Auction documentation involving SMP and SONO. How to calculate the volume of purchases from SMP if the contract is valid for more than one year

small business- a type of entrepreneurial activity that does not apply to associations. It's about about small businesses and small firms.

General information

Small businesses are commercial organizations And consumer cooperatives. They also include individuals, which were registered in the unified state register in the form individual entrepreneurs and who carried out entrepreneurial activity without forming a legal entity.

Law No. 44 regulates relations that were aimed at meeting municipal and state needs. In legislation Russian Federation no specific procurement information.

The procedure and rules for procurement from SMP according to 44 FZ

In the Russian Federation, there are standard requirements prescribed in Law No. 44, according to which the bulk of procurement is carried out. The minimum volume of purchased goods from small businesses should not be lower than 15%. In order to purchase from such organizations, competitions of various levels are created:

two-stage;
With limited participation;
Open.

Additionally, purchases from such organizations can be made by:

electronic auctions;
requests for proposals;
quotes.

A mandatory requirement when participating in competitions created by the state is to be SONKO and SMP. Since such organizations perform a limited amount of work, the initial maximum contract price at the auction should not exceed 20 million rubles.

In applications, procurement participants must necessarily indicate that they are SMEs or SONCOs (small businesses or socially oriented non-profit organizations). Otherwise, they may not be allowed to participate in the procurement.

The contract also states that if suppliers do not begin to comply with the terms of the subcontractors' contract, then they bear civil liability.

Permissible volume

The total volume of purchases is approved for the current financial year. The calculation also takes into account the payment for contracts that were concluded before the current year, but which will be valid during it. Previously, in the legislation, a predetermined schedule was used in the form of an allowable volume of purchases from small businesses.

However, later amendments were made to Law No. 44 FZ, as a result of which the minimum volume of purchased goods from small businesses should not be lower than 15%.

Procurement methods under 44 Federal Laws

According to the provisions of Federal Law 44, there are two ways to make purchases:

Non-competitive procurement

These are purchases from a single supplier. The goods are purchased for the reasons listed in the Federal Law. Usually there are purchases that are made for the following reasons:

Purchases from subjects of natural monopolies. Available for any amount. Purchase information is published on the official website 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 not more than 500 thousand rubles. Procurement data from this category is not posted on the official website, but is entered in the register of contracts.

Competitive procurement

Competitive purchases are divided into two groups:

Open.
Closed.

Open purchases are popular among exhibitors and customers. Data on manipulations are posted on the official Internet resource. The procedure for carrying out actions is regulated by articles federal law №44.

Closed purchases may be carried out on the basis of the requirements provided for in Article 84 - auctions and competitions. 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 a potential organizer about the date of the competition.

What can be purchased?

According to Federal Law No. 44, you can buy from SMP the following types goods:

grains;
Vegetables and crops;
fish;
Raw materials for mineral and chemical industries;
food products;
Feed flour of 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 works, they must be approved in the order, which is valid from January 1, 2018.

Benefits for NSR under 44 FZ

According to Article 30 of Law No. 44 FZ, state customers must place about 15 percent of the volume annual purchases SMEs and socially oriented non-profit organizations.This volume does not include state procurements as:

issuance of loans;
ensuring the security of the state;
produced by one supplier;
produced at closed tenders/auctions.

To prove that the participant belongs to the SMP, it is required to draw up a declaration. Main advantages:

When holding a tender/auction, only persons who belong to SONKO and SMP can participate in procurement;
The initial cost of the procedure should not exceed 20 million rubles;
When conducting a state purchase, it is established special condition to a participant in the standard engagement procedure as a partner or subcontractor, a person who also belongs to SONKO or SMP.

Is there any liability for non-compliance with the laws on placing an order with SMP?

For non-compliance with the norms of the legislation on placing an order with the SMP, administrative liability is provided. According to Article 7.30., the implementation of works, goods, services to meet the municipal and state needs of small businesses must be strictly in accordance with legal requirements. In case of non-compliance with them, an administrative fine is 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 2018, customers must still allocate a certain percentage of purchases to small businesses under 44-FZ. This category includes organizations with a small number of employees and profits below the established limit. About who are the subjects of small business under 44-FZ, it is said in the Federal Law of July 24, 2007 No. 209-FZ.

What is a small business entity according to 44-FZ

Consider who is the subject of small business under 44-FZ. The criteria for inclusion in the NSR in 2018 have not changed. A micro-enterprise is an organization with up to 15 employees and an annual income of no more than 120 million rubles.

Small firms include companies that officially employ up to 100 people, and the annual income is up to 800 million rubles. Enterprises with the number of employees from 101 to 250 people and a turnover of no more than 2 billion rubles are considered medium. In all three cases, the share of participation of the state should not exceed 25%, foreign legal entities - no more than 49%, 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 the purchase from small businesses 44-FZ

According to 44-FZ, small businesses receive certain preferences when purchasing. However, they can use them and participate in the procedures for the SMP only under one condition: a declaration must be attached to the application. Specify in it:

Company name;
the category to which it belongs - small or medium business;
legal address;
OGRN.

Then enter the figures in the table. In particular, indicate the total share of the state's participation in the authorized capital of the company, the number of employees, and income for the past year.

Procurement documentation from SMP under 44-FZ and contract

We examined 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 in terms. For example, to require that the participant belong either to a small business or to a socially oriented NPO, and companies that fall under 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 of 02/06/2018.

Benefits when purchasing from small businesses 44-FZ

Subjects of small business under 44-FZ receive certain preferences when purchasing. For example, if a sanction is imposed for violation of the terms of the 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 within 3-10 million - 2%, 10-20 million - 1%.

Also, lower rates for work on trading floors. Keep in mind that since 2018 it has become 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 bar is 2 thousand rubles.

How to distinguish, identify and combine benefits for SMEs, AIS, OI and imports

From the article you will learn:

✔ Which set the benefits for SMP or SONO participants;
✔ Three main mistakes of mixed buying on a live example;
✔ In what cases are the advantages for the goods of the MIS and OI established;
✔ When benefits cannot be combined in one purchase:

From the article

The volume of mandatory purchases from small businesses 44-FZ

We have given the definition of small businesses under 44-FZ and considered the criteria for their inclusion in 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 purchases only among small businesses;
establish in the procurement documentation the requirement to involve subcontractors from among the SMEs.

You can carry out any procedure:

competitions - paper electronic, open and closed, with limited participation, two-stage;
electronic auctions;
requests for quotations and offers in any form.

NMTsK at auctions only among the NSR and SONCO should not exceed 20 million rubles. If 15% of purchases among the SMP and SONKO are not reached, the contract manager will be fined 50,000 rubles.

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 the payment for which takes place this year, as well as those concluded and paid in the current year.

When calculating the average annual volume of purchases, the following are not taken into account:

to ensure the defense capability of the Russian Federation;
for granting loans;
from a single supplier;
in the field of the use of atomic energy;
closed procedures.

At the end of the year, the customer must publish in the EIS 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 State Order in Questions and Answers magazine.

In 2016, customers with revenues of more than 2 billion rubles. are obliged to purchase at least 18% of the total annual volume from SMiSP. Such customers are required to calculate the annual volume of purchases, develop and approve the list, and publish it in the EIS. And no later than February 1, 2017 - publish the report. Otherwise, "hello, 44-FZ" from 2017.

Small and medium-sized businesses are companies that meet certain criteria (revenue, number of employees, etc., Article 4 of Federal Law No. 209-FZ of July 24, 2007). Such companies are abbreviated as: SMiSP, SMP, SSP. In the article we will use the abbreviation SMiSP.

Next, you will learn about changes in the procurement rules under 223-FZ from small and medium-sized businesses (SMiSP), about the actions that the customer must take within the framework of the requirements of Decree 1352. We will also consider how to fill out reports for those customers who are not required to work on this resolution.

Online course "Purchases under 223-FZ". Additional professional training program developed based on the requirements professional standard"Purchasing Specialist" Advanced training (72 hours)

The volume of purchases from SMiSP under 223-FZ. Customer Responsibilities

Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 “On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services certain types legal entities» - this document comes into force in stages.

At the end of 2015, changes were made regarding the category of customers who are required to apply Decree No. 1352:

In 2016, customers with revenues of more than 2 billion rubles. are obliged to purchase at least 18% of the total annual volume from SMiSP. Of these 18% of purchases, at least 10% of purchases must be made exclusively for small and medium-sized businesses. These are competitive procurement methods, in the notice of which the customer establishes a restriction that only participants from among the SM&SP can take part in this procedure.

Algorithm of actions for customers according to 223-FZ

Here is a fragment from the webinar " Overview of changes to 223-FZ", an expert on 223-FZ comments on the actions of customers when purchasing from SMiSP:

Calculate the value of the cumulative annual volume of purchases from SM&SP.
Develop and approve the List of goods, works, services, the purchase of which will be carried out from SM&SP, and publish it in the EIS. Such a list is necessary for the customer to select a 10% volume of purchases from SMiSP. If there is no list, the customer does not have the right to make purchases from small and medium-sized businesses.
Approve the Procurement Plan from SMP and SSP, which includes GWS from the List of GWS for procurement exclusively from SMP and SSP (clause 5 (1) of Decree of the Government of the Russian Federation No. 1352). Recall that until the end of 2015, the customer did not have the obligation to separately reflect in the Procurement Plan those purchases that he would carry out among small and medium-sized businesses.
As part of calendar year to purchase 18% from SMiSP, and 10% of them, according to the Procurement Plan, exclusively from small and medium-sized businesses.
Publish the report no later than 02/01/2017. If the customer does not choose the established volume of purchases from SM&SP, does not place the report within the specified period, then in 2017 the procurement regulation is considered not placed. After February 2017, such a customer will have to make purchases under the rules of 44-FZ, losing benefits under 223-FZ.

Procurement from SMiSP and planning

Within the framework of 223-FZ, there are two procurement plans: for the current financial year and a plan for the procurement of innovative high-tech products. Both forms of the procurement plan include a section on the participation of small and medium-sized businesses in the procurement of the customer (the form of the procurement plan for goods (works, services)). The new section looks like this:

If the customer is not obliged to purchase from the SMP, then he puts zeros in the reporting, new section does not fill. If the customer applies Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, then he introduces into the plan specific purchases that he plans to carry out in 2016, the participants of which are only NSR entities.

EMS Status Confirmation

Customers who carry out procurement procedures in accordance with Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 are required to require confirmation of the SMP status from the procurement participant. The status is confirmed through declaration.

Until October 2015, customers themselves developed such declarations as it was convenient for them in form and content. Apparently, the Ministry of Economic Development noticed that not all customers draw up declarations properly. This is how a unified form of a declaration of compliance of a procurement participant with the criteria for being classified as a small and medium-sized business appeared (Decree of the Government of the Russian Federation No. 1169 amended Decree No. 1352).

Now customers are required to include a unified declaration form in the procurement documentation.

Customers who are not required to purchase from SMiSP

Situation: the customer's revenue is less than two billion rubles. How does Decree No. 1352 apply to him? What should such a customer do or not do in the framework of procurement from small and medium-sized businesses?

Customer under 223-FZ with revenue less than 2 billion rubles. should publish a monthly report with information on contracts concluded as a result of procurement from small and medium-sized businesses

Recall that one of the reports under 223-FZ, which the customer publishes monthly no later than the 10th day of the month following the reporting one, is reports on purchases from small and medium-sized businesses. Most customers kept such reports in 2014 and 2015. In fact, nothing has changed for customers since 2016. But we recommend taking into account in the work the clarifications of the Ministry of Economic Development dated 09.07.2015 No. D28i-2082:

« Customers who are not subject to the above provision (PP No. 1352), when reporting, indicate information on the number of contracts concluded with the SMSP, and in the absence of such information put down "0".

Recognized as invalid and at the same time such an auction was held among the NSR (SONKO), the customer is obliged to conclude a contract with sole supplier or have the right to do so?

The Ministry of Economic Development of the Russian Federation believes that the customer has the right, but is not obliged to conclude a contract with a single supplier in this case. This is stated in paragraph 49 of the Letter dated September 30, 2014 N D28I-1889. However, one cannot agree with the Ministry. Here is the position itself:
"Thus, in the event that an open tender, a tender with limited participation, a two-stage tender, a repeated tender, electronic auction, request for quotations, request for proposals in accordance with parts 1 and 7 of article 55, parts 1-3.1 of article 71, parts 1 and 3 of article 79, part 18 of article 83 of Law N, the customer has the right to independently make one of the following decisions:
1) send documents to the control body in the field of procurement to agree on the possibility of concluding a contract with a single supplier (contractor, performer) on the basis of clause 25 of part 1 of article 93 of Law N (except for cases of concluding contracts in accordance with parts 1 and 3 of article 79 of Law N ) and if there is a positive agreement, conclude a contract in accordance with paragraph 25 of part 1 of article 93 of Law N;
2) have the right to cancel the participation restriction and make a new purchase on a general basis.
The position in which some regulatory authorities in the field of procurement do not accept documents for consideration of the possibility of concluding a contract with a single supplier (contractor, performer) on the basis of clause 25 of part 1 of Article 93 of Law N based on the results of failed competitive purchases from the SMP and SONCO is not justified. on the law."
First, in part 4 of Art. 30 of the Federal Law of 04/05/2013 N states that the customer has the right to cancel restrictions and make purchases on a general basis. The method of procurement is not a basis for procurement. The phrase "on a general basis" means only that the customer can place an order not only among the NSR (SONKO).
Secondly, art. 71 of the Federal Law imperatively defines: the customer is obliged to conclude a contract with a single supplier.
In the Letter of the Ministry of Economic Development of the Russian Federation dated August 7, 2015 N OG-D28-10539, the same conclusion was made: the customer is obliged to conclude a contract with a single supplier. Moreover, this contract is not included in the volume of purchases from the SMP.

3. How, according to the rules of the Federal Law of April 5, 2013, N is the volume of purchases from small businesses?

In the Letter of the Ministry of Economic Development of the Russian Federation dated December 31, 2014 N D28i-2868, it was concluded that the volume of purchases from small entities, socially oriented non-profit organizations is determined by the amount of contracts concluded. This means that the volume of purchases cannot be calculated at the prices indicated in the schedules.
A similar conclusion was made in the Letter of the Ministry of Economic Development of the Russian Federation dated March 4, 2015 N D28i-506.

4. Is it necessary to carry out purchases under the Federal Law of April 5, 2013 N from small entities, socially oriented non-profit organizations, if the total volume of purchases is zero?

In accordance with Art. 30 of the Federal Law of April 5, 2013 N, the customer must purchase goods, works or services from SMP, SONKO in the amount of at least 15% of the total volume of purchases. Moreover, the total volume in this case does not include purchases under Part 1.1 of Art. 30 of the Federal Law. But if, for example, the customer makes all purchases from a single supplier and the total volume for the purpose of Art. 30 of the Federal Law is 0, is it necessary to purchase from SMP, SONKO?
In the Letter of the Ministry of Economic Development of the Russian Federation dated December 31, 2014 N D28i-2891, it was concluded that in the described situation, the customer is not obliged to purchase from SMP, SONKO.

5. How to calculate the volume of purchases from SMP if the contract is valid for more than one year?

The term of the contract may exceed one year. The question arises: in the annual volume of purchases of the SMP of which year should the fee for each year be included?
In paragraph 2 of the Letter of the Ministry of Economic Development of the Russian Federation dated December 31, 2014 N D28i-2898, it is explained that payment under contracts concluded with SMP is considered in the annual volume of purchases of the year in which payment is actually made.

6. The customer may establish a requirement to involve SMP representatives as subcontractors. Should the proportion of such persons be specified exactly?

Yes, the share of SMEs involved must be accurately indicated in the documentation. You cannot indicate such a share in the wording, for example, "up to 30%". Such a conclusion was made in the Decision of the Moscow Arbitration Court dated May 28, 2015 N A40-67585 / 15-121-536. The court stated the following.
"In accordance with clause 7.2.2 of the Tender Documentation, the Contractor is obliged to involve small entities and socially oriented non-profit organizations as subcontractors in the amount of at least 30% of the contract value.
Consequently, the draft state contract does not contain a specific value of the volume (in the exact numerical value) of involving subcontractors, co-executors from among small entities in the execution of contracts.
Based on the foregoing, the court concludes that the actions of the Customer, who did not establish the scope of involving subcontractors, co-executors from among small entities in the execution of contracts, violated Part 6 of Article 30 of the Law on the Contract System.

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 SONCO

It is more convenient to do this with the following formula:

Annual volume of purchases from SMP and SONKO

15%

In the 15% norm, it is necessary to take into account purchases in which SMP and SONKO:

When calculating the annual volume for purchases from SONKO and SMP, the following purchases cannot be taken into account:

to ensure the country's defense and security;

lending services;

from a single supplier (contractor, performer);

works in the field of atomic energy;

carried out by closed means.

However, if these purchases, in addition to providing loans and purchases from a single supplier, are carried out from SONKO and SMP (under Part 1.2 of Article 30 of Law No. 44-FZ), their volume is still necessary . That is, the amount of these purchases should not 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 the SMP and SONKO was 0 rubles, then it is not necessary to make purchases from them. This is possible if, for example, the customer conducts all his purchases only from a single supplier (contractor, performer). Such clarifications are given in the 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. So, for officials (contract manager, employees contract service) may impose an administrative fine in the amount of 50 thousand rubles. (part 11, 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 the purchase rate from SMP and SONKO

In 2016, the institution plans to conclude contracts:

for the purchase cars(2,000,000 rubles);

for the purchase of computers (600,000 rubles), including from a single supplier, in the amount of 80,000 rubles;

for the improvement of the territory of the institution (1,000,000 rubles);

for current repairs (700,000 rubles);

on Maintenance 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 composed:

(2,000,000 rubles + (600,000 rubles - 80,000 rubles) + 1,000,000 rubles + 700,000 rubles + (800,000 rubles - 50,000 rubles)) × 15% = 745,500 rubles.

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 technology in the amount of 520,000 rubles. through an open competition among the NSR and SONKO. Information on the provision of benefits and restrictions on the participation of suppliers that are not SONCO and SMP, he indicated in the notice of procurement and tender documentation.

In the course of this competition, only one application was submitted, which meets the requirements. The competition was declared invalid. The contract manager sent an appeal to the supervisory authority to agree on the conclusion of a contract with the participant who submitted the only application, as with the only supplier. After 10 working days, the agreement was received and the contract was signed.

Since the contract was concluded with a single supplier, the contract manager recalculated the annual volume of purchases from SMP and SONCO. He excluded from the calculation the purchase in the amount of 520,000 rubles.

He did it like this:

(2,000,000 rubles - 80,000 rubles - 520,000 rubles + 1,000,000 rubles + 700,000 rubles + (800,000 rubles - 50,000 rubles)) × 15% = 577,500 rubles.

Thus, the annual volume of purchases from SMP and SONKO for 2016 has changed and amounted to 577,500 rubles.

The first method of procurement: to conduct procurement only among SMEs and SONCOs in a competitive way

In this case, the initial (maximum) price of the contract (IMCC) 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 determines suppliers only among the SMP and SONPO, then he must indicate this in the notice of the purchase (clause 2 of the letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. D28i-1296). Participants, in turn, must in applications their belonging to these categories.

In addition, the draft contract must include a requirement to pay for goods (work, services), 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 the specified restriction and carry out the purchase in general order.

In this case, the price of the contract in for small businesses and non-profit organizations do not need to be taken into account. That is, in includes only purchases made exclusively for NSR and SONCO. But the rest of the purchases should not be taken into account in the volume of purchases from SMP and SONCO, 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.

The second method of procurement: establish an additional condition in the notice of procurement and the draft contract

Additional condition of the contract - a requirement for the winner of the purchase to involve subcontractors (co-executors) 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 should be noted that if the SMP (SONKO) becomes the winner of such a purchase, then this condition does not apply to it. So considers the Ministry of Economic Development of Russia in a letter dated September 17, 2015 No. D28i-2812. At the same time, experts still recommend that this be written in the draft contract.

The condition that the winner must involve subcontractors and co-executors from SMP and SONCO must be included in the contract. Including you need to write:

the volume of such attraction - as a percentage of the contract price;

a condition on the civil liability of suppliers (contractors, performers) if they do not involve subcontractors, co-executors from SMP and SONCO in the execution of contracts;

that this requirement does not apply to the winner from among the SMP and SONKO.

An example of the wording of the condition that the winner must attract subcontractors and co-executors from SMP and SONCO

“The developer is obliged to involve in the execution of the contract subcontractors (contractors) from among small businesses, socially oriented non-profit organizations in the amount of 15 percent of the value of this contract.

The Developer shall be liable to the Customer in accordance with the legislation of the Russian Federation for non-fulfillment of the condition on the involvement of subcontractors (contractors) from among small businesses, socially oriented non-profit organizations to the execution of the contract.

This procedure is established in clause 2 of part 1, parts 5, 6 of article 30 of Law No. 44-FZ and explained in letters from 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, December 9, 2014 No. D28i-2740.

Advice: In the draft contract (and in the contract itself), it is worth establishing a condition on its termination unilaterally 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 to 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 make a report on the volume of purchases from SMP and SONCO

At the end of the year, customers report on the volume of purchases from SMP and SONCO. To do this, the contract manager or contract service employee draws up and places a special report in the EIS. Deadline - until April 1 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:

on contracts that were concluded with SMP and SONKO;

about failed purchases with the participation of SMP and SONKO.

At the same time, you do not 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, it is not necessary to include information on the purchase in the report if the contract is concluded with a single supplier (contractor, performer) - in accordance with clause 25 of part 1 of article 93 of Law No. 44-FZ. That is, when a competitive purchase (competition, auction, request for quotations) from SMP and SONCO turned out to be invalid.

Such rules are established in parts 4, 4.1 of Article 30 of Law No. 44-FZ and are explained in the letters of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173, dated December 23, 2014 No. D28i-2792.