In accordance with parts 2, 3, article 4 of the federal law of July 18, 2011 N223-FZ "On the procurement of goods, works, services certain types legal entities" (Further - Law N223-FZ) customers are required to plan their purchases and place them annually in the Unified information system. Prior to the commissioning of the UIS, all information provided for Law N223-FZ posted on the official website Russian Federation in the information and telecommunications network "Internet" for posting information about placing orders for the supply of goods, performance of work, provision of services (www.zakupki.gov.ru), in accordance with paragraph 10 of article 8 of Law No. 223-FZ (hereinafter - OOS, official site).

The procedure for the formation of a plan for the procurement of goods (works, services) and the requirements for the form of such a plan are established by the Decree of the Government of the Russian Federation dated September 17, 2012 No. 932 ( further - PP RF No. 932).

The terms for posting the procurement plan on the official website are set section III Regulations on the placement of information on the procurement on the official website, approved by the Decree of the Government of the Russian Federation dated September 10, 2012 No. 908 ( further - PP RF No. 908).

The procurement plan must include all procurements planned by the customer, with the exception of procurements, information about which constitutes a state secret (provided that such information is contained in the procurement notice, procurement documentation or in the draft contract), as well as procurements which adopted a special decision of the Government of the Russian Federation in accordance with Part 16 of Article 4 of Law No. 223-FZ. At the same time, the customer retains the right to independently decide whether or not to include “small purchases” in the procurement plan, the amount of which is one hundred thousand rubles or less (and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles , - five hundred thousand rubles or less).

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

• Repair program (repair plan);
• Manufacturing program, which takes into account all purchases that form the cost estimate for the production and sale of goods (works, services);
• Investment program, including technical re-equipment and reconstruction, including in the area information technologies, New construction;
• Other programs.

The procurement plan must be formed for one calendar year (Part 1, Article 4 of Law No. 223-FZ), but there is one exception for customers purchasing innovative or high-tech products, as well as medicines. Such customers, in addition to annual procurement plans, must form separate long-term procurement plans. (see table 1).

Table 1.

Although procurement plans must be approved for one year, and for innovative, high-tech products, medicines for a longer period, the number of adjustments to procurement plans during the year is not limited.

Adjustment of the procurement plan can be carried out, as in the cases established by the RF GD No. 932:

• change in the need for goods (works, services), including the terms of acquisition, the method of procurement and the term for the execution of the contract;
• changes by more than 10 percent in the cost of goods (works, services) planned for purchase, identified as a result of preparation for the specific procurement procedure, as a result of which it is impossible to purchase in accordance with the planned amount of funds provided for by the procurement plan;

So in other cases:

• when it becomes necessary to purchase goods, works, services not provided for by the procurement plans, including in connection with the involvement in the course of the execution of the contract under which the Customer is a supplier (executor, contractor), other persons for the execution of the contract, other persons for the performance of the stipulated contract of obligations of the Customer;
• if there is a need to change the information about the procurement specified in the procurement plans;
• in other cases established by the procurement regulations and other documents of the customer.

Close attention should be paid to the last of the above grounds for making changes to the procurement plan, since in the absence of appropriate references in the procurement regulation, it will not be possible to make changes to the procurement plan already approved by the customer in terms of, for example, correcting the OKVED codes, OKDP planned for procurement products in terms of procurement in electronic form and others.

Important! If the purchase of products is planned to be carried out through bidding (competition or auction), changes to the purchase plan must be made no later than the posting of the notice of purchase and purchase documentation or changes made to them on the official website.

The procedure for posting information on changes to the procurement plan on the official website is contained in pp. 18-19 RF PP No. 908

To post information about making changes to the Procurement Plan, a representative of the customer:

1. Places a procurement plan in the closed part of the official website (hereinafter referred to as the structured view of the procurement plan) or places an electronic view of the procurement plan (i.e. an updated version of the Procurement Plan) in the closed part of the official website.
2. If necessary, together with the structured view of the procurement plan, it places the procurement plan in the form of a graphic image of its original (hereinafter referred to as the graphical view of the procurement plan).
3. Places an electronic form of a document containing a list of changes made in accordance with paragraph 5 of the RF PP No. 908.

The type of document containing a list of changes made is compiled in any form in in electronic format(the concept of "" is given in clause 9 of the RF PP No. 908).

A possible version of the document containing a list of changes made:

In accordance with paragraph 5 of the Regulations on the placement of information on the purchase on the official website,

"On approval of the Regulations on the placement of procurement information on the official website",

the change in the information on the procurement posted on the official website is carried out in accordance with these Regulations with the placement of a document containing a list of the changes made.

CHANGES LIST

(information is indicated in which the Customer makes changes)

1. Procurement method No. 13 "Request for quotations" was changed to "Request for proposals";
2. Purchase No. 100 is excluded from the purchase plan;

(All changes are indicated: those that were made in the form of the site, and those that were made to the attached documents in electronic form. Changes should be described in such a way that it is clear what and where was replaced / added / excluded. file does not exist.It is possible to use a tabular presentation of information.)

Information compiled using the functionality of the official website must match the information posted on the official website and contained in documents in electronic form. Based on paragraph 9 of part I of the RF GD No. 908, in case of a discrepancy, information compiled using the functionality of the official website is considered a priority.

In accordance with paragraph 4 of the RF PP No. 908, changes in the procurement plan are considered to be posted on the official website properly after being posted in the public part of the official website and signing the document containing the specified information with a qualified verification key certificate electronic signature(hereinafter - the electronic signature) of a person authorized to post information on the official website on behalf of the customer (hereinafter - the representative of the customer), in the closed part of the official website, access to which is carried out using an electronic signature, after registering on the official website in the manner prescribed federal agency executive power authorized by the Government of the Russian Federation to maintain the official website (hereinafter referred to as the closed part of the official website, the authorized body).

Consider the algorithm of work on the official website:

1. In the closed part of the official website, the customer's representative, using an electronic signature, enters the Personal Account on the main page of the procurement website: http://zakupki.gov.ru/:

2. Next, on the left side of the screen, click on the link "Register of procurement plans" and a register appears in the working window annual plans purchases of the organization, hovering over the context menu icon, select "Change Project".

3. Filling in the "Draft changes" tab: the main information from the procurement plan, entered earlier in the closed part of the official website when placing the procurement plan, is entered automatically. If necessary, the information is updated. In manual mode, empty fields are filled in: rationale for making changes (1), date of approval of the procurement plan (2). Information under an asterisk is required. After filling in all the necessary information, click the "Next" button (3).

Important! The date of approval of the plan implies the date of approval of the changes, and it is from this date that the system calculates the period (within 10 calendar days) posting information about making changes to the plan on the official website in accordance with with Section 3, Clause 14 of RF PP No. 908.

1. select the path to the file (link "Browse");
2. upload the selected file to the site using the "Attach" button;
3. uploaded files are included in the list of attached files;
4. in documents from previous version put down the relevance;
5. To save the changes made to the Changes Project tab, click the Save button.

5. Changes are published in the "All information" tab in the "REGISTER OF PURCHASE PLANS" by hovering over the context menu icon (select "Publish"). At the project stage, it is also possible to edit the draft changes and delete them, after signing with an electronic signature (i.e. publishing on the official website) there will be no such possibility. After signing, it will only be possible to edit documents by creating new versions, while the previous versions will be in the public domain (clause 6 of the RF PP No. 908) . At Removal of information from the official website is possible only not on the basis of an order from an executive authority authorized to monitor compliance with the requirements of the Federal Law, or by a court decision (part 7 of the RF PP No. 908).

It is also worth noting that from May 16, 2014, the amendments made to the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) came into force. federal law dated 05.05.2014 N 122-FZ (hereinafter - Law N122-FZ). In accordance with them, administrative liability is provided for violations of the legislation on the procurement of goods (works, services) by certain types of legal entities.

The main type of administrative punishment applied when committing these violations is a fine. In some cases, disqualification applies.

Below are the compositions of administrative offenses in the field of procurement of goods, works, services by certain types of legal entities that may be applicable within the framework of the topic we are considering, in case of their violations.

Customers have the right to make changes to procurement plans as many times as required (if necessary - every day). At the same time, you do not need to wait 10 days to place a purchase, you can publish it on the same day, unless otherwise provided by the Procurement Regulations of the customer.

Thus, customers under 223-FZ can make changes to the plan in cases provided for by Government Decree 932 and local acts of the customer.

Speaker: P. Snisarenko

Today we will talk about planning in the light of Federal Law No. 223-FZ of July 18, 2011 No. 223-FZ "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter - Law 223-FZ).

It would be wrong to say that no one was engaged in planning before the entry into force of Law 223-FZ: planning was carried out in all organizations. Another question is that everywhere this happened in its own way, regulated by its own regulations.

And with the introduction of law 223-FZ, the issue of planning, like other issues related to procurement by all corporations, institutions and organizations that fall under the law 223-FZ, became regulated. It must be admitted that it is not strictly regulated.

As well as the entire law 223-FZ establishes only certain areas of the customer's activities, defines certain boundaries of his actions, and all details related to the placement of purchases are regulated by their normative document, that is, the provision on procurement, as stated in the law 223-FZ itself.

How did the need arise for the implementation of procurement planning, which has a general regulation?

In 2011, President of the Russian Federation Dmitry Medvedev delivered a speech at a meeting of the Commission for the Modernization and Technical Development of the Russian Economy in Magnitogorsk, which was subsequently modified into the list of instructions of the President of the Russian Federation No. Pr-846 dated April 2, 2011, which included, among other things, two points, directly related to today's topic of our conversation.

It was instructed to ensure that state corporations and state-controlled companies make decisions to reduce the cost of purchasing goods (works, services) per unit of output by at least 10% per year for three years in real terms; take into account the results of such a reduction as key indicator evaluating the performance of such organizations and their leaders.

The next paragraph, directly related to planning, instructs to ensure the introduction of a procedure for the preliminary publication by the largest state companies of information on planned purchases, including the cost of the relevant goods (works, services), as well as on concluded contracts (contracts).

As you can see, these two issues are directly related to planning: without planning, it is impossible to initially focus on reducing costs if you do not know what the costs were in the past and what costs are planned in the future. The preliminary publication, which the president spoke about, should be considered as a public offering of purchases that are supposed to be made by state corporations, institutions and companies that fall under the law 223-FZ.

Now directly about the law 223-FZ. A significant number of amendments have already been made to it. The latest version to date was approved by the Federal Law of December 28, 2013 No. 396-FZ “On Amendments to Certain legislative acts Russian Federation".

Goals set by law 223-FZ

What are the goals set by the law 223-FZ?

• Expanding opportunities for legal and individuals in the procurement of goods, works, services for the needs of the customer. This question is directly related to planning, because only the expansion information opportunities, which state corporations are now guided by when making purchases, will allow attracting the maximum number of participants. There is a simple logic behind this: the more participants come, the higher the probability that the customer will purchase the products necessary to meet his needs with maximum quality indicators and at the lowest price, that is, with best conditions suggestions.

• Creation of conditions for timely and complete satisfaction of the needs of customers in goods, works and services.

• Ensuring the unity of the economic space. With the introduction of the law 223-FZ, everyone began to purchase according to the same rules. It certainly does not mean the whole country, because there are state and municipal customers who purchase products in accordance with another regulatory legal act - Federal Law No. 44-FZ of April 5, 2013 “On contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law 44-FZ). We are talking only about customers that fall under the law 223-FZ: state-owned companies, institutions, corporations with more than 50% authorized capital state or municipal - let's call them corporate buyers.

• Development of fair competition.

• Efficient use of funds.

• Stimulating the participation of legal entities and individuals in the procurement of goods, works, services for the needs of the customer. While such stimulation is not visible openly.

• Prevention of corruption and other abuses and ensuring publicity and transparency of procurement. Law 223-FZ obliges all corporate customers to post all information about procurement procedures online: the customer is obliged to place all documents related to the procurement on the official website within a certain period established by law; give participants a certain time to prepare applications, answer questions that arise from participants (post a question and an explanation on it on the website without indicating the participant to whom the explanation is addressed); as well as all protocols. Each participant has the right to send a request to the customer about the results of the procurement. This complicated the work of the buyers, but everything was moving towards this.

At the same time, Law 223-FZ does not regulate relations related to the selection by the customer of an audit organization for the mandatory audit of the accounting (financial) statements of the customer in accordance with Article 5 of the Law of December 30, 2008 No. 307-FZ “On Auditing”. How this is done, we will consider later.

Now directly to the question procurement planning. It should be noted here that the law 223-FZ says that the customer is obliged to post on the official website (zakupki.gov.ru) a plan for the purchase of goods, works and services for a period of at least one year. At the same time, the Government reserved the right to establish: the procedure for the formation of a plan for the procurement of goods, works and services; the procedure and terms for posting the procurement plan on the official website; requirements for the form of the procurement plan.

In addition, the customer must also place a plan for the purchase of innovative and high-tech products, medicines for a period of five to seven years. The criteria for classifying goods, works and services as innovative and high-tech products for the purposes of forming a procurement plan for such products are established federal authorities executive power, performing the functions of legal regulation in the established field of activity.

I draw your attention to the transitional provision reflected in the law 223-FZ. The law comes into force on January 1, 2012, with the exception of part 3 of Article 4, which will come into force on January 1, 2015. This article is precisely about the fact that the plans for the purchase of innovative products, high-tech products, medicines until January 1, 2015 are posted by customers on the official website for a three-year period, and from 2015 - for five to seven years.

In the event that the auction is declared invalid.

A complaint may be sent to the antimonopoly authority by mail or facsimile, Email or otherwise. The antimonopoly body is obliged to consider the complaint within seven working days from the date of receipt of the complaint.

Accommodation features orders for a mandatory audit of accounting (financial) statements.

In accordance with the Federal Law of December 30, 2008 No. 307-FZ "On Auditing", the contract for a mandatory audit financial statements organizations, in authorized capital which the share of state ownership is at least 25%, as well as for auditing financial statements state corporation, state company, state unitary enterprise or a municipal unitary enterprise is concluded with an audit organization or individual auditor determined by holding at least once every five years an open competition in the manner established by law on the contract system in the field of procurement of goods, works and services to meet state and municipal needs.

The Government of the Russian Federation has the right to establish:

Features of the participation of small and medium-sized businesses in the procurement carried out by hotel customers;

The annual volume of purchases that these customers are obliged to make from such entities, the procedure for calculating the specified volume;

The form of the annual report on the purchase from small and medium-sized businesses and the requirements for its content.

Questions from listeners

Question: Are there limits on the amount of changes to the procurement plan?

Answer A: No, there are no such restrictions. The main thing is to make changes in a timely manner.

Question: We have posted the Procurement Regulations. Now, taking into account the changes, the Regulations have been changed and approved by its founder. Is it considered in this case that we have changed the Regulation or is it considered that we are approving a new regulation?

Answer: You have already posted it, so make changes

Question: Should the Procurement Regulations specify the procedure for determining the basis for the initial (maximum) price?

Answer: I do not recommend doing this, because everyone will know how you formed the price. Prepare your own normative act, by which you determine the procedure for your purchasing department, which will determine this price. Law 223-FZ only says that the customer must indicate the initial price of the contract, and not explain how it was formed.

Question: If during the year there are no purchases with the placement of a notice on the website, how to properly comply with the law regarding the placement of purchases for small businesses?

Answer: I understand that since your purchases are still going on, it means that you work according to the law 44-FZ. If so, then post information in accordance with this law.

Question: The law states that purchases worth up to 100 thousand rubles are not included in the plan, but the report still reflects all purchases?

Answer: I agree, the report reflects all purchases. But you can include in the plan, you can not include. The law does not say that such purchases should not be included in the report.

Question: All changes made to the Procurement Regulations must be formalized in separate documents - for example, “state in the next edition”?

Answer: Yes, it's better that way, and place it together with the amended Procurement Regulations. A new Regulation and changes to it are posted.

Question: Which OKVED classifier should be used?

Answer: It is necessary to apply the classifier, which is reflected in Resolution 932.

Question: Is it necessary to plan the purchase of medicines for the school medical office in the amount of 5 thousand rubles?

Answer: It is necessary to plan, another question is whether to include it in the plan. Up to 100 thousand rubles can be omitted.

Question: Is it possible to conclude a direct contract up to 400 thousand rubles for budgetary institutions?

Answer: Focus on your Position. If your Procurement Regulations indicate that the price threshold for concluding such contracts is 400 thousand rubles, then sign it.

Question: If the contract was concluded before December 31, it was included in the procurement plan for January, is it possible to remove such a purchase from the procurement plan?

Answer: Can. This is a plan change.

Question: How to identify purchases from small businesses?

Answer: The procedure for classifying entities as small and medium-sized businesses will be reflected in separate regulations.

Question: How to hold an open audit competition?

Answer: Strictly in accordance with the requirements of the law 44-FZ.

Question: How a document containing changes to the procurement plan is posted on the site.

Answer: Just as you place the plan and the modified form of the plan, so are the changes placed. Just attach the document. In what form, you saw - the law allows you to post in several ways; the main thing is that you can selectively read, find information of interest and copy this document to all users of the site.

Question: If the report for January is not posted, what threatens us?

Answer: If according to the law 223-FZ, then nothing so far.

Question: How to purchase diesel fuel under 223-FZ? The price jumps almost every day.

Answer: Indeed, suppliers of fuels and lubricants do not enter into long-term contracts. In this situation, it is necessary either to carry out the procedure more often, or, if the Regulations allow, to conduct direct purchases.

Question A: Goods are purchased for resale. Should it be included in the plan?

Answer: Yes, because you buy them anyway.

Resolution of the second part of the fourth article of the law 223-FZ, the customer is obliged to place his procurement plan in the public information base data for a period of at least one year.

The procurement plan for 223-FZ goods belonging to the categories of innovative products, medicines and high-tech equipment must be placed in the system for a period of 5 to 7 years. Based on this, a paradox arises - the customer is obliged to post information about purchases even if they are not available. talking plain language is an empty plan.

These statements are confirmed by a letter from the Ministry of Economic Development of Russia dated May 22, 2019. Based on it, the annual procurement plan for 223-FZ should be placed in the system. Innovative products, high-tech equipment and medicines should be reflected in the system in a separate document.

In order to get acquainted with the content of the letter, you can use the services of Internet portals. The document is freely available and can be downloaded by anyone. It is worth noting that the letter also contains a clause on the timing of publication for three years, according to most experts, this is a technical error, since according to the law, publishing data for a specified period is impossible.

The formation of a procurement plan, in accordance with the resolutions of September 17, 2012, should be carried out without reflecting in the content of data on purchases made in the amount of up to 100 thousand rubles.

If the annual financial turnover of the organization exceeds five billion rubles, then it gets the right not to reflect in the plan all purchases worth up to five hundred thousand rubles. That is, if purchases were made, but their cost is less than the specified values, then the customer must publish an empty plan.

Basic provisions

When and how to change it

Regulatory act 223-FZ allows customers to change data an unlimited number of times. However, this procedure requires some justification. Correction of the data is simply not carried out.

As you know, the procurement plan is approved for one year. If it is somehow connected with drugs, innovative equipment and technologies, then the publication period becomes even longer. For example, a customer published his plan in 2019, so it is valid at least until the beginning of next year.

Changes to its content are possible only in the following cases:

• there is a need to change the timing or methods of acquisition specific goods or services;
• there is a need to clarify the effect of the agreement;
• the total cost of the purchase changes in any direction by more than ten percent;
• if you need to purchase any goods that are not included in the original version of the plan.

In order to make changes, you need to perform two main steps:

1. Make changes and approve new version plan - this procedure is performed if the original procurement plan is made in electronic or graphical form.
2. Make a separate list of edits. This duty placed on the shoulders of the authorized person. The list can be made in any form, but in electronic format.

Interestingly enough, the provisions of the law do not contain specific rules and conditions for changing the procurement plan. In this regard, when making adjustments, one must be guided by the provisions of the organization, customer documents, etc. If a this opportunity missing, then the changes are made in the same way as the original form of the plan was drawn up.

The step-by-step instructions below describe in detail the process of making adjustments on the official Internet portal.

The procedure is as follows:

1. You need to log into the user's personal account using.
2. Next, you need to go to the "Register of Procurement Plans" section.
3. Next, select the item "Draft changes".
4. You need to click on the button "Procurement plan items".
5. Delete required items.
6. In the "Details" dialog box, you must specify the reasons for making adjustments.
7. In the presented columns, marked with an asterisk, you need to complete the filling in accordance with your changes in the procurement plan.
8. At the end, you need to press the button that says "Complete data entry."

In order to publish new plan procurement, you must use the context menu, where to find the item "Publication". You can make adjustments to the already modified version of the plan before it is confirmed with an electronic signature. In the future, to complete this task, you will have to create a new project.

Violation of any conditions and rules that are associated with procurement is subject to administrative liability. The violator is fined, in exceptional cases he can also be disqualified. The amount of the fine depends on the type of violation, it can range from 2 to 300 thousand rubles.

Rules for compiling and posting

The form of the procurement plan is determined by the subjects independently. However, this does not mean that the organization can skip the stage of regulation of supply planning.

In addition, examples of a procurement plan may be present in the local provisions of form 223-FZ. If the activity of the organization is contrary to the provisions made by it, then this is considered a violation of the law.

Based on this, it can be understood that the general sample for filling out the procurement plan should be as simple as possible in order to avoid misunderstandings in the future. Public procurement plans can be taken as initial data. largest corporations our state.

To achieve maximum convenience of the document, you need to focus on the following tips:

• perform a breakdown of actions into quarters (four points are perceived much easier than twelve);
• accompany each action with a number of requirements and obligations, as well as list documents that are able to regulate the possibility of acquiring a quality product in accordance with the concluded contract;
• be sure to indicate the method of the purchase (auction, direct purchase competition, etc.);
• purchase type ( electronic format or not).

Many people have a question: "do I need a schedule and some additional information."

In addition to the above items, the sample may also include the following information:

• schedule of planned purchases;
• type of operation and its nature;
• price request data;
• information on the quantification of the operation being performed.

From the point of view of official data, the moment of placing the procurement plan in the database is considered to be its publication in the public domain on the official Internet procurement resource. On other services, the plan can be published in any form, it will not be considered official.

Before being published in the open access database system, the planned supply plan goes through a series of checks.

The customer is obliged to provide the administration of the Internet resource must provide:

• provisions and documents that confirm the consolidation of the plan from a legal point of view;
• documents that are approved official contracting authority that has this authority.

The government of our state, after the adoption of 223-FZ, put customers in a difficult position. They are forced to engage in the formation, or rather, changes in their procurement plans, since they need to be reflected in the general system immediately after they are adopted. The open access database makes it possible to make the auctions of the state as open and accessible as possible. Which is quite important, since the level of corruption in our country is very high.

In addition, the adjusted procurement plan must be approved by the owner of the company or other authorized person working in it. Today, the vast majority of purchases, one way or another, are related to the state, respectively, there are a lot of changes in the plans of organizations, but if you do not place data in the system, then errors and shortcomings are inevitable.

Public procurement is a complex mechanism, which includes a huge number of different companies, organizations, etc. Incorrect activity of one member can disrupt the stable operation of the entire process.

In this regard, before starting to trade with the state, it is necessary to fully study the principle of operation of the entire system. Otherwise, you will only get losses from this.

Formation options

Forming a future procurement plan is a rather complicated process that requires maximum exact definition the needs of the entire enterprise.

If the goal of automating departments and services of an organization is not only to carry out processes regulated by law, but also to build a complete and effective system procurement, it is worth paying attention to the methods of working out planning.

The first step is to collect data about the basic needs of your company.

This can be done based on certain sources:

• in the relevant directories;
• in the information of accounting systems"
• with the help of various memos;
• based on completed procurement plans.

It is important that after choosing the method of generating needs, it must be reflected in the procurement document and placed in the EIS. Both documents must be created in electronic format.

Some customers do not know the answer to the question: "when it is necessary to place this data." The period for publishing updated information cannot exceed fifteen days from the date the changes were accepted. Otherwise, the company is subject to administrative liability.

Planning

Order 223-FZ says that the customer is obliged to publish data on his planned purchases on the official Internet resource. The data is published in the public domain for each visitor to the portal. However, this happens only after the final approval of the procurement plan using electronic signature technology.

If the cost of future purchases does not exceed 100 thousand rubles (for organizations with an annual turnover of more than 5 billion rubles, this amount is five hundred thousand), the customer is still obliged to post the data. In this case, you must publish a zero plan.

According to the Decree of the Government of the Russian Federation under the number 932, the procurement planning process must include absolutely all information about the purchased goods, services and works.

There is one exception, its essence lies in the fact that the plan cannot reflect information about goods if they are a state secret and at the same time confirmation of this information is present in the corresponding notice.

What is included in the procurement plan under 223-FZ

From the beginning of 2019, the execution of purchases at the expense of the following funds should without fail reflected in the plan:

• through grants;
• as a contract performer;
• at the expense of extra-budgetary funds (income received by another type of activity).

In addition to institutions and organizations of the budgetary type, this law also includes:

• municipal and unitary organizations;
• autonomous organizations created by the municipality;
• economic societies and their subsidiaries, most of whose assets are owned by municipal organizations.

Publication dates

In accordance with the provisions under number 908, adopted by the government of our country on September 10, 2012, the publication of information on changes made to active procurement plans must be carried out within fifteen days (including holidays and weekends) after their approval.

The placement of the original plan for the whole year must be completed no later than December 31st of the calendar year. Officially, the plan is considered to be fully placed if its well-structured electronic form or a chart.

Otherwise, the customer is considered to have overdue the publication period and may be subject to administrative liability.

Customers working under the Law on Procurement by Certain Types of Legal Entities must plan their procurement activities. See this article step by step instructions for the preparation and placement of the procurement plan for 223-FZ for 2019.

Procurement plan for 223-FZ for 2019: instructions

How to fill out the procurement plan under 223-FZ is stated in the Government Decree of September 17, 2012 No. 932. This regulatory legal act contains the requirements for plans, the necessary items that should be included in them, as well as the approved form of these documents .

Include in your plan:

• customer data - name, address, contacts;
• a serial number that is sequentially assigned to each purchase in chronological order;
• subject of the contract;
• procurement code indicating the section, class and subclass in accordance with OKVED 2 and OKPD 2;
• requirements for the product that the customer has set (functional, technical and quality characteristics can be indicated here);
• data on the quantity of products and units of its measurement;
• the region in which deliveries are made, work is performed or services are provided;
• contract price;
• date of publication of the procurement documentation in the EIS;
• contract time;
• purchase method;
• an indication of the form in which the procurement is carried out (electronic or not).

In addition, data are entered on purchases from small and medium-sized businesses, as well as on purchases of innovative, high-tech products and medicines.

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How to create a procurement plan for 223-FZ: step by step instructions

To view information about purchasing plans in personal account EIS, log in and in the "Purchase Planning" section, select "Purchase Plans". Next, we will give instructions on creating a procurement plan for 223-FZ for 2019.

In the registry, click on the hyperlink "Create Purchase Plan", it is located under the search block. In the "Type" field, check the box depending on the type of procurement plan: "Procurement plan for goods, works, services" or "Procurement plan for innovative products, high-tech products, medicines." Also select the period for which the document is being created.

Verify that the customer information in the Customer Organization Information field is correct. It loads automatically. The "Planning period" field is also filled in automatically. Fill in the required "Approval Date" tab. Click on the "Next" button. The system will check the data and report if it finds errors.

You can add procedures on the "Procurement plan items" tab. To do this, click on the hyperlink "Add Position". It is important to know that if you have an original hosted purchase plan (for example, for 2018) with a long-term position (for example, with a contract year of 2020), when you create a document for 2019, the long-term position from the original hosted plan is automatically copied to it.

Question from practice

Should a newly established autonomous institution post a 2019 procurement plan at the end of 2018 if the original procurement plan was posted for April 2018 to April 2019?

There is no obligation. Neither Law No. 223-FZ, nor Government Decree No. 932 dated September 17, 2012 contain a requirement to draw up a procurement plan within a calendar or financial year.
At the same time, the term for preparing the procurement plan, as well as the procedure for preparing the draft plan, the customer determines independently. Therefore, the customer can create a purchase plan in 2019 until December 31, 2020, and then switch to the plan within the calendar year. The conclusion follows from part 2 of article 4 of Law No. 223-FZ, paragraph 10 of the Rules from resolution No. 932.

See more recommendations and answers to questions in the article "Planning for 223-FZ: how to create and place procurement plans in the EIS"

We proceed to fill in the information about each purchase. The "Customer" field is filled in automatically. In the "Purchase type" field, check the box: "Planned" or "Actually placed". For the "Actually placed" value, the "Notification" field is additionally displayed. Only notifications with the status "Placed" and the stages "Submission of applications", "Commission work", "Purchase completed" are available for selection, in which the organization specified in the "Customer" field appears as a customer or participant in the joint purchase of the notification lot. After selecting a purchase release, the "Lot" field is displayed. From the drop-down list, select the required lot of the notice selected in the "Notice" field. To continue forming a procurement plan item, click the "Continue" button.

The tab "Information about the position of the procurement plan" is filled in automatically by the system. In the fields "Date of placement of the notice" and "Due date for the execution of the contract", set the required periods. In field "Purchasing method" select the type of procedure from the drop-down list. If necessary, check the boxes "Purchase, the participants of which are only small and medium-sized businesses", "Purchase of goods, works, services that meet the criteria for classifying innovative products, high-tech products".

Next, fill in the fields in the "Information about the subject of the contract" section. In the "Information on purchased goods, works, services" block, in the "Method of specifying the region of delivery" field, check one of the two fields: "Uniform for all goods, works, services" or "Separate for each product, work, service" in depending on how you want to specify the delivery region method.

In the "Adding position" block in the fields "OKPD 2" and "OKVED 2" select the required codes from the directories. You must enter at least the first three digits of the OKPD2 code or at least four characters of the OKPD2 position name to start searching the database. Select the required value and click on the "Add" hyperlink located to the right of the field. The selected value is displayed in the OKPD2 field.

Fill in the fields "Quantity (volume)" and "Unit of measurement". If necessary, check the box "Unable to determine the quantity (volume)".

After filling in the fields of the "Add position" block, click on the "Add position to the table" hyperlink. The added information is displayed in the Goods, works, services table.

After adding the required number of plan items on the "Purchase plan items" tab, click the "Next" button. You will be transferred to the "Documents" tab.

To attach a document, click on the "Browse" button, select the document, enter a description of the file in the appropriate input field, and click on the "Attach" button.

If you need to cancel unsaved data, click the "Cancel" button. last changes". To complete the formation of the procurement plan, click on the button "To complete". The created purchase plan item is displayed in the list registry entries Purchasing Plans page.

How to publish a procurement plan under 223-FZ on the EIS website: instructions

Let's move on to the placement of the procurement plan for 223-FZ for 2019. Before publication, the document must be prepared. To do this, select the "Prepare for placement" item in the context menu. The system checks the data and warns the user if any errors are found. If there are no problems, you will be transferred to the "In Placement" tab, the status "Ready for Placement" will appear there.

If any violations are detected, the procurement plan goes to the "In Placement" tab in the "Preparing for Placement" status. To confirm the publication of the plan, click on the "Post" button. The system displays printed form purchase plan information. Click on the "Subscribe" button, after which all information will be successfully posted. The placement status will change to "Placed".

How to make changes to the procurement plan under 223-FZ: step by step instructions

To make changes, select the procurement plan and click on the "Create change project" tab in the menu. Make changes and provide justification for the change. The further procedure is similar to that described above. In the required field "Reason for making changes", check the current reason.

When you select the line "Other case established by the procurement regulations and other documents of the customer", the mandatory field "Justification for making changes" is additionally displayed, which must be filled in. After making changes, click on the "Finish" button. The position will change to the "Changed" status.

Procurement plan under 223-FZ: terms of placement for 2019

The customer determines the term for preparing the procurement plan independently, taking into account the requirements of his position, as well as regulatory legal acts. It is important to observe the periods established by law: place the plan in the EIS within 10 days from the date of approval by the management, but no later than December 31.

Attached files

• Procurement plan form according to 223-FZ.docx

Procurement conducted by enterprises with a high share of state participation is carried out in accordance with Law No. 223-FZ. Drawing up and placing in public access a plan for such purchases is a necessary procedure for the customer, and the procedure for drawing up the plan depends on the initial price of the contract with the contractor, the objects of the purchase and the methods of its implementation.

Depending on the objects of procurement, there are two main options for the formation of a procurement plan according to 223-FZ:

• for a period of at least one year;
• for a period of 5 to 7 years.

For a period of 5-7 years, a plan is formed if the objects of procurement are innovative or high-tech goods or services, as well as medicines. Otherwise, the minimum plan duration is one year.

The procedure for drawing up a procurement plan depends on the method of its implementation, the main methods include:

• contract with .

The procurement plan for a limited number of persons is not posted in the EIS.

Fragmentation of purchases

It is important to take into account that the customer may not include purchases in the amount of less than 100,000 rubles in the plan, and if the organization’s annual profit exceeds 5 billion rubles, then the plan may not include purchases in the amount of up to 0.5 million rubles (part 15 of article 4 of the law No. 223).

In this regard, customers often carry out the splitting of purchases, that is, the division of one large purchase into several smaller ones, for each of which contracts are less than 100,000 rubles, in order to exclude such purchases from the plan and determine the contractor at their discretion.

Control authorities distinguish the following signs of fragmentation of purchases:

• multiple purchases one and the same ;
• identical conditions for a number of small purchases one customer;
• choice of the same for several similar purchases in a non-competitive way.

Customers can justify the signs of splitting by the need for different delivery times for one product or by the monopoly of the current contractor on the market. It is important to take into account that unjustified splitting can lead to administrative liability in the form of a fine of 30,000 rubles (Article 7.29 of the Code of Administrative Offenses).

Instructions for forming

Creating and publishing a procurement plan occurs in the following order:

1. The customer determines the volume of necessary goods, works or services, as well as the timing of their delivery.
2. A procurement regulation is being developed for the next calendar year.
3. Based on the provision, a procurement plan is drawn up and approved.
4. The procurement plan is located in.
5. If necessary, the plan is amended.

The customer must publish the plan in the EIS within 10 days after signing the order to approve such a plan, while the plan for the next year must be published before December 31 of the previous year (clause 14 of Resolution No. 908).

The following information must be included in the plan:

• contact details and details;
• plan number since the beginning of the year;
• subject of each purchase;
• descriptions of objects of procurement(goods, works or services);
• units procurement objects;
• delivery region;
• purchase method and starting price(if necessary);
• terms of the contract;
• nature of the procurement(with or without involvement);
• information on the presence in the list of objects of medicines or innovative products;
• information about participation in the procurement of small or.

As the subject of the procurement, you must specify the provision of services, the supply of goods or the performance of work. Descriptions of procurement objects should allow them to be uniquely identified, as a template for describing objects on the procurement portal (KTR) or information from of the All-Russian classifier products (OKPD 2).

It is important to know that when creating a procurement plan for high-tech or innovative goods, as well as medicines with the involvement of small and medium-sized businesses as contractors, the draft plan is checked and evaluated by regulatory authorities for compliance legislative norms(clause 4.1 of Decree No. 932).

The plan should be divided into periods equal to a quarter or a month. Purchases with an initial price below 100,000 rubles should be marked in the plan with zero values, indicating only the number and date of the purchase.

How to make changes

• when the need changes in goods or services;
• when changing the required deadlines order execution;
• when the value changes the necessary objects by more than 10%;
• otherwise provided for in the Procurement Regulations.

If, when preparing for the purchase and calculating the initial price, it turns out that the increase in the cost of purchased goods on the market does not allow meeting the planned costs, the plan is adjusted in accordance with paragraphs. “b” clause 8 of Resolution No. 932.

The rationale for the changes made is indicated in the plan, if it is provided for by the Procurement Regulations.

Changes can be published in the EIS within 10 days after the signing of the order to adjust the plan. If the purchase is carried out in the form of a tender or auction, then changes to the plan after the publication of the final version of the notice of purchase are not allowed (clause 9 of Resolution No. 932).

Electronic plan procurement reflects basic information about the number of objects needed by the customer, their characteristics and delivery times. You can avoid mistakes when placing a procurement plan by detailed description all positions standard form plan, taking into account the requirements of the procurement legislation.