The term of the purchase in the plan. Procurement planning within the framework of the contract system: implementation procedure What is the duration of the procurement

Procurement deadline in terms of procurement what to write for 2019

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

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

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

Forum of the Public Procurement Institute (Moscow)

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

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

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

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

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

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

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

Info

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

Filling out the procurement plan for 2018-2020

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

Attention

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

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

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

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

  
  If the budget remains unused, then the next time the amount of funds allocated to the organization will be reduced.

• Not included in the schedule of purchases, the amount of which does not exceed 100 thousand rubles. This is a violation for which liability is provided.

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

New rules for planning, as well as the transfer of all purchases to electronic form should make the system more transparent and accessible for control. It is important for customers to study all the subtleties of the new rules and correctly prepare documents.

How to prepare a justification for the procurement plan and schedule

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

Procurement plan step by step

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

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

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

Procurement deadline in terms of procurement what to write for 2018

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

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

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

1. NMCC is incorrectly indicated.

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

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

3 art. 18 44-FZ):

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

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

Starting a conversation about planning the activities of a customer in the field of procurement to meet state and municipal needs, it should first be noted that the very process of planning the procurement of goods, works, services by state and municipal customers is determined by fundamental goals and principles Federal Law No. 44. Therefore, planning is aimed primarily at improving the efficiency of using financial resources and effectiveness of procurement, ensuring publicity and transparency of procurement, as well as preventing corruption and other abuses in the field of procurement to meet state and municipal needs.

From the beginning of the entry into force of Federal Law No. 44, that is, from January 1, 2014, to the present, when planning their procurement activities within the framework of the law on the contract system, customers are obliged to form single document, reflecting the needs of the customer in goods, works, services, as well as containing the estimated timing of the procurement. It's about the schedule.

However, as is known, from January 1, 2016. order comes into effect two-stage planning, which is referred to in Part 1 of Art. 16 of the Federal Law No. 44. Two-stage planning is the formation, approval and maintenance by customers of two documents required for the implementation of procurement activities: in addition to the schedule, customers will have to generate, approve and place one more document on time - the procurement plan.

Procurement plans

We remind you that Art. 16 "Procurement planning" and Art. 17 "Procurement Plans" of Federal Law No. 44 come into force from January 1, 2016. At the same time, procurement plans must be formed for a period corresponding to the period of validity of the federal law (municipal legal act) about the corresponding budget for the next financial year and planning period taking into account the provisions of the budget legislation of the Russian Federation (part 4 of article 17 of the Federal Law No. 44). Let's look at this in more detail.

Work on the development of draft procurement plans by customers should be carried out as early as mid-2016. Due to the fact that the procurement plan, as already noted, according to the budget legislation, must be drawn up for a period of three years, it should reflect information on all purchases that the customer intends to make from 2017 to 2019 inclusive.

Thus, the first procurement plans for a three-year period should be developed and approved by customers already in 2016.

Many customers are concerned about the fact that it is quite difficult to objectively predict the needs for goods (works, services) to meet their needs for a period of 3 years. On the one hand, this is true. However, it should not be forgotten that if there is a reasonable need for an already approved and placed procurement plan, the customer has the right to make changes. At the same time, the grounds for making such changes are contained in the document determining the procedure for maintaining the procurement plan.

The requirements for the formation, approval and maintenance of procurement plans were approved by Decree of the Government of the Russian Federation dated November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of plans for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as the requirements to the form of procurement plans for goods, works, services ”(hereinafter - Resolution No. 1043).

So, paragraph "a" part 4 of the Requirements for the formation, approval and maintenance of procurement plans, approved by Decree No. 1043, it is established that state and municipal customers within the time limits established by the main managers of the budget funds of the constituent entity of the Russian Federation (local budget), but no later than deadlines set by the highest executive bodies of state power of the constituent entities of the Russian Federation (local administrations), form procurement plans and submit them no later than July 1 of the current year to the main managers of the budget funds of the constituent entity of the Russian Federation (not later than August 1- to the main managers of local budget funds) to form on their basis, in accordance with the budget legislation of the Russian Federation, justifications for budget allocations for procurement.

Similar, but somewhat different from the indicated deadlines, requirements are established for budgetary and autonomous institutions subjects of the Russian Federation (municipalities).

Moreover, from January 1, 2016 Decree of the Government of the Russian Federation dated 05.06.2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs” needs” (hereinafter - Resolution No. 552).

Decree No. 552 approved:

- Rules for the formation, approval and maintenance of the procurement plan goods, works, services to meet federal needs;

- requirements for the form of the procurement plan goods, works, services to meet federal needs.

In this way, from January 1, 2016 formation, approval and maintenance of the procurement plan - duty customer, as required by law.

Schedules

With regard to the order of work of the customer on schedule, note the following.

The procedure for maintaining schedules is regulated by Article 21 of the Federal Law No. 44, which comes into force from January 1, 2016(with the exception of part 11, which comes into force on January 1, 2017).

So, first of all, the customer needs to know that the schedule contains a list of goods, works, services expected to be purchased to meet state and municipal needs, and is formed for the financial year in accordance with the procurement plans.

In accordance with Part 2 of Art. 112 of the Federal Law No. 44, the procedure and features of placement, as well as the form of schedules for 2015-2016, are defined:

1) by a joint Order of the Ministry economic development of Russia and the Federal Treasury No. 761/20n dated December 27, 2011 “On approval of the procedure for placing on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers”;

2) by the joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. information system or prior to the commissioning of the said system on the official website of the Russian Federation in the information and telecommunications network Internet for posting information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015 and 2016" (hereinafter - Order No. 182 /7n), which entered into force on May 23, 2015.

Please note: Order No. 182/7n invalidated:

Joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n "On the peculiarities of posting plans 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 plans - schedules for placing orders for 2014 and 2015”;

Joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated August 29, 2014 No. 528/11n “On Amendments to the Features of Placement on the Official Website of the Russian Federation in the Information and Telecommunication Network Internet for Posting Information on Placement of Orders for the Supply of Goods, Performance of Work, provision of services of schedules for placing orders for 2014 and 2015, approved by the joint order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n.

1. Decree of the Government of the Russian Federation of 05.06.2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs” (hereinafter referred to as Resolution No. 553).

Decree No. 553 approved:

Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs;

Requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs.

Hello dear colleague! As you know, procurement planning in accordance with Article 16 of 44-FZ provides for the formation of a procurement plan for a three-year period and for one year. Moreover, these two documents must be formed and used in the work simultaneously. Those. in 2016, customers will start preparing these documents for the period 2017-2019. In this article, we will talk in detail about procurement plans. Let's figure out what they are, what information they contain, as well as where and by whom they are placed. The material of the article will be useful to both customers and procurement participants.

1. What is a procurement plan?

Procurement plan - this is a document containing a list of needs (goods, works, services) that the state (municipal) customer needs, as well as information about the funds allocated to meet these needs.

General requirements for procurement plans are established by Article 17 of 44-FZ.

The procurement plan is drawn up by the customer for 3 years (clause 4 of article 17 of 44-FZ). In the event that the procurement period exceeds three years, the information is entered into the procurement plan (hereinafter referred to as PZ) for the entire procurement period. The first PP of customers should be formed for the period 2017-2019.

The requirements for the form of the PZ and the procedure for placing such plans in are established by the Government of the Russian Federation. Also, the Government of the Russian Federation establishes:

• the procedure for the formation, approval and maintenance of PZ to meet federal needs;
• requirements for the procedure for the formation, approval and maintenance of PZ in the constituent entities of the Russian Federation and municipalities (Note: These requirements are approved by Decree of the Government of the Russian Federation of November 21, 2013 No. 1043 “On the requirements for the formation, approval and maintenance of plans for the procurement of goods, works, services to meet the needs of the subject of the Russian Federation and municipal needs, as well as requirements for the form of plans for the procurement of goods, works , services")

2. What information should be included in a purchasing plan?

According to part 2 of article 17 of 44-FZ, the PZ should contain the following information:

1. identification code purchases (Note: This code is generated using the budget classification code, determined in accordance with the budget legislation of the Russian Federation, codes all-Russian classifiers, a catalog of goods, works, services to meet state and municipal needs and may include other information);

2. the purpose of the procurement;

3. the name of the object and (or) the names of the objects of procurement;

4. the amount of financial support for the purchase;

5. timing (frequency) of planned purchases;

6. rationale for the purchase (Note: The rationale for the procurement consists in establishing the compliance of the planned procurement with the objectives of the procurement, as well as the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement. The justification for the purchase is an annex to the procurement plan. The rules for justification, as well as the forms for justifying purchases, are determined by Decree of the Government of the Russian Federation of June 5, 2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and the forms of such justification”);

7. information on the procurement of goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors, performers) with the required level of qualification, as well as intended for scientific research, experiments, research, design work(including architectural and construction design);

8. information about the mandatory public discussion of the procurement of goods, works or services;

9. Additional Information, provided for inclusion in the PP by the Government of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations.

Note: You can make a procurement plan automatically in the program.

3. Procurement plan form

Regulatory legal regulation procurement planning is carried out according to the levels of budget financing. Those. the form, procedure for the formation, approval, placement of the PP are established for customers of each level of budget financing, respectively:

• for the customer federal level(Government of the Russian Federation);
• for customers at the level of a constituent entity of the Russian Federation (the highest executive bodies of state power of the constituent entities of the Russian Federation);
• for municipal customers (local administrations).

Thus, when preparing a PP, federal customers must be guided by Decree of the Government of the Russian Federation dated June 5, 2015 No. 552 “On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of the plan procurement of goods, works, services to meet federal needs.

(xls, 39 Kb).

And for customers at the level of a constituent entity of the Russian Federation and municipal customers, it is necessary to be guidedDecree of the Government of the Russian Federation of November 21, 2013 No. 1043 "On the requirements for the formation, approval and maintenance of plans for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as requirements for the form of procurement plans for goods, works, services" , as well as the procedure for maintaining the PZ, approved by the subject of the Russian Federation (local administration).

Those. the subjects of the Russian Federation and municipalities establish the procedure for the formation, approval and maintenance of PZ at their level, taking into account the requirementsDecree No. 1043, and have the ability to adjust the following parameters:

• the timing of the formation of the PP;
• grounds for making changes to the PP (in addition to those provided by the Government of the Russian Federation);
• additional information included in the PP forms.

(xls, 39 Kb).

Procurement plan is formedstate or municipal customer In accordance with the requirements of Art. 17 44-FZ in the process of compiling and considering draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation and is approvedwithin 10 working days after bringing to the state or municipal customer the scope of rights in monetary terms to accept and (or) fulfill obligations in accordance with the budgetary legislation of the Russian Federation (part 7 of article 17 of 44-FZ).

Procurement plan is formedbudget institution In accordance with the requirements of Art. 17 44-FZ when planning the financial and economic activities of a budgetary institution and approvedwithin 10 working days after the approval of the plan for financial and economic activities of a budgetary institution (part 8 of article 17 of 44-FZ).

4. Making changes to procurement plans

According to Part 6 of Art. 17 44-FZ PZ are subject to change if necessary:

1) bringing them into line in connection with a change in the objectives of procurement and requirements for goods, works, services purchased by customers (including the marginal price of goods, works, services) and (or) standard costs for providing functions government agencies, management bodies of state off-budget funds, municipal bodies;

2) bringing them into line with the changes made to the federal budget (budgets of subjects of the Russian Federation, local budgets) for the current financial year and planning period;

3) implementation of federal laws, decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation, decisions, instructions of higher executive bodies state authorities of the constituent entities of the Russian Federation, municipal legal acts that are adopted (given) after the approval of procurement plans and do not lead to a change in the volume of budget allocations approved by law or a decision on the budget;

4) implementation of the decision made by the customer as a result of the mandatory public discussion of the procurement;

5) use, in accordance with the legislation of the Russian Federation, of the savings received during the procurement;

6) in other cases, established order formation, approval and maintenance of procurement plans.

5. Publication of the procurement plan

The approved PP is subject to placement within 3 working days from the date of approval or change of such a plan, with the exception of information constituting a state secret (part 9 of article 17 of 44-FZ).

Also, customers have the right to post software on their websites on the Internet (if any), as well as publish in any printed publications(part 10 of article 17 of 44-FZ).

How to draw up a procurement plan and a procurement schedule for 2016 is described in this video:

So we have examined what the procurement plans for 44-FZ are. I hope that this information was necessary and useful for you. See you in the next editions.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

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

Procurement planning.

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

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

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

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

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

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

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

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

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

Note:

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

Deadlines to be observed when determining a supplier.

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

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

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

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

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

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

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

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

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

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

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

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

For your information:

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

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

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

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

Payment for goods, works or services.

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

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

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

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

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

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

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

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

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

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

Note:

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

Register of unscrupulous suppliers.

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

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

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

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

Contract performance report.

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

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

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

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

Deadlines to be observed when terminating a contract.

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

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

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

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

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

Responsibility for violation of deadlines.

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

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

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

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

* * *

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

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

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

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

The customer does not agree with the presence of violations when placing information in the EIS when planning procurement

1. Procurement planning is carried out through the formation, approval and maintenance of schedules. Purchases that are not provided for by the schedules cannot be carried out.

2. Schedules include:

2) the name of the object and (or) the names of the objects of procurement;

3) the amount of financial support for procurement;

4) the timing (frequency) of the planned purchases;

5) information on the mandatory public discussion of the procurement of goods, works or services in accordance with Article 20 of this Federal Law;

3. The Government of the Russian Federation establishes:

1) requirements for the form of schedules;

2) the procedure for the formation, approval of schedules, making changes to such schedules;

4. The Government of the Russian Federation has the right to establish the specifics of including in the schedule information on centralized purchases, joint tenders and auctions, purchases in the course of which closed methods for determining suppliers (contractors, performers) are used, as well as on individual purchases provided for in clause 7 of part 2 Article 83, Clause 3 of Part 2 of Article 83.1, Part 1 of Article 93 and Article 111 of this Federal Law.

5. Schedules are formed for a period corresponding to the term of the federal law on the federal budget for the next financial year and planning period, federal laws on the budgets of state non-budgetary funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation Federation, the laws of the constituent entity of the Russian Federation on the budgets of territorial state non-budgetary funds, the municipal legal act of the representative body municipality about the local budget. The schedules include, taking into account the provisions of the budgetary legislation of the Russian Federation, information on purchases, the implementation of which is planned after the end of the planning period. In this case, the information specified in Part 2 of this Article shall be included in the procurement schedules for the entire period of the planned procurement.

6. The schedule is formed by the state or municipal customer in accordance with the requirements of this article in the process of drawing up and reviewing draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation, and is approved within ten working days after bringing the scope of rights to the state or municipal customer in monetary terms for the acceptance and (or) fulfillment of obligations in accordance with the budgetary legislation of the Russian Federation.

7. The schedule is formed by state, municipal institutions, state, municipal unitary enterprises in accordance with the requirements of this article when planning the financial and economic activities of state, municipal institutions, state, municipal unitary enterprises and is approved within ten working days after the approval of the financial plan, respectively. - economic activities of state, municipal institutions, plan (program) of financial and economic activities of state, municipal unitary enterprises.

8. Schedules are subject to change if necessary:

1) bringing them into line in connection with a change in the requirements established in accordance with Article 19 of this Federal Law for goods, works, services purchased by customers (including the marginal price of goods, works, services) and (or) standard costs for ensuring the functions of state bodies, management bodies of state non-budgetary funds, municipal bodies;

2) bringing them into line in connection with a change in the volume of rights brought to the customer in monetary terms to accept and (or) fulfill obligations in accordance with the budget legislation of the Russian Federation, change in indicators of plans (programs) of financial and economic activities of state, municipal institutions, state , municipal unitary enterprises, by changing the relevant decisions and (or) agreements on the provision of subsidies;

3) implementation of the decision made by the customer following the results of the mandatory public discussion of the procurement in accordance with