The practice of purchasing from small businesses, socially oriented non-profit organizations. Features of the participation of socially oriented non-profit organizations in state and municipal procurement Attraction of SMP, sonco in quality

17.03.2017

speaker: Tatiana Leontyeva

The report form is contained in the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulation on the Interdepartmental Commission for the selection of investment projects, Russian credit institutions and international financial organizations to participate in the Program for Supporting Investment Projects Implemented in the Russian Federation on the Basis of Project Financing ”.

The procedure for procurement from SMP and SONKO

Customers under 44-FZ are required to make purchases from SMEs, socially oriented non-profit organizations in the amount of at least 15% of the total annual procurement volume, calculated taking into account part 1.1 of Art. 30 of Law No. 44-FZ.

Only those purchases that are carried out through competitive procedures are considered:

• Contests
• Electronic auctions
• Quote requests
• Request for proposals

At the same time, the initial (maximum) contract price should not exceed 20 million rubles.

Criteria for referring to the NSR

In order to competently conduct such purchases, it is necessary to understand which companies belong to small businesses. New criteria for referring to the NSR are established by law dated June 29, 20145 No. 156-FZ. So, such companies must simultaneously meet the following conditions:

1. The amount of proceeds for the previous year from the sale of goods, works or services (excluding VAT) does not exceed RUB 800 million (RF Resolution No. 702 dated July 13, 2015).
2. The average number of employees is no more than 100 people.
3. The share of third-party organizations in the authorized capital of the company is not more than 49 percent.

SONKO's assignment criteria

The definition of a socially oriented non-profit organization is spelled out in clause 2.1, part 2 of Art. 2 of Law No. 7-FZ "On Non-Commercial Organizations":

SONO- these are non-profit organizations created in the forms provided for by law (with the exception of state corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as the types of activities provided for in clause . 1 tbsp. 31.1 of Law No. 7-FZ

Specifics of purchasing from SMP and SONKO

In August 2016, the Register of Small Business Entities appeared, the compilation of which is regulated by the Federal Law of December 29, 2015 N 408-FZ "On Amendments to Certain Legislative Acts of the Russian Federation."

The register is maintained by the Federal Tax Service and is formed annually on August 10. The register is updated (entering data on newly registered organizations and excluding them from the register) on a monthly basis. The information is posted on the official website of the Federal Tax Service of Russia and is publicly available. Thus, the declaration provided by the procurement participant can be checked using the MPS Register.

Information entered into the Register of the NSR:

• name of a legal entity, name, surname, patronymic of an individual entrepreneur;
• location of a legal entity, place of residence of an individual entrepreneur;
• the date the information was entered into the register;
• category of SME (medium-sized enterprise, small enterprise, micro-enterprise);
• an indication that the person is newly created;
• information about codes according to OKVED;
• information on licenses received by the SME entity;
• information about manufactured products (in accordance with OKPD);
• information on the inclusion of the person in the registers (lists) of SMEs - participants in partnership programs;
• information on whether the SME entity has concluded state or municipal contracts and (or) contracts concluded in accordance with the Federal Law "On the procurement of goods, works, services by certain types of legal entities."

Procurement participants confirm that they identify themselves as SMEs using a declaration, so customers are not required to check such declarations. The declaration, containing all the necessary information, is currently sufficient to admit the participant who provided it to the procurement, which is marked “for small and medium-sized businesses”.

The situation with the Register of SMEs is ambiguous. It so happens that an organization, which is actually a subject of an SME, for some reason is not included in the Register, and it can be fraught with rejection of the application of such a company.

It should be noted that when purchasing from SMP and SONKO, the contract includes a mandatory condition for the customer to pay for the goods supplied, work performed, services rendered (their individual stages) within a period of not more than 30 days from the date of signing the acceptance documents.

Unilateral refusal to conclude a contract

In 2016, the norm has undergone changes.

Item 1 h. 15 art. 95 of Law No. 44-FZ:

the customer is obliged to decide on a unilateral refusal to perform the contract in the following cases:

if during the execution of the contract it is established that the supplier and (or) the supplied goods do not comply with the requirements established by the notice of the procurement and (or) the procurement documentation for the procurement participants and (or) the non-conformity of the supplied goods with such requirements, which allowed him to become the winner of the supplier's determination (contractor, performer).

Standard conditions of contracts providing for the involvement of subcontractors from the number of SMP and SONKO

On January 4, 2017, the Decree of the Government of the Russian Federation of December 23, 2016 No. 1466 "On approval of standard terms of contracts providing for the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations" came into force.

The essence of the changes is that the standard conditions of contracts were approved, providing for the involvement of subcontractors, co-contractors from the number of SMP and SONKO in the execution of contracts.

Important!

These conditions are mandatory only if the customer establishes in the notification a requirement for a supplier who is not SMP or SONKO to involve subcontractors from the SMP in the execution of the contract (part 5 th. 30 of Law No. 44-FZ).

According to the standard terms of the contract, approved by the Resolution, additional obligations appeared for the suppliers:

• Engage subcontractors, co-contractors from the SMP, SONKO in the amount of at least 5 percent of the contract price.
• Within a period of not more than 5 working days from the date of the conclusion of the contract with the subcontractor:
• submit to the customer a declaration of the subcontractor's belonging to the SMP, SONKO;
• provide the customer with a copy of the contract concluded with the subcontractor, certified by the supplier.

• Within 10 working days from the date of payment by the supplier for the fulfilled obligations under the contract with the subcontractor, submit the following documents to the customer:
• copies of acceptance documents;
• copies of payment orders confirming the transfer of funds by the supplier to the subcontractor (if the contract concluded between the supplier and the subcontractor provides for payment of fulfilled obligations before the payment deadline for the goods supplied, work performed, services rendered.

Supplier's additional responsibilities:

Make payment under a contract with a subcontractor within 30 days from the date the supplier signs a document on acceptance of goods, work, services or individual stages of the contract.

Supplier's additional liability:

Civil liability to the customer for non-fulfillment or improper fulfillment of the condition on involving subcontractors in the execution of contracts, including:

for the provision of documents containing inaccurate information, or their failure to submit or the submission of such documents in violation of the established deadlines;

for not involving subcontractors, co-executors in the amount specified in the contract.

Supplier's additional rights:

The supplier has the right to replace the subcontractor with whom the contract was previously concluded with another subcontractor, co-executor, in case of failure to fulfill the obligations stipulated by the contract.

All of the above regarding the standard terms of contracts refers to the mechanism for attracting SMP and SONKO, when customers put down the percentage of attracting subcontractors. These standard conditions cannot be changed in scope, and must also be included in the draft contract in full.

The procedure for generating a report on the volume of purchases from SMP and SONKO

The report itself was approved by the RF Resolution No. 238 dated 17.03.2015. Changes have been made to the standard report form several times: the last one was in February 2016.

The report is drawn up and posted in the Unified Information System annually by April 1 of the year following the reporting year. Thus, the last day of publication of the report for the previous year is March 31 of the current year.

Responsibility for the preparation and placement of the report is borne by the contract manager or an authorized employee of the contract service.

Report submission form: posted in electronic form in the Unified Information System. Due to the instability of the UIS, it is recommended to post the report in advance, without waiting for the last days of March, in order to avoid the risks associated with system failures.

2016 changes

The latest amendments to the RF Resolution No. 238 were introduced on November 19, 2016 and concerned the extension of its effect to unitary enterprises.

Until 2016, most unitary enterprises operated under 223-FZ. Accordingly, such customers did not have to comply with the requirements of 44-FZ, in particular, they did not make purchases from SMP and SONKO. However, since from January 1, 2017, unitary enterprises are subject to 44-FZ, they must post reports for 2016 with zero indicators.

Changes to the report form

The main changes in the report form in 2016 concerned Section II of the report:

• The section indicates the volume of contracts, which is referred to in part 1.1 of Article 30 of Law No. 44-FZ, and the volume of purchases constituting a state secret was excluded from it (all lines included in this position).
• Also, purchases were included in this section to ensure the country's defense and state security.
• It is indicated that it is not allowed to re-record information on the amount of financial security for payment in the reference year of the same contract. If you look at the report form, it will become clear that the same contract can fall into two columns: for example, a contract can be concluded with a single supplier and at the same time it can be for the provision of a loan - such a contract does not need to be entered twice.

Report on the volume of purchases from SMP, SONKO

The report contains three sections:

1. Information about the customer.
2. Information on the volume of purchases from SMEs, SONKO.
3. Information about the concluded contracts.

Section I. Information about the customer

The first section specifies the organizational and legal form, location (address), phone number, e-mail address, TIN, KPP. Further in this section, the customer codes are filled in according to: the All-Russian classifier of organizational and legal forms (OKOPF), the All-Russian classifier of enterprises and organizations (OKPO), the All-Russian classifier of municipal territories (determined by the place of state registration of the customer) (OKTMO).

Section II. Information about the volume of purchases

Basically, questions arise when filling out the second and third sections.

Important!

The report is drawn up in thousands of rubles.

Position 1 of Section II indicates the customer's total annual procurement volume (AGOZ) for the reporting year, determined in accordance with paragraph 16 of Article 3 of Law No. 44-FZ, with the exception of the procurement volume, information about which constitutes a state secret.

SGOZ- this is the amount of financial support (appropriations) for the purchases by the customer (this issue was clarified in the letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28I2868).

According to the information of the Ministry of Economic Development of Russia, the SGOZ is the total amount of financial support approved for the corresponding financial year for the customer to carry out purchases in accordance with 44-FZ, including for payment of contracts concluded before the beginning of the specified financial year and payable in the specified financial year.

The Ministry of Economic Development has also developed a simple and convenient calculation formula.

"SGOZ = a + b + c", where:

a. Contracts entered into in previous fiscal years for the portion payable in the current fiscal year.

b. Contracts entered into in the current fiscal year are fully executable and payable in the current fiscal year.

v. Contracts entered into in the current financial year, executed in the current and subsequent years, in the part payable in the current financial year.

If there is a volume of purchases, information about which is a state secret, it is necessary to deduct this volume from the SGOZ.

For example, a school enters into a food supply contract from September to May. This does not coincide with the calendar year, respectively, what the school pays from September to December will be included in the SGOZ of this year, from January to May - in the SGOZ of the next year.

SGOZ is equal to the plan of financial and economic activities of a budgetary institution minus the funds that go to taxes and wages.

In position 2 of Section II, it is necessary to identify contracts that were concluded in accordance with Part 1.1 of Article 30 of Law No. 44-FZ, with the exception of the amount of financial security for payment in the reporting year of contracts containing information containing state secrets.

This column is calculated as the sum of the values ​​provided for in paragraphs 2-6 of the specified position:

The second paragraph is the volume of defense purchases.

Third paragraph - loans.

The fourth paragraph - everything that was purchased from a single supplier: all items included in part 1 of Article 93 of Law No. 44-FZ.

The fifth paragraph is atomic energy.

The sixth paragraph - closed methods.

It is not allowed to re-record information on the amount of financial security for payment in the reporting year. If, for example, a contract falls under both a single supplier and loans, then the information is entered only once - either in the single supplier or in credits.

In this case, it is necessary to indicate the actual payments under the contracts. Particular attention should be paid to utilities, since often a contract is concluded for one amount, and another comes out, since it is impossible to clearly foresee how many utilities will be chosen. The contract is adjusted in the process of execution, and upon payment, the amount may differ from the original. You should enter exactly the amount that was actually paid under this contract for the reporting year. The same goes for all other purchases.

How is the procurement rate from the SMP calculated, which the customer must comply with in accordance with 44-FZ?

After the customer has calculated the SGOZ, he needs to deduct the amount provided for payment for goods, works and services specified in Part 1.1 of Art. 30 of Law No. 44-FZ (clause 2), and enter the resulting amount into position 3 of section II.

Further, in order to fill in point 4, you need to calculate 15% of the result obtained. This will be the volume of purchases that the customer must carry out from SMP and SONKO in this reporting year. This amount is entered in position 4 of section II.

Position 5 indicates the volume of purchases, calculated as the amount of funds payable in the reporting financial year, as well as before the beginning of the reporting financial year based on the results of the supplier identification procedures that took place, in the notification of the implementation of which a restriction was established in relation to participants who could only be SMP and SONKO. That is, these are purchases carried out only among the SMP and SONKO.

In position 6, the same data is entered, only regarding subcontractors from the number of SMP and SONKO (purchases in which the customer set the percentage of involvement of SMP and SONKO to subcontracting). Not the entire amount is affixed, but this specified percentage.

Milestone Payments and Accounts Payable

If the payment for the contract is carried out in stages in different financial years, then the cost of each stage is taken into account in the SGOZ of the year when the payment is made (letter of the Ministry of Economic Development of the Russian Federation of December 31, 2014 No. D28I-2898).

The amounts of contracts concluded in the previous financial year, for which accounts payable were formed, are taken into account when determining purchases from SMP and SONKO (letter from the Ministry of Economic Development of the Russian Federation of 12/14/2015 No. D28I-3625). For example, if a part of the payments under a contract signed in 2015 was transferred to 2016, these amounts are taken into account when calculating the SDOZ for 2016. Accordingly, if part of the payments under the 2016 contracts passed to 2017, then these payables are not taken into account when calculating the SGOZ for 2016.

Position 7 includes the sum of the values ​​of the volumes specified in positions 5 and 6, that is, purchases actually made by the institution in order to comply with the requirements of the law on the provision of advantages to the NSR and SONKO.

Position 8 is the share of purchases, which is calculated as a percentage of the volume of purchases specified in position 7 in relation to position 3, that is, the percentage of purchases actually made in order to comply with the requirements of the law on the provision of advantages of SMP and SONKO.

Position 9 indicates the total amount of the NMCC of the failed competitive procurement procedures, in which a restriction was imposed on the procurement participants, and as a result of which the contract was not concluded or was concluded on the grounds provided for in paragraph 25 of Part 1 of Article 93 of Law No. 44-FZ. This is the only position in which not the actual amounts are indicated, but the NMCK. For example, if the customer announced an auction with a note that it is held only among SMP and SONKO, but this procedure did not take place (not a single application was submitted or only one application was submitted), then he can conclude a contract under paragraph 25, part 1 of article 93 (as a failed auction). This contract does not fall within the scope of contracts concluded with the NSR and SONKO, but falls into column 9 of Section II.

Section III. Information about concluded contracts

This section is filled in according to the unique numbers of the register records of contracts concluded with SMP and SONKO. These records are pulled from the registries of contracts.

Position 1 indicates the unique numbers of the register records of contracts concluded with SMP and SONKO from the register of contracts concluded by customers.

In position 2 - the same thing, but under contracts containing conditions for attracting subcontractors.

Position 3 indicates the unique numbers of the register records of contracts concluded on the grounds provided for in part 1.1 of Article 30 of Law No. 44-FZ from the register of contracts concluded by customers.

Attention!

If you do not find contracts in the register, try to uncheck all the boxes when choosing a contract, since when registering a contract, many do not indicate the status of the supplier, and when performing a search, the “SMP and SONKO” box is automatically ticked.

It's important to know:

• The report is generated in electronic form and posted in the EIS. It is recommended to draw up and approve also a "paper" report.
• The register numbers of contracts are filled in from the system. If not filled in, there are failures, it should be filled in completely in the "paper" form.
• Remember that if you paid last year's payables, then these contracts are also included in the report.
• The calculation does not include the carry-over contract payables that will be settled in the next reporting period.

A responsibility

The fine for non-compliance with the procurement rate from SMP and SONKO is 50,000 rubles per contract manager (clause 11 of article 7.30 of the Administrative Code).

Failure to place by an official in the EIS information and documents, the placement of which is provided in accordance with the legislation of the Russian Federation on the contractual system in the field of procurement (including a report, even if it is zero), entails the imposition of a fine on officials in the amount of 50,000 rubles, on legal entities - 500,000 rubles (part 3 of article 7.30 of the Administrative Code).

Placement by an official in the EIS of information and documents to be posted in violation of the requirements provided for by the legislation of the Russian Federation on the contract system, with the exception of cases provided for in parts 1 - 1.3 and 1.7 of article 7.30 of the Administrative Code (for example, accounts payable are not taken into account or not all registry entries are made contracts), entails the imposition of a fine on officials in the amount of 15,000 rubles, on legal entities - 50,000 rubles.

In addition to the usual tenders, there are special tenders that are allocated exclusively to small businesses to participate. Such purchases have additional requirements and benefits for suppliers. For the convenience of suppliers, we provide a contract service for any, even the most narrow criteria.

Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in the amount of at least 15% of the total annual volume of concluded contracts. In order to comply with the standard, Federal Law 44 provides for 3 mechanisms.

First, the volume of purchases of 15% can include contracts concluded with the SMP, which won the procurement among all suppliers (for example, a regular purchase was announced, and the SMP won in it);

Secondly, procurement, in which only SMEs can participate. These are competitive purchases, for which a list of goods, works, services is approved (see below). Contracts based on the results of these purchases fall into the 10% standard of purchases only from SMP;

Thirdly, the fulfillment of the standard is due to the contracts concluded by the participants (performers, contractors) with co-performers from among the SMEs. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that in order to fulfill the contract he must attract subcontractors from the number of SMEs. Such contracts also fall into the total number of contracts concluded with the NSR (15%).

As you can see, there are strict regulations for the customer for the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to tenders for small businesses in the first place - they are much more profitable and more transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.

Result in numbers:

30%

is the size of the maximum advance payment in support of small business representatives

Experts of the Entrepreneurship Support Center, having studied all existing programs for supporting small businesses, using the accumulated experience and close interaction with various government agencies, have developed a unique scheme for working on government and commercial tenders for small businesses, you will receive profitable contracts with advance payments and with all possible advantages. and also with minimal costs!

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The main advantages of procurement from Small Businesses and Socially-oriented Non-Profit Organizations under 44-FZ

FZ applies the designation SMP - "Subject of Small Business". The format of participation in procurement is described in detail in the framework of which customers are required to conclude with SMP at least 15% of all contracts from the total volume of transactions concluded. At the end of the year, before April 1, customers place in the EIS data on the tenders allocated for the NSR for the entire past year. It is allowed to include in the report only those purchases in which the advantage for the NSR was spelled out and these tenders took place. If the quota is not met, the organization will receive a substantial fine!

SMP can participate in any tender if the organization meets the criteria of the customer and is able to fulfill the terms of the contract. Tenders, which the customer is obliged to place exclusively for small businesses, have a number of benefits. This means that there will be no large or medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMCK purchases from SMP under 44 FZ cannot exceed 20 million rubles. To submit an application, suppliers attach. And since 2017, an extract from the Federal Tax Service has been provided from the new Unified Register of SMEs.

Result in numbers:

2%

is the size of the maximum collateral in the framework of support for small business representatives

Privileges for tenders for small businesses under Federal Law 44

• Approved advance payment up to 30% of the contract value.
• The terms of settlements for the work performed are strictly up to 15 days.
• The amount of security for the application is no more than 1% or 2%.
• Enforcement is not more than 5% or 10%.
• Neither medium-sized nor large competing companies can participate.
• Attraction of SMEs through subcontracting, the corresponding requirement in the tender documentation.

Of the upcoming amendments, the Federal Law approves "On Amendments to the Federal Law" On the Contract System ... ". The bill will no longer allow the subcontracting organization that is affiliated with the customer to be involved in the tender. This will eliminate cases where the organization submits construction subcontracts to its subsidiaries. If the institution violates the Federal Law, then such a contract cannot be placed in the procurement register from the SMP. Another innovation will concern the fact that from 2017 in the EIS it is possible to send applications for any form of tender selection in electronic form. This will reduce costs for the participants, as well as eliminate the corruption component in the manipulation of results when carrying out "paper" procedures.

Describe what services or products you supply

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How are purchases from small businesses under Federal Law 44

The law determines the privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter referred to as SME, SONKO) in the procurement of goods, works, services for state or municipal needs. Customers are required to make purchases from SMP and SONKO in the amount of at least 15% of the total annual procurement volume through various tenders: open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) contract price should not exceed twenty million rubles. (part 1 of article 30 FZ-44).

Procurement from SMP and SONKO is a separate procedure - only SMP and SONKO are its participants, and a corresponding restriction is set in notices of procurement. In this case, procurement participants are required to declare in their applications for participation in procurement their belonging to the SMP or SONKO (part 3 of article 30 of FZ-44). You can download all the necessary declarations and certificates in the section.

If purchases from SMP or SONKO are declared invalid, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONKO, and make purchases on a general basis (part 4 of article 30 of FZ-44).

The customer has the right to establish in the notice of the procurement a requirement for a supplier (performer, contractor) who is not SMP or SONKO, on the involvement of co-executors from the SMP, SONKO in the execution of the contract. In this case, the condition on the involvement of subcontractors, co-executors from the SMP, SONKO in the execution of contracts is included in contracts with an indication of the volume of such involvement, established as a percentage of the contract price.

In the event that restrictions on the participation of SMEs and SONKOs are established in the notification of the procurement, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition for the customer to pay for the delivered goods, work performed (its results), services rendered , individual stages of the execution of the contract no more than fifteen days from the date of signing by the customer of the acceptance document.

A state or municipal customer is obliged to provide part of their needs through contracts with small businesses or non-profit organizations, doing this in the following ways in a similar way:

• Carrying out purchases (tenders, auctions, quotations) specifically for the specified persons. At the same time, the initial contract price should not exceed 20 million rubles, the amount of the participant's bid security - no more than 2% of the initial purchase price. The documentation must contain a condition for admission to participation only of the SMP and SONKO. After fulfillment of obligations by the supplier / performer / contractor, payment must be transferred to him no later than 30 days.
• By specifying in the procurement documentation the winner's obligation to involve small business co-contractors in the execution of the contract (a specific percentage of the contract price, but not less than 5%).

If the procurement is carried out among SMP / SONKO, the procurement participant, as part of the application, declares its belonging to these entities. The form of such a declaration has not been approved and is drawn up arbitrarily. If the organization is already included in, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits of the law are not provided for everyone.

It is important to remember that for providing false information, the contract with the winner may be terminated at the customer's discretion.

Administrative responsibility for non-compliance with the legislation on placing an order at the SMP defined by article 7.30 of the Code of Administrative Offenses of the Russian Federation:

• violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, it is supposed a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
• in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
• violation of the deadline for posting information when conducting a request for quotations or proposals from small businesses no more than a day - 3 and 10 thousand for individuals and legal entities;
• similar delayed violation more than a day - 15 and 50 thousand;
• violation of the requirements and procedure for posting information for purchases from small businesses entails a fine of 15 and 50 thousand.

Detailed standards are presented in the section. Penalties are also imposed for other administrative violations - unlawful refusal, non-compliance with the instructions for keeping records and reporting. Separately, it should be pointed out penalty for non-fulfillment of the established volume of purchases for small businesses - it is 50 thousand rubles.

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How to start searching for suitable trades for small businesses according to Federal Law No. 44

You can do an independent search for the information you need, buy a program for monitoring purchases and hire tender specialists with suitable experience, or apply to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most democratic prices with a guarantee of a positive result.

Result in numbers:

1 month

constitutes the maximum term for the conclusion of the first successful contracts

We will promptly check your organization for compliance with all the criteria, order an extract and report the result. After that, we will agree with you and prepare the constituent documents and declarations required for further work with tenders and financing.

When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which advance payments and short settlement times are approved, as well as provide access to the Multifunctional Cabinet, which will provide you with all the information you need.

MINISTRY OF ECONOMIC DEVELOPMENT AND TOURISM OF THE REPUBLIC OF ALTAI

ORDER

In order to implement the provisions, guided by the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic, approved by the Government of the Altai Republic dated 20.11.2014 N 332 "On approval of the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic and on recognizing as invalid some decrees of the Government of the Altai Republic" , I order:

2. This order shall be published in the section "Regulation of the contract system and government procurement" of the official website of the Ministry of Economic Development and Tourism of the Altai Republic in the information and telecommunication network "Internet", as well as in reference legal systems.

3. I assign control over the execution of this order to the Deputy Minister O.V. Galtseva.

Minister of Economic
development and tourism
Altai Republic
E.V. LARIN

METHODOLOGICAL RECOMMENDATIONS ON PURCHASING GOODS, WORKS, SERVICES TO PROVIDE STATE NEEDS OF SMALL BUSINESSES, SOCIALLY ORIENTED NON-PROFIT ORGANIZATIONS

Approved
By order
Ministry of Economic
development and tourism
Altai Republic
dated August 24, 2015 N 154-OD

Methodological recommendations determine the procedure for the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations. Methodological recommendations regulate the relationship between customers and performers in the field of planning, procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations, as well as the involvement of suppliers of these entities for subcontracting. Methodological recommendations take into account the specifics of purchases in accordance with the legislation of the Russian Federation and the Republic of Altai.

1. General Provisions

1.1. Methodological recommendations on the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations (hereinafter referred to as methodological recommendations) have been developed in accordance with the requirements of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field procurement of goods, works, services to meet state and municipal needs "(hereinafter referred to as the Law on the Contract System), (with subsequent amendments) (hereinafter referred to as the Law on NSR), Federal Law of January 12, 1996 N 7-FZ" On Non-Commercial Organizations "(with subsequent amendments) (hereinafter - the Law on NCOs).

2. Basic concepts

2.1. Small businesses include consumer cooperatives and commercial organizations (with the exception of state unitary enterprises) entered in the unified state register of legal entities, as well as individuals included in the unified state register of individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, peasant (farm) farms that meet the following conditions:

1) for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other foundations in the authorized (joint) capital (share fund) of these legal entities should not exceed twenty-five percent (with the exception of the total share of participation in the assets of joint-stock investment funds, the composition of the property of closed-end mutual investment funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium-sized businesses should not exceed forty-nine percent each. The specified restriction in relation to the total share of participation of foreign legal entities, the total share of participation belonging to one or several legal entities that are not small and medium-sized businesses, does not apply to business entities, business partnerships whose activities are in the practical application (implementation) of the results of intellectual property. activities (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the exclusive rights to which belong to the founders (participants), respectively, of such business entities, business partnerships - budgetary, autonomous scientific institutions or being budgetary institutions, autonomous institutions, educational organizations of higher education, for legal entities that have received the status of a project participant in accordance with the Federal the law of September 28, 2010 N 244-FZ "On the Skolkovo innovation center", for legal entities whose founders (participants) are legal entities included in the list of legal entities approved by the Government of the Russian Federation that provide state support for innovative activities in the forms, established by the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy". Legal entities are included in this list in accordance with the procedure established by the Government of the Russian Federation, provided that one of the following criteria is met:

a) legal entities are open joint-stock companies, at least fifty percent of whose shares are owned by the Russian Federation, or business companies in which these open joint-stock companies have the right to directly and (or) indirectly dispose of more than fifty percent of the votes attributable to voting shares (shares) constituting the authorized capital of such business entities, or have the opportunity to appoint the sole executive body and (or) more than half of the composition of the collegial executive body, as well as the ability to determine the election of more than half of the composition of the board of directors (supervisory board);

b) legal entities are state corporations established in accordance with Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations";

2) the average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

a) from one hundred one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to fifteen people;

3) revenue from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium business.

2.2. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period since the date of their state registration, do not exceed the limit values ​​established in paragraphs 2 and 3 of part 1 of article 4 of the Law on SME.

2.3. Socially oriented non-profit organizations are non-profit organizations created in the forms provided for by the Law on NPOs and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation in accordance with the constituent documents:

2.3.1. Social support and protection of citizens.

2.3.2. Preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents.

2.3.3. Providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons.

2.3.4. Environmental protection and animal protection.

2.3.5. Protection and, in accordance with the established requirements, the maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial sites.

2.3.6. Providing legal assistance free of charge or on a preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect human and civil rights and freedoms.

2.3.7. Prevention of socially dangerous forms of behavior of citizens.

2.3.8. Charitable activities, as well as activities in the field of promoting charity and volunteering.

2.3.9. Activities in the field of education, enlightenment, science, culture, art, health care, prevention and protection of the health of citizens, promoting a healthy lifestyle, improving the moral and psychological state of citizens, physical culture and sports and promoting these activities, as well as promoting the spiritual development of the individual.

2.3.10. Formation of intolerance to corrupt behavior in society.

2.3.11. Development of interethnic cooperation, preservation and protection of the identity, culture, languages ​​and traditions of the peoples of the Russian Federation.

2.3.12. Activities in the field of patriotic, including military-patriotic education of citizens of the Russian Federation.

2.3.13. Carrying out search work aimed at identifying unknown military graves and unburied remains of the defenders of the Fatherland, establishing the names of those killed and missing in the defense of the Fatherland.

2.3.14. Participation in the prevention and (or) extinguishing of fires and in the conduct of emergency rescue operations.

2.3.15. Social and cultural adaptation and integration of migrants.

2.3.16. Measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons carrying out illegal consumption of narcotic drugs or psychotropic substances.

3. Planning the procurement of goods, works, services to meet state needs from small businesses and socially oriented non-profit organizations

3.1. In accordance with part 1 of Article 30 of the Law on the Contract System, the customer, when forming the schedule, must provide for purchases from small businesses (SMEs), socially oriented non-profit organizations (SONCO) in the amount of at least 15% of the total volume of purchases (see diagram 1 ).

Calculation of the procurement rate from SMP and SONKO

3.2. In order to avoid non-observance of the obligation to carry out purchases from SMP, SONKO (due to failed procedures, evasion of the winner from concluding a contract, etc.), the customer is recommended to ensure procurement planning from SMP and SONKO for the widest possible range in a volume significantly exceeding 15% of the total annual volume of purchases.

3.3. Procurement planning from SMP, SONKO is carried out by placing the appropriate marks in the schedule:

- "placed among SMP / SONKO" - for purchases with an initial (maximum) price of no more than 20 million rubles;

- "subcontracting SMP / SONKO" - for purchases on a general basis with the involvement of subcontractors, co-contractors from among the SMP, SONKO in the execution of the contract, indicating the volume of such subcontracting.

3.4. When making changes to the schedule, the volume of purchases from the SMP, SONKO, if necessary, should be adjusted taking into account the requirement for a volume of at least 15% of the total annual volume of purchases.

3.5. Planning for the procurement of goods, works, services to meet state needs from the NSR, SONKO is carried out by customers in accordance with the requirements for the form of schedules and the procedure for their placement in a unified information system in the field of procurement, established by the Government of the Russian Federation.

4. Conditions for the procurement of goods, works, services to meet state needs from the SMP, SONKO

4.1. Customers independently determine the types of goods, works, services that can be supplied, performed, provided by SMP, SONKO.

4.2. When determining the volume of purchases provided for in part 1 of Article 30 of the Law on the Contract System, the calculation of the total annual volume of purchases does not include purchases:

1) to ensure the defense of the country and the security of the state;

2) services for the provision of loans;

3) from a single supplier (contractor, contractor) in accordance with part 1 of Article 93 of the Law on the Contract System;

4) works in the field of atomic energy use;

5) in the implementation of which closed methods of determining suppliers (contractors, performers) are used.

4.3. When making purchases from SMP, SONKO, the initial (maximum) contract price should not exceed 20 million rubles.

4.4. When making purchases from SMEs, notifications on the implementation of procurement establish restrictions on procurement participants in accordance with clauses 2.1 and 2.2 of the methodological recommendations.

4.5. When making purchases from SONPO, notifications on the implementation of purchases establish restrictions on participants in the procurement in accordance with clause 2.3 of the methodological recommendations.

4.6. Methods for determining suppliers (contractors, performers) for SMP, SONKO can be open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals.

4.7. The amount of the bid security must be from 0.5% to 2% of the initial (maximum) contract price or, if the initial (maximum) contract price does not exceed 3 million rubles during auctions, 1% of the initial (maximum) contract price.

4.8. Delivery of goods, performance of work, provision of services can be carried out by SMP, SONKO as subcontractors, co-executors.

4.9. If, as part of the procurement from the SMP, SONKO, in order to determine the supplier (contractor, contractor), the customer established in the notice a requirement for participants that are not SMP, SONKO, to engage subcontractors, co-executors from the SMP, SONKO in the contract, the customer needs apply a differentiated approach to establishing the amount of security for applications, since both participants who are SMP, SONKO and participants who are not can take part in the competition.

For participants who are SMP, SONKO, the amount of security for the application in this case is set from 0.5% to 2% of the initial (maximum) contract price; for participants who are not SMP, SONKO, the amount of the bid security is set from 0.5% to 5% of the initial (maximum) contract price.

5. Confirmation of the status of the NSR, SONKO

5.1. In applications for participation in purchases carried out among SMP, SONKO, procurement participants are required to declare their affiliation to the SMP, SONKO.

5.2. Declaration of belonging to the SME is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of the SME, indicating the average number of employees for the previous calendar year (or for the period that has passed since the date of their state registration - for newly created organizations or newly registered individual entrepreneurs and peasant (farmer ) farms during the year in which they are registered), the amount of proceeds from the sale of goods (work, services) excluding value added tax or the book value of assets for the corresponding calendar period.

5.3. Declaration of affiliation with SONPO is carried out by the participant submitting a declaration of conformity to the requirements for determining the status of SONPO with an indication of the type of activity carried out, provided for in Article 31.1 of the Law on NCOs and the constituent documents of the organization.

5.4. The declarations specified in clauses 5.2, 5.3 are submitted in a simple written form, certified by the signature of the head (authorized person) and the seal of the organization, as part of the application for participation in the procurement (when conducting an electronic auction - as part of the second part of the application).

Sample forms of declarations are given in Appendix 1 to these guidelines.

5.5. If the customer or the procurement commission reveals a discrepancy between the information about the procurement participant and the declared information about belonging to the SMP, SONKO, the procurement commission is obliged to remove the participant from participation in determining the supplier (contractor, performer), and the customer must refuse to conclude a contract with the winner determination of the supplier (contractor, performer) at any time before the conclusion of the contract.

5.6. If the customer refuses to conclude a contract with the winner of determining the supplier (contractor, performer), the customer, no later than one working day following the day of establishing the fact that the procurement participant does not comply with the declared information about belonging to the SMP, SONKO, draws up and places in the unified information system a protocol of refusal from the conclusion of a contract, containing information about the place and time of its preparation, about the person with whom the customer refuses to conclude a contract, about the fact that is the basis for such a refusal, as well as details of the documents confirming this fact. The specified protocol within two working days from the date of its signing is sent by the customer to this winner.

5.7. Removal of a procurement participant from participation in determining a supplier (contractor, performer) in the event that the customer or the procurement commission finds that the procurement participant does not comply with the declared information on belonging to the SMP, SONKO, is carried out in accordance with the norms of the Law on the contract system.

6. Involvement of SMP, SONKO as subcontractors, co-executors

6.1. When determining a supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for a supplier (contractor, performer) other than the SMP, SONKO, to involve subcontractors, co-executors from the SMP, SONKO in the execution of the contract.

6.2. Customers are advised to establish a mandatory requirement for suppliers (contractors, performers) to involve SMPs as subcontractors or co-executors in draft contracts for the purchase of complex composite products, works, services (for example, overhaul, design, installation, adjustment of a computer network or equipment) , SONKO for performing simple works, rendering services that do not require special qualifications or special material and technical resources from the subcontractor (co-executor).

6.3. When establishing in the notice of procurement the requirements provided for in clause 6.1 to a supplier (contractor, performer) other than SMP, SONKO, the customer is recommended to include in the draft contracts:

6.3.1. The condition on attracting subcontractors, co-executors from the SMP, SONKO to the execution of contracts.

6.3.2. The condition for the supplier (contractor, performer) to provide the customer with copies of the work contract, co-performance agreement or other documents confirming the participation of SMP, SONKO in the implementation of the contract, as well as copies of acts of work performed, services rendered, acts of acceptance and transfer of goods or other documents confirming the volumes goods, works, services performed by SMP, SONKO as subcontractors.

6.3.3. The volume of goods, works, services to be supplied (performed) by the subjects of the NSR, SONKO as subcontractors, co-executors, established as a percentage of the contract price. The specified volume is taken into account in the volume of purchases made by customers from SMP, SONKO, and is included in the report in accordance with the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulations on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Supporting Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ".

6.3.4. A prerequisite for the civil liability of suppliers (contractors, performers) for non-fulfillment of the condition on attracting subcontractors, co-performers from the SMP, SONKO to the execution of contracts.

6.3.5. The obligation of the supplier (contractor, executor) to provide information on all co-executors, subcontractors who have entered into an agreement or contracts with a supplier (contractor, performer), the price of which or the total price of which is more than ten percent of the contract price, as well as responsibility for failure to provide this information in the event if the initial (maximum) contract price for the procurement of goods, work, services exceeds the amount established by the Government of the Russian Federation in accordance with parts 23 and 24 of Article 34 of the Law on the Contract System.

6.4. When the requirement stipulated in clause 6.1 of these methodological recommendations is established in the notice of the procurement, the subcontractors involved in the execution of contracts, the co-executors are obliged to declare their belonging to the SMP, SONKO. It is recommended to establish the condition for the submission of such declarations in the subcontract (co-performance) agreement.

6.5. When establishing, in accordance with clause 6.4 in the subcontractor (co-performance) agreement, the conditions for the provision of the declarations specified in clauses 5.2, 5.3 of these guidelines, the section of the contract providing for the liability of the parties should include a clause establishing the responsibility of the subcontractor (co-executor) for failure to submit those specified in clauses 5.2 , 5.3 of these guidelines for declarations.

6.6. Failure to provide the customer with the declarations specified in clauses 5.2 and 5.3 of these guidelines may be regarded as non-fulfillment of the condition on involving subcontractors, co-executors from the SMP, SONKO in the execution of contracts.

6.7. In case of non-fulfillment of the condition on attracting subcontractors, co-contractors from the SMP, SONKO to the execution of contracts, the contract must provide for the condition for the supplier to pay a fine, determined in the manner prescribed by the RF Government Decree of November 25, 2013 N 1063 "On Approval of the Rules for Determining the Amount of the Penalty Accrued in case of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for the delay in the performance of obligations by the customer, supplier (contractor, performer)), and the amount of the penalty charged for each day of delay in the performance by the supplier (contractor, performer) of the obligation, provided by the contract ":

a) 10 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 5 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

d) 0.5 percent of the contract price if the contract price exceeds 100 million rubles.

6.8. The customer has the right to accrue a fine and submit a claim to pay it only based on the results of the performance of the contract by the supplier (contractor, performer), if it is established and documented that the supplier (contractor, performer) has not fulfilled its obligations under the contract on engaging as subcontractors , co-executors from the SMP, SONKO.

7. Recognition of invalid identification of suppliers (contractors, performers) at SMP, SONKO

If the determination of suppliers (contractors, performers) is declared invalid during the repeated procedure, the customer has the right to cancel the restriction on procurement participants in the procurement notices, which can only be SMP, SONKO, and make purchases on a general basis.

At the same time, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from SMP, SONKO.

To reduce the number of failed definitions of suppliers (contractors, performers), it is recommended to conduct information work with potential suppliers (contractors, performers) by sending invitations to participate in tenders.

8. Formation of reports on the volume of purchases from SMP, SONKO

8.1. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from SMP, SONKO and, by April 1 of the year following the reporting year, place such a report in a unified information system.

8.2. In such a report, the customer includes information on contracts concluded with SMP, SONKO, as well as information on the failed determination of suppliers (contractors, performers) with the participation of SMP, SONKO.

8.3. The form and rules for the preparation of a report on the volume of purchases from SME, SONKO, its placement in a unified information system were approved by the Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulation on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Organizations for Participation in the Program for Supporting Investment Projects Implemented in the Territory of the Russian Federation on the Basis of Project Financing ". The report is formed by state (municipal) customers or budgetary institutions in relation to purchases carried out in accordance with Part 1 of Art. 15 of the Law on the contract system.

The report should indicate: the total annual purchases of the customer, the amount of financial security for the payment of contracts and unique numbers of the register records of contracts.

The document is signed with the electronic signature of the authorized official of the customer and posted in the unified information system within the time period established by Part 4 of Art. 30 of the Law on the Contract System.

9. Responsibility for violation of the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement

9.1. In accordance with Article 107 of the Law on the Contract System, persons guilty of violating the legislation of the Russian Federation and other normative legal acts on the contractual system in the field of procurement shall bear disciplinary, civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

9.2. The norms of Part 11 of Article 7.30 establish administrative responsibility in the case of procurement of goods, works, services to meet state and municipal needs from SMEs, SONKO in an amount less than the amount provided for by the legislation of the Russian Federation on the contractual system in the field of procurement, and entails the imposition of an administrative fine on officials persons in the amount of fifty thousand rubles.

9.3. According to clause 2 of the Notes to Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the time of committing the administrative offense provided for in Part 11 of Article 7.30 is the end date of the calendar year.

10. Final provisions

10.1. In 2015, the customer has the right not to establish the requirement to enforce the contract in the notice of procurement and (or) the draft contract in the event of tenders, electronic auctions, requests for proposals in which only SMP, SONKO are procurement participants, in accordance with the Decree of the Government of the Russian Federation dated 06.03.2015 N 199 "On the cases and conditions under which in 2015 the customer has the right not to establish the requirement to enforce the contract in the notice of the procurement and (or) the draft contract".

10.2. In 2015, it is allowed to change, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the amount of goods, scope of work, services stipulated by contracts (including government contracts, municipal contracts, civil law contracts of budgetary institutions for the supply of goods, performance of work, provision of services for the needs of customers, concluded before the date of entry into force of this Federal Law), the execution period of which ends in 2015, in the manner established by the Decree of the Government of the Russian Federation dated 03/06/2015 N 198 "On approval of the Rules for changes by agreement of the parties to the term of the contract, and (or) the price of the contract, and (or) the unit price of goods, work, services, and (or) the number of goods, scope of work, services provided for by contracts due to be completed in 2015 ". At the same time, the price of the contract should be no more than 5 million rubles if the contract was concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses could participate in the procurement, socially oriented non-profit organizations.

Appendix 1. DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

DECLARATION<1>compliance of the procurement participant with the requirements established by article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

(with subsequent changes)

____________________________________________
(name of the participant in the procurement procedure)

confirms that it belongs to small businesses and

meets the requirements established by the provisions of Article 4 of the Federal

entrepreneurship in the Russian Federation "(with subsequent amendments).

position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as a small business entity, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.

DECLARATION<1>compliance of the procurement participant with the requirements established by Article 2 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations"

(with subsequent changes)

________________________________________
(name of the procurement participant)

confirms that it belongs to socially oriented non-profit

organizations and meets the requirements established by Article 2 of the Federal

subsequent changes), since it performs the following form

activities:

___________________________________________________________________________
(the type of activity and the corresponding
clause of the constituent document)

_____________________________ ________________ (_______________________)
position (signature) (full name)

________________

<1>This declaration form reflects the legal conditions for classifying the procurement participant as socially oriented non-profit organizations, the provision by the procurement participant as part of the application for a declaration drawn up in a different form cannot be the reason for the rejection of the participant's application by the procurement commissions.

In 2018, customers still have to allocate a certain percentage of purchases to small businesses under 44-FZ. Organizations with a small number of employees and profit margins below a set limit fall into this category. About who is the subjects of small business under 44-FZ, it is said in the Federal Law of 24.07.2007 No. 209-FZ.

What is a small business entity under 44-FZ

Consider who is a small business entity under 44-FZ. The criteria for referring to the NSR in 2018 did not change. 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. Medium enterprises are those with 101 to 250 employees and a turnover of no more than RUB 2 billion. In all three cases, the share of state participation should not exceed 25%, foreign legal entities - not more than 49%, the share of legal entities that are not small and medium-sized businesses - not more than 49%.

Application for participation in the procurement from small businesses 44-FZ

According to 44-FZ, small businesses receive some preferences in procurement. However, they can use them and participate in the procedures for the SME only on one condition: a declaration must be attached to the application. Indicate in it:

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

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

Documentation on the purchase from the SMP under 44-FZ and the 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. For example, require the participant to belong either to a small business or to socially oriented NPOs, and companies that fall into both categories and report this in the declaration should not be allowed to bid. This is a violation, confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service in Moscow in case No. 2-57-1428 / 77-18 dated 06.02.2018.

Benefits when purchasing from small businesses 44-FZ

Small businesses under 44-FZ receive some preferences in procurement. For example, if a sanction is imposed for violating 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 a contract price of 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, for the NSR, lower tariffs for work on trading floors have been established. As a reminder, in 2018 it became 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 the NSR the upper bar is 2 thousand rubles.

How to distinguish, establish and combine benefits for SMP, AIS, OI and imports

From the article you will learn:

✔ What are the advantages for the participants of the NSR or SONO;
✔ Three main mistakes of mixed purchasing on a live example;
✔ In what cases the advantages for the goods of the UIS and OI are established;
✔ When the benefits cannot be combined in one purchase:

From article

The volume of mandatory purchases from small businesses 44-FZ

We have given a definition to small businesses in accordance with 44-FZ and reviewed the criteria for their assignment to 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 norm, customers use two paths:

• carry out purchases only among small businesses;
• establish in the procurement documentation the requirement to attract subcontractors from the number of SMEs.

You can carry out any procedures:

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

NMCK at auctions only among SMP and SONKO should not exceed 20 million rubles. If 15% of purchases among SMP and SONKO are not collected, 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 payment for which takes place this year, as well as those concluded and paid for 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;
• on the provision of loans;
• from a single supplier;
• in the field of atomic energy use;
• closed procedures.

At the end of the year, the customer must publish in the EIS a report on purchases from small businesses and socially oriented non-profit organizations.

You will find more answers to questions about procurement in the new issue of the magazine "State order in questions and answers"

The law enforcement practice of supporting small businesses and socially oriented non-profit organizations within the framework of the contract system in 2015-2016 is analyzed

The article reveals the practical issues of applying the requirements of the Federal Law of 05.04.2013 No. 44-FZ in terms of justifying the initial (maximum) contract price, the price of a contract concluded with the sole supplier (contractor, performer) when making purchases for state and municipal needs.

Efremov S.V. Bulletin of the Russian Academy of Natural Sciences. 2014.Vol. 2.S. 86-89.

The article examines the issues of support for the development of the non-profit sector by the federal government by providing subsidies to the constituent entities of the Russian Federation for the implementation of regional programs to support non-profit organizations. For the first time, an analysis is carried out of how realistic the “offer” of various types of support to non-profit organizations at the regional level is, and the dependence of this “offer” on the key factors of regional development is investigated.

The textbook contains practical recommendations for justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) when making purchases within the framework of the contract system in the procurement of goods, works, services to meet state and municipal needs.

Second edition, revised and expanded

Prosyanyuk D.V., Eferina T.V., Lizunova V.O. Social services. 2014. No. 2. S. 15-25.

The article raises the question of the readiness of the non-state sector of the economy (non-profit and commercial organizations to expand activities in the market of social services. The problems faced by participants in the process of denationalization of social services and measures to improve the institutional environment are presented.

The textbook contains practical recommendations on the formation of the procedure for evaluating and comparing bids, final proposals of procurement participants when making purchases within the framework of the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Efremov S.V., A. E. Shadrin, Ladygin V. V. et al. In the book: Analytical materials of the Ministry of Economic Development of the Russian Federation. VI All-Russian Conference "Intersectoral Interaction in the Social Sphere" December 9-10, 2013. M .: Ministry of Economic Development of the Russian Federation, 2013. S. 195-220.

In accordance with the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations", as well as in accordance with the instruction of the Government of the Russian Federation No. OG-P44-47pr dated February 19, 2013, the Ministry of Economic Development of Russia annually monitors the effectiveness of the provision of :

Subsidies to the budgets of the constituent entities of the Russian Federation for the implementation of regional support programs for socially oriented non-profit organizations;

Subsidies to socially oriented non-profit organizations for the implementation of programs to provide information, consulting and methodological support to the activities of other socially oriented non-profit organizations, to facilitate their recruitment of volunteer labor, as well as to identify, generalize and disseminate best practices in the implementation of projects of socially oriented non-profit organizations.

The article presents the results of monitoring the effectiveness of the provision of subsidies from the federal budget to support socially oriented non-profit organizations for the period 2011-2013.

The collection contains the abstracts of the reports of the annual scientific and practical conference, held by the law faculty of the Perm State National Research University. The article examines topical problems of the theory of state and law, constitutional, civil, business, labor, criminal, financial law and a number of other branches.

The publication is intended for scientific and practical workers.

Part 1. Volgograd: Volgograd Scientific Publishing House, 2010.

The collection includes articles by the participants of the international scientific-practical conference "Economics and Management: Problems and Prospects of Development", held on November 15-16, 2010 in Volgograd on the basis of the Regional Center for Socio-Economic and Political Research "Public Assistance". The articles are devoted to topical issues of economic, management theory and practice, studied by scientists from different countries - participants of the conference.

Anisimova A. I., Muradyan P. A., Vernikov A. V. SSRN Working Paper Series. Social Science Research Network, 2011. No. 1919817.

This empirical article relates to the theory of competition and the theory of industry markets. It examines the relationship between industry structure and competitiveness at the local rather than national level. We used micro-level data for banks in two regions of Russia, Bashkiria and Tatarstan, to calculate the values ​​of the Herfindahl-Hirschman index and the Lerner index and evaluate the Panzar-Ross model. The latter is done in two ways: through the widely used price equation, which takes into account the effect of the size of the bank, and then through the equation without taking into account the size of the bank, as proposed by Biker and his co-authors in 2009. It turns out that monopolistic competition dominates in both regional markets. although the monopoly hypothesis is not rejected for Tatarstan either. The existence of large local banks does not necessarily lead to greater competitiveness in this regional market, and the use of non-structural models for measuring competition suggests that competition between banks in Bashkiria is stronger than in Tatarstan. Moving further from the aggregate analysis, we calculated the Lerner indices for two product segments of the Tatarstan banking market and found that the retail lending market is much more competitive than the corporate lending market. Local banks have more market power in corporate lending, while local branches of federal banks have more market power in corporate lending.

P. V. Trunin, Drobyshevsky S.M., Evdokimova T.V.M .: Delo Publishing House, RANEPA, 2012.

The aim of the work is to compare the regimes of monetary policy from the point of view of the vulnerability of the economies of the countries using them to crises. The work consists of two parts. The first part contains a literature review, which presents the results of studies examining the crisis exposure of economies using such monetary policy regimes as exchange rate targeting, classical and modified inflation targeting. It also provides an assessment of the effectiveness of accumulating foreign exchange reserves as a tool for preventing or mitigating crises. The second part of the work - empirical - describes the methodology and results of comparing the adaptive abilities of economies, obtained on the basis of an analysis of the dynamics of key macroeconomic indicators in the pre-crisis and post-crisis periods in countries grouped by monetary policy regimes. In addition, estimates of the vulnerability of economies to crises are presented on the basis of calculating the frequencies of crises under different regimes.

The Basel Committee on Banking Supervision has initiated a discussion on best practices for avoiding excessive risk taking by bank managers. This article proposes a game-theoretic approach that describes the decision-making process of a bank manager who chooses the levels of risk and effort. If the level of risk affects the spread of future profit values, then the amount of effort affects the likelihood of a positive result. Although the effort is not observable for the bank's shareholders, the level of risk is controllable and can be measured by indicators such as capital adequacy or the level of financial leverage. The manager is assumed to be risk neutral; the binary outcome of the game with profit or loss is considered. Starting with an overview of the contract scheme, which includes a fixed and variable components of reward, it is shown that by differentiating the variable part of the reward, opportunities to stimulate the adoption of lower risks. More specifically, the variable part of the reward (the share of the bank's profit) for taking low risk should be higher in proportion to the greater variation in outcomes observed when taking high risk, in order to incentivize the manager to choose lower risk level instead of high one.

In this paper, a basic model has been developed that allows one to predict the possible reaction of financial institutions to stricter regulatory measures introduced by the Basel Committee on Banking Supervision (BCBS) in relation to global systemically important banks (GSSB). The context of the study is formed by the BCBS document of 2011, which sets higher capital requirements for global systemically important banks. We analyze the interaction of banks within the framework of an oligopolistic market, where demand is limited, and banks are subject to additional capital requirements imposed by the regulator. We distinguish between the announced cost of funding, which determines the size of loans issued and the interest rate in the market; and the true cost of funding, which directly affects the profit margins. We conclude that within the framework of the two-period interaction, both banks will declare the highest cost of funding, which will lead to a reduction in the size of loans issued (which is in line with the regulator's goal), but at the cost of a higher cost of borrowing in the market. If the game repeats, then both banks choose a smaller loan size than in the last period when the lowest cost of funding was declared. Note that the findings are consistent with the results of the analysis of the Department of Monetary Policy and Economics of the BCBS.

The article analyzes the practical aspects of various methods for implementing the rule of transferring votes, namely, the Gregory method, including the Gregory method, the weighted inclusive Gregory method.