The concept of total annual purchase volume. What to take into account. What is the total annual volume of purchases made up of? What is sgoz

Bidders are only allowed to bid if they meet certain conditions. 44-FZ distinguishes two groups of conditions: basic for all purchases and additional for specialized orders. But in what cases can the customer establish these additional requirements for participants in the auction and competitive procedures?

General provisions

Additional is a condition for the supplier’s admission to bidding, established in order to identify the most qualified contractor when carrying out orders of a specialized nature.

There are two prerequisites for additional requirements:

When additional requirements are established

The following cases have been established (Decree No. 99 dated 02/04/2015):

1. Work on the preservation of cultural heritage objects, restoration of museum, especially valuable and rare documents, as well as work and services that require contractors’ access to the accounting databases of the above objects.
2. Construction work (except for drilling and exploration work), if starting price more than 10 million rubles.
3. Military sea and river transportation.
4. Maintenance, repair of railway rolling stock of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense.
5. having a technically complex, innovative, high-tech nature (for example, the manufacture of equipment for facilities nuclear energy, construction of especially dangerous, unique facilities, if the price to meet state needs exceeds 150 million rubles, to ensure municipal needs- 50 million rubles, etc. according to Appendix No. 2 of Resolution No. 99).

What documents to confirm

The customer does not need to develop his own additional requirements. Government Decree No. 99 dated 04.02.2015 contains not only an exhaustive list of cases of their establishment, but also the name of the requirement, as well as a list of documents with which bidders confirm their compliance.

Additional requirements can be divided into the following main groups:

Similar to the item purchased. The customer must establish a condition for the supplier to provide copies of contracts and acts (in some cases, permits for the commissioning of capital construction projects) as part of the application.
Property and equipment necessary for the execution of the contract. To confirm compliance, the supplier can provide both official documents from the authorities (extract from the register of rights to real estate), accounting documents (inventory cards of the OS-6 form), transaction agreements, and has the right to provide an act drawn up in free form (certificate, letter, list equipment indicating production capacity). A feature of some orders is the provision of special documents, such as certificates for the vessel, the right to sail under the State Flag of the Russian Federation or another state, the right to issue a notification for repairing wagons, etc.
Qualified specialists. A requirement is established to provide a certificate confirming the presence of a staff of specialists with special education and work experience, providing copies work records, diplomas.
Financial resources for contract execution and business reputation. To date, the Government has not established such additional requirements when conducting tenders.

Documents confirming compliance with additional requirements are considered at the first stage of a two-stage competition, when conducting a competition with limited participation, and when considering the second parts of applications in the case of procurement using the electronic auction.

Financial resources for contract execution are one of the criteria for evaluating procurement participants. From the article you will learn how to confirm to the supplier that financial resources companies are sufficient to fulfill the obligations of the government contract.

General provisions

Before moving on to the question of how to confirm financial resources for the execution of a contract, let’s understand the basic concepts. When choosing a supplier who can fulfill a contract, resources, including financial ones, are extremely important aspect for the customer. If a participant overestimates his strength, he will not be able to fulfill the contract or will perform it poorly. Therefore, the law allows customers to establish (Article 31 44-FZ) that the supplier has sufficient capabilities to fulfill the contract. It can be installed during auctions, as well as two-stage competitions, closed with limited participation, closed two-stage competitions

Information that an additional requirement has been established must be reflected in the notice and bidding documentation.

The availability of financial resources may also be considered in the context of the bid evaluation criteria. stipulates that such a condition refers to non-cost ones. At the same time, the customer in the documentation indicates the value of each evaluation criterion, as well as the calculation of the total quantity for all set criteria.

How to confirm that you have enough finances

A document confirming the financial resources for the execution of the contract must indicate the financial stability of the organization that is participating in the bidding.

Such documents include:

a copy of the financial statements for the previous calendar year with a mark from the tax authority (forms No. 1, 2, 3);
act of reconciliation of tax payments for the last reporting period (reconciliation is carried out jointly with the tax office upon application);
a copy of the auditor's report (if a statutory audit was carried out).

It should be borne in mind that financial statements of a specific organization depends on the taxation system it applies (general and simplified). When “simplified”, the application includes documents on the application of such a taxation system.

In part 4 of article 31 of the Law on contract system It is stated that if the Government of the Russian Federation establishes additional requirements for procurement participants, when determining suppliers (contractors, performers), customers are obliged, on their part, to establish such additional requirements.

From this article you will learn:

what additional requirements for participants in procedures may be established;
customer violations identified by the FAS Russia;
failure to establish additional requirements when performing construction work;
failure to establish additional requirements for purchases over 10 million rubles;
failure to establish additional requirements for participants in an electronic auction;
failure to establish a group of construction works to confirm compliance;
practical examples improper execution contract requirements.

According to Part 2 of Art. 31 of the Law on the Contract System The Government of the Russian Federation has the right to establish definitions of suppliers, including the availability of:

financial resources for contract execution;
work experience related to the subject of the contract, business reputation; equipment and other material resources for the execution of a contract on the right of ownership or otherwise legally;
the required number of specialists and a certain level of qualifications.

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In accordance with the Decree of the Government of the Russian Federation dated 02/04/2015 No. 99 “On establishing additional requirements for procurement participants individual species goods, works, services, cases of classifying goods, works, services as goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers ), having the required level of qualifications, as well as documents confirming the compliance of procurement participants with the specified additional requirements” (hereinafter referred to as Resolution No. 99), customers establish the following additional requirements for procurement participants:

having experience in the execution (taking into account succession) of a contract for the performance of relevant work for at least three years before the date of submission of the application for participation.

In this case, the cost of a previously executed contract must be at least 20% of the NMC of the contract for the right to conclude which the procurement is being carried out.

To confirm compliance with this requirement, it is enough for the participant to submit, as part of the application for participation in the procurement, a copy of the contract, a certificate of completion of work, and permission to put the facility into operation (except for the cases specified in Resolution No. 99).

An application for participation in the procurement may contain documents such as copies of several contracts, certificates of completed work, permits to put the facility into operation. However, it is mandatory that the application contains at least one contract (agreement) worth at least 20% of the initial (maximum) price of the contract for the right to conclude which the procurement is being carried out. The presence of such a contract, as well as a certificate of completion of work and permission to put the facility into operation is a condition for admission to participation in the relevant procurement.

Failure to establish additional requirements when performing construction work

The letter of the Ministry of Economic Development of Russia dated May 21, 2015 No. D28i-1287 states that the purchase of construction work included in code 45 (except for code 45.12) OKPD, with NMCC over 10 million rubles. should be carried out through an electronic auction with the mandatory establishment additional requirement in accordance with clause 2 of Appendix No. 1 to Resolution No. 99.

At the same time, there are often situations when the customer in the auction documentation for the purchase of construction work (if the NMTsK exceeds 10 million rubles) does not establish additional requirements for procurement participants, despite the direct indication of the law that this is an obligation and not a right of the customer.

Failure to establish additional requirements for purchases over 10 million rubles.

When considering the case dated 06/01/2015 No. P-339/15, the FAS Russia Commission for Control in the Sphere of Procurement found that, according to the auction notice: OKPD code 45.23.11.190; NMCC is RUB 1,205,930,093.81.

At the same time, in the auction documentation, the customer did not establish additional requirements for its participants in accordance with Part 4 of Art. 31 of the Law on the Contract System, which violates the requirements of the law.

An example of a similar violation can also be the case dated July 24, 2015 No. P-489/15, in which it was revealed that the auction notice contains the following information: OKPD code - 45.45.13.190; NMCC - 89,935,669.16 rubles.

Failure to establish a group of construction works to confirm compliance

According to the requirements of the Law on the contract system, namely clause 6, part 5, art. 63, part 3 art. 64, the customer must establish in the procurement notice and procurement documentation a group of works, the existence of a contract for the execution of which is required for the procurement participants to confirm compliance with the requirements of clause 2 of Appendix No. 1 to Resolution No. 99.

The following groups of construction work are used:

construction, reconstruction and major renovation objects that are not capital construction projects (temporary buildings, kiosks, sheds and other similar buildings).

Example 1

An example of improper fulfillment of the requirements of Part 4 of Art. 31 of the Law on the Contract System can, in particular, be served by the decision in case No. P-43/15, according to which control body The following has been established.

In accordance with the notice of the auction, code All-Russian classifier products by type economic activity 45.21.15.150 “General construction work on the construction of other buildings, not included in other groups”, while the NMTsK at the auction exceeds 10,000,000 rubles. and amounts to 417,253,731 rubles.

According to clause 1.9 of the “Information Card” section of the auction documentation, additional requirements are established for auction participants regarding the presence of experience in the execution (taking into account succession) of a contract (agreement) to perform relevant (belonging to the same group of construction works for which the contract is concluded) work construction for the last 3 years before the date of filing an application for participation in the relevant competition or auction. In this case, the cost of a previously executed contract (agreement) is at least 20% of the NMCC, contract (lot price), for the right to conclude which the procurement is being carried out.

At the same time, at the meeting of the Commission it was established that the auction documentation does not contain a definition of the relevant construction work (the group of works is not defined) in relation to the provision by procurement participants of documents confirming their compliance with the requirements in accordance with clause 2 of Appendix No. 2 of Resolution No. 99.”

Example 2

A similar violation was also revealed in the actions of the customer when considering a complaint about the provisions of the documentation on the auction in case No. K-1023/15 dated May 28, 2015:

“In accordance with the notice of the auction, the customer, the authorized body established the OKPD code 45.23.11.120 “General construction work on the installation of coating bases highways III-IV categories”, while the NMCC at the auction exceeds 10,000,000 rubles. and amounts to 2,760,090,610 rubles.

According to clause 17 of part II “Information card of the electronic auction” of the auction documentation, it is established: “Documents confirming the compliance of procurement participants with additional requirements: experience in the execution (taking into account succession) of a contract (agreement) for the performance of relevant construction work for the last 3 years before date of filing an application for participation in the relevant auction. In this case, the cost of a previously executed contract (agreement) is at least 20% of the NMCC, contract (lot price), for the right to conclude which the procurement is being carried out.

Experience in executing a contract for work related to the same group of construction works for which the contract is concluded is required. The following groups of construction works are used:

construction, reconstruction and overhaul of capital construction projects;
work on the construction, reconstruction and major repairs of objects that are not capital construction objects (temporary buildings, kiosks, sheds and other similar structures).”

Thus, at the meeting of the Commission it was established that the auction documentation does not contain a definition of the relevant construction work in relation to the provision by procurement participants of documents confirming their compliance with the requirements in accordance with clause 2 of Appendix No. 2 of Resolution No. 99.”

Example 3

By decision of 08/06/2015 in case No. K-947/15, the FAS Russia Commission for Control in the Sphere of Procurement revealed a violation of Part 4 of Art. in the actions of the customer. 31 of the Law on the Contract System, expressed in the improper establishment of an additional requirement for the auction participant in accordance with Government Resolution No. 99. Namely, “having experience in the execution (taking into account succession) of a contract (agreement) for the performance of relevant construction work for the last 3 years before the date of submission applications for participation in the auction.

The work must comply with OKPD code 45.24.12.120 “General construction work on the construction of soil dams and dams,” which is not provided for by the requirements of Resolution No. 99.

Based on the foregoing, it can be concluded that the proper fulfillment of the requirements of the Contract System Law is the establishment by the customer in the auction documentation of one of the two groups of construction works specified in Resolution No. 99.

From the obtained value of the total annual purchase volume unitary enterprise for 2017, the annual volumes of purchases provided for by the standards are calculated Federal Law dated 04/05/2013 No. 44-FZ, including the annual volume of purchases from sole supplier(contractor, performer), provided for in clause 4, part 1, art. 93 of Federal Law No. 44-FZ dated 04/05/2013, in the amount of 5% of the total annual volume of purchases of a unitary enterprise for 2017. As an example: The plan (program) of the financial and economic activities of a unitary enterprise provides for 2017 for new purchases and for payment of obligations under contracts concluded previously, the total amount financial security in the amount of 750 million rubles, including:

200 million are provided for payment of obligations under contracts concluded before December 31, 2016.

Total annual purchase volume

Now everything is clear and understandable: if a contract is concluded in the current year and will be executed over several years, the SGOZ will include only that part of the contract amount that, in accordance with the established limits (for budgetary institutions- in accordance with plans for financial and economic activities) will be paid this year.<1 «О внесении изменений в Федеральный закон «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд». Почему важно правильно определить размер СГОЗ? Потому что от него зависят:1) расчет объема закупок у субъектов малого предпринимательства, социально ориентированных некоммерческих организаций.

Let us remind you that according to Art. 30 of Law No. 44-FZ, customers are required to purchase from these organizations in an amount of no less than 15% of SGOZ; 2) the need to create a contract service.

The procedure for calculating the total annual volume of purchases

The concept of SGOZ is present only in Law No. 44-FZ, and sports organizations need to know what it is and how to calculate it, because a lot depends on it. According to paragraph 16 of Art. 3 of Law N 44-FZ SGOZ is the total amount of financial support approved for the corresponding financial year for the customer to make purchases in accordance with the said Law, including for payment of contracts concluded before the beginning of this financial year and payable in the specified financial year. Note : this definition was introduced into Law No. 44-FZ by Federal Law dated June 4, 2014 No. 140-FZ<1 ввиду того, что существовали споры по поводу включения сумм длительных контрактов, заключенных в предыдущем году и продолжающих исполняться в текущем.

How to justify the annual volume of purchases under clause 4, part 1, article 93

However, for calculating the SSP in order to determine the amount of funds that a sports institution must spend on purchases from small businesses and socially oriented non-profit organizations, this formula is not suitable. Let us recall that, by virtue of Part 1 of Art. 30 of Law N 44-FZ, customers are required to purchase from small businesses, socially oriented non-profit organizations in the amount of not less than 15% of SGOZ by: - holding open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals , in which procurement participants are only small businesses and socially oriented non-profit organizations.

How to correctly calculate purchases Art. 93, p. 4-5

When calculating the public health insurance premium, the following expenses should not be taken into account:

Salaries, travel allowances for employees.
Funds intended for paying taxes and other obligatory payments to the budget.
To compensate for damage caused by the customer during the conduct of its activities.
Income received from the customer’s activities and funds intended for procurement within the framework of 223-FZ.

Thus, the SGOZ is formed from amounts that are intended to pay for purchased products and services in the current financial period. This figure turns out to be identical to the monetary limits of budget obligations.
Example: Methodology for calculating SGOZ from a single supplier According to the first part of Article 93 of 44-FZ, the total volume of purchases from a single supplier cannot exceed two million rubles or 5% of SGOZ (but more than 50 million rubles).

Having written down in the list of requirements for participants the need to involve subcontractors related to SMP or SO NPOs in the execution of the contract.

The rules for calculating SGOZ are similar to the method for determining the amount when purchasing from a single supplier. The calculations do not take into account goods and services necessary to maintain the country's defense, provision of loans, and work related to nuclear energy.

Continuing the example described above, in which out of three million, goods and services worth 2 million rubles can be purchased from a single supplier. Therefore, you can purchase from SMP in the amount of (3 million - 2 million) * 15% = 150,000 rubles.

Attention

The customer has to calculate the annual volume of purchases for each financial year; this must be done before April 1 of the year following the reporting year. This figure is reflected in the schedule and published in the Unified Information System.

How to calculate the annual volume of purchases for paragraph 4 of part 1 of Article 93

SGOZ. At the same time, according to clause 5, part 1, art. 93 44-FZ it should not exceed 20 million rubles. 10,000,000 × 50% = 5,000,000 rub. The total annual volume of purchases in 223-FZ The SGOZ under the Law on the Contract System does not provide for the inclusion of funds for payment of contracts under the Law on the Procurement of Goods, Works, Services by Certain Types of Legal Entities (223-FZ) or on the basis of the previously in force Law on the Placement of Orders ( 94-FZ).

For organizers who purchase under 223-FZ, requirements have been established for 2018 in relation to SGOZ (GD dated December 11, 2014 No. 1352). The cost of all orders from small and medium-sized businesses must be at least 18% of the total cost of all contracts for the year that customers concluded as a result of procurement.

If, to make purchases from a single supplier under clause 4, part 1, art. 93 of Law N 44-FZ, the named organization will choose 5% of the SGOZ, then it will not be able to make so many purchases under this item, since 5% of the SGOZ in this case will amount to only 150,000 rubles. (RUB 3,000,000 x 5%). If she chooses 2,000,000 rubles, then she will be able to purchase from a single supplier up to 100,000 rubles, and the remaining 1,000,000 rubles. will have to be spent through purchases made in other ways.

Important

We calculate the SGPP for purchases from small businesses. We discussed the general procedure for calculating the SGPP in the previous section of the article. The same procedure is used to calculate the volume of purchases by conducting a request for quotation (10% of the public procurement price).

An example of calculating the minimum annual volume of government purchases from SMP and SONKO If the size of SGOZ is 10 million rubles, then the cost of government purchases must be subtracted from it in accordance with clause 1, part 1, art. 30 44-FZ (let’s take it as 3 million rubles), and calculate 15% of the amount received, i.e. (10,000,000 – 3,000,000) × 15% = 1,050,000 rub. An example of calculating the maximum annual volume of government procurement by conducting a request for quotations. This figure should be 10% of the value of the State Public Procurement Order.

10,000,000 × 10% = 1,000,000 rub.

In this case, the annual amount of orders made through a request for quotation should not exceed 100 million rubles. An example of calculating the maximum annual volume of government procurement according to clause.

4, 5 parts 1 tbsp. 93 44-FZ According to clause 4, part 1, art. 93 it can be 5% of the SGOZ, or 2 million rubles. If the customer uses the above formula, then the volume should not exceed 50 million.
rubles 10,000,000 × 5% = 500,000 rub. According to clause 5, part 1, art.

Based on the second part of Article 72 of 44-FZ, the volume of purchases using a request for quotation cannot exceed 10% of the SGOZ. This amount should not exceed 10 million rubles.

The calculated indicator must be included in the schedule. To generate this figure, it is necessary to use the guidelines developed by the government of the Russian Federation.

Basic rules for calculating SGOD To calculate SGOD, a certain formula is used. It will consist of the following components:

The value of contracts concluded in the previous financial year and payable in the current reporting period.
The contracts that have been concluded will be executed and paid for in the current financial year.
Contracts issued this year that will be executed in the current and subsequent years. Only that portion that is paid in the current financial period is included.

According to this form, the schedule reflects only purchases for the current financial year, and purchases carried over from the previous year do not need to be reflected in it. Therefore, the SGOZ must be calculated using the formula: contracts, contracts concluded concluded in contracts concluded in the current financial previous in the current financial year, executed in the SGOZ = financial years, + year, in full + current and subsequent ones in part, executed and years, in part, payable payable payable in in the current this period the current year the financial year<2 Федеральный закон от 31.12.2014 N 498-ФЗ «О внесении изменений в Федеральный закон «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд». Разберем эту формулу на примере. У спортивной организации СГОЗ равен 3 000 000 руб.

Total annual purchase volume- the concept is relatively new for Russian legislation, it began to be used only within the framework of the Law on the Contract System; in 94-FZ there was no link to the State Defense Contract.

Article 3 44-FZ. The total annual volume of procurement is the total amount of financial support approved for the corresponding financial year for the customer’s procurement in accordance with Law No. 44-FZ, including for payment of contracts concluded before the start of the specified financial year and payable in the specified financial year.

Every year the same thing happens: contracts for the next year are awarded. But this needs to be done when the budgets have been finalized. However, the entire country is slightly violating the Budget Code by renegotiating the necessary contracts for continuous services. The end of autumn and December is the time for concluding contracts that must be concluded and paid for next year. The contract may be concluded in 2016, but the budget for it may be allocated for 2017. There are exceptions in budget legislation when a contract can be executed over several financial years.

Why is SGOZ used in legislation?

Determining the volume of purchases from SMP and SONKO. We are talking about Article 30 of Law 44-FZ, which provides for an algorithm for calculating preferences.
Calculation of the purchase limit from a single supplier (contractor, performer). Clauses 4 and 5 of Part 1 of Article 90 of Law 44-FZ. The frequency of such purchases is not established by law, but there is a certain scope for calculating this limit. This can be a fixed amount (2 million rubles) or setting a percentage of the annual purchase volume (5% or no more than 50 million rubles per year).
Determining the limit of purchases carried out through a request for quotation. This procedure is simple and quick, but there are restrictions on its implementation: the total volume of such procedures is no more than 10% of the public health reserves.
Formation of the customer's contract service. This is important, because if the SGOZ exceeds 100 million rubles, then the customer is obliged to create a contract service. If it is less than or equal to this amount, the customer has the right to create a contract service, but is obliged to have an official who can handle procurement.

Total financial support

The concept of the total volume of financial support includes the limits of budgetary obligations allocated to the customer (state, municipal bodies, government institutions), and may also include, if available, financing that is carried out within the framework of the plan of financial and economic activities of budgetary institutions (grants provided for the implementation government assignment). See letter of the Ministry of Economic Development of Russia dated July 22, 2016 No. D28i-1880.
It is unlawful to calculate the total annual volume of purchases taking into account the funds actually spent on paying for contracts in the current financial year (letter of the Ministry of Economic Development of Russia dated December 31, 2014 No. D28i-2898).

The relationship between the state health protection plan and the schedule

The SGOZ and the schedule do not and should not coincide. These are different concepts and they are calculated differently. The schedule is created for the calendar year, and the State Public Health Organization is associated with financing in the current year. If contracts go through in December 2016, then funding will be in 2017, so they are included in the State Defense Fund for 2017. The schedule can be changed an unlimited number of times, as there are many reasons for change. This could also be a change in the limits of budget obligations. Then the SGOZ is recalculated. Extra-budgetary funds: this is a double procurement regime, when funds can be calculated according to 223-FZ. When purchasing is separated, the functions of personnel and planning begin to be separated. You need to understand that not all extrabudgetary funds go beyond the scope of 223-FZ. The issue of accounting for extra-budgetary revenues in the State Budgetary Educational Income is debatable, since funds are not always included in the State State Defense Fund. The Ministry of Economic Development insists that we are talking about the total volume and if we are talking about the procurement plan, then these funds must be taken into account in the State Public Promotion Plan.
Information about the procurement is subject to inclusion in the order placement schedule for the year in which the notice of procurement was posted.
The schedule may change, including when the limits of budget obligations (subsidies provided) allocated to the customer change.

In this case, when the schedule changes, the total annual volume of purchases of the customer is also adjusted (letter of the Ministry of Economic Development of Russia dated March 30, 2015 No. OG-D28-4322).

SGOZ and extrabudgetary funds

If a budgetary institution does not have a procurement provision in accordance with Law No. 223-FZ, then extrabudgetary funds are spent according to the rules of Law No. 44-FZ.
Consequently, extrabudgetary funds must be included in the total annual procurement volume.

SGOZ and payment of accounts payable

If accounts payable arise in the financial year in which its payment is made, such amount is taken into account in the SGOZ of the specified year (letter of the Ministry of Economic Development of Russia dated 05/06/2015 No. D28i-1274, dated 06/10/2016 No. OG-D28-7244). Here the issue is resolved not depending on the date of conclusion of the contract, but from the budget of which year the debt is paid.
Accounts payable are included in the SGOZ of that year, at the expense of the limits of which they are paid (letter of the Ministry of Economic Development of Russia dated March 28, 2016 No. D28i-746).

State public health insurance and reimbursement of advance reports to accountable persons

The total annual volume of purchases includes all purchases aimed at meeting state or municipal needs, and in the case under consideration, funds are allocated for the purchase of goods for the customer. This is a daily need for any organization when it is necessary to issue money to an employee, and the employee reports to the accounting department. There is no reason to deduct this money from the SGOZ.
Reimbursement on advance reports to accountable persons for the purchase of goods for the institution for cash must be included in the total annual volume of purchases.

Features of determining the volume of purchases from SMP and SONKO

It is important to remember that the fine for a smaller volume of purchases is 50,000 rubles, the statute of limitations for the offense is from December 31 of the reporting year. The year of prosecution will begin to count only from January 1 of the next year.

Algorithm of customer actions:

Calculate the total annual purchase volume.
Subtract amounts for defense, credit, nuclear, sole source, and closed procurement purchases.
Calculate 15% of the result obtained. This is the amount that should be spent on purchases from SMP and SONKO.
Recalculate the volume received when concluding a contract with a single supplier based on the results of failed procedures.

There is another problem - the recognition of competitive procurement as failed. Previously, according to 94-FZ, in this case the customer gave the contract to the only participant in this procedure. When there is only one participant, the purchase is considered invalid. There is also agreement on concluding a contract with the control body. This approval procedure was introduced for additional control over the customer’s actions.

As soon as this procedure began to be applied, the FAS began to receive too many requests. Therefore, now only the conclusion of a contract with a single participant or a single supplier is subject to approval. For example, a request for quotation is carried out for SMP and for SONKO, in fact there is only one application left. You can give the contract to her without approval from the control body, but the result is an absurd situation - the emergence of a single supplier, when 15% needs to be recalculated during the year. In order not to recalculate 15%, there was a request to take this situation into account in the law, but so far there has been no amendment.

Calculation of the purchase limit from a single supplier (contractor, performer)

“Hundred thousand” purchases at the customer’s choice are:

or 2 million rubles. in year,
or 5% of the SGOZ, but in total no more than 50 million rubles. in year.

The Russian Ministry of Economic Development has repeatedly explained that the frequency of such purchases is not established by Law No. 44-FZ. However, there is a practice of holding customers administratively liable for an erroneous choice of procurement method (“fragmentation” of procurement).

“Four hundred thousand” purchases make up 50% of the SGOZ, but in total no more than 20 million rubles. in year.

Calculation of the purchase limit carried out by requesting quotations

Procurement through a request for quotation amounts to no more than 10% of the SGOZ, but in total no more than 100 million rubles. in year.
If the request for quotations is declared invalid due to the presence of a single application, the contract is concluded on the basis of clause 25, part 1, art. 93 of Law No. 44-FZ, that is, with a single supplier. Such a contract is not included in the ten percent limit.
The annual volume of purchases that the customer has the right to carry out through a request for quotation (10%) is calculated based on the amount of paid contracts from the total volume of financial support for the corresponding year, at the expense of which payment for these contracts was made (letter of the Ministry of Economic Development of Russia dated April 4, 2016 No. OG-D28- 4271).

Formation of the customer's contract service

The contract service must be formed by a customer whose SGOZ exceeds 100 million rubles. If less, there is only the right to form a contract service and the obligation to appoint a contract manager. A contract service is often similar to a commission, meaning they are appointed but the functions are not performed.
The contract service may be a separate structural unit.
If the contract service is not formed as a separate structural unit, then it is headed by the head of the customer or one of the deputy heads.
The minimum number of contract service employees is 2 people.

Questions from participants

A municipal unitary enterprise does not receive budget funds. Purchases are made using money from business activities. What's the logic? Municipal unitary enterprises are being transferred to 44-FZ, and budgetary institutions have received the right to work under 223-FZ.

There is no logic. The adoption of the law was very fast, the bill was preceded by a report from the FAS in September 2014, which stated that procurement was ineffective. Since the end of 2014, the idea of transferring unitary enterprises to 44-FZ began to be discussed. Thus, unitary enterprises are in a worse position than budgetary institutions. But the official bodies are silent, not a single official explanation has been written. There is also an error in the law, where the procurement provision assumes grants (which cannot exist), which can be transferred to 223-FZ if the information is on the official website before December 31. But a new position needs to be placed. The law requires certain actions to be taken before it comes into force.

Will it be a violation if the organization does not have the position of “contract manager”, but simply duties are assigned to one of the employees?

No, this is not a violation.

The work is being carried out according to 223-FZ, how to correctly calculate the SGOZ?

We need to wait for clarification. Some customers use the concept of “total annual volume of concluded contracts.” But it is important that the actual amount may not reflect the actual execution of contracts.

Who should approve the schedule for a municipal unitary enterprise?

Either a manager or another person authorized by a power of attorney. There is a general rule for all institutions.

Is it necessary to approve SGOZ by a local act of the customer?

The institution operates under 223-FZ and 44-FZ. In 2017, there is a plan to completely switch to 44-FZ. How to do this correctly, since the regulations on 223-FZ have already been published?

If the procurement regulation is already posted on the official website, then it can be removed from there only on the basis of a court decision or an order from a control body. It is unclear here who to sue and for what reason there should be an order. But the FAS cannot issue orders without a violation. You can place the procurement regulation in a new edition and write that the procurement regulation no longer applies from January 1, 2017.

When calculating the volume of purchases from SMP and SONKO, is the amount attributable to the sole supplier subtracted from the SGOZ based on actual amounts or initial amounts?

The original one.

Are travel expenses reimbursed by an advance report taken into account in the State Budgetary Inspectorate?

No, business trips are not counted as purchases at all, since business trip expenses are a “guarantees and compensation” category.

Is it possible to appoint a teacher with a higher education as a contract manager in a kindergarten who has completed advanced training under 44-FZ in the amount of 144 hours?

It’s possible, but when will the teacher do his main job? Unfortunately, procurement legislation does not correlate with the Labor Code.