Part 3, article 93 44 fz clarification. Purchase of electricity: step by step instructions. Approval of purchases from a single supplier after a failed open tender

The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative benefits are provided.

Small business entities- this is commercial organizations(legal organizations and individual entrepreneurs) operating for the purpose of making a profit. Wherein, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and number of employees.

Which organizations belong to the SMP

For business entities and partnerships, at least one of the requirements of paragraph 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators for revenue and the average number of employees are considered.

Federal Law "On the development of small and medium-sized businesses in Russian Federation"No. 209-FZ dated July 24, 2007 regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing more organizations to correspond to the status of a small or medium-sized business.

Gradation of enterprises and limits set in each of the groups:

Micro enterprise: the amount of annual revenue without VAT should not exceed 120 million rubles, and the number of employees should not exceed 15 people.

Small business: the amount of annual revenue - no more than 800 million rubles, the number of employees - no more than 100 people.

Medium enterprise: revenue without VAT for the year - up to 2 billion rubles, and average headcount employees does not exceed 250 people.

The same rules for categorization apply to individual entrepreneurs. If individual entrepreneurs do not have employees, then only the amount of revenue received for the year will serve as a criterion. When using the patent taxation system, IP is referred to as a micro-enterprise.

All SMEs are entered in the Register of Small Business Entities, maintained by the Federal Tax Service, on the basis of:

information from the Unified State Register of Legal Entities, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activity and application of special tax regimes, in the reporting established by the legislation of the Russian Federation;

information provided by persons specified in paragraph 2 of Art. 6 FZ No. 408-FZ;

information that provides legal and individuals entered in the SMP register.

More detailed information can be obtained on the website of the Federal Tax Service, including see.

Regarding public and commercial procurement, small businesses also have a number of advantages over other participants.

Purchase from small businesses 44-FZ

Public procurement under 44-FZ from small and medium-sized businesses is regulated by Art. 30 44-FZ.

For customers operating under the Law on contract system, a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in the amount of at least 15% of their annual purchases. Such auctions can be carried out in the following forms:

open competition;

competition with limited participation;

two-stage competition;

electronic auction;

request for quotations;

request for proposals.

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

Also, a positive point in the procurement conducted only among small businesses is that the size of the application security for participation is set at no more than 2% of the NMCC. For comparison, in other procurements, the customer has the right to establish an application security in the amount of up to 5% of the contract price.

Involvement in the execution of the contract SMP or SONKO

During the procurement, the customer has the right to establish in the notice a requirement for a contractor who is not an SMP or SONCO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of the work (of the contract value) was carried out with the involvement of a subcontractor from the SMP, and this part is credited to the customer in the volume of purchases for the reporting period made from small businesses and SONCO.

The contract of such a tender must include a clause on the civil liability of the contractor for failure to fulfill the conditions for engaging a contractor from among the SMP, SONKO.

The government of the Russian Federation can establish standard conditions contracts providing for the involvement of SMEs (small and medium-sized businesses) in the execution.

On October 18, 2017, changes were made to the legislation that affected the following points:

the contractor must settle with subcontractors and co-executors involved from among the SMP and SONCO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendar days.
the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of SMP or SONKO.

Calculation of the volume of purchases 44 FZ

OOO IWC"RusTender"

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Hello dear colleague! AT recent times my support team receives a lot of questions on the topic of placing orders with small businesses (SMEs). Therefore, today I decided to write a short review article, and concisely, but to the point, answer all frequently asked questions. Since the majority of procurement participants (suppliers) belong to the category of small businesses, this article will be useful and relevant for most visitors to my site. Therefore, I propose to immediately go to the essence of our today's topic.

1. Definition of small and medium-sized businesses

Subjects of small and medium business - economic entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", to small enterprises, including micro-enterprises, and medium-sized enterprises.

2. Conditions to be met by small and medium-sized businesses

For legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of the specified legal entities should not exceed 25% (with the exception of the total share of participation that is part of the assets of joint-stock investment funds, the composition of the property of closed-end mutual funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium businesses,should not exceed 49% each.

The average number of employees for the previous calendar year must not exceed the following limits average population employees for each category of small and medium-sized businesses:

a) from 101 to 250 people inclusive for medium enterprises;

b) up to 100 people inclusive for small businesses;

in) up to 15 people - microenterprises.

Note: If purchases are made for small businesses (SMEs), then the number of employees should not exceed 100 people inclusive.

Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Note: In accordance with the Decree of the Government of the Russian Federation of July 13, 2015 No. 702for small businesses, this figure is 800 million rubles. For micro-enterprises - 120 million rubles, for medium-sized enterprises - 2 billion rubles.

3. The volume of purchases from the SMP according to 44-FZ

In accordance with Part 1 of Art. 30 44-FZ, state customers are required to place orders with small businesses (SMPs), socially oriented non-profit organizations (SONO) in the amount not less than 15% the total annual volume of purchases, calculated taking into account Part 1.1 of Art. 30 44-FZ.

According to part 1.1. Art. 30 44-FZ, when determining the volume of purchases, from small businesses, socially oriented non-profit organizations, the calculation of the total annual volume of purchases does not include purchases:

to ensure the defense of the country and the security of the state;
lending services;
at sole supplier(contractor, performer) in accordance with Part 1 of Art. 93 44-FZ;
works in the field of the use of atomic energy;
in the implementation of which closed methods for determining suppliers (contractors, performers) are used.

4. Procurement methods from SMP

As follows from paragraph 1 of part 1 of Art. 30 44-FZ, purchases from small businesses and socially oriented non-profit organizations can be carried out in the following ways: , competitions with limited participation, two-stage competitions,, , requests for proposals.

5. List of purchases from SMP according to 44-FZ

Many suppliers are interested in the following question: Is there a list of goods, works, services under 44-FZ, the purchase of which must be carried out from small businesses? I will answer that there is no such list, therefore, any goods, works, services can be purchased with the provision of preferences for the NSR and SONO.

6. Features of the participation of small businesses in public procurement

The category of a small or medium-sized business entity is determined in accordance with the highest value condition (number of employees or revenue (value of assets)).

The category of a small or medium-sized business entity changes only if the limit values for the number of employees or the amount of revenue (value of assets) are higher or lower than the specified limit values,during the years following one after the other.

Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value of assets (residual value of fixed assets and intangible assets) for the period that has passed from the date of their state registration, do not exceed the established limit values.

Paragraph 1 of Part 1 of Art. 30 44-FZ establishes the maximum size of the initial (maximum) price of the contract when placing an order for the supply of goods, performance of work, for state or municipal needs at the NSR - 20 million rubles .

When determining suppliers (contractors, performers), notices of procurement establish a restriction on procurement participants, which can only be small businesses. In this case, procurement participants are required to declare their affiliation with small businesses in applications for participation in procurement.

The joint letter of the Ministry of Economic Development and Trade No. 7158-EE/D28i and FAS No. АЦ/13590/14 dated April 4, 2014 “On the position of the Ministry of Economic Development and the Federal Antimonopoly Service on the application of the norms of 44-FZ to relations related to the procurement from SMEs and socially oriented non-profit organizations” says following:

Article 30 of the Law on the Contract System establishes that a declaration is a document confirming the right of a participant in an open tender, electronic auction, request for quotations, request for proposals to receive benefits in accordance with Article 30 of the Law on the Contract System. The need to submit other documents confirming the status of such a participant as a small business entity is not provided for by the Law on the contract system.

Those. Based on the above, it is enough just to declare your attitude to the NSR in the application and that's it. This will be enough.

Samples of declarations of compliance of the participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" You can download on the website in section paragraph 5.

According to part 15 of Art. 44 44-FZ the size of the security of the application for participation in the auction when placing an order with the SMPcannot exceed 2% the initial (maximum) price of the contract.

7. Administrative responsibility of the customer for non-compliance with the norms of the legislation on placing an order with SMP

Article 7.30 Code of the Russian Federation on administrative offenses liability is provided for non-compliance with the norms of the legislation on placing an order with SMP:

Part 11 Procurement of goods, works, services to ensure public and municipal needs for small businesses, socially oriented non-profit organizations in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement - entails the imposition administrative fine on officialsin the amount of 50,000 rubles .

Here, in fact, are all the main points that a supplier needs to know in order to participate in auctions placed for small businesses.

That's all for today. See you in the next editions!

P.S.: If the material of the article was useful to you, then be sure to put “likes” and share this article with your friends and colleagues on social networks.

First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?" The law on the contract system establishes the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations (SONO). Let's take a closer look.

The first are duly registered legal entities (partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.

SONKO or SONO (social-oriented non-profit organizations) are persons created in certain forms (for example, public organizations, funds) in order to solve social problems, development of civil society and others provided for by Law No. 7-FZ.

Privileges and how to exercise them

The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. There are two ways to implement this privilege:

(, competitions with limited participation, two-stage competitions, electronic auctions, and sentences), which can only be SMP and SONO;
the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.

SSHS - what is it?

The total annual volume of purchases (GPO) is the total amount of funds allocated for the purchase of goods, works and services. The SSS is determined for the financial year. These funds are intended to pay for contracts in this financial period. To the question of whether it is necessary to include the cost of long-term contracts that were drawn up last year and are being executed in the current one, we answer: in this case, only the amount that is payable in the current period should be included in the SSS.

So, what is the cumulative annual volume of purchases for:

to decide on the establishment contract service;
to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP according to 44 Federal Laws, the percentage is 15%, as well as from SONO);
to calculate the volume of goods and services purchased from;
in order to determine the quantity of goods and services that can be purchased through a request for quotations.

Purchases from SMP under 223 FZ

Like the Law on the contract system, 223 FZ provides for bidding with the participation of small businesses. Features of such procurement procedures are established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:

a tender, the participants of which can be any persons, including the subjects we are considering;
a tender in which only small businesses participate;
a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.

It should be noted that the annual volume of purchases from them is set at 18%.

Criteria for small and medium businesses:

44-FZ

The law uses the term "small businesses" or SMEs. Dedicated to the conditions of participation.

Quotas for NSR

Customers must purchase from SMP at least 15% of goods and services of the total annual volume of purchases. Every year, by April 1, they publish in the EIS a report on purchases from the NSR for last year. You can only include purchases that indicated a small business benefit and those purchases went through. If the quota is not met, the institution will receive a fine of 50,000 rubles.

What purchases does SMP participate in?

SMP can take part in any purchase if the company meets the requirements of the customer and can fulfill the terms of the contract. But the purchases that the customer must make specifically among the NSR are more interesting. This means that among the competitors there will be no representatives of the middle and big business. Even if such participants submit applications, the customer will reject them.

The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. Use the declaration form provided by the customer or our template.

A customer can purchase from a small business in six ways:

open competition,
Limited Entry Competition,
two stage competition
Request for proposals.

What benefits apply?

The amount of the application security cannot exceed 2% of the NMC contract.
The customer must pay for the work or goods no later than 15 working days from the date of signing the acceptance certificate (part 8 of article 30 of 44-FZ). This item is included in the contract with SMP.
The customer has the right not to require contract security during tenders, electronic auctions and requests for proposals, if the winner is a representative of the SMP (Government of the Russian Federation No. 182 of 03/11/2016). True, in practice, customers almost never use this opportunity.

What will make life easier?

Draft Law No. 623906-6 “On Amendments to the Federal Law “On the Contract System…” is being discussed. He will prohibit the involvement in the execution of the contract of a subcontractor who is affiliated with the customer. This will help to avoid situations when the company involves its own "daughters" in the execution of the contract. If the customer violates the prohibition, the purchase cannot be included in the Small Business Purchase Report.

From 2017, it will be possible to send applications for any procedures to the EIS electronically. For suppliers, this will reduce costs and leave no chance for the customer to juggle the results of "paper" procedures.

223-FZ

The law uses the term "subjects of small and medium-sized businesses" (SM&ME or SME). The law does not specify the conditions for the participation of SMEs in procurement, but there is a government decree No. 1352 that regulates such procurement. Customers are controlled by JSC Federal Corporation for the Development of Small and Medium Businesses.

Quotas for customers

If the company's revenue is more than 2 billion rubles, then from 2016 such customers must purchase goods and services from SMEs for 18% of the total volume of purchases, which is considered under the concluded contracts. At the same time, 10% of contracts must be concluded strictly among SMEs. The calculation is based on the amount of concluded contracts: if the announced purchase among SMEs did not take place, it will not be included in the report.

The customer lists in its OKPD2 regulation all goods and services that will be purchased from SMEs:

If the NMC of the contract is not more than 50 million rubles, the customer is obliged to purchase from this list strictly from SMEs,
If the NMC of the contract is from 50 to 200 million rubles, the customer decides for himself whether to purchase goods from SMEs or from large businesses.

If the customer does not purchase enough from small and medium-sized businesses, does not post information about this or posts false information, then from February 1 until the end of next year he will have to make purchases under the more stringent 44-FZ.

What purchases can SMEs participate in?

Procurement methods are determined by the customer in his position. The representative of the SME may take part in the tenders or other procurement methods that the customer conducts:

"On a general basis": any supplier can participate;
Especially for SMEs: purchases from the list of goods in the position of the customer;
With the condition to attract SMEs for subcontracting: procurement participants describe in their applications a plan for attracting subcontractors from among SMEs.

Representatives of SMEs are required to declare in applications for participation in procurement their affiliation with small and medium-sized businesses. The declaration form is in Resolution No. 1352.

Privileges

1. 223-FZ does not oblige customers to require suppliers to secure an application and a contract. But if there is such a requirement in the procurement, then preferential conditions apply for SMEs:

The amount of the application security cannot exceed 2% of the NMC of the contract;
The amount of the contract security cannot exceed 5% of the NMC or is equal to the amount of the advance.

2. Maximum term payment under an agreement with SMEs - no more than 30 calendar days from the date of signing the acceptance certificate.

3. The customer has the right to approve its own partnership program for SMEs and provide benefits for its participants.

What will make life easier?

The State Duma is considering bill No. 821534-6, which:

Establish an exhaustive list competitive ways procurement and basic requirements for the procurement procedure by these methods. Now there are about 14 thousand unique names of procurement methods on the EIS.
Streamline the number of electronic sites according to 223-FZ. This will make the process of registering suppliers on the platforms and preparing for trading procedures easier.

First of all, let's answer the question: "Purchases from the SMP and SONO - what is it?". The law on the contract system establishes the obligation of the customer to carry out orders from small businesses (SMEs) and socially oriented non-profit organizations (SONO). Let's take a closer look.

The first are legal entities registered in the prescribed manner ( business companies, partnerships, peasant farms) and individual entrepreneurs. Law No. 209, according to which a person can be attributed to this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.

SONKO or SONO (socially oriented non-profit organizations) are persons created in certain forms (for example, public organizations, foundations) with the aim of solving social problems, developing civil society, and others provided for by Law No. 7-FZ.

Privileges and how to exercise them

The annual volume of purchases from the SMP according to 44 Federal Laws (Article 30) must be at least 15%, as well as from SONO. There are two ways to implement this privilege:

(, competitions with limited participation, two-stage competitions, electronic auctions, and proposals), which can only be SMP and SONO;
the requirement to involve small businesses and socially oriented non-profit organizations as subcontractors.

The customer fixes the volume of involvement of subcontractors from among the SMP and SONO in the form of a fixed percentage (but not less than 5%). At the same time, the executor of the state contract must pay off such subcontractors no later than 15 working days instead of 30 calendar days. Such innovations were introduced into the contract system by Government Decree No. 1226 of October 7, 2017, which amended Government Decree No. 1466 of December 23, 2016.

At the same time, if we talk about the first method, then it should be borne in mind that there should be no more than 20 million rubles.

SHS - what is it?

So, what is the cumulative annual volume of purchases for:

to make a decision on the creation of a contract service;
to calculate the volume of auctions that need to be held for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP according to 44 Federal Laws, the percentage is 15%, as well as from SONO);
to calculate the volume of goods and services purchased from;
in order to determine the quantity of goods and services that can be purchased through a request for quotations.

Purchases from SMP under 223-FZ

Like the Law on the contract system, 223-FZ provides for bidding with the participation of small businesses. Features of such procurement procedures are established by the Government of the Russian Federation. So, according to Decree of the Government of the Russian Federation of December 11, 2014 No. 1352, auctions for small businesses are held in three ways:

a tender, the participants of which can be any persons, including the subjects we are considering;
procurement, in which only small businesses participate;
a tender in which the customer put forward a requirement to attract small businesses as a subcontractor.

It should be noted that the annual volume of purchases from them is set at 18%.

General provisions for procurement from SMP

Part 8 of Article 4 of Law 223-FZ establishes the right of the Government of the Russian Federation to establish the specifics of the participation of small and medium-sized businesses (hereinafter referred to as SMEs) in the procurement carried out by individual customers, the annual volume of purchases that these customers are required to make from such entities, the procedure for calculating the specified volume, as well as the form of the annual report on the purchase from SMP and the requirements for the content of this report.

This right is exercised by Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 “On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services of certain types of legal entities” (hereinafter - RF PP 1352). RF PP 1352 applies only to those customers whose revenue for the previous year exceeds 1 billion rubles. Other customers are required to comply with the provisions of the Decree:

from July 1, 2015- the largest customers, whose revenue for the last year amounted to more than 10 billion rubles;
from January 1, 2016- those whose revenue for the past year amounted to from 1 billion rubles to 10 billion rubles. Even now, such customers need to actively prepare in order to fulfill the procurement norms from the NSR;
those customers whose revenue amounted to less than 1 billion rubles, are not required to purchase anything from SMP, but only send a monthly report on purchases from SMP. If there are no such purchases, an empty report must still be provided.

Volume of purchases from SMP

The annual volume of purchases from SMP is set at 18% from the total annual value of customer contracts, minus certain exceptions (clause 7 of RF PP 1352).

How to calculate the volume of purchases from SMP

It is necessary to subtract from all the contracts concluded in accordance with 223-FZ for the year the contracts that are listed in paragraph 7 of the RF PP 1352 (see below). 18% from the received number is the SMP procurement standard.

From the same total volume of contracts at least 10% contracts should be concluded based on the results of procurement only among SMEs.

At the same time, contracts concluded as a result of procurement only among SMEs (10%) are included in 18% of contracts that must be concluded with SMP.

For customers falling under the RF PP 1352 from July 1, this standard in the current year is 9% agreements with SMP in general and 5% contracts concluded as a result of procurement only among SMEs. This standard is calculated for purchases that will be carried out from July 1 to December 31, 2015, on the basis of contracts concluded by the customer for the same period.

The biggest problem for customers will arise in connection with the implementation of the 10% procurement standard only among SMEs, since the calculation is not based on the number of announced procedures, but on the amount of contracts concluded. If the announced purchase among SMEs did not take place, it is not included in this report.

What contracts are not taken into account when calculating the standard

RF PP 1352 establishes a list of contracts that are not taken into account when calculating the total annual value of contracts concluded by the customer as a result of the procurement. You should carefully study this list, as this can significantly reduce the annual volume of contracts, and therefore the volume of mandatory purchases from the SMP.

So, the calculation does not take into account:

purchases to ensure the defense of the country and the security of the state;
procurement in the field of atomic energy use;
purchases from monopolists that fall within the scope of activities of subjects of natural monopolies in accordance with the Federal Law "On Natural Monopolies";
purchases that are made outside the territory of the Russian Federation and the subject of which is the supply of goods, performance (rendering) of works (services) outside the territory of the Russian Federation;
purchases financial services, including banking services, insurance services, market services valuable papers, services under a leasing agreement, as well as services provided financial institution and related to the attraction and (or) placement of funds of legal entities and individuals;
procurement, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;
purchases in respect of which a decision was made by the Government of the Russian Federation in accordance with part 16 of article 4 federal law(individual purchases or lists);
procurement of services for water supply, water disposal, heat supply and gas supply (with the exception of services for the sale of liquefied gas), as well as for connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation;
procurement of works (services), the performance (rendering) of which can be carried out only by the body executive power in accordance with his powers or under his jurisdiction government agency and state unitary enterprise whose respective powers are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, as well as legislative acts the corresponding subject of the Russian Federation;
procurement of services for the implementation of author's control over the development of design documentation for a capital construction facility, the conduct of author's supervision of construction, reconstruction and overhaul of a capital construction object by the authors, as well as on carrying out technical and architectural supervision over the performance of work to preserve the cultural heritage object (monuments of history and culture) of the peoples of the Russian Federation by the authors of the projects;
purchases, the subject of which is the lease and (or) acquisition of ownership of real estate;
purchases of energy carriers;
procurement of services for the production, storage, shipment (transshipment) and processing of energy carriers;
purchases of rolling stock and materials for the upper structure of the railway track;
procurement of the results of intellectual activity from a supplier (performer, contractor) who has the exclusive right to the result of intellectual activity or to a means of individualization, certified by a title document;
procurement of services in the field air transportation and aviation works;
purchase of large-diameter pipes used in the construction of main oil pipelines and oil product pipelines;
purchases of goods that are a source of radioactive and chemical hazards and are used for the exploration, production, transportation and processing of crude oil and natural gas;
purchases of goods originating from a foreign state and (or) works (services) performed (rendered) by foreign persons for scheduled repairs, Maintenance and (or) modernization of imported equipment within the framework of warranty or license obligations;
purchases of goods originating from a foreign state and (or) works (services) performed (rendered) by foreign persons for the purpose of selling offshore projects(provided that it is impossible to purchase such goods, works, services from small and medium-sized businesses).

SMP Procurement Options

Procurement from SMP can be carried out in any way and in any form. In order to fulfill the standard, RF PP 1352 provides for 3 mechanisms.

Firstly, 18% can include contracts concluded with SMEs, which won the procurement conducted among all suppliers (for example, a regular purchase was announced, but SMEs won it);

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

Thirdly, on account of the fulfillment of the standard, there are contracts concluded by the participants (executors, contractors) with co-executors from among the SMP. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that, in order to fulfill the contract, he must attract subcontractors from among the SMP. Such contracts also fall into the total number of contracts concluded with SMEs ( 18% ).

Since it is easier for many large companies to pay a fine than to fulfill the purchase requirement from the SMP, a rather strict measure has been introduced in 223-FZ: if the customer fails to comply with the SMP procurement standard (either posts false information about the annual volume of purchases from the SMP or does not post information at all), then his procurement provision will be recognized as unplaced and from February 1 to the end of the year, he will have to carry out purchases in accordance with 44-FZ(since 01/01/2016: part 8.1, article 3 of Law 223-FZ).

Who is SMP

In accordance with Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", SMEs include those entered in the Unified State Register of Legal Entities consumer cooperatives and commercial organizations (with the exception of SUEs and MUPs), as well as individuals included in the USRIP and carrying out entrepreneurial activities without forming a legal entity, peasant (farm) enterprises corresponding to the following conditions:

for legal entities- the total share of the participation of the Russian Federation, the constituent entities of the Russian Federation, the Moscow Region, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entities should not exceed 25% , and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not SMEs, should not exceed 49% percent each.
(For exceptions, see Article 4 of Law 209-FZ).

for all:

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

from 101 to 250 people inclusive for medium enterprises;
up to 100 people inclusive for small businesses; among small enterprises, micro-enterprises stand out - up to 15 people.

Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses :

Decree of the Government of the Russian Federation N 101 of 09.02.13 "On the marginal values of revenue from the sale of goods (works, services) for each category of small and medium-sized businesses" (PP RF 101)

Establish limit values for proceeds from the sale of goods (works, services) for the previous calendar year, excluding value added tax, for the following categories of small and medium-sized businesses:

microenterprises - 60 million rubles;

small enterprises - 400 million rubles;

medium-sized enterprises - 1000 million rubles.

Changes are expected. In order to mitigate the negative impact of the crisis on the economy, it is proposed to increase the marginal values of the proceeds of small and medium-sized businesses from the sale of goods (works, services) to the following amounts:

micro-enterprises - 120 million rubles;

small enterprises - 800 million rubles;

medium-sized enterprises - 2 billion rubles.

The draft resolution provides that its effect extends to legal relations that arose from January 1, 2015 1 .

1 These changes were made by Decree of the Government of the Russian Federation dated July 13, 2015 No. 702 “On the marginal values of revenue from the sale of goods (works, services) for each category of small and medium-sized businesses.

EMS Status Confirmation

There is no unified register of SMPs. There are regional registers, but they contain information only about those entities that receive any kind of support from the state. However, there is an instruction from the President of the Russian Federation to create a single register by October 1, 2015.

The Decree involves the declaration by procurement participants of their attribution to the NSR. In fact, the customer must simply “trust” the procurement participant who declared himself an SMP. The form of the declaration of belonging to the NSR is included in the procurement regulations.

The declaration form should be approved by customers in the procurement regulations. As confirmation of classifying a participant as an SMP, customers are not entitled to demand anything other than such a declaration.

When purchases are made only among the SMP, their participants are required to include in the application a declaration of their belonging to the SMP. If the purchase is carried out for any suppliers, the customer has the right to establish a requirement to include a declaration in the application in order to include information about such purchases in the report if this participant becomes its winner.

Partnership Program

Decree 1352 provides for the right of the customer to approve the partnership program. This is not an obligation, but the right of the customer, but already now many large companies approved such programs (for example, Rosseti, Russian Railways). The Partnership Program is a document that describes a set of measures to support procurement participants from SMEs. Based on the partnership program, the customer's own register of SMPs is formed. The number of program participants is not limited. However, the customer is not entitled to conduct purchases only among the participants of such a register.

PP 1352 contains 2 requirements for program participants. In accordance with them, SMPs can become participants:

performed two or more contracts with this customer without fines and penalties;
passed the supplier compliance process.

Requirements for participants and the procedure for determining compliance with them are established in the partnership program itself.

Why is it for suppliers

For the customer, such a program makes it possible to attract a larger number of participants from among the SMEs to purchases and thereby fulfill the standard. The customer himself decides what to include in the partnership program, what support measures to provide.

RF PP 1352 gives a hint only in terms of advance payment. In particular, it is said that the customer can provide an advance payment of 30% for participants in the partnership program participating in purchases only among SMEs. For example, you can announce a purchase for all participants (or only for SMEs), and in the documentation, when determining the payment procedure, indicate that if the participant of the partnership program becomes the winner of the purchase, the customer will pay him an advance in the amount of 30% (or more).

It is not necessary to publish the program and requirements for suppliers in the EIS. They are published on the customer's website. You can also use the letter of the Ministry of Economic Development of Russia No. 23941_EE dated November 1, 2013 / D23i “On methodological recommendations for the implementation of partnership programs between customers and small and medium-sized businesses”, prepared as part of the roadmap for the development of the NSR. It contains recommended requirements for participants in partnership programs:

the presence of registration in the prescribed manner of a legal entity or individual entrepreneur, failure to liquidate the NSR and the absence of a decision arbitration court on recognition of SMP as bankrupt and on the opening of bankruptcy proceedings;
non-suspension of the activities of the NSR in the manner prescribed by the Code of Administrative Offenses, as of the date of conclusion of the accession agreement;
SMEs have no debts for mandatory payments, the amount of which exceeds 25%;
the absence of the head, members of the collegiate executive body or the chief accountant of the SME with a criminal record for crimes in the field of the economy, as well as the non-application of punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities that are related to the activities of this SME, and administrative punishment in the form of disqualification in relation to the specified FL;
lack of information about the NSR in the RNP;
SMP has experience in executing contracts under 223-FZ or 44-FZ, or experience in the production and supply of goods, performance of work, provision of services included in the register of innovative goods, works and services, or SMP has the status of a participant in the Skolkovo project.

Also, the customer has the right to establish other reasonable requirements for program participants. It is possible, for example, to establish a requirement for the absence of obligations not fulfilled on time and properly and overdue debts to the customer. But in this case, it will be necessary to have documentary evidence of non-performance or improper performance obligations.

All requirements must be objective and justified and must not lead to an unreasonable limitation on the number of participants in the partnership program.

Structure of the partnership program

The document itself is in free form.

It is advisable to reflect in the structure of the partnership program:

Goals and objectives of the program

Requirements for SMP to participate in the program

Rights and obligations of the parties

The procedure for joining and terminating participation: it makes sense to establish some initial period of participation (for example, 1 year or 3 years), grounds for terminating participation in the program and exclusion of the participant from the register SMP false information)

The procedure for considering disagreements

Accession application form

Experience certificate form

Draft accession agreement

SMP Register

The register of SMEs - program participants is maintained by the customer on his website (clause 15 of PP 1352). The procedure for including a supplier in the SMP register is also determined by the customer. The number of participants in the partnership program should not be limited.

The customer can approve standard form accession agreement, application form and a list of documents confirming the supplier's compliance with the requirements.

How to encourage suppliers to join the partnership program

To enter, the supplier must confirm compliance qualification requirements(it is necessary to determine the requirements) and provide evidence of the conscientious performance of at least two contracts with the customer.

Participation in the program should be voluntary and free of charge.

The partnership program should provide for real measures to support participants in the SME registry, otherwise suppliers will not be motivated to join the program. The use of financial instruments SMP support (lack of application security, simplified procedure for obtaining it, etc.).

In general, there is not much excitement among suppliers about participation in partnership programs; they most often do not see the point in this, since customers fail to provide for really serious preferences.

Exclusion from the register of SMP

It is advisable for the customer to determine the procedure and cases for exclusion of a supplier from the SMP register:

Firstly, establish the validity period of the status of a partner program participant (for example, 1 year) and indicate that if the participant does not pass the annual check for compliance with the requirements, then he is automatically excluded from the SMP register.

Secondly, to provide for the obligation of the customer to exclude the supplier from the SMP register if false information is found in the application for inclusion in the SMP register or if the supplier ceases to belong to the SMP in accordance with the legislation of the Russian Federation.

Purchases only among SMEs

These are the purchases that lead to the fulfillment of the 10% standard - purchases only among SMEs.

List of goods, works, services for purchase from SMP

The customer is obliged to approve the list of goods, works and services, the purchase of which he will carry out only from the NSR. The list is formed by the customer independently and published by him in the EIS and on the customer's website. Compiled according to OKDP codes, as well as in planning.

If the code is included in the list, then when purchasing products corresponding to it:

if NMC contract< 50 млн руб., заказчик обязан провести закупку у СМП
For example if the list includes code 3699110 "Stationery" and you need to make a purchase in the amount of more than 50 million rubles, then the customer must carry it out only among the SMP
if 50 million rubles.< НМЦ договора < 200 млн руб., заказчик вправе провести закупку у СМП, но может провести на общих основаниях. Если закупка товаров из перечня у СМП не состоялась, договор не заключен, то заказчик вправе провести закупку в соответствии со своим положением о закупке (например, у единственного поставщика).

You can make exceptions from the list. If the customer has included in the list an OKDP code that combines several items, but is not ready to purchase all of them from SMP, then he can make a footnote in the list indicating specific items that are excluded from the list.

RF PP 1352 does not prohibit making changes to such a list. The procedure for changing the list is best prescribed in the procurement regulation. In general, it is recommended that all customers covered by the Decree revise their procurement regulations, highlight the features of procurement from SMP: at least approve the form of a declaration of belonging to SMP and reflect the nuances of procurement from SMP.

Application security

Clause 23 of the RF PP 1352 states that the security applications carried out supplier's choice:

or in cash
or using bank guarantee
or otherwise

In this situation, it is the supplier who chooses the method of provision. The site has already implemented a mechanism that allows the supplier to choose the method of provision on their own.

Under otherwise refers to situations where the supplier prefers to secure the bid, for example, by providing an independent guarantee, a surety agreement, etc.

When purchasing according to the list of purchases from SMP, the amount of security should not exceed 2% of the NMC.

For participants in the partnership program, the obligation to submit application security can be excluded.

Application security (cash) is returned:

Within 7 working days from the date of signing the final protocol to all participants, except for the winner;
Within 7 working days from the date of conclusion of the contract (if the contract is not concluded, from the day the decision was made that the contract was not concluded) - to the participant whose application was assigned the first number.

There is a complication here: RF PP 1352 requires the funds to be unblocked immediately, and the provisions of most customers stipulate that the funds must also be blocked until the day the contract is signed from the participant who took second place in case the winner evades concluding the contract. You should follow the procedure established by the Decree.

Enforcement of the contract

Here the situation is the same as with the provision of the application. The supplier himself chooses the method of securing the contract (clause 26 of the RF PP 1352):

or in cash
or using bank guarantee
or otherwise provided by the procurement documentation

The amount of security is set at the amount of the advance payment or no more than 5% of the NMC, if no advance payment is provided. Participants of the partnership program can also be exempted from the obligation to deposit contract security.

Term of the conclusion of the contract

Based on the results of such purchases, the term for concluding the contract should not exceed 20 working days from the date the customer decides to conclude the contract.

There are exceptions when, in accordance with the legislation of the Russian Federation, to conclude a contract, its approval by the customer's management body is necessary, as well as cases when the actions (inaction) of the customer during the procurement are appealed to the Federal Antimonopoly Service or in court.

In such cases, the contract must be concluded within 20 working days from the date of entry into force of the decision of the antimonopoly authority or the judicial act providing for the conclusion of the contract.

There is no minimum term for concluding a contract.

Payment under the contract

The maximum payment term under the contract (a separate stage of the contract), concluded as a result of the procurement only among SMEs, should be no more than 30 calendar days from the date of fulfillment of obligations under the contract / a separate stage of the contract. The stages of the contract are defined in the contract itself: they must be clearly marked.

Involvement of SMEs as co-executors (subcontractors)

Another tool for fulfilling the standard for procurement from SMEs (18%) is the involvement of co-executors by contractors. Customers have the right to establish in the notice of procurement, procurement documentation and the draft contract a requirement for procurement participants to involve subcontractors (co-executors) from among the SMPs in the execution of the contract.

Participants of such a procurement submit as part of the application for participation:

a plan for attracting subcontractors (co-executors) from among the SMP, in which specific co-executors (names) are indicated;
declaration of belonging to the SMP for each subcontractor (co-executor).

The draft contract with such a procurement participant must include required condition on the responsibility of the participant for non-fulfillment of the condition on the involvement of subcontractors (co-executors) from among the SMP. By agreement with the customer, the procurement participant may replace the subcontractor while maintaining the cost of the contract between the customer and the supplier.

Reporting

Monthly reporting

In accordance with Part 19, Article 4 of the Law on Procurement, all customers, in accordance with 223-FZ, no later than the 10th day of the month following the reporting month, place in a single information system information on the number and total cost of contracts concluded by the customer as a result of procurement from subjects of small and medium business. Those customers who are not subject to the Decree also publish such a report (including an empty one if there were no such purchases).

Annual reporting

Along with monthly reporting, customers falling under RF PP 1352, no later than February 1 of the year following the past calendar year, publish in the EIS information on the annual volume of purchases that customers are required to make from small and medium-sized businesses.

pp. b p. 34 RF PP 1352:... an annual report on the purchase of goods, works, services from small and medium-sized businesses in accordance with the requirements for the content of the annual report ... and place the said report in accordance with Part 21 of Article 4 223-FZ in the EIS. A form of annual reporting has also been established. According to the annual report, it will be clear whether the SMP procurement standard has been met or not.

Compliance with the standard

The fulfillment of the standard is facilitated, first of all, by an increase in the share e-procurement, especially since new changes are coming to 223-FZ, in accordance with which the Government will have the right to establish a minimum volume of purchases that certain types legal entities will have to conduct in electronic form.

On the electronic platforms competition is greater and the opportunity for SMEs to participate in such purchases is much higher if the ETP does not impose excessive requirements (a separate electronic signature, paid accreditation and participation in procurement, etc.). The site site is most convenient for organizing, including such purchases.

It is necessary to form a list of goods, works, services for purchase from the NSR and approve the partnership program.

It makes sense to conduct information and training activities for the NSR.

Use the financial service for issuing bank guarantees to procurement participants - OTC-finance. Often, procurement participants, primarily SMEs, do not have sufficient free funds to secure applications for participation in procurement and ensure the execution of the contract. OTC-finance allows participants to receive a bank guarantee to secure an application for participation in procurement and to ensure the execution of a contract under 223-FZ and 44-FZ.

For the customer, the service is convenient because the customer in personal account can see whether a bank guarantee has been issued or not. Since there is no register of bank guarantees under 223-FZ, procurement participants often encounter fraudsters and receive a fake bank guarantee. The service eliminates the possibility of fraud, all documents are certified by an electronic signature.

Answers on questions

If the regulation approves a list of goods for purchase only from the SMP, then we will no longer be able to purchase these goods from other suppliers?

Answer: If the cost of such a purchase does not exceed 50 million rubles, then at first it is carried out only among SMEs. If it does not take place, then it is held in accordance with the regulations. What to do if there is a need to purchase goods included and not included in the list within the framework of one purchase?

Answer: In this situation, one should either establish a requirement for the participation of only SMEs, or make two separate purchases: one only for SMEs, the second - for any participants. MUPs in 2015 start purchasing from SMP or in 2016?

Answer: Depending on the revenue. If the revenue for the previous year is more than 1 billion rubles, then from 2016, if more than 10 billion rubles, then from July 1, 2015. If less than 1 billion rubles, then there is no such obligation at all. Is it possible to divide purchases into purchases among small businesses and purchases among medium-sized businesses?

Answer: RF PP 1352 contains the concept of “small and medium-sized businesses”, therefore, procurement only among small businesses or only among medium-sized businesses will be regarded as a violation of the Decree. How to reflect purchases from SMP in the purchase plan?

Answer: In accordance with the current version of RF PP 932, purchases from SMP are displayed in the procurement plan as regular purchases, however, according to changes in 223-FZ, the Government will be able to approve a section of the plan that will separately take into account purchases from SMP and purchases of innovative and high-tech products from SMP . Is it possible to make a purchase only among SMEs without an approved list?

Answer: In accordance with RF PP 1352, in order to make purchases only among SMEs, the customer must approve and place a list of goods for such purchases. Is it possible to make purchases among SMEs if the amount of income is less than 1 billion rubles?

Answer: Purchasing "only among SMEs" by customers who do not fall under RF PP 1352 can be regarded as a violation of 135-FZ for unreasonable restriction of competition.

On 07.10.2018
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44-FZ, EIS, Purchases from a single supplier, Request for quotations, Request for proposals, Tender, SMP, ETP

Now in the field public procurement a lot of new things - ETP, electronic ways to determine the supplier, the mechanism for securing an application. But the obligation of the customer to conclude part of the contracts with the SMP and SONO remains unshakable. The material clearly outlines all the necessary information that you need to know to make purchases from small businesses.

Who is SMP

SMP is small businesses. These include small enterprises and micro-enterprises, including individual entrepreneurs. Criteria for inclusion in the NSR are regulated Law 209-FZ of July 24, 2007(Table 1).

Table 1. Who is considered an SMP

Criterion	microenterprise	Small business
Average number of employees for the past calendar year	No more than 15	No more than 100
Income from entrepreneurial activities for the previous calendar year (the amount approved by the GD of April 4, 2016 No. 265)	120 million rubles	800 million rubles
Share of participation of foreign persons	No more than 49% Registration in ERUZ EIS From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry (Unified Register of Procurement Participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru. We provide a service for registration in the ERUZ in the EIS:
The share of participation of other persons, except for small or medium-sized businesses
Share of participation of the Russian Federation, constituent entities, municipalities, public and religious organizations, foundations	No more than 25%

Who is SONO

SONO (SONKO) - socially oriented non-profit organizations. NGOs act in accordance with Law No. 7-FZ of January 12, 1996. However, not all NGOs are socially oriented, but only those that carry out activities aimed at solving social problems and developing civil society (paragraph 2.1 of Article 2). As well as activities from Article 31.1 of Law No. 7-FZ.

In particular, SONO are engaged:

social services and support for citizens;
assistance to victims of natural disasters;
security environment and animal welfare;
activities in the field of education, science, art, healthcare;
providing legal assistance on a free or concessional basis.

This is far from all, but only a small part of the areas of activity of socially oriented NGOs.

How SMP and SONO prove their compliance

If the customer announces a purchase for SMP and SONO, then suppliers must confirm that they have the right to participate in it. To do this, the application includes a special declaration of ownership to this category. For electronic procedures it can be generated directly on the ETP or attached to the application as a separate document. In the declaration, the participant confirms that he meets all the criteria established for his category.

Also, customers are recommended to check the membership of the participant to the SMP through the search in a special Register on the website of the Tax Service. To check, it is enough to drive the TIN or the name of the applicant into the search box.

Information on the procurement from SMP and SONO in 2019

The following table summarizes the data for purchasing from small businesses for 2019.

Table 2. Procurement from SMP and SONO in 2019

How much to buy?	15% of the SSS. Less is not allowed, more is not prohibited
How is the volume distributed between the SMP and SONO?	In any ratio. You can buy everything from the SMP and nothing from SONO, and vice versa
What happens if you buy less?	Contract manager fine 50 thousand rubles
Maximum contract price with SMP/SONO	20 million rubles
SMP / SONO preferences	Accelerated terms of payment for the executed contract ( 15 business days from the date of acceptance). Reduced ETP fee (2 thousand rubles maximum) - set by sites
How can you get the right amount?	Announce purchases for SMP and SONO. Enter into contracts with such entities as a result of regular procurement. Oblige performers to involve subcontractors from SMP and SONO
What to do if the purchase for the NSR and SONO did not take place?	Remove the restriction and allow participants not from the SMP / SONO. Such a contract will not be included in 15% of the state defense order
Do I need to place in the EIS?	Yes, until April 1 next year

Volume calculation algorithm

SMP and SONO need to purchase not less than 15% of the SHOZ. This is the entire volume of purchases for the current year, which did not include some of their types. See the details of the calculation in the following diagram.

Scheme. How to calculate the volume of purchases from a small business

*When calculating the current year's SSS, it is necessary to take into account contracts that are transferred from one financial year to another. And take into account only that the amount that payablein the current year.

Suppose the contract was concluded in 2018, and it will be executed and paid for in 2018 and 2019. So, the part of the contract paid for in 2018 should be included in the SSS for 2018. And that part, the payment of which will be made in next year, will go to the SSS 2019.

Note! From 2019, when calculating the total volume of purchases, it will be necessary to take into account contracts with a single supplier concluded as a result of failed electronic tenders, as well as requests for quotations and proposals in electronic form.