Procurement planning within the framework of the contract system: implementation procedure. Procurement plan to help the customer Timing frequency of planned purchases example

Federal Law No. 44-FZ dated 05.04.2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter - Law No. 44-FZ) regulates the procurement process in sufficient detail, setting the deadlines for almost every step . However, power ministries and departments will have to be guided not only by this law, since they carry out purchases not only to meet their own needs, but also to ensure the defense and security of our country. In the article, we will consider the deadlines that must be observed when making purchases, including for the state defense order, since administrative responsibility is established for their violation.

Procurement planning.

Procurement planning is an important stage of procurement activities. In accordance with Law No. 44-FZ, planning is carried out through the formation, approval and maintenance of procurement plans and procurement schedules. All the deadlines that must be observed when compiling and maintaining these documents are defined in the following decrees of the Government of the Russian Federation:

dated 05.06.2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs”;
dated 05.06.2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs”.

For clarity and convenience, we present the main terms in the table.

Events	Deadlines
Approval of procurement plans and procurement schedules	Within 10 business days from: – bringing the approved limits for state and municipal institutions; – approval of plans (programs) of financial and economic activities for budgetary and unitary enterprises; – conclusion of agreements on the provision of subsidies for the implementation of capital investments for autonomous institutions
Accommodation in a single information system(EIS) procurement plans, procurement schedules
Making changes to the procurement schedule	Not later than 10 days before the date of placement in the EIS of a notice of procurement, sending an invitation to take part in determining the supplier (contractor, performer) for each procurement object
Placement of changes made to the procurement schedule or procurement plan in the EIS	Within three working days* from the date of approval of such plans, with the exception of information constituting a state secret

* Decree of the Government of the Russian Federation of October 29, 2015 No. 1168 “On approval of the Rules for placing in a unified information system in the field of procurement plans for the procurement of goods, works, services to meet state and municipal needs, schedules for the procurement of goods, works, services to provide state and municipal needs."

At the same time, the features of procurement planning within the framework of the state defense order are established by the Federal Law of December 29, 2012 No. 275-FZ “On the State Defense Order” (hereinafter - Law No. 275-FZ). In particular, according to Art. 5 of this law, the Government of the Russian Federation approves the state defense order and measures for its implementation within a month after signing by the President of the Russian Federation federal law on the federal budget for the next financial year and planning period.

When approving a defense order, the Government of the Russian Federation approves state customers. Recall that in this case they are:

federal agency executive power;
State Atomic Energy Corporation "Rosatom";
State corporation for space activities "Roskosmos".

It should be noted that when approving a defense order, the Government of the Russian Federation has the right to set deadlines for placing assignments (clause 2, clause 1, article 12 of Law No. 275-FZ). This should contribute to ensuring the work of defense industry enterprises from the beginning of the next year (without delay).

According to Part 1 of Art. 6 of Law No. 275-FZ, the state defense order is placed in the manner prescribed by Law No. 44-FZ, taking into account the specifics determined by Law No. 275-FZ. However, this law does not regulate the timing of the procurement procedures, so we will be guided by the norms of the legislation on the contract system.

Note:

For violation of the deadline for approving the procurement plan, the procurement schedule (changes made to these plans) or the deadline for placing the procurement plan, the procurement schedule (changes made to these plans) in the EIS, Part 4, Art. 7.29.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative responsibility. Officials of the customer will pay a fine in the amount of 5,000 to 30,000 rubles.

Deadlines to be observed when determining a supplier.

Any procurement procedure can be divided into several stages: preparation of documentation, its placement in the EIS, collection of applications or proposals, determination of the winner and conclusion of a contract. For almost every stage, Law No. 44-FZ defines the deadlines for performing certain actions, for each type of procurement (open tender, request for quotations, etc.) they have their own.

For example, consider the most common forms of supplier determination: tender and electronic auction.

Competition stage	Deadlines
Placement of a notice in the EIS	At least 20 days before the date of opening the envelopes with applications for participation in the competition (part 1 of article 49 of Law No. 44-FZ)
Making changes to the tender documentation	Five days before the deadline for filing applications, while the deadline for filing applications must be extended so that from the date of making changes to the tender documentation until the deadline for filing applications, at least 10 working days remain (part 6 of article 50 of Law No. 44-FZ)
Purchase Cancellation	Not later than five days before the deadline for filing applications (part 1 of article 36 of Law No. 44-FZ)
Placement of the envelope opening protocol in the EIS and opening access to applications in in electronic format	Not later than the business day following the date of signing the protocol (part 7 of article 52 of Law No. 44-FZ)
Consideration and evaluation of applications	Not more than 20 days from the date of opening the envelopes with applications and (or) opening access to those submitted in electronic form applications (Part 1, Article 53 of Law No. 44-FZ)
Placement of the protocol of consideration and evaluation of applications in the EIS	No later than the working day following the date of signing the protocol (one copy is kept by the customer, the other copy is sent to the winner of the tender or the only participant within three working days from the date of its signing) (part 12 of article 53 of Law No. 44-FZ)
Signing the contract by the winner and sending it to the customer	Within 10 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 3 of article 54 of Law No. 44-FZ)
Conclusion of a contract	Not earlier than 10 days and not later than 20 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 2 of article 54 of Law No. 44-FZ)

It should be noted that when purchasing goods, works or services, information about which is a state secret, closed methods for determining suppliers are used, for example, a closed tender. When conducting it, it is important to pay attention to the following terms (Article 85 of Law No. 44-FZ):

a notice of a closed tender is placed by the customer in the EIS at least 30 days before the date of opening the envelopes with applications for participation in the tender. If notification is not required, the customer is obliged, no later than 20 days before the date of opening the envelopes with applications for participation in the tender, to send invitations to take part in the closed tender to persons who meet the requirements provided for by Law No. 44-FZ and have access to information constituting state secret;
tender documentation must be sent to persons interested in participating in the procurement within three days from the date of receipt of requests from them. If the request was sent by a person to whom an invitation was sent to take part in a closed tender, the documentation must be provided no later than two business days from the receipt of the corresponding request;
no later than 20 days before the date of opening the envelopes with applications for participation in a closed tender, the customer sends to the authorized federal executive body a list of all persons to whom the tender documentation was sent at their request, and copies of all invitations to take part in such a tender;
the protocol for opening envelopes with applications for participation in the competition, as well as the protocol for considering and evaluating applications for participation in it, no later than the working day following the date of their signing, are sent to the authorized federal executive body, that is, to the FAS. Within the same period, a copy of the protocol for the consideration and evaluation of applications for participation in the competition must be sent to the participants in the closed competition who submitted applications for participation in it.

Procedure electronic auction somewhat more complicated, since one more actor is added (in addition to the customer and participants) - an electronic platform on which, in fact, the purchase is carried out.

So, as usual, competitive procurement begins with the placement of a notice:

no later than seven days before the deadline for accepting applications - with the NMCC up to 3 million rubles;
no later than 15 days - with the NMCC more than 3 million rubles.

If, during the collection of applications, any of the participants requests clarification of the provisions of the documentation on the electronic auction, the customer is obliged to provide those within two days (part 4 of article 65 of Law No. 44-FZ).

The customer, on his own initiative or in accordance with the received request for clarification of the provisions of the documentation for an electronic auction, has the right to decide to amend the documentation for such an auction no later than two days before the deadline for submitting applications for participation in the auction. Within one day from the date of adoption of the said decision, the changes must be posted in the EIS. At the same time, the deadline for submitting applications for participation in such an auction should be extended so that from the date of placement of changes until the deadline for submitting applications, at least 15 days remain (if the NMTsK is more than 3 million rubles) or at least seven days (if the NMTsK is less than 3 million rubles).

You can cancel an electronic auction no later than five days before the deadline for accepting applications (Part 1, Article 36 of Law No. 44-FZ).

Since the application for participation in the electronic auction consists of two parts, according to Part 2 of Art. 67 of Law No. 44-FZ, the customer can consider the first part of the application no more than seven days from the deadline for filing applications. Based on the results of the consideration, a protocol is drawn up, which must be posted in the EIS no later than the deadline for consideration of applications. Two days after the deadline for consideration of the first parts of applications, the auction itself is held.

Consideration by the commission of the customer of the second parts of applications should not exceed three working days from the date of placement on electronic platform protocol for conducting an electronic auction.

Note:

The final protocol must be posted no later than the working day following the date of its signing (part 8 of article 69 of Law No. 44-FZ).

A contract is concluded with the winner of the auction. His draft without the customer's signature must be placed in the EIS within five days from the date of placement of the final protocol in the EIS. Within five days from the date of placement of the draft contract, the winner of the auction must place the signed contract in the EIS.

According to part 7 of Art. 70 of Law No. 44-FZ, within three working days from the date of placement in the EIS of the contract signed by the winner of the electronic auction, the customer is obliged to place the contract signed on his part.

Each step of the customer, each of his actions (as well as the actions of the participants) are strictly regulated. Note that we have considered the general terms without taking into account that the determination of the supplier may be suspended (for example, in connection with the filing of a complaint) or the notice may be amended.

Payment for goods, works or services.

It is not enough to meet the deadlines when making a purchase and concluding a contract with the winner. During the execution of the contract, Law No. 44-FZ defines many actions, the deadlines for which the customer is obliged not to violate.

For example, this applies to payment for the delivered goods, work performed, services rendered, or individual stages of the execution of the contract. Most recently (from 05/01/2017), the terms for making payments under government contracts have been adjusted.

By general rule the payment term under the contract should be no more than 30 days from the date of signing by the customer of the acceptance document, with the exception of some cases (part 13.1 of article 34 of Law No. 44-FZ).

In particular, if the purchase was carried out among small businesses and socially oriented non-profit organizations, the contract concluded with such an organization must contain a mandatory condition for the customer to pay for the delivered goods, work performed (its results), services rendered, individual stages of the contract execution no more than within 15 working days from the date of signing by the customer of the acceptance document (part 1 of Art. 8 article 30 of Law No. 44-FZ).

If the terms of payment by the customer for goods, works or services are not included in the draft contract and documentation, this may result in a fine under Part 4.2 of Art. 7.30 Administrative Code of the Russian Federation - in the amount of 3,000 rubles.

Deadlines for sending information for inclusion in the register of contracts.

After the conclusion of the contract, the customer must send certain information on it to the federal treasury, authorized body executive power of the constituent entity of the Russian Federation or local government(Decree of the Government of the Russian Federation dated November 28, 2013 No. 1084 “On the procedure for maintaining the register of contracts concluded by customers and the register of contracts containing information constituting a state secret”) to include it in the register of contracts.

This must be done no later than three working days from the date of conclusion of the contract. At the same time, information on the changed terms of the contract must be reported to the Treasury.

In addition, within three working days, the customer is obliged to send to the treasury:

information on the performance of the contract, including information on payment for the contract, accrual of penalties (fines, penalties) due to improper performance of obligations under the contract;
information about the termination of the contract, indicating the grounds;
a document on acceptance in case of a decision to accept the delivered goods, work performed, services rendered.

Note:

For violation of the deadlines for sending information to be included in the register of contracts, Part 2 of Art. 7.31 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for officials - a fine of 20,000 rubles.

Register of unscrupulous suppliers.

According to Part 4 - 6 Art. 104 of Law No. 44-FZ, the customer must send to the control body (FAS, its territorial bodies) information about the procurement participant and the supplier for inclusion in the register of unscrupulous suppliers.

It is necessary to transfer such information within the following terms (Article 104 of Law No. 44-FZ):

within three working days from the date of conclusion of the contract with the participant whose bid or offer was assigned the second number, if the winner of the supplier determination evaded the conclusion of the contract;
within five working days from the date of expiration of the contract signing period specified in the procurement documentation, if the only procurement participant who submitted an application or proposal and with whom a contract is concluded in the cases provided for in clauses 24, 25, part 1 of Art. 93 of Law No. 44-FZ, evaded his conclusion;
within three working days from the date of termination of the contract by a court decision or in connection with the unilateral refusal of the customer to perform the contract.

Failure to comply with these deadlines is fraught with administrative liability under Part 2 of Art. 7.31 of the Code of Administrative Offenses of the Russian Federation: an official faces a fine in the amount of 20,000 rubles.

Contract performance report.

Recall that such a report is posted in the EIS in accordance with Part 9 of Art. 94 of Law No. 44-FZ. The terms of its placement are established by Decree of the Government of the Russian Federation of November 28, 2013 No. 1093. The report is published by the customer in the EIS within seven working days:

from the date of payment by the customer of obligations and signing by him of a document on acceptance of the results of the execution of the contract and (or) the results of a separate stage of its execution, and in case of creation acceptance committee- from the date of signing such a document by all members of the acceptance committee and its approval by the customer for a separate stage of contract execution;
from the date of payment by the customer of obligations under the contract and the signing of the document on acceptance of the delivered goods, work performed and services rendered, and in the case of the creation of an acceptance committee - from the date of signing such a document by all members of the acceptance committee and its approval by the customer;
from the date of termination of the contract, that is, from the day determined by the agreement of the parties on termination of the contract, the day the court decision on termination of the contract comes into force or the day the decision of the supplier, contractor or contractor (hereinafter referred to as the contractor) or the customer on unilateral refusal to perform comes into force contract.

Failure to comply with this period is qualified by controllers as an administrative offense in accordance with Part 1.4 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation, for which a fine is imposed:

for officials - in the amount of 15,000 rubles;
on the legal entities- in the amount of 50,000 rubles.

Deadlines to be observed when terminating a contract.

Note that in order to meet the deadlines, it is of interest to terminate the contract if the customer decides to unilaterally refuse to fulfill it. The cases of making such a decision without fail are named in Art. 95 of Law No. 44-FZ.

So, the decision on the unilateral refusal to perform the contract, the customer must, within three working days from the date of its adoption:

place in the EIS;
send to the supplier (contractor, performer).

The date of the proper notification of the supplier is the date of receipt by the customer of confirmation of delivery of the specified notification to the supplier or the date of receipt by the customer of information about the absence of the supplier at the address indicated in the contract. If it is impossible to obtain the specified confirmation or information, the date of such proper notification is the date after 30 days from the date of placement of the customer's decision on the unilateral refusal to execute the contract in the EIS.

The customer's decision to unilaterally refuse to perform the contract enters into force and the contract is considered terminated 10 days from the date the customer duly notified the supplier (contractor, performer) of the unilateral refusal to perform the contract (part 13 of article 95 of Law No. 44-FZ).

Responsibility for violation of deadlines.

Penalties for violation of deadlines during procurement are rather big, and the specific amount of the fine often depends on how late the execution of one or another stage of the procurement is. So, according to part 1 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation, violation of the terms for posting information and documents in the EIS, the placement of which is provided for by Law No. 44-FZ, during a tender and auction for no more than two working days, entails the imposition of an administrative fine on officials in the amount of 5,000 rubles, and on legal persons - 15,000 rubles. But if these deadlines are violated by more than two working days, the fine for officials will be 30,000 rubles, for an institution - 100,000 rubles. (part 1.1 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The maximum fine for violating the terms for posting information and documents when conducting a request for quotations, a request for proposals, or making a purchase from sole supplier(contractor, performer) is 10,000 rubles. for officials and 50,000 rubles. for an organization (parts 1.2, 1.3 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The largest fine for an organization is 500,000 rubles. - Part 3 of Art. 7.30 Administrative Code of the Russian Federation. It is applied for non-posting of information and documents in the EIS, the placement of which is established by law. For example, the FAS Commission for Control in the Sphere of State Defense Orders, in Decision No. PGZ-190/17 dated 08/03/2017, considered: since the customer did not place in the UIS project documentation during the auction for overhaul, there is a commission administrative offense falling under h. 3 Article. 7.30 Administrative Code of the Russian Federation.

The remaining fines are much lower - up to 50,000 rubles. They are applied to officials for shortening the deadlines for filing applications for participation, violation of the deadlines for signing protocols, non-compliance with the deadline for posting a notice of procurement.

* * *

In conclusion, we note that compliance with the deadlines is almost always checked by the control body. Since the result of their violation can be not only administrative responsibility, but also the cancellation of the purchase, we recommend that the customer's officials responsible for compiling the procurement documentation, its implementation and other procedures be more careful.

The information to be transferred is named in Art. 104 of Law No. 44-FZ, and some terms are specified in the Rules for maintaining the register of unscrupulous suppliers, approved by Decree of the Government of the Russian Federation of November 25, 2013 No. 1062.

"On the procedure for preparing and posting in a unified information system in the field of procurement a report on the execution of a state (municipal) contract and (or) on the results of a separate stage of its execution."

Power ministries and departments: accounting and taxation, No. 12, 2017

Procurement deadline in terms of procurement what to write for 2019

The planning stage for the customer is a complex and meticulous procedure. The organization must not only develop a public procurement plan and form a schedule based on it, but also justify each order entered into the planning documents (Article 18 44-FZ). The current legislation provides for mandatory argumentation of procurement activities:

PP is regulated by Art. 17 44-FZ;
PG - Art. 21 44-FZ.

The type of document form and the procedure for preparing an explanatory form for the PZ and PG are fixed by Government Decree No. 555 of 06/05/2015. If changes are made to the planning registers during the reporting period, they must also be formally justified. How - we will show by the example of justifying the procurement schedule and the plan.

Forum of the Public Procurement Institute (Moscow)

In plans and schedules of purchases, it is allowed not to decipher information on the purchase of the following groups of goods:

medications;
services and products worth less than 100 thousand rubles;
repair work and maintenance of premises belonging to the non-residential fund;
services of teachers or guides;
hiring employees to conduct static analysis;
obtaining access to foreign sources of information.

For such positions, it is proposed to indicate information in one line without further explanation. 3. If you plan to conclude a long-term contract with a company, then you must confirm the availability of funding for the entire duration of the agreement.
Therefore, the plan for 2018–2020 should contain information not only for the specified time interval, but also for the period before the completion of work in the selected area. 4.

Deadlines for publishing the procurement plan for 2018 in the UIS according to 44 fz

Regulated terms When planning its financial and economic activities for future financial periods, the Customer must comply with the following terms:

The formation of the procurement plan and its submission for approval to the founder of the organization must be carried out no later than July 1.
The organization must approve the procurement plan within ten days from the date of signing the financial and economic activity plan.
Within three days from the date of approval of the procurement plan, it is necessary to place it in the EIS.

Violation of the regulated terms is unacceptable. For this, penalties are imposed on the customer in the manner prescribed by law.

Info

Rules for drawing up a procurement plan The form for drawing up a procurement plan has also changed. Now it will take more effort and time to fill it than before.

Filling out the procurement plan for 2018-2020

From January 1, 2018, a number of changes come into force that will affect the rules for the formation of procurement plans within the framework of 44-FZ. Legislative update aims to improve distribution efficiency Money allocated from the budget to meet state needs.

Attention

Therefore, all customers working within the framework of 44-FZ are required to study the innovations and strictly comply with them. Main innovations Any state or municipal institution falling under the jurisdiction of 44-FZ is required to draw up a schedule and a procurement plan for subsequent financial periods.

This is done in accordance with established rules. From the beginning of 2018, the following amendments come into force: 1.

All procurement plans must be drawn up in electronic form and must be published in the EIS. 2.

Contract Kamikaze Knowledge Base

Failure to comply with the date of implementation of the tender procedure without good reason.
Conducting a large number of tenders at the end of the year. The purpose of this becomes to spend the rest of the budget, since all planned purchases were not made during the year.

If the budget remains unused, then the next time the amount of funds allocated to the organization will be reduced.
Not included in the schedule of purchases, the amount of which does not exceed 100 thousand rubles. This is a violation for which liability is provided.

Such purchases should be entered into the plan in one line without specifying details.

How to prepare a justification for the procurement plan and schedule

Undine wrote: Good afternoon! Thank you in advance for answers to my stupid questions: until what date do you need to publish a procurement plan, schedule, and what is regulated? and how they relate to each other Electronic budget, where should the procurement plan be placed, in which each purchase is separately prescribed, and it seems like it should be integrated into the EIS, and the plan and schedule directly into the EIS? What to do and in what order? First you need to decide what level of customers you belong to (federal, regional or municipal), so that you can focus on the relevant legal acts.

Procurement plan step by step

Columns 7 to 11 reflect funding data - total funding, estimated payments for the current period, as well as for the first, second year of the planning period and subsequent periods. Step 3. Column 12 indicates the estimated timing of the procurement procedures.

They can be changed later if the need arises. Column 13 contains information on whether there are specialized types of public procurement (p.
7 h. 2 tbsp. 17 44-FZ). This information is displayed as "yes" or "no". The next (penultimate) column provides information about the holding of public discussions. Finally, in the last column, the reasons for making changes, if any, are entered.
This item is filled in when adjustments are made to the customer's procurement planning document.

Good afternoon! The budgetary institution was lowered "from above" the approved FCD Plan for 2018-2020. In this case, the Customer has the following questions: 1).

Is it worth it to wait 10 days from the date of approval of the PFCD until the placement of the Procurement Plan, or does part 9 of Article 17 work here (placement of the Plan within 3 working days from the date of approval of the PFCD)?2). What dates should be written in the line in the Procurement Plan: “Procurement period”? What is meant by the concepts of “start of procurement” and “end of procurement”? 3) There is a line “Goals” in the Procurement Plan, what should be written there for budget institution? 1) 10 w.d. for drafting and approval, you can do everything earlier, 3 w.d. for placement2) the beginning of the procurement - the date of placement of the notice or the conclusion of the contract; end of the purchase - the date of execution of this contract by you, i.e.

Procurement deadline in terms of procurement what to write for 2018

Decree of the Government of the Russian Federation of June 5, 2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the purchase of goods, works, services to meet federal needs "http://www.consultant.ru/cons/cgi/onlin ... 68073278#0 Decree of the Government of the Russian Federation of 06/05/2015 No. 554 "On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs subject Russian Federation and municipal needs, as well as on the requirements for the form of the schedule for the procurement of goods, works, services” http://www.consultant.ru/cons/cgi/onlin …
The plan must include:

Purchasing identification code.
The name of the acquired object.
The purpose of the purchase.
The amount of funding allocated for the acquisition.
Information about the implementation of public comment, if necessary.

Even the most experienced professionals are not immune from mistakes. Among the most frequent shortcomings are:

NMCC is incorrectly indicated.
This leads to the fact that not a single participant enters the auction or, conversely, the price is too high and the purchase is carried out on unfavorable terms.

It is necessary to create the required number of PP positions, click "Next" and fill in each line in the same way. How to justify the schedule When forming the schedule, they are subject to justification (part

3 art. 18 44-FZ):

the chosen method for determining the supplier, contractor, performer (Chapter 3 of 44-FZ);
NMTsK - it is necessary to prepare a rationale for the method for determining the NMTsK in the schedule and a clear, correct calculation of the initial (maximum) contract price (Article 22 of the 44-FZ);
additional requirements for participants in procurement procedures.

Having formed the PG, the customer organization is obliged to prepare a document in the prescribed form.

The public procurement plan is the main document that reflects the needs of the customer for the long term. It contains the goals and timing of the planned purchases, the amount of funds allocated for their implementation and plays an important role in the activities of the customer. However, the requirements for this document under 44-FZ and 223-FZ differ.

Planning Goals

A well-written document will help to form a procurement plan, a deadline procurement, and also to determine the orientation of the customer's activities, which greatly simplifies the work. Plus, thanks to the preliminary information of the economic community, more profitable contracts are concluded. This article will help you accurately fulfill the obligation to plan procurement operations.

One of the main criteria for the speed of fulfilling the goal is the period for the implementation of the purchase in the procurement plan - this is the period during which the activities must be implemented and the result required by the customer is achieved, that is, the start date of the purchase in the procurement plan and its completion are displayed.

Planning is necessary for:

implementation of measures provided for by documents of strategic and program-targeted planning;
fulfillment of international obligations of the Russian Federation;
fulfillment of the powers of state, municipal bodies and bodies of subjects.

How to fill in the purpose of the purchase in the procurement plan (sample) is shown in the image. More examples can be found on the EIS website.

Plan for 44-FZ

Planning is carried out in accordance with Article 16-17 of 44-FZ. Duration of action normative act on the budget determines for what period it is necessary to approve the document: 1 or 3 years in accordance with part 3-4 of Article 169 of the RF BC, or for the entire period of the purchase, if the period of its implementation exceeds the term of the budget law.

Procurement planning.

dated 05.06.2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs”;

dated 05.06.2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs”.

For clarity and convenience, we present the main terms in the table.

Events	Deadlines
Approval of procurement plans and procurement schedules	Within 10 business days from: – bringing approved limits for state and municipal institutions; – approval of plans (programs) of financial and economic activities for budgetary and unitary enterprises; – conclusion of agreements on the provision of subsidies for the implementation of capital investments for autonomous institutions
Placement in the unified information system (EIS) of procurement plans, procurement schedules
Making changes to the procurement schedule	Not later than 10 days before the date of placement in the EIS of a notice of procurement, sending an invitation to take part in determining the supplier (contractor, performer) for each procurement object
Placement of changes made to the procurement schedule or procurement plan in the EIS	Within three working days* from the date of approval of such plans, with the exception of information constituting a state secret

At the same time, the features of procurement planning within the framework of the state defense order are established by the Federal Law of December 29, 2012 No. 275-FZ “On the State Defense Order” (hereinafter - Law No. 275-FZ). In particular, according to Art. 5 of this law, the Government of the Russian Federation approves the state defense order and measures for its implementation within a month after the signing by the President of the Russian Federation of the federal law on the federal budget for the next financial year and planning period.

When approving a defense order, the Government of the Russian Federation approves state customers. Recall that in this case they are:

federal executive body;

State Atomic Energy Corporation "Rosatom";

State corporation for space activities "Roskosmos".

Note:

For violation of the deadline for approving the procurement plan, the procurement schedule (changes made to these plans) or the deadline for placing the procurement plan, the procurement schedule (changes made to these plans) in the EIS, Part 4, Art. 7.29.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative responsibility. Officials of the customer will pay a fine in the amount of 5,000 to 30,000 rubles.

Deadlines to be observed when determining a supplier.

For example, consider the most common forms of supplier determination: tender and electronic auction.

Competition stage	Deadlines
Placement of a notice in the EIS	At least 20 days before the date of opening the envelopes with applications for participation in the competition (part 1 of article 49 of Law No. 44-FZ)
Making changes to the tender documentation	Five days before the deadline for filing applications, while the deadline for filing applications must be extended so that from the date of making changes to the tender documentation until the deadline for filing applications, at least 10 working days remain (part 6 of article 50 of Law No. 44-FZ)
Purchase Cancellation	Not later than five days before the deadline for filing applications (part 1 of article 36 of Law No. 44-FZ)
Placement of the envelope opening protocol in the EIS and opening access to applications in electronic form	Not later than the business day following the date of signing the protocol (part 7 of article 52 of Law No. 44-FZ)
Consideration and evaluation of applications	No more than 20 days from the date of opening the envelopes with applications and (or) opening access to applications submitted in electronic form (part 1 of article 53 of Law No. 44-FZ)
Placement of the protocol of consideration and evaluation of applications in the EIS	No later than the working day following the date of signing the protocol (one copy is kept by the customer, the other copy is sent to the winner of the tender or the only participant within three working days from the date of its signing) (part 12 of article 53 of Law No. 44-FZ)
Signing the contract by the winner and sending it to the customer	Within 10 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 3 of article 54 of Law No. 44-FZ)
Conclusion of a contract	Not earlier than 10 days and not later than 20 days from the date of placement in the UIS of the protocol for the consideration and evaluation of applications (part 2 of article 54 of Law No. 44-FZ)

a notice of a closed tender is placed by the customer in the EIS at least 30 days before the date of opening the envelopes with applications for participation in the tender. If notification is not required, the customer is obliged, no later than 20 days before the date of opening the envelopes with applications for participation in the tender, to send invitations to take part in the closed tender to persons who meet the requirements provided for by Law No. 44-FZ and have access to information constituting state secret;

tender documentation must be sent to persons interested in participating in the procurement within three days from the date of receipt of requests from them. If the request was sent by a person to whom an invitation was sent to take part in a closed tender, the documentation must be provided no later than two business days from the receipt of the corresponding request;

no later than 20 days before the date of opening the envelopes with applications for participation in a closed tender, the customer sends to the authorized federal executive body a list of all persons to whom the tender documentation was sent at their request, and copies of all invitations to take part in such a tender;

the protocol for opening envelopes with applications for participation in the competition, as well as the protocol for considering and evaluating applications for participation in it, no later than the working day following the date of their signing, are sent to the authorized federal executive body, that is, to the FAS. Within the same period, a copy of the protocol for the consideration and evaluation of applications for participation in the competition must be sent to the participants in the closed competition who submitted applications for participation in it.

The procedure for conducting an electronic auction is somewhat more complicated, since one more actor is added (in addition to the customer and participants) - an electronic platform on which, in fact, the purchase is carried out.

So, as usual, competitive procurement begins with the placement of a notice:

no later than seven days before the deadline for accepting applications - with the NMCC up to 3 million rubles;

no later than 15 days - with the NMCC more than 3 million rubles.

You can cancel an electronic auction no later than five days before the deadline for accepting applications (Part 1, Article 36 of Law No. 44-FZ).

Consideration by the commission of the customer of the second parts of applications should not exceed three working days from the date of placement on the electronic site of the protocol of the electronic auction.

Note:

The final protocol must be posted no later than the working day following the date of its signing (part 8 of article 69 of Law No. 44-FZ).

Payment for goods, works or services.

As a general rule, the payment period under the contract should be no more than 30 days from the date the customer signed the acceptance document, with the exception of some cases (part 13.1 of article 34 of Law No. 44-FZ).

In particular, if the procurement was carried out among small businesses and socially oriented non-profit organizations, the contract concluded with such an organization must contain a mandatory condition for payment by the customer of the delivered goods, work performed (its results), services rendered, individual stages of contract execution no more than within 15 working days from the date of signing by the customer of the acceptance document (part 8 of article 30 of Law No. 44-FZ).

Deadlines for sending information for inclusion in the register of contracts.

After the conclusion of the contract, the customer must send certain information on it to the federal treasury, the authorized executive body of the constituent entity of the Russian Federation or local government (Decree of the Government of the Russian Federation of November 28, 2013 No. 1084 “On the procedure for maintaining the register of contracts concluded by customers, and the register of contracts containing information, constituting a state secret”) to be included in the register of contracts.

This must be done no later than three working days from the date of conclusion of the contract. At the same time, information on the changed terms of the contract must be reported to the Treasury.

In addition, within three working days, the customer is obliged to send to the treasury:

information on the performance of the contract, including information on payment for the contract, accrual of penalties (fines, penalties) due to improper performance of obligations under the contract;

information about the termination of the contract, indicating the grounds;

a document on acceptance in case of a decision to accept the delivered goods, work performed, services rendered.

Note:

For violation of the deadlines for sending information to be included in the register of contracts, Part 2 of Art. 7.31 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for officials - a fine of 20,000 rubles.

Register of unscrupulous suppliers.

It is necessary to transfer such information within the following terms (Article 104 of Law No. 44-FZ):

within three working days from the date of conclusion of the contract with the participant whose bid or offer was assigned the second number, if the winner of the supplier determination evaded the conclusion of the contract;

within five working days from the date of expiration of the contract signing period specified in the procurement documentation, if the only procurement participant who submitted an application or proposal and with whom a contract is concluded in the cases provided for in clauses 24, 25, part 1 of Art. 93 of Law No. 44-FZ, evaded his conclusion;

within three working days from the date of termination of the contract by a court decision or in connection with the unilateral refusal of the customer to perform the contract.

Contract performance report.

from the date of payment by the customer of obligations and signing by him of the document on the acceptance of the results of the execution of the contract and (or) the results of a separate stage of its execution, and in the case of the creation of an acceptance committee - from the day of signing such a document by all members of the acceptance committee and approval by the customer for a separate stage of the execution of the contract;

from the date of payment by the customer of obligations under the contract and the signing of the document on acceptance of the delivered goods, work performed and services rendered, and in the case of the creation of an acceptance committee - from the date of signing such a document by all members of the acceptance committee and its approval by the customer;

from the date of termination of the contract, that is, from the day determined by the agreement of the parties on termination of the contract, the day the court decision on termination of the contract comes into force or the day the decision of the supplier, contractor or contractor (hereinafter referred to as the contractor) or the customer on unilateral refusal to perform comes into force contract.

for officials - in the amount of 15,000 rubles;

for legal entities - in the amount of 50,000 rubles.

Deadlines to be observed when terminating a contract.

So, the decision on the unilateral refusal to perform the contract, the customer must, within three working days from the date of its adoption:

place in the EIS;

send to the supplier (contractor, performer).

Responsibility for violation of deadlines.

The maximum fine for violation of the terms for posting information and documents when conducting a request for quotations, a request for proposals, or making a purchase from a single supplier (contractor, performer) is 10,000 rubles. for officials and 50,000 rubles. for an organization (parts 1.2, 1.3 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

The largest fine for an organization is 500,000 rubles. - Part 3 of Art. 7.30 Administrative Code of the Russian Federation. It is applied for non-posting of information and documents in the EIS, the placement of which is established by law. For example, the FAS Commission for Control in the Sphere of State Defense Orders, in Decision No. PGZ-190/17 dated 08/03/2017, considered: since the customer did not place project documentation in the EIS during the auction for overhaul, an administrative offense was committed, falling under part 3 tbsp. 7.30 Administrative Code of the Russian Federation.