Procurement plan for federal law 223. Amendments to the annual procurement plan

The form of the procurement plan is established by Government Decree No. 932 of September 17, 2012 “On approval of the rules for the formation of a procurement plan for goods (works, services) and requirements for the form of such a plan.” AT procurement plan must contain the necessary information on procurement for the customer. So the procurement plan 223 FZ 2013 should contain a list of the following information:

1. Customer details

• Name
• The address
• Telephone
• Email
• OKATO

Not included in the procurement plan under 223 FZ:

• Purchases determined by the decision of the Government of the Russian Federation
• Purchases constituting a state secret

It is worth noting that purchases, the cost of which is up to 100 thousand rubles, may not be included in the plan. / 500 thousand rubles

According to government decree No. 908 of September 10, 2012 “On approval of the Regulations on posting procurement information on the official website”, the procurement plan or information on plan adjustments is posted on the CAB within 10 days from the date of approval of the document. The procurement plan must be developed and posted by the customer to the OOC by December 31 of the following year.

Procurement plan for 223 FZ

The procurement plan should include a quarterly and monthly breakdown. The plan itself should not display the order of delivery, only information about the planned month for the conclusion of the contract is entered there, even if the delivery will be carried out within a year or several years. If the purchase is long-term, then the plan indicates the month in which the contract will be concluded, in the column duration of the contract, the corresponding period is entered. This is necessary in order for the work in matters of public procurement to be properly and clearly organized, well-established, moreover, such an approach will help to avoid possible mistakes and misunderstandings.

Urgent purchases, for example, contract / subcontract agreements that cannot be planned, are a good basis for adjusting the purchase plan along with a change in the customer's need for goods (services, works), a change in the price of goods by more than 10% and others approved in the regulation about purchases. The plan can be adjusted as many times as necessary if there is no information on such actions in the procurement regulation itself. Absolutely any change in this area should be immediately reflected in the documentation. Otherwise, problems may again arise if the changes that have occurred are not pointed out in time.

Features of the Procurement Plan for Law 223

After the entry into force of Federal Law No. 223 on procurement, the most difficult issue in the work of customers will be the formation, or rather, the subsequent change in the procurement plan, since all changes in procurement must be immediately made to the corresponding plan and added to the official website. Placing all the necessary information on the site is a way to make public tenders open, honest and accessible. And this, as you know, is the most important thing in this matter, since it is precisely the part of state trade that accounts for the largest number of all sorts of machinations.

In turn, a change in the procurement plan (purchase plan 223 FZ 2013) must be agreed upon and also approved by the company's management. Since it is in the public sector that a huge number of procurement procedures are currently placed every day, the number of changes indicated in the procurement plan will be quite large. Otherwise, mistakes and misunderstandings cannot be avoided. The structure of public procurement is a complex mechanism that includes a huge number of organizations and enterprises, and the outcome of the entire procedure depends on the work of each of them. Therefore, before starting cooperation with government customers, soberly assess your strengths, because you will have to work hard if you want to make a profit.

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

Who and when should plan

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

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

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

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

By general rule, the map of procurement operations for the next year must be posted on the official information resource in compliance with two deadlines:

• no later than 10 days from the date of official authorization (the date that is reflected in the document on the adoption of the plan for the next year);
• until December 31 of the current year.

Since the entry into force of the law on procurement, it has not been fixed at the legislative level that business entities should be held liable for violation of the specified deadlines.

There is no such responsibility today. Perhaps for this reason, the plans of even some large corporations with state participation were published with violation of the established deadlines.

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

How to compose

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

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

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

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

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

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

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

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

The plan is approved official, which is endowed with such powers in accordance with the Regulations, after which the procedure for publishing the plan on the official information resource begins.

Site placement

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

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

Before being published in the open part of the site, the planned supply map is checked in the so-called closed part. During the verification process, the customer provides the site administration with the following information:

• documents confirming that this plan is documented (drawn up in the format of a local document of the enterprise);
• documents approved by an authorized official of the customer.

After such identification has been made, the plan will appear in open access.

Alteration

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

6. HOW TO DEVELOP A PURCHASE PLAN?

Law N 223-FZ (part 2, article 4) provides for the obligation of the customer to place in the EIS a plan for the purchase of goods, works, services for a period of at least one year.

Decree of the Government of the Russian Federation of September 17, 2012 N 932 approved the Rules for the formation of a procurement plan for goods (works, services) and the requirements for the form of such a plan.

According to part 5.1 of Art. 3 of Law N 223-FZ, contracts based on the results of procurement are concluded by customers in accordance with the procurement plan, except for the following cases:

— situations where procurement information should not be included in the procurement plan or may not be included in it;

– cases when the need for purchase arises as a result of an accident, other emergencies natural and technogenic nature, force majeure circumstances, including if it is necessary to carry out urgent medical intervention and prevent the threat of occurrence of all these situations.

In addition to the specified procurement plan, customers are required to place in the EIS procurement plans for innovative products, high-tech products, medicines for a period of five to seven years (part 3 of article 4 of Law N 223-FZ).

The criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for these products are determined by the federal executive authorities exercising the functions of legal regulation in the established field of activity, as well as the State Corporation for atomic energy"Rosatom", taking into account the priority areas for the development of science, technology and technology in the Russian Federation and a list critical technologies Russian Federation(part 4 of article 4 of Law N 223-FZ).

Currently, some executive authorities have approved such criteria for use in planning procurement related to activities in the following areas they regulate:

– education, science and scientific and technical activities;

— industry, foreign and domestic trade;

– civil defense and security fire safety;

— healthcare;

— communication and mass communications;

— migration;

— Agriculture;

- transport;

- energy.

Based on these criteria, customers compile lists of goods, works, services that meet the criteria for classifying innovative products, high-tech products, and also develop provisions on the procedure and rules for the application (implementation) of such goods, works, services (part 4.1, article 4 of Law N 223-FZ).

For specific customers, the list of which was approved by the Decree of the Government of the Russian Federation of March 21, 2016 N 475-r, additional requirements for the content of the plans are established:

- plans for the purchase of innovative products, high-tech products, medicines of such customers should contain sections on the purchase from SMEs (part 3.2 of article 4 of Law 223-FZ);

- their plans for the purchase of goods, works, services should include a list of innovative products, high-tech products purchased from SMEs, as well as the ratio of the volume of purchases of these products to the annual volume (part 3.3 of article 4 of Law 223-FZ).

Attention!

The Ministry of Economic Development of Russia has developed the Federal Law "On Amendments to the Federal Law" On the Procurement of Goods, Works, Services certain types legal entities”, which is supposed to introduce a system of rationing purchases, i.e. establish requirements for goods, works, services purchased by customers to meet their own needs.

The text of the bill can also be found at the link: http://regulation.gov.ru/projects#npa=45149.

Article 5.1 of Law N 223-FZ provides that, in relation to certain categories of customers, compliance monitoring and compliance assessment of procurement plans (as well as drafts of such plans, their changes and draft changes) are carried out and annual reports the requirements of the legislation of the Russian Federation, providing for the participation in the procurement of small and medium-sized businesses (hereinafter - SMME).

Such assessment and monitoring are carried out in the manner prescribed by the Federal Corporation for the Development of Small and Medium Enterprises, as well as by the executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes.

A draft plan for the procurement of goods, works, services, a draft plan for the procurement of innovative, high-tech products, medicines, as well as draft amendments to such plans are subject to conformity assessment. Evaluation is carried out before projects are approved.

Compliance monitoring is carried out in relation to approved procurement plans, changes made to such plans, and in relation to annual reports of customers in terms of procurement from SMSP.

All of the listed categories of customers should be included in the plans for the purchase of goods, works, services, as well as in the plans for the purchase of innovative products, high-tech products, medicines, sections on the purchase from the SMSP.

Based on the results of the conformity assessment and compliance monitoring, customers are issued a conclusion on the compliance of the documents being checked with the requirements of the legislation of the Russian Federation regarding the participation of SMEs in the procurement, or a notification of their non-compliance with such requirements. If the customer does not eliminate the violations specified in the notification or does not place a protocol of disagreements to this notice in the EIS, the implementation of the procurement plans of such a customer may be partly an antimonopoly authority.

The deadlines for the start of conformity assessment and compliance monitoring for various categories of customers and documents are established in Decree of the Government of the Russian Federation of October 29, 2015 N 1169.

The process of planning orders within the framework of 223-FZ involves the timely notification of all participants in procurement activities about the needs of the customer.

This information is displayed in the purchasing plan. Consider the peculiarities of compiling, amending and publishing this document in the public domain.

concept

The procurement plan under 223-FZ is a planned supply document that reflects the needs of the customer for a certain period in accordance with the requirements of regulatory legal acts, as well as the Procurement Regulations, taking into account the timing of the procedures. It must represent electronic document in a format that provides the ability to save, search and copy an arbitrary piece of text (scanned or graphic image as a picture is not allowed). The rules for the formation, as well as the requirements for its form, were approved by Resolution No. 932 of September 17, 2012.

The term of the procurement plan under 223-FZ is at least 1 year (if the terms of a particular order provide for a longer period, the document is formed taking into account its limitations, maximum term no scheduling). The specifics of orders for innovative, high-tech and medicinal products oblige to conduct for a period of 5 to 7 years (even if these types of goods are not purchased, an empty plan must be published).

What to include in procurement plans under 223-FZ for 2018

The customer must provide the following information:

• name and contact details (address, phone number);
• PP revision number, formed sequentially from the beginning of the year;
• name of the object, including: identification code in accordance with OKVED-2 and OKPD-2, unit of measurement in accordance with OKEI, delivery address in accordance with OKEI;
• description of the object and its quantity;
• initial price of the contract;
• the expected date of publication of the order documentation and the deadline for its execution;
• method of placing an order, indicating the type (electronic or not);
• whether the order is carried out only among small and medium-sized businesses;
• whether the order relates to the acquisition of innovative or high-tech products.

Government purchases in the amount of less than 100,000 rubles. (if the customer's annual revenue is more than 5 billion rubles - in the amount of not more than 500,000 rubles), the customer may not reflect. Information constituting a state secret, as well as specific auctions determined by the Government, are also not subject to placement (orders dated December 24, 2015 No. 2662 - nuclear energy goods, dated September 27, 2016 No. 2015 No. 1247-r - space products, etc.).

How to post and make changes

The procedure for placement in the EIS is regulated by Resolution No. 908 of September 10, 2012. Chapter III indicates a ten-day period for placement from the date of approval of the plan, but no later than December 31 of the current calendar year.

The customer must sign the document with an enhanced qualified signature before publishing it in the EIS. It is important that in the event of a discrepancy between the information reflected in printed form and electronic, created through the functionality of the UIS, the priority will be the data of a single information system(part 9 of Resolution No. 908).

Unlike the strictly regulated period for updating planning documents under 44-FZ, changes to the procurement plan 223-FZ are made within 10 days from the date of the decision to make changes, but no later than publication in the EIS.

Changes to the procurement plan under 223-FZ are possible in the following cases:

• changes in demand, including the timing of the acquisition of goods, works, services;
• adjusting the method of determining the supplier;
• volume change Money required for bidding, more than 10% of the estimated cost;
• other cases stipulated by the Regulations on the purchase of the customer.

Procurement plan sample 223-FZ

Consider in what cases the customer is faced with the need to create zero plan procurement, whether it is necessary to place it in the EIS, and whether sanctions are provided for its absence.

When can I place a zero procurement plan under 44 FZ or 223 FZ

In accordance with the requirements of the legislation on procurement activities, the customer is obliged to post information about tenders planned for next year in a timely manner. At the same time, it does not matter which federal law he works: No. 44 or No. 223.

Procurement planning under Law No. 223-FZ

Violation of the terms for the placement of PZ and schedules may entail administrative liability for the organization and officials.

However, in practice there may be situations where orders are not scheduled. This situation may be, for example, in cases where:

• the organization purchases in accordance with Law No. 223 from extra-budgetary funds, grants, etc. (Article 15 of Law No. 44-FZ), but there are no such funds in the planned year and, accordingly, procurement will not be carried out;
• the customer plans only orders up to 100,000 rubles, which he has the right not to place in the EIS and not to enter into the PZ;
• the customer was not brought financing for the next financial year.

A similar situation also arises for customers who do not purchase innovative and high-tech products, but, in accordance with Art. 4 of Law No. 223-FZ are required to post a plan for such public procurement.

So, is it necessary in these cases to place planning documents in the Unified Information System?

Non-placement can be qualified by the inspection bodies as a violation by the customer of the established procedure for planning and placing information. Responsibility for non-placement is provided for in Articles 7.29.3, 7.32.3 of the Code of Administrative Offenses. The absence of this information in the EIS does not indicate the absence of public procurement. The way out of this situation will be the placement of the so-called zero PZ. Thus, the planning procedure established by law will be observed and information about the absence of tenders will be formally communicated to an indefinite circle of people.

Placement of a zero procurement plan under 223-FZ

Consider step by step how to place a zero procurement plan for 223-FZ.

Step 1. We draw up a document in paper form. We put dashes in the columns.

Step 2. We approve the document from the head of the organization or an authorized person.

Step 3. We place in the EIS. We select the type, enter information about the planning period, the date of approval by the manager.

Step 4. If the system requires filling in information on public procurement, you can put dashes and zeros.

Step 5. We attach a graphic form of the document - a prepared document in Excel or Word format (not a scan).

Step 6. We sign with the help of EDS.

Information must be posted in the EIS no later than 10 days from the date of approval by the head. It is necessary to have time to approve and place the document before December 31 of the current year.

A sample of a zero procurement plan according to 223-FZ

How to place a zero plan for the purchase of innovative products

The PZ for innovative products is formed by customers working under Law No. 223-FZ for a period of 5 to 7 years. Information must be uploaded to the EIS by December 31 of the current year.

The procedure for preparing and placing is similar to those for placing a PP:

• we prepare a document in paper form, put dashes in the appropriate columns;
• approve the document in paper form with the head of the organization;
• in the column "Purchase plan type" select "Procurement plan for innovative products";

• enter information about the planning period, the date of approval;
• if necessary, fill out a structured form in the EIS (put dashes and zeros);
• attach a graphical view of the document;
• We sign with the help of EDS and place it in the EIS.

Sample filling of zero PP of innovative products

Law N 223-FZ provides for the obligation of customers to plan their purchases. Such planning should be carried out by customers by drawing up and approving procurement plans, the form, procedure and terms of placement on the official website of which are determined by Decree of the Government of the Russian Federation of September 17, 2012 N 932 “On approval of the Rules for the formation of a procurement plan for goods (works, services) and requirements to the form of such a plan.

The procurement plan must include all procurements planned by the customer, with the exception of procurements, information about which constitutes a state secret (provided that such information is contained in the procurement notice, procurement documentation or in the draft contract), as well as procurements for which adopted a special decision of the Government of the Russian Federation in accordance with Part 16 of Art.

Procurement planning under 223-FZ

4 of Law N 223-FZ. It should be noted that in relation to “small purchases”, the amount of which is 100,000 rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles - 500,000 rubles or less), the customer independently accepts decision on their inclusion or non-inclusion in the procurement plan.

An important question remains about the need to include in the procurement plan those purchases whose amount exceeds 100 (500) thousand rubles, but at the same time carried out by the customer in accordance with the regulation on the purchase by the method "from sole supplier”(provided that information about such purchases does not constitute a state secret and no special decision has been made by the Government of the Russian Federation on them). According to the authors of this publication, information about such purchases is subject to mandatory inclusion in the procurement plan approved by the customer (note: preferably before the day the relevant agreements (contracts) are concluded with product suppliers).

The purchase plan approved by the customer can be formed taking into account such information as exchange rates, stock indices and other information. When forming procurement plans, the customer can be based on the programs approved by him, for example:

a) the production program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);

b) repair program (repair plan);

c) an investment program that includes technical re-equipment and reconstruction, including in the area information technologies, New construction;

d) other programs.

According to Part 1 of Art. 4 of Law N 223-FZ, the procurement plan must be formed by the customer for one calendar year. However, from this rule there is one exception. It is established in relation to customers purchasing innovative or high-tech products, as well as medicines. Such customers should form separate long-term procurement plans (see Table 1).

Table 1

Formation of procurement plans for innovative or high-tech products, as well as medicines

table 2

Comparison of information included in procurement plans

Criteria for classifying purchased products as innovative and (or) high-tech for the purposes of forming a procurement plan are established by federal executive authorities (part 4 of article 4 of Law N 223-FZ). As of February 3, 2014, such criteria are established by the following regulatory legal acts:

- Order of the Ministry of Health of Russia dated July 31, 2013 N 514n;

- Order of the Ministry of Emergency Situations of Russia dated December 14, 2012 N 768;

- Order of the Ministry of Industry and Trade of Russia dated November 1, 2012 N 1618;

- Order of the Ministry of Education and Science of Russia dated 01.11.2012 N 881.

When planning the procurement of conventional products, as well as when planning the procurement of high-tech, innovative products, medicines, the customer must form two separate procurement plans, the content of each of which will be different (see Table 2).

Each of these procurement plans must be formed in the form of a single (note: one) document in electronic format(for example, in doc format), which ensures the possibility of saving it on the technical means of users and allowing the possibility of searching and copying an arbitrary fragment of text by means of the corresponding viewer program (note: i.e., in other words, it is not allowed to generate a procurement plan in the form of a scanned document or protected pdf file).

In accordance with Decree of the Government of the Russian Federation of September 10, 2012 N 908 “On Approval of the Regulations on Posting Procurement Information on the Official Website”, the procurement plan must be posted on the official website by the customer within 10 calendar days from the date of its approval, but no later than 31 December of the current calendar year. Organizations applying the provisions of Law N 223-FZ from January 1, 2014, as well as budget institutions who have adopted the procurement regulations before April 1, 2014, the procurement plan must also be posted within 10 calendar days from the date of its approval, but no later than the first procurement procedure carried out in the first year of application of the norms of Law N 223-FZ.

To post a procurement plan on the official website, a customer representative in the closed part of the site must place a procurement plan generated in electronic format or a structured view of such a plan (note: a structured view means a procurement plan generated by means of the official website). This requirement will remain in effect until December 31, 2014. At the discretion of the customer, along with a structured view of the procurement plan, a graphical view of the procurement plan can be placed on the official website (for example, a scanned copy of the original procurement plan, displaying the signature, seal of the customer). The procurement plan is considered to be properly posted on the official website after the structured type of the procurement plan is posted in the public part of the official website and (or) electronic form procurement plan or a structured view of the procurement plan and a graphical view of such a plan.

The fact that procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, should not frighten the customer. According to the Rules for the formation of a procurement plan for goods (works, services), approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932, the procurement plan adopted by the customer may be adjusted. The procurement plan may be adjusted, among other things, in the following cases:

a) changes in the need for goods (works, services), including the timing of their purchase, the method of procurement and the deadline for the execution of the contract;

b) a change by more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to carry out the procurement in accordance with the planned amount of funds provided for by the procurement plan;

c) in other cases established by the procurement regulations and other documents of the customer.

Let us draw the reader's attention to the last of the above reasons for making changes to the schedule.

They should not be neglected. In the absence of appropriate references in the procurement regulation, as well as in the documents of the customer, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting the OKVED, OKDP codes of the products planned for purchase, in terms of conducting purchases in electronic form and others.

It should also be remembered that if the purchase of products is planned to be carried out through bidding (competition or auction), changes to the purchase plan must be made no later than the posting on the official website of the notice of purchase and purchase documentation or changes made to them.

Planning issues, including the formation and approval of a procurement plan, should be reflected in the procurement regulation adopted by the customer. For example, as follows:

“The procurement is carried out on the basis of the plan for the procurement of goods, works, services approved and posted on the official website.

The formation of the procurement plan and its placement on the official website are carried out by the customer in the manner determined by the Government of the Russian Federation.

The procurement plan is the main planning document in the field of procurement and is approved by the customer for a period of at least one year.

If you did not find the information you need on this page, try using the site search:

Through procurement plans and schedules, customers determine the reasonable need for the purchase of goods, works or services (clauses 2, 4-6, part 2 of article 17 44-FZ) and the characteristic conditions of the planned order: object, price, quantitative indicators (clauses 2, 4, part 3 of article 21 44-FZ). The generated documents are placed in the EIS without fail. How to make changes to the procurement plan or schedule , we will consider in the article.

Change in the procurement plan under 44 Federal Law

The regulatory framework allows for adjustment only in a number of cases (Government of the Russian Federation of 06/05/2015 No.

No. 552 and No. 1043 dated November 21, 2013):

• to bring in line with the intended purpose of procurement (Art. 13, 19 44-FZ);
• for similar rationing with acts and budget regulations;
• for the implementation of the standards of existing legislative and by-law resolutions and decisions;
• to reflect by the customer the adjusted budgetary obligations, taking into account all movements in the current PFCD;
• to comply with the decision on mandatory public comment;
• to spend the savings generated from other procurement procedures;
• to implement the conditions of the instructions of authorized regulatory bodies;
• when unforeseen liabilities arise.

Order to correct planning documents

If it is necessary to make changes to the procurement plan under 44 FZ, the contract manager applies to the management (clause 1, part 4, article 38 44-FZ). The manager, in turn, creates an order in free form, which reflects all the necessary information regarding the adjustments to be made.

Making changes to the procurement plan

After three working days after signing the order, the responsible person must place the amended provisions in the EIS (part 9 of article 17 of the Federal Law No. 44).

After the user has selected the “Make changes” item, a new document is created in the EIS, marked “In preparation”.

6. How to develop a procurement plan?

The new version copies data from the previous document. In the file itself, it becomes possible to correct each position, as well as to include a new order.

User Guide for UIS dated 09/01/2017

Changing the schedule according to 44 Federal Law

Changes to the 2018 schedule are made upon cancellation of the planned procurement procedure, with a significant inversion of the order conditions (cost, bidding period, method of determining the supplier) or in pursuance of a decision of a mandatory public discussion (part 13 of article 21 of 44-FZ).

Changes to the plan schedule in 2018 must be published within three working days after they are accepted and approved by the order. The adjustment procedure in the EIS is similar to the previous case.

Making changes to the schedule implies that the term for the formation of a notice of procurement procedures will come no earlier than ten days after the publication of adjustments for a specific object of the order.

Correction of planning documents according to Federal Law 223

The introduction of amendments in accordance with the norms of 223 FZ is regulated by the Government of the Russian Federation of September 17, 2012. No. 132 and is allowed when correcting the list of goods, works and services planned for purchase, the planned timing of the order procedures, the method of its implementation, or the frequency of the contractual relationship and the fulfillment of the conditions under the contract. Also, changes are allowed in case of adjustment by more than 10% of the cost indicator of the procurement object or on other grounds established in local regulations. regulations customer.

When conducting such competitive methods as a contest or auction, it is recommended to observe strict time frames when forming improvements and publish the changes made in advance (before placing an order notice).

Procurement plan in new edition signed with an email key digital signature the responsible executor of the institution acting as the customer, and is subject to publication in the EIS.

The process of planning orders within the framework of 223-FZ involves the timely notification of all participants in procurement activities about the needs of the customer. This information is displayed in the purchasing plan. Consider the peculiarities of compiling, amending and publishing this document in the public domain.

concept

The procurement plan under 223-FZ is a planned supply document that reflects the needs of the customer for a certain period in accordance with the requirements of regulatory legal acts, as well as taking into account the timing of the procedures. It must be an electronic document in a format that makes it possible to save, search and copy an arbitrary piece of text (scanned or graphic image as a picture is not allowed). The rules for the formation, as well as the requirements for its form, were approved by Resolution No. 932 of September 17, 2012.

The term of the procurement plan under 223-FZ is at least 1 year (if the terms of a particular order provide for a longer period, the document is formed taking it into account, there are no restrictions on the maximum planning period). obliges to conduct for a period of 5 to 7 years (even if these types of goods are not purchased, an empty plan must be published).

What to include in procurement plans under 223-FZ for 2019

The customer must provide the following information:

• name and contact details (address, phone number);
• PP revision number, formed sequentially from the beginning of the year;
• name of the object, including: identification code in accordance with OKVED-2 and OKPD-2, unit of measurement in accordance with OKEI, delivery address in accordance with OKEI;
• description of the object and its quantity;
• initial price of the contract;
• the expected date of publication of the order documentation and the deadline for its execution;
• method of placing an order, indicating the type (electronic or not);
• whether the order is carried out only among small and medium-sized businesses;
• whether the order relates to the acquisition of innovative or high-tech products.

Government purchases in the amount of less than 100,000 rubles. (if the customer's annual revenue is more than 5 billion rubles - in the amount of not more than 500,000 rubles), the customer may not reflect. Information constituting a state secret, as well as specific auctions determined by the Government, are also not subject to placement (orders dated December 24, 2015 No. 2662 - nuclear energy goods, dated September 27, 2016 No. 2015 No. 1247-r - space products, etc.).

How to post and make changes

The procedure for placement in the EIS is regulated by Resolution No. 908 of September 10, 2012. Chapter III indicates a ten-day period for placement from the date of approval of the plan, but no later than December 31 of the current calendar year.

The customer must sign the document with an enhanced qualified signature before publishing it in the EIS. It is important that in the event of a discrepancy between the information reflected in the printed form and the electronic one created through the functionality of the EIS, the data of the unified information system will be the priority (part 9 of Resolution No. 908).

Unlike the strictly regulated period for updating planning documents under 44-FZ, changes to the procurement plan 223-FZ are made within 10 days from the date of the decision to make changes, but no later than publication in the EIS.

Changes to the procurement plan under 223-FZ are possible in the following cases:

• changes in demand, including the timing of the acquisition of goods, works, services;
• adjusting the method of determining the supplier;
• change in the amount of funds required for bidding by more than 10% of the estimated value;
• other cases stipulated by the Regulations on the purchase of the customer.

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

Step 1. Determine the reasons for making changes

223-FZ does not regulate the introduction of changes to the procurement plan in detail. General grounds changes to the procurement plan are enshrined in clause 8 of the Rules for its formation (No. 932 dated September 17, 2012).

These include:

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

Changes may also be made in connection with:

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

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

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

Step 2. Making changes

After the basis for making adjustments has been found, the question arises of how to make changes to the procurement plan under 223-FZ. Answer to this question should also be looked for in the procurement regulations of the enterprise. As a rule, the adjustment is carried out in the same way as the approval of the plan itself.

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

1. The interested subdivision sends a justification for making changes to the procurement plan under 223-FZ, in which it indicates the basis for making adjustments, and also provides the content of such adjustments. Justification example: " Due to the need for...».
2. The procurement committee checks the submitted justification for compliance with its procurement regulations and other documents of the enterprise and makes a decision on the appropriateness and legality of the proposed solutions.
3. An order to make changes is issued, which is signed by the head of the enterprise.

From July 1, 2018, new rules come into force for customers under 223-FZ. Throughout 2018, the law is constantly changing: some of the new rules must be applied from January, some come into force in July, and finally everything will be completed by 2019. See the table to see which changes have already taken effect and which will become mandatory in mid-summer.

A sample order to amend the procurement plan under 223-FZ must contain the following attributes:

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

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

Step 3: Placing Changes

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

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

Consider the procedure for making changes to the PP. The enterprise makes adjustments to the structured view of the plan and / or publishes:

• electronic type of software;
• modified graphical image of the software.

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

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

Thus, the terms for publishing changes to the procurement plan under 223-FZ are 10 calendar days. When making adjustments to the structured view of the plan, the system will display a dialog box in which you must specify the rationale for making changes to the procurement plan under 223-FZ. What to write? For example, a change in the cost of work, goods, services by more than 10% compared to the planned figures.

How to change the plan in the EIS

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