The basis for placement among emergency personnel. How to calculate the minimum volume of purchases from SMP, Sono. Exclusion from the SMP register

Let's figure out what SONKO is from the point of view of 44-FZ, and how such legal entities participate in government procurement.

SMP and SONKO: decoding

First of all, let's look at the definitions.

Stands for “small business entity”.

As for SONCOs, the decoding according to 44-FZ also does not differ from the generally accepted one - these are socially oriented non-profit organizations. You can often come across the abbreviation SONO; it stands for exactly the same. These are the ones that will be discussed in this article.

Who are SONO

So, let’s take a closer look at the question “SONCO – what kind of organizations are these?” Let's look at the definition Federal Law No. 7 dated January 12, 1996. These are structures that are engaged, for example, in such activities (the entire list can be found in paragraph 1 of Article 31.1 of the 7-FZ):

• social services for citizens;
• social support and protection;
• help in overcoming the consequences natural Disasters;
• measures to prevent socially dangerous behavior;
• security environment;
• animal protection.

It is important to remember that even if an organization is engaged in similar activities, its founders are the Russian Federation, constituent entities of the Russian Federation or municipalities, it will not be considered a socially oriented non-profit.

Features of participation in procurement under 44-FZ

The Law on the Contract System also treats them as Federal Law No. 7.

SMP and SONKO participate in government procurement according to the same rules. For them, in order to support small businesses, benefits are provided (). Government customers are required to enter into contracts with them, the total amount of which will be at least 15% of. They can do this in two ways:

1. Hold auctions in which only such legal entities are allowed to participate. It could be , and . however, it should not exceed 20 million rubles.
2. Establish a requirement for the winner - to involve SMP or SONO in the execution of the government contract as a subcontractor. NMCC in this case is not limited.

There are also some peculiarities regarding payment. If restrictions and benefits are established for SMP and SONO, then they receive money a maximum of 15 working days after signing acceptance certificates with the auction organizer.

to the law on Contract system(140-FZ) pleased customers in many ways. But judging by the numerous questions, not everyone fully understood how to calculate the volume of purchases from SMP and SO NPOs(small businesses and socially oriented commercial organizations).The Law on the Contract System (44-FZ) in Article 30 specifies the procurement procedure from SMP and SO NPOs. Now, unlike the previous law 94-FZ, there is no upper limit in percentage terms, but only a requirement that the volume of purchases be at least 15 percent of all purchases made through open competitive procedures (tender, electronic auction, request for quotations and request proposals). Part 1 of Article 30 establishes that customers are required to make purchases from SMP and SO NPOs. But Part 1.1 of this Article 30 explains how to calculate the total annual volume of purchases from which we will consider the minimum amount of purchases from SMP and SO NPOs (at least 15 percent ). So, the total settlement amount of 15 percent does not include all purchases from sole supplier, i.e. purchases that the customer made under Part 1 of Article 93 (these are both monopolists and public utilities, rent non-residential premises, purchases of small volumes up to 100 thousand and 400 thousand rubles in accordance with paragraphs 4 and 5, and so on, and in total there are 37 points in this part). We subtract all of them before calculating the interest on a small business.

For example, the total aggregate annual volume of purchases is 5 million rubles. Of these, 1 million are utilities and monopolists (communications), 1 million are purchases under paragraphs 4 and 5 of part 1 of Article 93 (small purchases up to 100 thousand and up to 400 thousand), 3 million - 3 electronic auctions with an initial (maximum) price of 1 million rubles. So for SMP and SO NPOs, we should initially calculate like this:

5 million -1 million -1 million= 3 million rubles

And from 3 million rubles, at least 15 percent, we must announce a purchase for SMP and SO NPOs. Based on the result of this competitive procurement, it is necessary to conclude a contract for an amount of at least 450 thousand rubles (15% of 3 million). More is possible, less is not possible. Therefore, for example, one of the auctions (for 1 million rubles) can be announced for SMP and SO NPOs. If there is a 20 percent reduction and we conclude a contract for 800 thousand, then we will fulfill the requirements of Article 30. But if the announced purchase does not take place (one participant comes), then the customer will go to the regulatory body for approval and, if the decision is positive, will enter into a contract with the only supplier under clause 25, part 1, article 93 in the amount of 1 million rubles and this amount will not be included in 15 percent. We recalculate the purchase amount from SMP and SO NPOs.

5 million - 1 million (utilities and monopolists) - 1 million (up to 100 thousand) - 1 million (from a single supplier according to clause 25) = 2 million rubles. The customer is obliged to purchase from SMP and SO NPOs at least 15 percent of 2 million rubles or an amount (in our example) of at least 300 thousand rubles.

If the customer has a small total annual volume of purchases and carries out all purchases under Part 1 of Article 93, then he may not purchase from SMP and SO NPOs. Read part 1.1 of Article 30, that purchases from a single supplier are not included in the overall calculation of purchases from SMP and SO NPOs.

In 2018, customers must still allocate a certain percentage of purchases to small businesses under 44-FZ. Organizations with a small number of employees and profits below the established limit fall under this category. Who are small businesses under 44-FZ is stated in Federal Law No. 209-FZ dated July 24, 2007.

What is a small business entity under 44-FZ

Let's consider who is a small business entity under 44-FZ. The criteria for classification as an NSR did not change in 2018. A micro-enterprise is considered to be an organization with up to 15 employees and an annual income of no more than 120 million rubles.

Small companies include companies that officially employ up to 100 people and have an annual income of up to 800 million rubles. Enterprises with a number of employees from 101 to 250 people and a turnover of no more than 2 billion rubles are considered medium-sized. In all three cases, the share of participation of the state should not be higher than 25%, of foreign legal entities - no more than 49%, and the share of legal entities that are not small and medium-sized businesses - no more than 49%.

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Application for participation in procurement from small businesses 44-FZ

• According to Federal Law 44, small businesses receive some preferences when purchasing. However, they can use them and participate in procedures for SMP only under one condition: a declaration must be attached to the application. Indicate in it:
• Company name;
• the category to which it belongs - small or medium business;
• legal address;

OGRN.

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

We looked at who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused about the concepts. For example, require that the participant belong either to a small business or to a socially oriented non-profit organization, and companies that fall into both categories and report this in the declaration are not allowed to bid. This is a violation confirmed by administrative practice, for example, by the decision of the Office of the Federal antimonopoly service in Moscow in case No. 2-57-1428/77-18 dated 02/06/2018.

Advantages when purchasing from small businesses 44-FZ

According to 44-FZ, small businesses receive some preferences when purchasing. For example, if a sanction is imposed for violating the terms of a contract, the fine can reach general case 10% of the contract price if it is less than 3 million rubles, and 5% if the value is in the range of 3-50 million. For small enterprises with a contract price of up to 3 million, the fine will be 3% of the contract value if it is within within 3-10 million - 2%, 10-20 million - 1%.

Also, for SMP, lower tariffs for work on trading platforms. Let us remind you that in 2018 it became paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for SMP the upper limit is 2 thousand rubles.

How to distinguish, establish and combine advantages for SMP, UIS, OI and import

From the article you will learn:

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

From the article

Volume of mandatory purchases from small businesses 44-FZ

We defined small businesses according to 44-FZ and examined the criteria for their classification into this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this standard, customers use two ways:

• conduct procurement only among small businesses;
• establish in the procurement documentation a requirement to attract subcontractors from among the SMP.

Any procedure can be performed:

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

NMCC at auctions only among SMP and SONCO should not exceed 20 million rubles. If 15% of purchases among SMP and SONKO are not reached, the contract manager will be fined 50,000 rubles.

Let's consider the calculation of the volume of mandatory purchases from small businesses 44-FZ. The annual volume is understood as the amount of money approved for the financial year to meet the needs of government customers. Earlier, the Ministry of Finance clarified that it takes into account contracts concluded in previous years, but for which payment takes place this year, as well as those concluded and paid in the current year.

When calculating the average annual purchase volume, the following are not taken into account:

• to ensure the defense capability of the Russian Federation;
• on providing loans;
• from a single supplier;
• in the field of nuclear energy use;
• closed procedures.

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

You will find more answers to questions about procurement in the new issue of the magazine “Government Order in Questions and Answers”

There are two ways to purchase from SMP and SONKO.

How to calculate the annual volume of purchases that need to be made from SMP and SONKO

This can be done more conveniently using the following formula:

Annual volume of purchases from SMP and SONKO

=

-

×

15%

The 15 percent norm must take into account purchases in which SMP and SONKO:

When calculating the annual volume for purchases from SONKO and SMP, it is impossible to take into account the following purchases:

• to ensure national defense and security;

• loan services;

• from a single supplier (contractor, performer);

• work in the field of atomic energy;

• carried out using closed methods.

However, if these purchases, in addition to providing loans and purchases from a single supplier, were carried out from SONKO and SMP (under Part 1.2 of Article 30 of Law No. 44-FZ), their volume is still required . That is, the amount of these purchases does not need to be subtracted from the total annual volume when calculating. They also need to be enabled , which the customer draws up at the end of the year and which reflects the number of their purchases.

This procedure is given in parts 1.1, 1.2, 4 of Article 30 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated June 2, 2015 No. D28i-1455.

But if the calculated volume of purchases from SMP and SONKO was 0 rubles, then it is not necessary to purchase from them. This is possible if, for example, the customer makes all of his purchases only from a single supplier (contractor, performer). Such clarifications are given in letters of the Ministry of Economic Development of Russia dated March 11, 2015 No. D28i-643, dated February 18, 2015 No. D28i-413, dated December 31, 2014 No. D28I-2891.

Attention!If the customer purchases goods (works, services) from SMP and SONKO in a smaller amount than established by Law No. 44-FZ, he faces administrative responsibility. Yes, on officials(contract manager, employees contract service) can impose administrative penalty in the amount of 50 thousand rubles. (Part 11 of Article 7.30 of the Code of Administrative Offenses of the Russian Federation, letter of the Ministry of Economic Development of Russia dated March 10, 2015 No. D28i-590).

An example of calculation and subsequent recalculation of procurement rates from SMP and SONKO

In 2016, the institution plans to conclude contracts:

• for the purchase of passenger cars (RUB 2,000,000);

• for the purchase of computers (600,000 rubles), including from a single supplier, in the amount of 80,000 rubles;

• for improvement of the territory of the institution (RUB 1,000,000);

• to conduct current repairs(RUB 700,000);

• on Maintenance office equipment, computers (800,000 rubles), including from a single supplier, in the amount of 50,000 rubles.

At the end of 2015, the institution did not conclude contracts with execution in 2016.

The contract manager calculated the minimum volume of purchases from small businesses and socially oriented organizations non-profit organizations.

He compiled:

(2,000,000 rub. + (600,000 rub. - 80,000 rub.) + 1,000,000 rub. + 700,000 rub. + (800,000 rub. - 50,000 rub.)) × 15% = 745,500 rub.

In 2016, the standard volume of purchases from such suppliers must be at least 745,500 rubles.

Within the calculated volume, the contract manager decided to purchase computer equipment for the amount of 520,000 rubles. through an open competition among SMP and SONCO. He indicated information about the provision of advantages and restrictions on the participation of suppliers who are not SONCO and SMP in the procurement notice and tender documentation.

During this competition, only one application was submitted that met the requirements. The competition was declared invalid. The contract manager sent an appeal to control body on approval of the conclusion of a contract with the participant who submitted the only application, as with the only supplier. After 10 working days, approval was received and the contract was concluded.

Since the contract was concluded with a single supplier, the contract manager recalculated the annual volume of purchases from SMP and SONKO. He excluded from the calculation the purchase in the amount of 520,000 rubles.

He did it like this:

(RUB 2,000,000 - RUB 80,000 - RUB 520,000 + RUB 1,000,000 + RUB 700,000 + (RUB 800,000 - RUB 50,000)) × 15% = RUB 577,500

Thus, the annual volume of purchases from SMP and SONKO for 2016 changed and amounted to 577,500 rubles.

First procurement method: conduct procurement only among SMEs and SONKOs in a competitive way

In this case, the initial (maximum) contract price (NMCP) should not exceed 20 million rubles. This is stated in paragraph 1 of part 1 of article 30 of Law No. 44-FZ.

If the customer is identifying suppliers only among SMP and SONPO, then he must indicate this in the procurement notice (clause 2 of the letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. D28i-1296). And the participants, in turn, are obliged in applications their belonging to these categories.

In addition, the draft contract must include a requirement for payment for goods (work, services) for a separate stage of contract execution within 30 days from the date of signing the acceptance document. This is stated in parts 3, 8 of Article 30 of Law No. 44-FZ.

What should the customer do if the purchase under Law No. 44-FZ only among SMP and SONKO did not take place?

It makes sense for the customer to cancel this restriction and make the purchase in general procedure.

In this case, the contract price in small businesses and non-profit organizations do not need to be taken into account. That is, in includes only those purchases that have been completed exclusively for SMP and SONKO. But the remaining purchases do not need to be taken into account in the volume of purchases from SMP and SONKO, even if one of these categories of participants wins. This is stated in Part 4 of Article 30 of Law No. 44-FZ and explained in the letter of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173.

Second procurement method: establish an additional condition in the procurement notice and draft contract

Additional condition contract - a requirement for the winner of the purchase to involve subcontractors (co-contractors) from among the SMP and SONKO in the execution of the contract. Any organization can be a participant in such a purchase, and the NMCC does not matter in this case.

It is worth noting that if the winner of such a purchase is SMP (SONKO), then this condition does not apply to it. This is what the Russian Ministry of Economic Development thinks in its letter dated September 17, 2015 No. D28i-2812. However, experts still recommend stipulating this in the draft contract.

The condition that the winner must involve subcontractors and co-executors from SMP and SONKO must be included in the contract. Among other things, you need to write down:

• the volume of such attraction - as a percentage of the contract price;

• a condition on civil liability of suppliers (contractors, performers) if they do not involve subcontractors, co-executors from SMP and SONKO in the execution of contracts;

• that this requirement does not apply to the winner from among SMP and SONKO.

An example of the wording of the condition that the winner must involve subcontractors and co-executors from SMP and SONKO

“The developer is obliged to involve subcontractors (contractors) from among small businesses and socially oriented non-profit organizations in the execution of the contract in the amount of 15 percent of the cost of this contract.

The developer bears responsibility to the Customer in accordance with the legislation of the Russian Federation for failure to fulfill the condition of involving subcontractors (contractors) from among small businesses and socially oriented non-profit organizations in the execution of the contract.”

This procedure is established in paragraph 2 of part 1, parts 5, 6 of Article 30 of Law No. 44-FZ and is explained in letters of the Ministry of Economic Development of Russia dated September 17, 2015 No. D28i-2812, dated April 6, 2015 No. D28i-837, dated 10 March 2015 No. D28i-590, dated December 9, 2014 No. D28i-2740.

Advice: In the draft contract (and in the contract itself), it is worth establishing a condition for its unilateral termination if the supplier (contractor, performer) improperly fulfills the condition. And then, if the counterparty, in accordance with the conditions, does not involve SMP and SONKO in the execution, the customer will be able terminate the contract (Clause 9 of the letter of the Ministry of Economic Development of Russia dated March 17, 2015 No. D28i-747).

How to prepare a report on the volume of purchases from SMP and SONKO

At the end of the year, customers report on the volume of purchases from SMP and SONKO. To do this, the contract manager or contract service employee draws up and places a special report in the Unified Information System. Deadline - until April 1 of the year, following the reporting one.

Report form and the requirements for filling it out were approved by Decree of the Government of the Russian Federation of March 17, 2015 No. 238.

The report must contain information:

• about the contracts that were concluded with SMP and SONKO;

• about failed procurements with the participation of SMP and SONKO.

At the same time, there is no need to include a purchase in the report when , and the winner of the purchase was the small business entity itself (or SONKO).

And, of course, there is no need to include procurement information in the report if the contract was concluded with a single supplier (contractor, performer) - in accordance with paragraph 25 of part 1 of Article 93 of Law No. 44-FZ. That is, when a competitive procurement (competition, auction, request for quotations) from SMP and SONKO turned out to be invalid.

Such rules are established in parts 4, 4.1 of Article 30 of Law No. 44-FZ and explained in letters of the Ministry of Economic Development of Russia dated February 10, 2015 No. D28i-173, dated December 23, 2014 No. D28i-2792.

Small businesses, socially oriented non-profit organizations in the amount of no less than fifteen percent of the total annual volume of purchases, calculated taking into account part 1.1 of this article, by:

1) carrying out open competitions, competitions with limited participation, two-stage competitions, electronic auctions, requests for quotation, requests for proposals, in which procurement participants are only small businesses and socially oriented non-profit organizations. In this case, the initial (maximum) contract price should not exceed twenty million rubles;

1.1. When determining the volume of purchases provided for in Part 1 of this article, the following purchases are not included in the calculation of the total annual volume of purchases:

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

2) services for providing loans;

3) from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of this Federal Law, with the exception of purchases that were made in accordance with clauses 25 - 25.3 of Part 1 of Article 93 of Clause 1 of Part 1 of this article;

(see text in the previous edition)

4) work in the field of atomic energy use;

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

1.2. Customers have the right to make purchases specified in paragraphs 1 and 5 of part 1.1 of this article from small businesses and socially oriented non-profit organizations in accordance with part 1 of this article. In this case, the volume of such purchases is taken into account in the volume of purchases made by customers from small businesses and socially oriented non-profit organizations in accordance with Part 1 of this article, and is included in the report specified in Part 4 of this article.

2. This article applies to socially oriented non-profit organizations (with the exception of socially oriented non-profit organizations whose founders are the Russian Federation, subjects Russian Federation or municipalities) carrying out in accordance with constituent documents types of activities provided for in paragraph 1 of Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”.

3. When identifying suppliers (contractors, performers) by the methods specified in paragraph 1 of part 1 of this article, procurement notices establish a restriction in relation to procurement participants, which can only be small businesses and socially oriented non-profit organizations. In this case, procurement participants are required to declare in applications for participation in procurement that they belong to small businesses or socially oriented non-profit organizations.

(see text in the previous edition)

4. If the determination of suppliers (contractors, performers) is declared invalid due to the fact that at the end of the deadline for submitting applications, final proposals, not a single application, not a single final proposal, or all applications, final proposals were rejected in the manner established by this Federal Law, the customer has the right to cancel the restriction specified in Part 3 of this article and make purchases on a general basis. Moreover, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from small businesses and socially oriented non-profit organizations in accordance with Part 1 of this article. Purchases that were made on the basis of clauses 25 - 25.3 of part 1 of article 93 of this Federal Law based on the results of a failed identification of suppliers (contractors, performers) carried out in accordance with the requirements of clause 1 of part 1 of this article are taken into account in the volume of purchases that customers made from entities small businesses, socially oriented non-profit organizations. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from small businesses, socially oriented non-profit organizations provided for in Part 2 of this article, and by April 1 of the year following the reporting year, place such a report in a single information system. In such a report, the customer includes information about concluded contracts with small businesses and socially oriented non-profit organizations.

(see text in the previous edition)

5. When identifying a supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for the supplier (contractor, performer), who is not a small business entity or a socially oriented non-profit organization, to involve subcontractors, co-executors from among small businesses in the execution of the contract entrepreneurship, socially oriented non-profit organizations.

(see text in the previous edition)

6. Conditions on the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of contracts in the case provided for