
• the need for which arises as a result of an accident, emergency, or force majeure circumstances.

In addition, the procurement plan may not reflect information on the purchase of goods (work, services) if their cost does not exceed 100,000 rubles, and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles. , - information on the purchase of goods (work, services), the cost of which does not exceed 500,000 rubles.

Planning is carried out “positionally”, with a separate line for each planned procurement procedure. When filling out items in the procurement plan, write down the minimum requirements for the procurement object, not just referring to technical specifications(see Letter of the Ministry of Economic Development of the Russian Federation dated May 30, 2014 No. D28i-830). This will allow you to distinguish one purchase with a similar item from another, avoiding complaints from participants.

Changes to the procurement plan under 223-FZ

Often, customers are faced with a change in the need for procurement or a change in the cost of GWS planned for purchase by more than 10%. In this case, it is necessary to adjust the procurement plan and place the modified procurement plan in the Unified Information System.

The procurement plan can be changed an unlimited number of times. In this case, the customer develops the grounds for making changes independently. When making changes to the procurement plan, it will be necessary to place a document in the UIS with a list of changes made.

If the procurement is carried out through a competition or auction, changes to the procurement plan are made no later than the posting of the procurement notice, procurement documentation or changes made to them in the Unified Information System. For other procurement methods, such restrictions are not provided for by law. At the same time, it is advisable to establish, regardless of the procurement method, uniform terms and procedures for creating and adjusting the procurement plan.

When forming a procurement plan, the customer may have practical questions. For example, is it necessary to create a procurement plan if all purchases are planned to be made up to 100,000 rubles? Yes, in any case, it is necessary to create both plans, filling them with zero values ​​(Letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. OG-D28-7458).

Or, if the customer will enter into a long-term contract, how to properly plan the purchase? In this case, information about such a contract is reflected once, only in the procurement plan of the year in which the purchase takes place, while the procurement plan must reflect the volume of purchases for the entire period of the contract.

A special place in the procurement planning system according to Law No. 223-FZ is occupied by support for small and medium-sized businesses.

Decree of the Government of the Russian Federation dated December 11, 2014 No. 1352 determined procurement quotas from SMEs for certain group customers:

Attention! From 01/01/2018, amendments to Resolution No. 1352 will come into force, which will increase quotas for “targeted” (organized for this category of participants) purchases from SMEs.

Procurement plan for innovative, high-tech products and medicines

In addition to the purchase plan for the current financial year, customers are required to place in the Unified Information System for a period of 5 to 7 years plans for the purchase of innovative products, high-tech products, and medicines. The criteria for classification as innovative, high-tech products are determined by federal executive authorities in the established field of activity, as well as by the State Corporation Rosatom. If the customer plans to purchase innovative products, high-tech products, or medicines, information about them should be included in both plans.

Currently, a number of executive authorities have approved such criteria for use in planning procurement related to activities in the areas they regulate (education, science, healthcare, transport, etc.).

Purchases from SMP under 223-FZ

In relation to customers named in Orders of the Government of the Russian Federation dated November 6, 2015 No. 2258-r and dated April 19, 2016 No. 717-r, compliance with procurement requirements from SMEs is controlled by the Federal Corporation for the Development of Small and Medium Enterprises, as well as executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes. In relation to such customers, draft procurement plans, procurement plans for innovative, high-tech products, medicines, as well as draft amendments to such plans are subject to conformity assessment.

Compliance monitoring is carried out in relation to approved plans, changes made to such plans, and in relation to annual reports individual customers in part.

Only those customers who are subject to assessment and monitoring procedures form a section in procurement plans on participation in SME procurement.

Fines for failure to publish a procurement plan under 223-FZ

In conclusion, let us remind you of the administrative responsibility of the customer for failure to place or violation of the deadlines for posting in the Unified Information System information on procurement, the placement of which is provided for Federal law No. 223-FZ. So, by virtue of Part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, failure to post procurement information in the Unified Information System, the placement of which is provided for by law, entails a fine on officials in the amount of 30 to 50 thousand rubles; for legal entities - from 100 to 300 thousand rubles.

Violation of the deadlines for posting procurement plans is also fraught with fines - officials can be brought to administrative liability in the form of a fine of 2 to 5 thousand rubles; legal entities- from 10 to 30 thousand rubles (Part 4 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

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The procurement plan under 223-FZ can be adjusted if necessary, and all changes to the procurement plan must be recorded on the official website.

If the plan is updated, the following documents must be published:

• Procurement plan in a new edition;
• A document containing a list of plan adjustments.

A change in the procurement plan must be justified and possible in the following cases:

1. If the need for goods, works or services changes. This also applies to the timing of the acquisition, the method of implementation of the purchase and the duration of the contract. 2. If changes concern the cost of goods, works or services planned for procurement by more than 10%. 3. In other cases that are specified in the Procurement Regulations and customer documents.

In the Procurement Regulations or other regulatory document, the customer has the right to establish cases in which an amendment to the plan is possible; an order to amend the procurement plan is also required.

If the method of procurement of goods or works or services is a competition or auction, changes to the procurement plan can be made no later than the publication of the notice or procurement documentation or changes made to the documentation and notice.

The procurement plan for goods, works and services must contain the following information:

• name, location address, telephone and email address of the customer;
• serial number, which is formed sequentially from the beginning of the year;
• the subject of the contract indicating the procurement identification code in accordance with one of the classifiers that we use;
• the minimum necessary requirements for the purchased goods, stipulated by the contract, including functional, technical, quality and performance characteristics of the subject of the contract, allowing the identification of the purchased products;
• units of measurement of purchased goods, works and services and code according to the All-Russian Classifier of Units of Measurement (OKEY);
• information on the quantity (volume) of purchased goods, services and works in kind;
• region of supply of goods, performance of work, provision of services and code according to the All-Russian Classifier of Objects of Administrative-Territorial Division (OKATO);
• information about the initial (maximum) contract price (lot price);
• planned date or period for posting the procurement notice (year, month);
• duration of the contract (month, year);
• procurement method. It is assumed that any potential procurement participant, having seen how the customer plans to place an order, will open the participant’s position and familiarize himself with the conditions and regulations of that particular procurement method;
• Is the procurement carried out in electronic form (yes/no).