The procedure for changing the procurement plan for 223 fz. Making changes to the annual procurement plan. The subject of an administrative offense

The Federal State Unitary Enterprise operates in accordance with the Federal Law of July 18, 2011 N 223-FZ "On the Procurement of Goods, Works, Services certain types legal entities". A procurement plan was drawn up. There are procurements that were planned to be carried out in March 2015, but they will either be carried out later or will not be carried out at all. Is it possible to make changes to the procurement plan only in the fall of 2015, since the needs for goods (works, services) will be determined only by this time?

After considering the issue, we came to the following conclusion:

There are no specific deadlines for making adjustments to the procurement plan by law. In our opinion, it is advisable to make appropriate changes to the procurement plan as the customer's needs change.

Rationale for the conclusion:

Federal Law No. 223-FZ of July 18, 2011 "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter referred to as Law No. 223-FZ) does not determine the procedure and terms for the customer to make changes to the procurement plan posted by him on the official website. The requirements for the procedure and terms for making such changes and the Rules for the formation of a procurement plan for goods (works, services) (hereinafter referred to as the Rules), as well as the Requirements for the form of a procurement plan for goods (works, services), approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932, are not established.

The procurement plan may be adjusted in the cases listed in clause 8 of the Rules, including in the event of a change in the need for goods (works, services), the timing of their purchase, the method of procurement and the deadline for the execution of the contract.

The only requirement regarding the timing of changes to the procurement plan is provided for in clause 9 of the Rules. According to this paragraph, if the purchase of goods (works, services) will be carried out by holding a tender or auction, amendments to the procurement plan shall be made no later than posting on the official website of the Russian Federation in the information and telecommunication network "Internet" for posting information on placing orders for the supply of goods, performance of work, provision of services of a notice of purchase, procurement documentation or changes made to them.

Thus, the fact that the purchases reflected in the plan were not carried out by the customer within the period specified in the plan, but the customer did not make changes to the purchase plan, should not in itself be considered a violation of the law.

At the same time, we believe that since one of the fundamental principles that customers who apply the provisions of Law N 223-FZ should be guided by when purchasing goods, works and services is information openness procurement, the procurement plan must contain up-to-date information about planned purchases. Therefore, in our opinion, in the situation cited in the question, it is advisable to correct the procurement plan by excluding the relevant procurements from it or by changing the originally planned period for their implementation.

Recall that information on changes to the procurement plan must be posted on the official website within 10 calendar days from the date it was amended (in this regard, see paragraphs 14-19 of the Regulations on the placement of information on the procurement on the official website, approved by Decree of the Government of the Russian Federation of September 10, 2012 N 908.

Prepared answer:
Legal Consulting Service Expert GARANT
Counter Valeria

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Aleksandrov Alexey

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, 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 as well.

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 through 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. Criteria for classifying as innovative, high-tech products are determined by the federal authorities executive power in the established field of activity, as well as 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 of 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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Customers working under 223-FZ are required to plan their activities. We remind you that the procurement plan must be published in the EIS no later than December 31 of the current year. Consider the procurement plan (223-FZ), a sample filling and drafting rules.

Definition

We are talking about a document that should contain information about meeting the future needs of the customer, divided into quarters or months. It is he who dictates which contracts will be concluded as a result of the tender (part 5.1 of article 3 No. 223-FZ). An exception here may be unforeseen situations (force majeure), as well as those cases when entering data on a trading procedure is either prohibited (state secret) or not required. The latter include, for example, information on the purchase of goods or services, the price of which is below 100 thousand rubles. And for customers whose revenue for the financial year is more than 5 billion rubles, this limit is set at around 500 thousand rubles.

The main act regulating the development of the plan are the rules approved by Government Decree No. 932 of 17.09.2012. When compiling it, it is worth relying on ^

Procurement Regulations;
local documents of the customer;
normative acts of the Russian Federation.

In order to receive a product or service at the appointed time, the timing of tenders must also be taken into account here. It is necessary to take into account stock indices, exchange rates, etc., depending on the type of activity of the buyer (clause 6 of the Rules).

It should also contain full information about long-term contracts, even if they will be longer.

Separately, it is worth noting customers from the list determined by Order of the Government of the Russian Federation No. 475-r of 03/21/2016. Draft schedules for the purchase of goods/works/services, innovative and high-tech products, medicines from SMEs, draft amendments to such documents are subject to monitoring and evaluation (Government Decree No. 1169 of 10/29/2015).

As a result of the check, the customer is given a decision on the compliance or non-compliance of these documents with the law. In the second case, it is necessary to eliminate the violations, otherwise the FAS may suspend the procurement activities of the customer.

Accommodation

The procurement plan must be drawn up in in electronic format, which allows you to copy parts of the text, as well as sign it with an EDS. The term of the procurement plan under 223-FZ in the EIS is at least one year. If we are talking on the acquisition of medicines, innovative and high-tech products, the placement period here varies from 5 to 7 years.

The customer personally, taking into account the requirements of the legislation and the Rules, determines the period of preparation, as well as the procedure for the formation of a draft document. Therefore, procurement plans for 223-FZ for 2019 can be published in the EIS at different times. However, the plan for 2019 must be published within 10 calendar days from the date of approval, but no later than December 31, 2017.

A sample procurement plan 223-FZ and how to fill it out are presented below.

How to make changes to the procurement plan under 223-FZ

Below are a number of cases in which it is necessary to change the tender schedule for an unsigned contract:

Changes in delivery times, fulfillment of obligations, type of procedure, buyer's need for products, etc.
An increase of 10% or more in the volume of purchased goods or services, and, as a result, the impossibility of purchasing in connection with the estimated budget.
Other reasons specified in the Regulations or other local acts of the buyer.

Amendments to the procurement plan 223-FZ may occur for the following reasons:

Unforeseen situation or risk of its occurrence.
The customer becomes the executor under the contract.
Failed procedure.

With transactions already concluded, nothing is adjusted, even if the essential terms of the contract have changed. The same applies to the purchase of products, information about which is prohibited or not required to be included in the plan.

At emergency the tender is organized urgently, and information about it is entered after the needs of the buyer are satisfied.

When making changes to the document, you can supplement, correct or delete unnecessary ones. Making a deal with sole supplier due to a failed procedure, entails only the correction of information about the tender, and not an additional position.

The correct execution of the adjusted schedule implies making adjustments and approving the final version, as well as compiling a separate paper that lists all the innovations. All this must be signed with an EDS.

Innovations must be reflected in the EIS in electronic forms and graphic documents a maximum of 10 days after their implementation.

In accordance with parts 2, 3, article 4 of the federal law of July 18, 2011 N223-FZ "On the procurement of goods, works, services by certain types of legal entities" (hereinafter - Law N223-FZ) customers are required to plan their purchases and place them annually in the Unified information system. Prior to the commissioning of the UIS, all information provided for Law N223-FZ posted on the official website Russian Federation in the information and telecommunications network "Internet" to post information on placing orders for the supply of goods, performance of work, provision of services (www.zakupki.gov.ru), in accordance with paragraph 10 of article 8 of Law No. 223-FZ (hereinafter - OOS, official website).

The procedure for the formation of a plan for the procurement of goods (works, services) and the requirements for the form of such a plan are established by the Decree of the Government of the Russian Federation dated September 17, 2012 No. 932 ( further - PP RF No. 932).

The terms for posting the procurement plan on the official website are set section III Regulations on the placement of information on the procurement on the official website, approved by the Decree of the Government of the Russian Federation dated September 10, 2012 No. 908 ( further - PP RF No. 908).

The procurement plan should 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 was made by the Government of the Russian Federation in accordance with Part 16 of Article 4 of Law No. 223-FZ. At the same time, the customer retains the right to independently decide whether or not to include “small purchases” in the procurement plan, the amount of which is one hundred thousand rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles, five hundred thousand rubles or less).

The customer can form and approve the procurement plan, 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, such as:

Repair program (repair plan);
Manufacturing program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);
Investment program, including technical re-equipment and reconstruction, including in the area information technologies, New construction;
Other programs.

The procurement plan must be formed for one calendar year (Part 1, Article 4 of Law No. 223-FZ), but there is one exception for customers purchasing innovative or high-tech products, as well as medicines. Such customers, in addition to annual procurement plans, must form separate long-term procurement plans. (see table 1).

Table 1.

Despite the fact that procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, the number of adjustments to procurement plans during the year is not limited.

Adjustment of the procurement plan can be carried out, as in the cases established by the RF GD No. 932:

change in the need for goods (works, services), including the terms of acquisition, the method of procurement and the term for the execution of the contract;
changes by more than 10 percent in the cost of 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 provided by the procurement plan;

So in other cases:

when it becomes necessary to purchase goods, works, services, not planned procurement, including in connection with the involvement in the course of the execution of the contract, under which the Customer is a supplier (executor, contractor), other persons for the fulfillment of the obligations stipulated by the contract, other persons for the fulfillment of the obligations of the Customer stipulated by the contract;
if there is a need to change the information about the procurement specified in the procurement plans;
in other cases established by the procurement regulations and other documents of the customer.

Close attention should be paid to the last of the above grounds for making changes to the procurement plan, since in the absence of appropriate references in the procurement regulation, 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 codes, OKDP codes of the products planned for procurement in terms of procurement in electronic form and another.

Important! If the purchase of products is planned to be carried out through bidding (competition or auction), amendments 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.

The procedure for posting information on changes to the procurement plan on the official website is contained in pp. 18-19 RF PP No. 908

To post information about making changes to the Procurement Plan, a representative of the customer:

Places a procurement plan in the closed part of the official website (hereinafter referred to as the structured view of the procurement plan) or places an electronic view of the procurement plan (i.e. an updated version of the Procurement Plan) in the closed part of the official website.
If necessary, together with the structured view of the procurement plan, it places the procurement plan in the form of a graphic image of its original (hereinafter referred to as the graphical view of the procurement plan).
Places an electronic form of a document containing a list of changes made in accordance with paragraph 5 of the RF PP No. 908.

The type of document containing a list of the changes made is compiled in any form in electronic form (the concept of "" is given in clause 9 of the RF PP No. 908).

A possible version of the document containing a list of changes made:

In accordance with paragraph 5 of the Regulations on the placement of information on the purchase on the official website,

"On approval of the Regulations on the placement of procurement information on the official website",

the change in the information on the procurement posted on the official website is carried out in accordance with these Regulations with the placement of a document containing a list of the changes made.

CHANGES LIST

(information is indicated in which the Customer makes changes)

Procurement method No. 13 "Request for quotations" was changed to "Request for proposals";
Purchase No. 100 is excluded from the purchase plan;

(All changes are indicated: those that were made in the form of the site, and those that were made to the attached documents in electronic form. Changes should be described in such a way that it is clear what and where was replaced / added / excluded. There are no requirements for formatting the file. It is possible to use a tabular presentation of information.)

Information compiled using the functionality of the official website must match the information posted on the official website and contained in documents in electronic form. Based on paragraph 9 of part I of the RF GD No. 908, in case of a discrepancy, information compiled using the functionality of the official website is considered a priority.

In accordance with paragraph 4 of the RF PP No. 908, changes in the procurement plan are considered to be properly posted on the official website after posting in the public part of the official website and signing a document containing the specified information with a qualified certificate of the electronic signature verification key (hereinafter referred to as the electronic signature) of a person authorized to post information on the official website on behalf of the customer (hereinafter referred to as the customer’s representative), in the closed part of the official website, access to which is carried out using an electronic signature, after registering on the official website in the manner established by the federal executive body, is authorized by the Government of the Russian Federation to maintain the official website (hereinafter referred to as the closed part of the official website, the authorized body).

Consider the algorithm of work on the official website:

1. In the closed part of the official website, the customer's representative, using an electronic signature, enters Personal Area on home page procurement site: http://zakupki.gov.ru/:

2. Next, on the left side of the screen, click on the link "Register of procurement plans" and a register appears in the working window annual plans purchases of the organization, hovering over the context menu icon, select "Change Project".

3. Filling in the tab "Draft changes": the main information from the procurement plan, entered earlier in the closed part of the official website when placing the procurement plan, is entered automatically. If necessary, the information is updated. IN manual mode empty fields are filled in: rationale for making changes (1), date of approval of the procurement plan (2). Information under an asterisk is required. After filling in all the necessary information, click the "Next" button (3).

Important! The date of approval of the plan implies the date of approval of changes, and it is from this date that the system counts the period (within 10 calendar days) for posting information about making changes to the plan on the official website in accordance with with Section 3, Clause 14 of RF PP No. 908.

select the path to the file (link "Browse");
upload the selected file to the site using the "Attach" button;
uploaded files are included in the list of attached files;
in documents from the previous version, put the relevance;
To save the changes made to the Changes Project tab, click the Save button.

5. Changes are published in the "All information" tab in the "REGISTER OF PURCHASE PLANS" by hovering over the context menu icon (select "Publish"). At the project stage, it is also possible to edit the draft changes and delete them after signing electronic signature(i.e. publication on the official website) there will be no such possibility. After signing, it will only be possible to edit documents by creating new versions, while the previous versions will be in public access(clause 6 of the RF PP No. 908) . At Removal of information from the official site is possible only not on the basis of an order from an executive authority authorized to monitor compliance with the requirements of the Federal Law, or by a court decision (part 7 of the RF PP No. 908).

It should also be noted that from May 16, 2014, the amendments made to the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) by the Federal Law of May 5, 2014 N 122-FZ came into force (hereinafter referred to as Law N122-FZ). In accordance with them, administrative liability is provided for violations of the legislation on the procurement of goods (works, services) by certain types of legal entities.

The main type of administrative punishment applied when committing these violations is a fine. In some cases, disqualification applies.

Below are the compositions of administrative offenses in the field of procurement of goods, works, services by certain types of legal entities that may be applicable within the framework of the topic we are considering, in case of their violations.

Article Code of Administrative Offenses of the Russian Federation	Composition of an administrative offense	The subject of an administrative offense	Amount of the fine	The statute of limitations for bringing to administrative responsibility
	Violation of the terms provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities for posting in the EIS in the field of procurement information on the procurement of goods, works, services, the placement of which is provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities, except as provided for in part 6 of Article 7.32.3	official	from 2,000 to 5,000 rubles.
		legal	from 10,000 to 30,000 rubles.
	Non-placement in the EIS in the field of procurement of information on the procurement of goods, works, services, the placement of which is provided for by the legislation of the Russian Federation in the field of procurement of goods, works, services by certain types of legal entities	official	from 30,000 to 50,000 rubles.	1 year from the date of committing an administrative offense
		legal	from 100,000 to 300,000 rubles.

Customers have the right to make changes to procurement plans as many times as required (if necessary - every day). At the same time, you do not need to wait 10 days to place a purchase, you can publish it on the same day, unless otherwise provided by the Procurement Regulations of the customer.

Thus, customers under 223-FZ can make changes to the plan in cases provided for by Government Decree 932 and local acts customer.

Speaker: P. Snisarenko

Today we will talk about planning in the light of Federal Law No. 223-FZ of July 18, 2011 No. 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter - Law 223-FZ).

It would be wrong to say that no one was engaged in planning before the entry into force of Law 223-FZ: planning was carried out in all organizations. Another question is that everywhere this happened in its own way, regulated by its own regulations.

And with the introduction of law 223-FZ, the issue of planning, like other issues related to procurement by all corporations, institutions and organizations that fall under the law 223-FZ, became regulated. It must be admitted that it is not strictly regulated.

Just like the entire law, 223-FZ establishes only certain areas of the customer’s activities, defines certain boundaries for his actions, and all the details related to the placement of purchases are regulated by their regulatory document, that is, the procurement regulation, as stated in the law 223-FZ itself.

How did the need arise for the implementation of procurement planning, which has a general regulation?

In 2011, President of the Russian Federation Dmitry Medvedev delivered a speech at a meeting of the Commission for the Modernization and Technical Development of the Russian Economy in Magnitogorsk, which was subsequently modified into the list of instructions of the President of the Russian Federation dated April 2, 2011 No. Pr-846, which included two points directly related to today's topic of our conversation.

It was instructed to ensure that state corporations and state-controlled companies take decisions to reduce the cost of purchasing goods (works, services) per unit of output by at least 10% per year for three years in real terms; take into account the results of such a decrease as a key indicator for evaluating the performance of such organizations and their leaders.

The next point, directly related to planning, instructs to ensure the introduction of a procedure for the preliminary publication by the largest state companies of information on planned purchases, including the cost of relevant goods (works, services), as well as on concluded contracts (contracts).

As you can see, these two issues are directly related to planning: without planning, it is impossible to initially focus on cost reduction if you do not know what the costs were in past periods and what costs are planned in the future. The preliminary publication, which the president spoke about, should be considered as a public offering of purchases that are supposed to be made by state corporations, institutions and companies that fall under the law 223-FZ.

Now directly about the law 223-FZ. A significant number of amendments have already been made to it. The latest version to date was approved by the Federal Law of December 28, 2013 No. 396-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”.

Goals set by law 223-FZ

What are the goals set by the law 223-FZ?

Expanding opportunities for legal and individuals in the procurement of goods, works, services for the needs of the customer. This issue is directly related to planning, because only the expansion of information capabilities, which state corporations are guided by today when making purchases, will allow attracting the maximum number of participants. There is a simple logic behind this: the more participants come, the higher the likelihood that the customer will purchase the products necessary to meet his needs with maximum quality indicators and at the lowest price, that is, with best conditions offers.

Creation of conditions for timely and complete satisfaction of the needs of customers in goods, works and services.

Ensuring the unity of the economic space. With the introduction of the law 223-FZ, everyone began to purchase according to the same rules. It certainly does not mean the whole country, because there are state and municipal customers who purchase products in accordance with a different regulatory legal act- Federal Law No. 44-FZ dated April 5, 2013 “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law 44-FZ). We are talking only about customers that fall under the law 223-FZ: state-owned companies, institutions, corporations with more than 50% authorized capital state or municipal - let's call them corporate buyers.

Development of fair competition.

Efficient use of funds.

Stimulating the participation of legal entities and individuals in the procurement of goods, works, services for the needs of the customer. While such stimulation is not visible openly.

Prevention of corruption and other abuses and ensuring publicity and transparency of procurement. Law 223-FZ obliges all corporate customers to post all information about procurement procedures online: the customer is obliged to place all documents related to the procurement on the official website within a certain period established by law; give participants a certain time to prepare applications, answer questions that arise from participants (post a question and an explanation on it on the website without indicating the participant to whom the explanation is addressed); as well as all protocols. Each participant has the right to send a request to the customer about the results of the procurement. This complicated the work of the buyers, but everything was moving towards this.

At the same time, Law 223-FZ does not regulate relations related to the selection by the customer of an audit organization for a mandatory audit of the accounting (financial) statements of the customer in accordance with Article 5 of Law No. 307-FZ of December 30, 2008 “On audit activity". How this is done, we will consider later.

Now directly to the question procurement planning. It should be noted here that Law 223-FZ says that the customer is obliged to post on the official website (zakupki.gov.ru) a plan for the purchase of goods, works and services for a period of at least one year. At the same time, the Government reserved the right to establish: the procedure for the formation of a plan for the procurement of goods, works and services; the procedure and terms for posting the procurement plan on the official website; requirements for the form of the procurement plan.

In addition, the customer must also place a plan for the purchase of innovative and high-tech products, medicines for a period of five to seven years. The criteria for classifying goods, works and services as innovative and high-tech products for the purposes of developing a procurement plan for such products are established by the federal executive authorities that carry out the functions of legal regulation in the established field of activity.

I draw your attention to the transitional provision reflected in the law 223-FZ. The law comes into force on January 1, 2012, with the exception of part 3 of Article 4, which will come into force on January 1, 2015. This article is precisely about the fact that the plans for the purchase of innovative products, high-tech products, medicines until January 1, 2015 are posted by customers on the official website for a three-year period, and from 2015 - for five to seven years.

In the event that the auction is declared invalid.

A complaint may be sent to the antimonopoly authority by mail or facsimile, Email or otherwise. The antimonopoly body is obliged to consider the complaint within seven working days from the date of receipt of the complaint.

Accommodation features orders for a mandatory audit of accounting (financial) statements.

In accordance with the Federal Law of December 30, 2008 No. 307-FZ "On Auditing", the contract for a mandatory audit financial statements organization, in the authorized capital of which the share of state ownership is at least 25%, as well as to audit the financial statements of a state corporation, state company, state unitary enterprise or a municipal unitary enterprise is concluded with audit organization or an individual auditor, determined by holding an open tender at least once every five years in the manner prescribed by the legislation on the contract system in the field of procurement of goods, works and services to meet state and municipal needs.

The Government of the Russian Federation has the right to establish:

Features of the participation of small and medium-sized businesses in the procurement carried out by hotel customers;

The annual volume of purchases that these customers are obliged to make from such entities, the procedure for calculating the specified volume;

shape annual report on the purchase from small and medium-sized businesses and the requirements for its content.

Questions from listeners

Question: Are there limits on the amount of changes to the procurement plan?

Answer A: No, there are no such restrictions. The main thing is to make changes in a timely manner.

Question: We have posted the Procurement Regulations. Now, taking into account the changes, the Regulations have been changed and approved by its founder. Is it considered in this case that we have changed the Regulation or is it considered that we are approving a new regulation?

Answer: You have already posted it, so make changes

Question: Should the Procurement Regulations specify the procedure for determining the basis for the initial (maximum) price?

Answer: I do not recommend doing this, because everyone will know how you formed the price. Prepare your own normative act, by which you determine the procedure for your purchasing department, which will determine this price. Law 223-FZ only says that the customer must indicate the initial price of the contract, and not explain how it was formed.

Question: If during the year there are no purchases with the placement of a notice on the website, how to properly comply with the law regarding the placement of purchases for small businesses?

Answer: I understand that since your purchases are still going on, it means that you work according to the law 44-FZ. If so, then post information in accordance with this law.

Question: The law states that purchases worth up to 100 thousand rubles are not included in the plan, but the report still reflects all purchases?

Answer: I agree, the report reflects all purchases. But you can include in the plan, you can not include. The law does not say that such purchases should not be included in the report.

Question: All changes made to the Procurement Regulations must be formalized in separate documents - for example, “state in the next edition”?

Answer: Yes, it's better that way, and place it together with the amended Procurement Regulations. A new Regulation and changes to it are posted.

Question: Which OKVED classifier should be used?

Answer: It is necessary to apply the classifier, which is reflected in Resolution 932.

Question: Is it necessary to plan the purchase of medicines for the school medical office in the amount of 5 thousand rubles?

Answer: It is necessary to plan, another question is whether to include it in the plan. Up to 100 thousand rubles can be omitted.

Question: Is it possible to conclude a direct contract up to 400 thousand rubles for budgetary institutions?

Answer: Focus on your Position. If your Procurement Regulations indicate that the price threshold for concluding such contracts is 400 thousand rubles, then sign it.

Question: If the contract was concluded before December 31, it was included in the procurement plan for January, is it possible to remove such a purchase from the procurement plan?

Answer: Can. This is a plan change.

Question: How to identify purchases from small businesses?

Answer: The procedure for classifying entities as small and medium-sized businesses will be reflected in separate regulations.

Question: How to hold an open audit competition?

Answer: Strictly in accordance with the requirements of the law 44-FZ.

Question: How a document containing changes to the procurement plan is posted on the site.

Answer: Just as you place the plan and the modified form of the plan, so are the changes placed. Just attach the document. In what form, you saw - the law allows you to post in several ways; the main thing is that you can selectively read, find information of interest and copy this document to all users of the site.

Question: If the report for January is not posted, what threatens us?

Answer: If according to the law 223-FZ, then nothing so far.

Question: How to purchase diesel fuel under 223-FZ? The price jumps almost every day.

Answer: Indeed, suppliers of fuels and lubricants do not enter into long-term contracts. In this situation, it is necessary either to carry out the procedure more often, or, if the Regulations allow, to conduct direct purchases.

Question A: Goods are purchased for resale. Should it be included in the plan?

Answer: Yes, because you buy them anyway.