Webinars on 44 fz. Webinars

» it will be possible to learn about the requirements for participants in public procurement; on recent developments in procurement legislation; on how public procurement of medicines and medical equipment is carried out. To watch the named webinars, it is enough to go through the registration procedure.

December 8 at 10:00 (Moscow time)

Public procurement in medicine is a rather highly specialized and specific area. Price level for goods and services, as well as requirements for auction participants and content bids in this case depend on many factors, which are extremely difficult to understand without experience. At the webinar, an expert will help you understand all the intricacies, talk about restrictions on the purchase of medical products from foreign manufacturers, and review typical procurement violations in the healthcare sector.

Also in the program:

  • procurement planning, justification of the NMTsK, rules for the formation of lots, preparation of terms of reference;
  • methods of procurement of medicines and medical equipment;
  • features of the contract.

December 15 at 10:00 (Moscow time)

How to issue a bank guarantee and what is needed to obtain it? What is the validity period of the bank guarantee? How to check the authenticity of a document? Answers to these questions can be received at the webinar on December 15th. The listeners of the lecture will also learn about the order in which the banking support of the contract is carried out.

In order not to miss the placement of information about the desired purchase, it is worth connecting the "" service. In this service, the supplier (contractor, performer) can set up templates for requests for all tenders for "their" goods (works, services). After that, the supplier will promptly receive email notifications that a purchase of interest to him has appeared on a particular site. Such a tool will save the supplier from the need to constantly monitor information and will allow you to quickly respond to purchases of interest to him.

December 22 at 10:00 (Moscow time)

Webinar attendees will learn how public procurement will change in 2018. And for beginners, the lecturer will explain the algorithm of actions of the bidder. Lecture attendees will receive step by step instructions on the actions of the bidder - from accreditation on the electronic site to the conclusion of a contract. Please note: articles on this topic can be found in the "" section.

Webinar program

  • 9:30 - gathering of participants, getting to know each other
  • 10:00 - 11:35 - Oksana Shipunova. The practice of appealing the actions of the customer to the Federal Antimonopoly Service under 223-FZ
  • 11:35 - 12:00 - break
  • 12:00 - 13:00 - Oleg Birulya. Changes in public procurement - 2018
  • 13:00 - 13:30 - break
  • 13:30 - 14:30 - Vladislav Tararykov. Niche analytics and search for tenders
  • 14:30 - 15:00 - Closing of the year of webinars. Giveaway

The most active participants are guaranteed gifts!

”, which will be held in the second half of September, it will be possible to receive general information about how they are currently e-procurement, as well as learn how to participate in tenders without financial investments. To watch the webinars, all you have to do is register.

September 14 at 10:00 (Moscow time)

Webinar attendees will receive answers to their most pressing questions about financial instruments, which help to participate and win tenders. In particular, we will talk about where to get the money to fulfill the contract, how to get a tender loan and what is state factoring. Webinar attendees will also be able to learn about common mistakes customers and participants various stages trades.

September 26 at 10:00 (Moscow time)

According to latest changes, introduced into Federal Law No. 44-FZ of 05.04.13, all purchases must take place in electronic form. Legislators also introduced new forms electronic trading(purchases with limited participation and two-stage auctions that will allow customers to impose additional requirements on suppliers). However, all applications must be submitted and considered exclusively through electronic platforms(EP). How to do it right will be discussed at the webinar on September 26. The audience of the lecture will receive general information about the electronic contract, learn about the rules for its conclusion, as well as what options exist for electronic trading.

    Price: FREE

    Judicial practice of Siberia on the application of Law No. 44-FZ on the contract system: legal positions of the Arbitration Courts of the West Siberian and East Siberian districts for 2018-2019.

    In 2017, the Supreme Court of the Russian Federation published the Review judicial practice application of legislation Russian Federation about contract system in the field of procurement of goods, works, services to meet state and municipal needs” (approved by the Presidium Supreme Court RF 28.06.2017). After the publication of this review ...

    Price: FREE

    FREE WEBINAR: Criteria for consideration and evaluation of applications under Law No. 223-FZ.

    When preparing procurement documentation, customers prescribe selection criteria (requirements for procurement participants). Victor Don will tell you about what it is, what types and purposes are at the webinar. Students will familiarize themselves with the documents that are required to be submitted as part of the application and learn ...

    Price: FREE

    Overview of the most significant changes to Law No. 44-FZ on the contract system in early 2019

    During the webinar, the main changes to 44-FZ for customers and suppliers will be considered. The speaker will talk about what has changed in terms of procurement and...

    Price: FREE

    Introduction of criminal liability for violations of the legislation of the Russian Federation on the contract system. Anti-corruption requirements for specialists in the field of procurement to meet state and municipal needs.

    Group trading floors OTS.ru and the Procurement Information Portal invite you to participate in a FREE webinar "Introduction criminal liability for violations of the legislation of the Russian Federation on the contract system. Anti-corruption requirements for specialists in the field of procurement to meet state and municipal needs. During the webinar, the issues of the emergence of criminal liability of specialists for corruption offenses in the field of procurement for...

    Price: FREE

    Overview of procurement methods in the new edition of 223-FZ.

    During the webinar, procurement methods will be considered in accordance with the provisions of 223-FZ. Students will learn about the requirements for the content of the notice, document...

    Price: 0.00

    FREE WEBINAR: Changes in the procedure for applying the national regime under Law No. 44-FZ.

    Dear colleagues, we invite you to participate in our free webinar on changes in the application of national treatment in accordance with the rules federal law dated 04/05/2013 No. 44-FZ "On contract...

    Price: FREE

    Review of changes in the legislation on procurement by certain types of legal entities (223-FZ), effective from 12/31/2017 and 01/01/2018

    Dear colleagues, we invite you to the first review of legislative changes in 2018on procurement certain types legal entities(223-FZ), whose speaker will be Don Viktor Viktorovich.

    Price: FREE

    Features of procurement among participants from among small and medium-sized businesses in the framework of 223-FZ. New legal requirements.

    Decree of the Government of the Russian Federation No. 608 of May 20, 2017 “On Amendments to Certain Acts of the Government of the Russian Federation, which entered into force on July 1, 2017, amended Decree of the Government of the Russian Federation No. 1352, providing for...

    Price: 0.00

    Free webinar: Overview of the most significant changes in the practice of applying Law No. 44-FZ in 2017

    On December 15, 2017, a webinar "Overview of the most significant changes in the practice of applying Law No. 44-FZ in 2017" will be held.

    Price: FREE

    Changes in the rules and practice of concluding and amending contracts in 2017, which any procurement specialist must be aware of under 44-FZ.

    On November 2, 2017, legal practitioner and procurement expert Don Viktor Viktorovich, as part of the webinar, will tell listeners about important changes in the rules and practice of concluding and changing contracts in 2017, about which...

    Price: FREE

    Overview of the most significant changes in the practice of applying the Law No. 223-FZ on procurement following the results of the current period of 2017

    The webinar will take place on October 27, 2017. Practicing lawyer and expert in the field of procurement, Don Viktor Viktorovich will talk about the most important changes in Law No. 223-FZ and their practical...

    Price: FREE

    How can state and municipal institutions, enterprises sell the state or municipal property assigned to them?

    On September 6, 2017, at 10:00 Moscow time, a webinar will begin, hosted by Don Viktor Viktorovich, a practicing lawyer, an expert in the field of procurement.

    Price: 2500 rubles

    WEBINAR: Unknown aspects of the application of 44-FZ in terms of establishing requirements for product labeling.

    On July 28, 2017 at 10.00 Moscow time there will be a video meeting with Don Viktor Viktorovich, who will tell the audience about the unknown aspects of the application of Law No. 44-FZ in...

    Price: 2500 rubles

    WEBINAR: Features of the application of Federal Law No. 372 within the framework of 44-FZ, 223-FZ, RF PP No. 615.

    On July 21, 2017, ANO DPO "Baltic Institute for Personnel Development and Training" holds a video meeting with Don Viktor Viktorovich, where you can learn about...

    Price: FREE

    Recording of the webinar dated February 21, 2017 "Rules for the description of the procurement object and specific indicators of the goods indicated by the procurement participants as part of the first part of the application for participation in the electronic auction.

    Dear colleagues, we present to your attention the recording of the webinar dated February 21, 2017 "Rules for describing the object of procurement and specific indicators of the goods indicated by procurement participants as part of the first part of the application for participation in the electronic auction: the most interesting cases from judicial and administrative practice", organized by ANO DPO "Baltic Institute for Development and Training of Personnel" and information portal purchasing site.

    Price: FREE

    Recording of the webinar: How can the customer verify the accuracy of the information provided in the application by the procurement participant: what every qualified procurement specialist on the part of the customer should know (44-FZ, 223-FZ).

    Dear colleagues, we present to your attention a video recording of the webinar dated February 20, 2017 "How can a customer verify the accuracy of the information provided in the application by a procurement participant: what everyone should know qualified specialist in the field of procurement by the customer (44-FZ, 223-FZ)".

    Price: FREE

    FREE WEBINAR: How can the customer verify the accuracy of the information provided in the application by the procurement participant: what every qualified specialist in the field of procurement from the customer should know (44-FZ, 223-FZ).

    The webinar will take place on Monday, February 20, 2017 at 10:00 Moscow time. The material is read by Don Victor Viktorovich - an expert in the field of procurement, a lawyer-practitioner. Participation in the webinar is FREE!

    Price: FREE

    On Friday, February 17, 2017, a FREE WEBINAR will be held on the site webinar.ru, at 14.00 Moscow time, the material is read by Don Viktor Viktorovich - an expert in the field of procurement, a legal practitioner.

    Price: free

    Recording of a free webinar: "Overview of changes in legislation in the field of procurement (223-FZ)".

    We present you a recording of a free webinar: "Overview of changes in legislation in the field of procurement (223-FZ)".

    Price: FREE

    FREE WEBINAR FOR SPECIALISTS ON 223-FZ: "Review of changes in legislation in the field of procurement (223-FZ)".

    There were many questions about what changes we have come into force, who they affect and how to apply them. We couldn't resist. And soJanuary 26, 2017 at 10:00 Moscow time we we invite you to our event - a free webinar"Overview of changes in legislation in the field of procurement (223-FZ)".

    Price: free

Briefly about the changes in public procurement

When verification comes, the customer is not always able to prove that he did certain actions unintentionally. The inspection body always thinks that the intentions were bad.

On January 1, the official website of the Unified Information System for Public Procurement was put into operation. The concept of "rationing" appeared. Changes were also made to the procedure for the formation and placement of schedules, new duties for contract service employees were introduced, and anti-crisis measures in the field of public procurement were extended for 2016.

Changes have been made to the classifiers. When a functional customer plans a purchase, he must take into account the admission of goods originating from foreign countries, works and services supplied by foreigners. This must be taken into account, since the activity monitoring system government customers exists and works. Since there are not enough controllers, violations are tracked through complaints and inspections.

The new rationing rules came into force in 2016 and are already being applied. It should be remembered that the contract manager (employee) is responsible for the entire procurement process:

  1. develops a procurement plan, prepares changes to be included in the procurement plan, places the procurement plan and the changes made to it in the EIS;
  2. develops a schedule, prepares changes for making to the schedule, places the schedule and the changes made to it in the EIS;
  3. prepares and places in the EIS notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in the selection of suppliers by closed methods.

It is important to understand that if a purchase is being prepared, then there should be a justification for it. Article 18 always spoke about this, but there was no form of how exactly this should be done. Indeed, in accordance with 44-FZ, the rationing comes into force from January 2017. Therefore, despite the fact that there is no legal force, the rationale must be done now.

The justification for the purchase is carried out by the customer when forming the procurement plan, schedule and consists in establishing the compliance of the planned purchase with the objectives of the procurement, determined taking into account the provisions of Article 13 (including decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of subjects RF, decisions, orders of higher executive bodies state authorities of the constituent entities of the Russian Federation, municipal legal acts), as well as the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement.

Restriction of competition always exists and the rationale must be correctly spelled out. After all, you can buy anything with a good justification. Government Decree No. 555 contains a justification form. For the time being, the rationale can be kept in the company's documentation. The justification package is the history of the interaction, although it has no direct relation to the schedule. This Ordinance is not limited to: regulations may be issued by subjects and other authorities. Having used the rationale, you can be ready for its entry into legal force. From the point of view of formal logic, a brief justification is necessary for everything. Forming a justification for a single source is always useful. The controller, when checking, always pays attention to non-competitive procedures. For example, not an auction, but the only supplier up to 100,000 rubles.

Decree No. 555 applies not only to planning, but also to justification. Forms and requirements for placement are spelled out there. If we talk about regulatory requirements, then it provides for the forms of the content of the procurement plan and the schedule. This is a requirement that is written in the Resolution. But you can apply your legislative framework. Justification can be presented in free form, but experts attach it professional look. From 2017, the justification form will also be structured and linked to the schedule and procurement plan.

Resolution No. 555 contains one nuance:

With regard to purchases made in accordance with paragraphs 4, 5, 26 and 33 of part 1 of Article 93 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the annual volume of these purchases is subject to justification.

There are purchases up to 100,000 rubles, 400,000 rubles (business trips for employees, provision of teaching services by an individual).

What does it mean? Many customers make justification in one line, since 44-FZ does not require more. It is these 4 types of purchases that require completion for one year. That is, when the amount of funding changes, it will be necessary to make changes and adjust the rationale. This will not be difficult, since the schedule can be changed many times. The question is in its coordination and approval. The question here is only technical.

A responsibility

The assessment of the validity of procurement is carried out in the course of monitoring procurement, auditing in the field of procurement and control in the field of procurement in accordance with 44-FZ. According to the results of an audit in the field of procurement and control in the field of procurement, a specific purchase may be recognized as unreasonable (parts 4.5 of article 18 of 44-FZ).

If the planned purchase is recognized as unreasonable, the control bodies specified in paragraph 3 of part 1 of article 99 of 44-FZ (bodies of the internal state (municipal), financial control, determined in accordance with the RF BC), issue instructions to eliminate identified violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement and bring to administrative responsibility persons guilty of violations of the requirements of 44-FZ, in the manner established by the Code of Administrative Offenses.

This mechanism as justification will only be used from 2017, but punishment already exists.

Determination of the initial (maximum) contract price

Employees of contract services, contract managers can, when applying and justifying the N (M) CC by the method of comparable market prices(market analysis) information obtained as a result of placing requests for prices of goods, works (services) in the UIS.

That is, employees of contract services, contract managers can not send requests for price information to potential suppliers, but place such requests directly in the EIS: http://zakupki.gov.ru/epz/pricereq/search/quick/result.html (part 5 of article 22 of 44-FZ)

While on the official website there is a button "Place a request for pricing". In accordance with guidelines requests are sent by the customer to at least 5 suppliers, but at least 3 answers can be used. With the help of the received data, the price of the contract is formed. As a rule, the customer sends requests to suppliers with whom he has already worked. There may be a problem: if this toolkit works only in the style of 44-FZ, then at the transitional stage there may not be answers to requests. Suppliers need to be told that such requests need to be tracked. The important thing is that if it is proved that the customer communicated with suppliers in this way, then this can be regarded as collusion.

Planning

Previously, the situation with planning was different: schedules were placed in the form of tables, sometimes scans were posted with the approval of the head, and the inspectors looked at it. But today there is a trend towards structuring, tightening and shaping the needs of each customer. Tracking of customers goes at the stages of planning and execution of contracts.

Now, when planning the purchase of GWS to meet state (municipal) needs in 2016, it is necessary to be guided by joint orders of the Ministry of Economic Development of Russia and the Federal Treasury:

  • a) Order of the Ministry of Economic Development of Russia No. 761, Treasury of Russia No. 20n dated December 27, 2011 (as amended on June 10, 2013) “On approval of the procedure for posting 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” (Registered in the Ministry of Justice of Russia on 09.02.2012 No. 23186);
  • b) order of the Ministry of Economic Development of Russia No. 182, the Treasury of Russia No. 7n dated March 31, 2015 (as amended on November 3, 2015) “On the features of placement in a single information system or prior to the commissioning of this system on the official website of the Russian Federation on the Internet for posting information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015-2016” (Registered in the Ministry of Justice of Russia on 08.05.2015 No. 37186).

Schedules are now placed in the EIS only in a structured form. It is technically impossible to place them in a different form. Federal authorities, federal government bodies and federal state institutions place schedules differently ("Electronic budget"). If the customer does not belong to this category, then the rules are the same: only a structured view. In the future, 44-FZ, UIS may merge with " Electronic budget". It is also known that in the preparation and execution of budgets, starting with budgets for 2016, KOSGU is not applied.

There was a letter from the Ministry of Economic Development, according to which if the purchase is carried out in the form of an electronic auction, then the contract must be concluded in in electronic format. However, no papers can be signed.

New classifiers are now used in planning.

In accordance with the amendments to Article 18 of the RF BC, the classification of operations of public legal entities (KOSGU) is an integral part of the budget classification of the Russian Federation, which has been used since 2016 only for maintaining budget (accounting) accounting, compiling budget (accounting) and other financial statements that provide comparability of budget indicators budget system RF.

If the codes of expenses and incomes are incorrectly indicated during the formation of the schedule, then this is followed by punishment. Accountants must be very specific about these codes.

When compiling and executing budgets of the budgetary system, KOSGU does not apply. Therefore, the KOSGU code is no longer included in the budget classifiers of income, expenses and sources. There are certain tables with codes, they are associated with income and expenses of accounting. They may not directly match the needs, but from the point of view of the system they are suitable.

2015 - 2017 are years of transition. There are ending contracts. What about monopolists and contracts for one year? What codes to indicate? The unofficial position of the state authorities suggests that it is necessary to indicate the new BCC with the numbers "244" in the format of 2016.

Also, for each individual purchase, in column No. 1 of the PG 2016, instead of 3 characters of KOSGU, indicate 3 characters of CWR (expense type code), and according to clauses 4.5, 23 in column No. 1 - 17 characters of the new CSC (in it instead of KOSGU must be indicated by the CWR), not by a separate purchase, but by the total amount, but in a separate line for each type.

IKZ (36 characters according to Pr. No. 422 from 01/01/2016) do not indicate (one year later at the end of 2016 when compiling the PG for 2017). IPC has been indicated since 2017 in contracts posted on the website in the Register of Contracts.

The IKZ on the website of each customer had a different purchase code. Now it is not generated by the system. It includes a classifier and other codes. When there is a classifier, then the correct IPC will be indicated.

  1. Changes in the order of budget classification: Instructions on the procedure for applying the budget classification of the Russian Federation as amended by Order of the Ministry of Finance of Russia dated June 8, 2015 No. 90n and Order of the Ministry of Finance of Russia dated December 1, 2015 No. 190n.
  2. Analyze a comparative table of correspondence between the CWR and articles (sub-articles) of KOSGU related to expenditures and used by budgetary, autonomous institutions. It is available on the website of the Ministry of Finance. If the schedule has not yet been transferred to a new track, then it must be compared with the procurement plan.

Procurement planning from January 1, 2015

According to part 1 of article 16 of 44-FZ, from 01.01.2015, procurement planning is carried out based on the objectives of procurement through the formation, approval and maintenance of:

  • a) procurement plans (strategy). Formed for a long period (3-5 years); For this year, the customer does not form a procurement plan, he works through the schedule. It is structured. The procurement plan can already be formed for 2017-2020. It is necessary to make sure that, as a result of the audit, the procurement plan corresponds to the schedule. It is also necessary that justifications flow from one to another.
  • b) schedules (tactics) - is formed only for the current period (year).

There is an analytical review of violations of the law for 2015. It contains various information. 163 submissions were made for violations in the placement of schedules only in the Khabarovsk Territory. Already now, when forming plans-schedules, an audit can reveal violations. You can make any changes to the schedule and start the purchase - the EIS will not be able to prohibit this. The UIS skips this purchase, but the check will reveal violations, so it is better not to allow them.

All procurement participants on the part of the customer (functional customer, accountant) must provide the most up-to-date information to each other - this is the key to well-coordinated work without violations.

Procurement plan and schedule - differences

There are legal requirements that require each customer to form a procurement plan and schedule. 44-FZ and Decrees provide regulations for the formalization of such plans:

"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"

"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"

"On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of a constituent entity of the Russian Federation and municipal needs, as well as on the requirements for the form of a schedule for the procurement of goods, works, services"

The requirements for the form of plans for federal needs are described in the first two resolutions. The third Decree speaks of the municipal needs and the needs of the constituent entities of the Russian Federation. For non-placement of the schedule, a fine is implied for individuals and legal entities (50,000 and 500,000 rubles, respectively). A fine is also issued for each violation. When a purchase is formed or a change is made to the schedule, the EIS marks unfamiliar words in red. When highlighting such words, it is easier for the customer: any inspector believes that the customer has maliciously made a mistake. Massive errors increase the risk of concluding that there was a goal of avoiding the issuance of information about purchases in search engines.

If plans are made manually and then transferred to the official website, then we must remember that positions are transferred from the schedule to the procurement plan, but there are some nuances. But discrepancies in codes should go away.

The purpose of the purchase. The name of the object description. There are no legal requirements for how detailed this must be. If it is detailed in the justification, then this will be enough.

The content of the procurement plan (part 2 of article 17 of 44-FZ) The content of the schedule (part 3 of article 21 of 44-FZ)
1) procurement identification code;
2) the purpose of the procurement; 2) the name and description of the object of procurement, indicating the characteristics of such an object,
  • the quantity of goods supplied, the volume of work performed, services rendered,
  • planned dates, frequency of delivery of goods, performance of work or service,
  • N(M)CD, the price of the contract concluded with the unit. counterparty,
  • justification of the purchase,
  • the amount of the advance payment (if the payment of the advance payment is provided), the stages of payment (if the execution of the contract and its payment are provided for in stages);
3) the name of the object and / or names of the objects of procurement and a description of such object and / or objects of procurement, as well as the volume of purchased GWS; 3) add. requirements for PMI (if such requirements exist) and the rationale for such requirements; These are requirements for goods originating from foreign countries, requirements for a participant, if such requirements can be established, as well as requirements under Articles 27, 28, 29
4) the amount of financial security for the procurement; 4) the method of determining the supplier (contractor, performer) and the rationale for choosing this method;
5) the timing (frequency) of the planned purchases; 5) purchase start date; When the customer is going to make a purchase and has reason to do so, if the start date of the purchase is delayed, then a formal fine may be issued for the non-compliance of the schedule with the procurement procedure.
6) justification of the purchase; This can be written briefly, but from 2017 it will be necessary to attach a rationale 6) information on the amount of security provided for the respective application of the PPL and security for the execution of the contract; There is a procedure where there may be no application security, but there are procedures where it should be in any case. This must be remembered.
7) information on the procurement of GWS, which, due to their technical and/or technical complexity, innovative, high-tech or special. nature are able to supply, perform, provide only contractors with the necessary level of qualification, and are also intended for scientific research, experiments, surveys, design work(including architectural and construction design); Article 10 of the 44-FZ refers to priority. But there is no explanation of what innovative products are. Any product can be called innovative. But such actions may lead to the fact that the participants may not agree with the establishment of competition. 7) information on the application of the cost criterion specified in part 3 of article 32 of 44-FZ life cycle goods or an object created as a result of the performance of work (if the specified criterion is applied) when determining the counterparty;
8) information about the mandatory public discussion of the purchase of goods, works or services in accordance with Article 20 of 44-FZ. 8) information on banking support of the contract in cases established in accordance with Article 35 of 44-FZ.

In 2016, it is necessary to gain experience in completing the justification. The changes will come into effect from the beginning of 2017. The schedule for 2016 does not require justification from Resolution No. 555, but for 2017 it already does.

Questions from participants

Posted Regulations on 223-FZ on public services. Is it possible to lose the right to work under 223-FZ if it is not paid from the budget?

Answer: The right to use one law or another depends on the other. 44-FZ are budgetary funds. If 223-FZ is not used, then you need to work according to 44-FZ, but it is impossible to lose or not lose the right. If the contract is concluded under 44-FZ, then the supplier does not care from which article payment will be made. It doesn't matter to the controller. This question requires reflection.

Do I need to justify when purchasing from sole supplier?

Answer: Yes, this is required by Article 93. There are exceptions, but justification is necessary. What is the practical difference between a procurement plan and a schedule? Procurement plan - the customer's wishes for the next 3-5 years. Purchasing plan - specific data about what is being bought.

Do you need to make a procurement plan before July 1? For how many years?

Answer: Yes, for 3-5 years. The procurement plan does not correlate with the budget, but the schedule does.

Is there an analogue of Decree No. 616 in 44-FZ?

Answer: No, article 59 of Federal Law 44-FZ says that the customer is obliged to carry out electronic auction if the subject of the purchase falls under 2 conditions:
a) a clear specification can be drawn up,
b) when the evaluation criterion is the price.

The autonomous institution works according to 223-FZ, but during the construction of the stadium it falls under 44-FZ.

Answer: If capital investments - hits. If not, then it doesn't fit.

There are no employees under 44-FZ. Is it possible to specialize in article 40? Should a contract manager be appointed?

Answer: Yes, there is such a right. As for the manager - a difficult question.

Should the procurement plan be completed by lot or by each item in the lots, as in the schedule?

Answer: At the moment, the procurement plan is formed as a procurement.

Added 20 positions, but changes are being made to the schedule. Is justification required in accordance with Decree No. 555?

Answer: No, no substantiation is required this year. But when forming a schedule for 2017, justification will be required. And when working with the procurement plan for the next years, justification will be required.

Does the chief accountant have the right to be a contract manager?

Answer: In accordance with the standards adopted last year, it has. But why?

Will it be correct in the structured schedule in the line “Minimum necessary requirements» indicate only the phrase "In accordance with the terms of reference"?

Answer: On the one hand, yes. From the point of view of logic, it is better to enter some requirements. You can write: “Detailed requirements can be specified in terms of reference". This can remove the danger and the problem of limiting competition.

Is it obligatory to pass 44-FZ, if so, how many hours?

Answer: The standards were adopted in 2015 and they provide for the standard of a procurement specialist and expert. But now the body responsible for this has not been determined. It takes 108 hours. And that's enough, this figure is the minimum.

The accountant divides the budget: budget funds go through 44-FZ, and entrepreneurial activity goes by. How to make purchases entrepreneurial activity?

Answer: If there is a Regulation on procurement in the framework of entrepreneurial activity, then this activity fits into 223-FZ. If there is no Regulation, then it is impossible to buy materials without procurement procedures. This contradicts 223-FZ and 44-FZ.

Can an employee be contract service if his experience does not pass according to the standard?

Answer: Yes, but how it will be in time is unknown. But the presence of any higher education gives him the right to work in the contract service.

How to justify the purchase in the schedule, in the same place the amount in one line?

Answer: Part 3 of Article 93. This exception does not need to be substantiated.

Public procurement planning within the framework of 44-FZ (part 2)

Everything that is said in this webinar is just the speaker's point of view on those regulations in the field of public procurement that exist today. The speaker can make mistakes, and that's okay, all points of view are welcome.

Rationing in the field of procurement

  1. Rationing in the field of procurement is understood as the establishment of requirements for GWS purchased by the customer (including the marginal price of GWS) and / or standard costs for ensuring the functions of state. bodies, management bodies of state off-budget funds, municipal bodies.
  2. For the purposes of Article 19, the requirements for GWS purchased by the customer are understood as requirements for the quantity, quality, consumer properties and other characteristics of GWS, which allow meeting state and municipal needs, but do not lead to the purchase of GWS that have excessive consumer properties or are luxury goods in accordance with with the legislation of the Russian Federation.

There is no demo page on the official website where you could bring the customer and work through all the operations in the trial version. But there are many videos on YouTube that suggest this action. Important point in terms of planning, this is Article 19. It has certain requirements for customers. Today there are 2 types of regulation and 2 levels of legislative regulation:

Normalization can be divided into two types:

  • setting requirements for GWS purchased by the customer (including the marginal price of GWS). This type rationing applies to all customers and answers the question: What can be purchased? It refers to the permitted list of goods and services.
  • determination of standard costs for ensuring the functions of state bodies, management bodies of state extra-budgetary funds, municipal bodies (including, respectively, territorial bodies and subordinate state institutions). This type of rationing applies only to state bodies, management bodies of state non-budgetary funds, municipal bodies, their territorial bodies and subordinate state institutions and answers the question: How much can you spend on a purchase? It talks about the threshold value of the amount for which you can buy.

With these parameters we can control the process. It is necessary to study the list and determine the price for which it can be bought.

As for legislation, there are special acts for regulation. The first type of rationing: what can be purchased? Exist different kinds lists of GWS that can be purchased. All these lists are approved by the Decree of the Government of the Russian Federation of September 2, 2015 No. 927. This will be used in the rationale: why is this the customer buying? There are also cost standards that must also be taken into account now. This could not have been taken into account last year, since the law has no retroactive effect. With any change in the schedule, the rules of rationing must be taken into account. Otherwise, an administrative fine may be issued. On the official website there is a control panel, there is a section "Rationing". must watch regulations by regions where purchases are made.

Work on the procurement plan

Here, activity is regulated by part 3 p. 114 of 44-FZ, which comes into force on January 1, 2017. There are no difficulties in forming justifications, there are services that help to do this. As for the timing, there is a nuance:

  • State. or mun. the purchase plan is approved by the customer within 10 working days. days after bringing to the state. or mun. the customer of the scope of rights in monetary terms for the acceptance and / or fulfillment of obligations in accordance with the budgetary legislation of the Russian Federation (part 7 of article 17 of 44-FZ)
  • BU procurement plan is approved within 10 working days. days after the approval of the FCD BU plan (part 8 of article 17 of 44-FZ).

Procurement plans formed in 2016 for 2017 and the subsequent planning period will include a procurement identification code (IKZ), determined in accordance with Article 23 of 44-FZ.

The approved plan is posted within 3 working days from the date of approval or change of such plan, the only exception is state secrets. That is, there are 10 working days for approval, 3 days for placement. Days are not calendar days, but work days.

If the customer works in Excel, then it is better to mark purchases in different colors. Now the procurement plan is not laid out in a structured form, so it is important to make the work convenient.

Terms of placement of the schedule

The schedule is developed annually for 1 year and approved by the customer within 10 working days. days after he received the volume of rights in monetary terms to accept and / or fulfill obligations or approve the FCD plan in accordance with the legislation of the Russian Federation (part 10 of article 21 of 44-FZ).

The schedule approved by the customer and the changes made to it are subject to placement in the EIS within 3 working days. days from the date of approval or change of the schedule, with the exception of information constituting the state. secret (part 15 of article 21 of 44-FZ).

Nuance: when the schedule is submitted for approval to the department, then, alas, the department is not responsible for coordinating the schedule. All acts contain requirements for the customer, but not for government agencies. Until the schedule is agreed, the customer can do nothing. If the schedule is approved by the customer, then by law he must post it within 3 business days, even if it is not approved by the authorized bodies. There are situations where the schedule is submitted but very slowly agreed upon, as a result, procurement activities cannot be carried out without the schedule posted and approved. If the customer himself approves the schedule, and the body only agrees, then it must be published in the EIS within 3 days.

At the request of the Decree of the Russian Federation and in the EIS, the schedule does not look the same. The schedule has columns that correspond to specific requirements. There is a position for the purchase and within it the positions of goods, works and services. The law states that there can be multi-lot purchases, but in reality, the customer can only make a one-lot purchase, but a multi-position one. The contract price is always equal to the lot price, since this is the only technically possible. The schedule is generated in Excel and then transferred to the EIS in terms of a structured schedule. It is considered full when signed electronic signature(EDS).

The EIS official website highlights in red the words it does not know. Pay attention to all the words that are highlighted in red. Otherwise, when published, their use will be regarded as malicious misrepresentation.

Amendments to the schedule posted in the EIS for each object of procurement are carried out no later than 10 (cal.) days before the date of placement in the EIS of a notice of the procurement or sending an invitation to participate in determining the supplier (...), except for cases specified in paragraphs 7 and 8 of the Specifics, and in the event that, in accordance with 44-FZ, it is not provided for the placement of a notice of the procurement or sending an invitation to participate in determining the supplier (...), no later than 10 days before the date of conclusion of the contract. The countdown period is considered from the day following the date of placement of the schedule.

The schedule is subject to change by the customer in the event of a change in the procurement plan, as well as in the following cases:

  • (any) increase or decrease in N (M) CC, the price of the contract concluded with the unit. supplier (...);
  • change before the start of the procurement of the term for the execution of the contract, the procedure for payment or the amount of the advance;
  • change in the start date of the purchase and / or method of determining the supplier (...), cancellation by the customer of the purchase provided for by the schedule;
  • implementation of the decision made by the customer following the results of the mandatory public discussion of procurement conducted in accordance with Article 20 of 44-FZ and not requiring changes to the procurement plan;
  • in other cases, in accordance with the procedure for the formation, approval and maintenance of schedules, established by Part 4.5 of Article 21 of 44-FZ.

When generating schedules, a procurement identification code (IKZ) is required. It is indicated everywhere: in the notice and other documents of the procurement process. Soon, actions will be tracked not by purchase number, but by IPC.

Practical implications of change

The customer has a sharp increase in the number of papers with which it is necessary to work. Previously, it was only necessary to make a procurement plan without justification, rationing, and so on. This year (transitional period), customers have only a procurement plan and a schedule. It is good practice to introduce justification for the procurement plan and schedule, but keep in mind that the only supplier requires justification now. If this does not happen from January 1, 2017, then penalties will follow.

  1. Decree of the Government of the Russian Federation of October 29, 2015 No. 1168 “On Approval of the Rules for Placement in the Unified Information System in the Field of Procurement of Procurement Plans for Goods, Works, Services for State and Municipal Needs, Schedules for the Procurement of Goods, Works, Services to Ensure State and municipal needs";
  2. 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”;
  3. Order of the Ministry of Economic Development of Russia dated June 29, 2015 No. 422 “On approval of the procedure for generating a procurement identification code”.

Any changes to the schedule must be made to the change in the schedule with the corresponding transfer of the procurement plan.

This is necessary in order to comply with the planned and economic activities of the customer. Also, each line of the schedule must be completed.

New classifiers

During 2015, changes were made to a number of by-laws aimed at application within the contract system of the All-Russian classifier products by type economic activity(OKPD2) OK 034-2014 and the All-Russian Classification of Economic Activities (OKVED2) OK 029-2014, namely:

  1. Decree of the Government of the Russian Federation of 09.12.2015 No. 1343 “On amendments to the list of goods, works, services, the purchase of which provides benefits to organizations of the disabled”;
  2. Decree of the Government of the Russian Federation of 01.31.2015 No. 84 “On Amendments to the Decree of the Government of the Russian Federation of July 14, 2014 No. 656”;
  3. Decree of the Government of the Russian Federation of November 21, 2015 No. 1250 “On Amending Certain Acts of the Government of the Russian Federation on the Contract System in the Procurement of Goods, Works, and Services”;
  4. Decree of the Government of the Russian Federation of December 17, 2015 No. 2590-r;
  5. Order of the Ministry economic development RF dated November 13, 2015 No. 847 “On Amendments to the Order of the Ministry of Economic Development of Russia dated March 25, 2014 No. 155 “On the conditions for the admission of goods originating from foreign countries for the purposes of procurement of goods, works, services to meet state and municipal needs” (Registered in the Ministry of Justice of Russia on December 16, 2015 No. 40133).

Now the schedule document for the official website should contain OKPD2 and OKVED2. When filling out the schedule, you can search for the OKPD number in context. Words are filled in the search bar and these classifiers can be found by them.

There are several documents that go against this: PP No. 791, No. 649. OKPD1 is used there. The schedule allows you to use only OKPD2. To formally meet the requirements, you can indicate OKPD1 in the notice.

Questions from participants

In what cases can the procurement plan be changed and how many times?

Answer: The procurement plan can be changed as many times as you like and for any reason. It is important to comply with the terms of its placement.

If the planned purchase date is March, and a notice was posted in April, the purchase is from a single supplier. The contract was not signed. What is the responsibility?

Answer: None. We need to look at whose rights have been violated. Here the purchase is scheduled, the notice is placed, but the purchase is cancelled.

According to 223-FZ, the placement date is April 1 in the procurement plan. To date, the documents are not yet ready. Need to make changes to your procurement plan?

Answer: Yes. The procurement plan could contain zeros and now it can be changed. This is a document that specifies the wishes of the customer.

Is training under 44-FZ mandatory for contract specialists? How many hours are needed?

Answer: If the training has already been more than 108 hours, then it is not required, but it is desirable. At the moment, the issue of certification is not clear. In order for the course of training to be practical, it is necessary to pass certification.

GUP since June 2016. What actions?

Answer: It is necessary to deal with the schedule in order to place it at the time of the transition to 44-FZ. You can also buy everything you need according to 223-FZ.

It was planned to conclude a heat supply contract. The contract was not concluded due to the change of ownership. Signed up in March. Changes have been made to the procurement plan. But the relationship is considered from January 1, 2015. Should it be written into the contract?

Answer: Civil Code claims that the relations of the parties are established before the conclusion of the contract. There is a conflict with planning here. The position of the FAS is not clear here. The service was provided, there was a reorganization, there was no one to conclude an agreement with. Given that this is a monopolist, the controller can skip this. It is necessary to confirm with documents that the terms were not delayed by the customer.

The budgetary institution works according to 44-FZ and 223-FZ. In the middle of the year, it switches to autonomous. Do I need to re-approve the procurement plan?

Answer: Yes, it is required. The civil legal form is changing. Changes need to be made on this part. The purchase is planned for 2016 according to 44-FZ. What to do? Trade. All norms of 44-FZ apply.

How should the State Unitary Enterprise plan: according to 223-FZ or 44-FZ? There are no subsidies, no capital funds, no investments.

Answer: GUP is purely 223-FZ. Starting next year, GUPs and MUPs go to 44-FZ. It is necessary to prepare for this transition: to the EDS plan, registration on sites. The schedule must be posted before December 31 already according to 44-FZ.

Is it necessary to approve a procurement plan or a procurement schedule of Part 2 of Article 16 of 44-FZ?

Answer: Yes.

GUP works according to 223-FZ. Accounting audit is carried out at its own expense….

Answer: The audit is carried out according to 44-FZ. The origin of the money is not important.

Federal state-financed organization science. How will regulation affect? What needs to be done in this area?

Answer: Just like everyone else. must watch regulations from the point of view of the Federal government, plus the documents that are listed in the presentation. Since the institution works according to 44-FZ, it falls under Article 19 "Rationing".

Is it a violation to cancel a purchase or postpone it less than 10 days before the end of the month in which it was made? That is, 10 days before the purchase planning date.

Answer: This question needs to be studied.

If, according to 223-FZ, purchases are made that require placement in the EIS, that is, up to 100,000 rubles, is it necessary to extend the purchase plan? What is the responsibility for non-posting?

Answer: If up to 100,000 rubles, then you can not publish. But it's better to publish zero plans purchases, so that there is no situation that there are no plans, but there are reports.

With the transition of MUP to 44-FZ from January 1, 2017, will the contracts concluded in December 2016 under 223-FZ be relevant?

Answer: They will be relevant from the point of view of legal relations until the entry into force of the new rules. But maybe they will have to be renegotiated under 44-FZ.

The procurement plan must be published before July 1 for which year?

Answer: For the next financial and economic year. Either one year or three.