Changing the procurement plan for 223. Making changes to the annual procurement plan. Comparison of information included in procurement plans

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

Step 1. Determine the reasons for making changes

223-FZ does not regulate the introduction of 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 (No. 932 dated September 17, 2012).

These include:

changes in the need to purchase works, goods and services (the timing of the purchase, the method of conducting a competitive procedure, the term for fulfilling the contract);
cost changes necessary work, goods, services by more than 10% of the planned, identified in preparation for the procurement procedure;
other cases specified by the customer.

Changes may also be made in connection with:

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

Correction of the procurement plan is made only if it is provided for by Decree No. 932 or the procurement regulation and other internal documentation of the customer. it is necessary to prescribe as fully as possible the cases when the adjustment of the PP is possible.

Information on the formation and change of the procurement plan under 223-FZ Download in.docx

Step 2. Making 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, the adjustment is carried out in the same way as the approval of the plan itself.

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

The interested subdivision sends a rationale for making changes to the procurement plan under 223-FZ, in which it indicates the basis for making adjustments, and also provides the content of such adjustments. Justification example: " Due to the need for...».
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 appropriateness and legality of the proposed solutions.
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 is constantly changing: some of the new rules must be applied from January, some come into force in July, and finally everything will be completed by 2019. See the table to see which changes have already taken effect 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:

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

A change in the EIS information on procurement is carried out with the placement of a document that contains complete list amendments made (clause 5 dated September 10, 2012 No. 908). The order discussed above can act as such a document.

Step 3: Placing Changes

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

From July 1, customers should get used to the new rules of the Law on GWS Procurement by Individual Legal Entities, which will soon come into force. Customers should take into account that they have touched upon the time frame in which documents must be placed in the EIS. .

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 software;
modified graphical image of the software.

This is stated in p.p. 18.19 of Resolution No. 908.

In addition, the organization publishes a document or electronic image of the document that lists all adjustments to the PP.

Thus, the terms for publishing changes to the procurement plan under 223-FZ are 10 calendar days. When making adjustments to the structured view of the plan, the system will display a dialog box in which you must specify 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 the planned figures.

How to change the plan in the EIS

To change the PP, select desired document in the register of plans and in the context menu, click "Create change project". The system will open the tab " general information”, all fields in which are filled according to the information from the current version of the plan. Make changes and fill in the field "Justification for making changes" on the grounds of the Regulations.
Click "Next" and complete the tabs as described above. Attach the current version of the plan, the decision to adjust, or other documents. Click the "Finish" button.
You can change not the whole plan, but individual positions. To do this, select the desired position and select the "Make changes" item in the context menu. Choose the reason why you are making changes.
If you check the box "Other case", then justify. Make your edits and click Finish.

In a business run in the public interest, procurement planning is not only a part of effective management, but also a statutory obligation. Procurement plan for 223 FZ - necessary condition management of financial resources in the field of providing certain business entities with material resources.

Who and when should plan

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

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

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

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

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 authorization (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 fixed at the legislative level that business entities should be held liable 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 out of date.

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

How to compose

The form of the procurement plan according to 223 FZ is determined by the business entity independently. But this does not mean that the company can do without regulating this important part of supply planning.

According to 223 FZ, the form of the procurement plan, the procedure for its preparation, approval and placement must be fixed in the local procurement regulation.

Also in the local position, a sample procurement plan according to 223 FZ can be fixed. If in the process of activity the enterprise violates the norms of its own position, this is equated to a violation of legislative norms.

From this it is obvious that a sample procurement plan under 223 FZ should be drawn up as conveniently and simply as possible, so that when drawing up documents, its use does not impede the administration of business intentions, but, on the contrary, allows more efficient use of available resources to meet anticipated needs.

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

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

In addition to the specified parameters, during the preparation of the procurement plan for 223 FZ, the customer notes:

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

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

Site placement

Officially, the moment of placement of the procurement scheme on the information resource is the publication of this plan in the open part of the procurement website. It's about about the official site of purchases.

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

Before being published 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 such identification has been made, the plan will be made publicly available.

Alteration

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

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

Law N 223-FZ provides for the obligation of customers to plan their purchases. Such planning should be carried out by customers by drawing up and approving procurement plans, the form, procedure and terms of placement on the official website of which are determined by a 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 in the draft contract), as well as procurements for which a special decision of the Government of the Russian Federation was made in accordance with Part 16 of Art. 4 of Law N 223-FZ. It should be noted that in relation to "small purchases", the amount of which is 100,000 rubles or less (and if the customer's annual revenue for the reporting financial year is more than 5 billion rubles, - 500,000 rubles or less), the customer independently decides whether to include them or not 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 Regulations on the purchase by the method "from sole supplier"(provided that information about such purchases does not constitute a state secret and no special decision has been made by the Government of the Russian Federation on them). According to the authors of this publication, information about such purchases is subject to mandatory inclusion in the procurement plan approved by the customer (note: preferably before the day the relevant agreements (contracts) are concluded with product suppliers).
The purchase plan approved by the customer can be formed taking into account such information as exchange rates, stock indices and other information. When forming procurement plans, the customer can be based on the programs approved by him, for example:
A) production program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);
b) repair program (repair plan);
c) an investment program that includes technical re-equipment and reconstruction, including in the 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 in relation to 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

Criteria for classifying purchased products as innovative and (or) high-tech for the purposes of forming a procurement plan are established by federal authorities executive power(part 4 of article 4 of Law N 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 01, 2012 N 1618;
- Order of the Ministry of Education and Science of Russia dated 01.11.2012 N 881.
When planning the purchases of "ordinary" products, as well as when planning the purchases of high-tech, innovative products, medicines, the customer must form two separate procurement plans, the content of each of which will be different (see Table 2).

table 2

Comparison of information included in

	Procurement plan for high-tech, innovative products, medicines
1. Name, location address, telephone and address Email customer.	1. Same as column 1.
2. Serial number, which is formed sequentially from the beginning of the year (for example, 1, 2, 3, etc.).	2. Same as column 1.
3. Subject of the contract indicating identification code procurement in accordance with OKVED with mandatory completion of sections, subsections and recommended filling in of classes, subclasses, groups, subgroups and types and OKDP with mandatory completion of sections, subsections and recommended filling in of groups and subgroups of types economic activity, classes and subclasses of products and services, as well as types of products and services (for example, OKVED code - DA15.11.1, OKDP code - D1511010.	3. The subject of the contract with the recommended indication of the procurement identification code, consisting of OKVED codes with filling in sections, subsections and OKDP with filling in sections, subsections (in relation to procurement plans for 2013-2016); Only the subject of the contract (in relation to procurement plans for 2017-2019).
4. The minimum necessary requirements for the purchased goods (works, services) provided for 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 necessary 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 (OKEI) (for example, meter, OKEI code 006).	5. Not filled.
6. Information on the quantity (volume) of purchased goods (works, services) in in kind(note: if within one lot the customer purchases a specification various kinds goods that have different units of measurement, then, according to the authors of this publication, the customer has the right to indicate information about the quantity of purchased products in monosyllables, for example, 1 conventional unit. units).	6. Not filled.
7. Region for the supply of goods, performance of work, provision of services and code according to the All-Russian classifier of objects of administrative-territorial division (OKATO) (for example, the village of Altai Altai Territory, OKATO code 01 202).	7. Not filled.
8. Information about the initial (maximum) contract price (lot price) (for example, 1,000,000 rubles).	8. Not filled.
9. Planned date or period for placement of a notice of purchase (year, month) (for example, 05.2013).	9. Only the year in which the notice is planned to be placed is indicated.
10. The term of the contract (year, month) (for example, 07.2015).	10. Only the year in which the notice is planned to be placed is indicated.
11. Procurement method (for example, open tender or other method provided for by the Procurement Regulations).	11. Not filled.
12. Purchase in electronic form(Not really).	12. Not filled.

Each of these procurement plans must be formed in the form of a single (note: one) document in electronic format (for example, in doc format), which makes it possible to save it on technical means users and allowing the possibility of searching and copying an arbitrary piece of text using the appropriate viewer program (note: i.e., in other words, it is not allowed to generate a procurement plan in the form of a scanned document or a protected pdf file).
In accordance with Decree of the Government of the Russian Federation of September 10, 2012 N 908 "On Approval of the Regulation on Posting Procurement Information on the Official Website", the procurement plan must be posted on the official website by the customer within 10 calendar days from the date of its approval, but no later than December 31 of the current calendar year. Organizations applying the provisions of Law N 223-FZ from January 1, 2014, as well as budget institutions who adopted the procurement regulation before April 1, 2014, the procurement plan must also be posted within 10 calendar days from the date of its approval, but no later than the first procurement procedure conducted in the first year of application of the norms of Law N 223-FZ.
To post a procurement plan on the official website, a customer representative in the closed part of the site must place a procurement plan generated in electronic format or a structured view of such a plan (note: a structured view means a procurement plan generated by means of the official website). This requirement will be valid until December 31, 2014. At the discretion of the customer, along with a structured view of the procurement plan, a graphical view of the procurement plan can be placed on the official website (for example, a scanned copy of the original procurement plan, displaying the signature, seal of the customer). The procurement plan is considered to be properly posted on the official website after the structured type of the procurement plan is posted in the public part of the official website and (or) electronic form procurement plan or a structured view of the procurement plan and a graphical view of such a plan.
What must be approved for one year, and in relation to innovative, high-tech products, medicines for a longer period, should not frighten the customer. According to the Rules for the formation of a procurement plan for goods (works, services), approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932, the procurement plan adopted by the customer may be adjusted. The procurement plan may be adjusted, among other things, in the following cases:
a) changes in the need for goods (works, services), including the timing of their purchase, the method of procurement and the deadline for the execution of the contract;
b) a change of more than 10 percent in the cost of the goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to purchase in accordance with the planned volume Money, planned purchases;
c) in other cases established by the procurement regulations and other documents of the customer.
Let us draw the reader's attention to the last of the above reasons for making changes to the schedule. They should not be neglected. In the absence of appropriate references in the procurement regulation, as well as in the customer's documents, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting the OKVED, OKDP codes of products planned for purchase, in terms of conducting purchases in electronic form and others.
It should also be remembered that if the purchase of products is planned to be carried out through bidding (competition or auction), changes to the purchase plan must be made no later than the posting of the notice of purchase and purchase documentation or changes made to them on the official website.
Planning issues, including the formation and approval of a procurement plan, should be reflected in the procurement regulation adopted by the customer.

For example, as follows:
"The procurement is carried out on the basis of the plan for the procurement of goods, works, services approved and posted on the official website.
The formation of the procurement plan and its placement on the official website 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 regulation structural divisions customer in the implementation of 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 terms to form a procurement plan for 223-FZ customers, whether it is possible to make changes to the published plan, and also what features exist in planning the procurement of innovative, high-tech products and medicines.

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

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

The purchasing plan helps you plan your participation in purchases conducted by customers. A well-formed procurement plan contributes to the expansion of the number of procurement participants and, as a result, to the efficient use of funds.

The procedure for the formation of a procurement plan, the procedure and terms for placing such a plan in the EIS, the requirements for the form of such a plan are established by Decree of the Government of the Russian Federation of September 17, 2012 No. 932.

The plan must contain information about the customer, the serial number of the procurement, the minimum required requirements for the objects of procurement, units of measurement, the timing and planned timing of the procurement, information about the NMCC, the terms of the contract and other information defined by Law No. 223-FZ and Decree No. 932.

The procurement plan published by the customer provides for a quarterly or monthly breakdown. The terms 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 borne in mind that the placement of the procurement plan (amendments) in the EIS must be made within 10 calendar days from the date of its approval (amendments).

The procurement plan is placed in the EIS 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 the decision of the Government of the Russian Federation was made;
the need for which arises as a result of an accident, emergency, force majeure circumstances.

In addition, the procurement plan may not reflect information on the purchase of goods (works, 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 (works, services), the cost of which does not exceed 500,000 rubles.

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

Changes in 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 EIS.

The purchase plan can be changed an unlimited number of times. At the same time, the customer develops the grounds for making changes independently. When making changes to the procurement plan in the EIS, it will be necessary to place a document with a list of the changes made.

If the procurement is carried out by holding a tender or auction, changes to the procurement plan are made no later than the posting of a procurement notice, procurement documentation or changes made to them in the EIS. For other procurement methods, such restrictions are not provided by law. At the same time, it is advisable to establish, regardless of the method of procurement, uniform terms and procedures for the formation and adjustment of the procurement plan.

When forming a procurement plan, the customer may experience practical matters. For example, is it necessary to form a procurement plan if all purchases are planned to be made up to 100,000 rubles? Yes, in any case, it is necessary to form 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 conclude 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 will take 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 under Law No. 223-FZ is occupied by support for small and medium-sized businesses.

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

Attention! From January 1, 2018, amendments to Decree No. 1352 will come into force, which will increase quotas for “targeted” (organized for this category of participants) purchases from SMSP.

Procurement plan for innovative, high-tech products and medicines

In addition to the procurement plan for the current financial year, customers are required to place in the EIS for a period of 5 to 7 years plans for the purchase of innovative products, high-tech products, medicines. The criteria for classifying as innovative, high-tech products are determined by the 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, 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

With regard to customers named in Orders of the Government of the Russian Federation No. 2258-r dated November 6, 2015 and No. 717-r dated April 19, 2016, compliance with the requirements for procurement 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. With regard 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 fall under the assessment and monitoring procedures form a section in the procurement plans on participation in the procurement of SMEs.

Penalties for non-placement of the procurement plan under 223-FZ

In conclusion, we recall the administrative responsibility of the customer for not posting or violating the terms for posting procurement information in the EIS, the placement of which is provided 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 place information on the procurement in the EIS, 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 terms for placing procurement plans is also fraught with fines - officials can be held administratively liable 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 may 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. In case of a change in the need for goods, works or services. This also applies to the timing of the acquisition, the method of implementation of the purchase and the term of the contract. 2. If the changes relate to the cost of goods, works or services planned for the purchase by more than 10%. 3. In other cases, which are prescribed in the Procurement Regulations and documents of the customer.

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

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

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

name, location address, phone number and e-mail address of the customer;
serial number, which is formed sequentially from the beginning of the year;
the subject of the contract indicating the identification code of the purchase in accordance with one of the classifiers that we use;
the minimum necessary requirements for the purchased goods, provided for by the contract, including the functional, technical, quality and operational characteristics of the subject of the contract, allowing to identify the purchased products;
units of measurement of purchased goods, works and services and code according to the All-Russian Classification of Units of Measurement (OKEY);
information on the quantity (volume) of purchased goods, services and works in physical terms;
the region for the supply of goods, the performance of work, the provision of services and the code according to the All-Russian classifier of objects of administrative-territorial division (OKATO);
information on the initial (maximum) contract price (lot price);
the planned date or period for placing a notice of purchase (year, month);
term of the contract (month, year);
purchase method. It is assumed that any potential procurement participant, having seen how the customer plans to place an order, will open the position of the participant and get acquainted with the conditions, with the regulations of that particular method of procurement;
whether the procurement is carried out in electronic form (yes / no).