What benefits does small and medium-sized businesses receive when participating in public procurement. Public procurement business from scratch: step-by-step instructions Government orders for small businesses

Criteria for small and medium businesses:

44-FZ

The law uses the term "small business entities", or SMEs. Dedicated to the conditions of participation.

Quotas for NSR

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

What purchases does SMP participate in?

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

The initial price of such purchases should not exceed 20 million rubles. To participate in them, the organization provides a declaration of belonging to a small business. In electronic procurement, the declaration is formed by the trading platform itself, you only need to sign the document with an electronic signature. For paper purchases, use the declaration form provided by the customer or our template.

The customer can make purchases from small businesses by any competitive procedures:

• (including limited participation competition, two-stage competition)

What benefits apply?

1. Representatives of the SMP may not provide the contract with money if they have experience in the execution of government contracts (clause 8.1 of article 96 of the 44-FZ):

• There must be at least three such contracts and they must be executed without fines and penalties.
• Amount of submitted contracts- not less than the NMC of the current purchase.
• Information about contracts must be entered in the register of contracts. The extract from it the winner will confirm good faith.The amount of the security is calculated from the price of the winner, not the NMC.

2. In public procurement with advantages for SMP and SONPO, the customer will set the size of the contract security based on the price of the government contract, and not the NMC.

For example, the customer holds an auction among SMEs for the purchase of equipment for computer classes with the NMC for 2,530,000 rubles and set the contract security at 5%. The winner dropped to 1,980,000 rubles. Consequently, the provision of the contract will not be 126,500 rubles. (5% of the NMTs), and 99,000 rubles (5% of the winner's price).

The same rule applies to purchases with a 25% reduction when anti-dumping measures are "switched on". But in any case, the provision of the contract should not be less than the advance payment.

3. The customer must return the contract security and pay for the goods / work no later than 15 working days from the date of signing the acceptance certificate (part 8 of article 30 of 44-FZ). These items must be included in the contract with SMP.

223-FZ

The law uses the term "subjects of small and medium-sized businesses" (SM&ME or SME). The rules for the participation of SMEs in procurement under 223-FZ are spelled out in article 3.4, and there is also government decree No. 1352, which regulates such procurement. Customers are controlled by JSC Federal Corporation for the Development of Small and Medium Businesses.

Quotas for SMEs

Customers must purchase at least 18% of the total volume of goods, works or services from SMEs. The quota includes only signed contracts. The winners in purchases are taken into account:

• Only SMEs could participate.
• The winners in which are obliged to attract SMEs for subcontracting: procurement participants describe in their applications a plan to attract subcontractors from among SMEs.
• “On a general basis”: in which any supplier could participate, but SMEs won.

At the same time, 15% of contracts must be concluded strictly among SMEs. If the announced purchase among SMEs did not take place, it will not be included in the report.

What kind of procurement can SMEs participate in?

The government has obliged to purchase goods from small and medium-sized businesses with only four types of competitive procedures - auction, tender, request for quotations, request for proposals. All these purchases arecompetitive in accordance with 223-FZ, so the customer:

• Responds to the request for proposals within three working days from the date of receipt of the request (if such a request was not received later than three working days before the deadline for applications).
• Can cancel the purchase, only until the deadline for accepting applications has ended and in case of force majeure.
• Extends the application deadline if something has changed in the documentation.
• Concludes a contract with the winner not earlier than 10 days and not later than 20 days from the publication of the final protocol.

Purchases from SMEs under 223-FZ are carried out only at eight state procurement ETPs (the same ones where all purchases under 44-FZ take place).

The Public Procurement Law has been in force for more than 10 years. However, many entrepreneurs are hesitant to apply for participation in competitions and auctions. These are unjustified fears. The requests of organizations are very diverse, and the volume of supplies, taking into account the total course for savings, are quite affordable for small businesses.

Many entrepreneurs successfully build a business on public procurement, but there are also those who find the ordering system too complicated. He simply does not believe in a real opportunity to get a "piece of the state pie" - and in vain. For all its shortcomings, it is more transparent than many other commercial schemes, and you can master it if you wish. At the end of the article, we will give an interview with the owner of the MP, whose revenue is 80% secured by government contracts.

Public procurement and state order, regulatory documents

Main regulatory documents:

1. No. 44-FZ of 04/05/2013 - "Law on the contract system in the field of procurement of goods, works, services to meet state and municipal needs."
2. No. 223-FZ of July 18, 2011 - "On the procurement of goods, works, services by certain types of legal entities."

All applicants for obtaining a state or municipal order for the supply of goods, the provision of services or the performance of work are equal before the law. This is the essence of the existing rules that govern the conclusion of such contracts.

Customers of services, goods in the system are state, municipal:

1. executive agencies;
2. companies, corporations, natural monopolies (for example, Gazprom);
3. autonomous, unitary enterprises; budget institutions;
4. enterprises providing water, gas, heat supply;
5. organizations with a share of state, municipal participation of more than 50%.

A legal entity of any form of ownership, an individual entrepreneur can become a supplier, regardless of location, registration (since 2015, with the exception of those registered in offshore zones). Customers are obliged to use competitive methods for selecting contractors (Fig. 1). The winner is the participant who offered the lowest price, the best conditions. The public procurement rules for small and medium-sized businesses establish significant benefits, which we will discuss below.

General requirements for suppliers of goods, service providers:

1. compliance with legal requirements and restrictions;
2. no suspension, bankruptcy, liquidation;
3. tax debt is not more than 25% of the value of assets.

The entire procurement process, from drawing up plans to determining suppliers and signing a contract, is carried out in the Unified Information System - UIS (www.zakupki.gov.ru). In fairness, it should be noted that customers complain about its complexity even more than business representatives. Strict requirements are imposed on them, and such sanctions are established for violation of the order that the expression “fine on credit” appeared among civil servants.

In 2015, the FAS Russia initiated 22,063 cases under the Code of Administrative Offenses for violations of Law No. 44-FZ, issued fines - 18,966, recovered - 158.3 million rubles. Of these, 6,425 cases were for approving procurement documentation that did not meet the requirements (5,469 fines); 5,237 - for violating the procedure for selecting suppliers (3,452 fines). Data from the report of the Ministry of Economic Development.

How the work of the EIS is organized

Now the UIS works exclusively as a technical system, performing such functions as:

1. formation, processing and storage of data on the state order;
2. providing access to suppliers to submit applications;
3. ensuring the exchange of electronic documents with EDS.

Since 2017, it will perform control functions: to check whether the procurement plan corresponds to the amount of allocated state funding, and the terms of the concluded contract - to the documentation for the application and protocols. Government customers will be required to carry out purchases strictly on schedule.

What information does the customer provide?

When making a specific purchase, he must enter the following information, including all subsequent changes:

1. purchase notice;
2. documentation, explanations;
3. draft agreement.

The term for making changes is 15 days, and when essential conditions change at the conclusion of the contract and in the course of its execution: price, terms, volumes - 10 days. The information is kept up to date.

Example of searching for information about placed contracts

By opening the main page of the public procurement website (Fig. 2), by clicking the "Suppliers" button, you can view the complete register of placed orders and purchases. Below on the right there is an exit to the list intended only for small businesses.

For example, here are the search results for several randomly selected queries:

1. stationery - 5200;
2. spare parts for cars - 3;
3. medical supplies - 43;
4. repair - 800,000;
5. audit services - 243;
6. refilling cartridges - 192;
7. furniture - 74,000;
8. repair of copiers - 703;
9. IT services - 793;
10. household goods - 2700;
11. detergents - 3600;
12. tools - 7600.

By selecting, for example, a specific order in the registry - public procurement for small businesses, you can view full information about the conditions by pressing the application number (Fig. 3).

Preferences for small and medium businesses

The participation of small businesses in public procurement is regulated by Article 30 of Law No. 44-FZ. It sets a minimum share for SMEs and SONCOs of 15% of the total annual volume of placed purchases. At the same time, they can apply in any auctions and competitions, including closed and with limited participation - if they have a license or permission for a certain type of activity.

The customer can select applicants from among SMEs in two ways (No. 44-FZ):

1. limit applicants directly in the notice, while the initial (it is also the maximum) price of the contract should not exceed 20 million rubles (part 3 of article 30, paragraph 4 of article 42).
2. establish a requirement for a participant (any) to attract SMEs as a subcontractor, indicating the amount of participation in% of the total cost; then the restrictions do not apply (part 6, art. 30).

An enterprise, an individual entrepreneur must comply with the conditions of Article 4, No. 209-FZ, July 24, 2007. Until August 1, 2016, the law is applied in the old version. After this date, all NSR entities will be entered in a single register, which will be posted on the official website of the Federal Tax Service. This will allow customers to receive reliable information about the supplier. Now the participant submitting the application provides only a declaration of conformity with the SMP.

According to the report of the Ministry of Economic Development in 2015, 15% of the quota for participants - representatives of small and medium-sized businesses was completed. Representatives of this segment received about 490 billion rubles from the budget only under direct contracts (without subcontracting). The head of the department himself (an interview with the Kommersant newspaper) considers the figure to be too high, but according to him it is no less than 400 billion rubles (Fig. 4).

The total number of applications in 2015 is 10% more than in 2014, and the average number of applicants per order worth up to 10 million rubles increased from 2.6 to 3.5. The prevailing method of determining the supplier (executor) is electronic auctions (56.6%).

The procedure for selection at the electronic auction (EA)

The procedure for conducting the EU is regulated by articles 59-71 of Law No. 44-FZ. When the customer conducts selection by this method, the following information must be indicated in the notice:

1. Internet address of the electronic site;
2. the deadline for accepting applications;
3. the date of the auction;
4. the amount and form of participation provision;
5. restrictions on participants (SMP, subcontracting);
6. conditions for admission of foreign goods.

Currently, there are 5 electronic platforms: CJSC Sberbank-AST (www.sberbank-ast.ru), JSC Unified Electronic Trading Platform (www.roseltorg.ru), State Unitary Enterprise Agency for State Order (www.zakazrf. ru), CJSC "Electronic Trading Systems" (www.etp-micex.ru), LLC "RTS-tender". Three diagrams are shown below, illustrating the process of conducting such tenders.

What do you need to bid

Participation in the EU is free, but in order to have access to the auction, you must obtain accreditation at a specific site. To do this, the operator is sent a package of documents in electronic form, signed with an EDS (requires a separate one for each):

1. a standard form statement;
2. extract from YUGRUL or USRIPP;
3. a copy of the passport of the participant (individual);
4. copies of decisions, orders for the person receiving accreditation on behalf of the company;
5. constituent documents of a legal entity (copies);
6. TIN, email address;
7. a document confirming the authority of the head;
8. decision on the right to make large transactions (if required).

To understand in more detail how the public procurement business works, we present an interview with real bidders.

Interview with Galina Mishina, KCLR Protex-Garant LLC, Novokuznetsk

Brief information. The Kuzbass Center for Treatment and Rehabilitation has been operating since 1992. In all respects, it corresponds to SMEs, the number of employees is 39 people. The main direction: the production of technical equipment for disabled children: supports, tables, chairs, as well as orthopedic products and devices for the development of fine motor skills.

Since a significant part of such equipment is purchased through the Social Insurance Fund (FSS), the company is actively working on public procurement. Galina Borisovna answered several of our questions.

Hello Galina. Please tell us what share of your business is government procurement? How long have you been working in EIS?

State orders under contracts with customers account for 80-90% of all activities. The exact figure depends on the capabilities of the enterprise and federal funding for social programs. We have been working with them for a long time, from the day of foundation. Before the UIS, we also worked, but through paper media, which was very inconvenient and unreliable.

How is the work organized, how many people are looking for orders? What are the main problems?

Work on drawing up an application (technical offer) and submitting it to the site, participating in an auction (or quotation), as well as verifying and signing a contract is carried out by specialists of the commercial department under the supervision of a lawyer. There are 4 people in the department, all of them have a legal or economic education. Each specialist is assigned to certain regions of the country, with which we work under government contracts. There are no special problems in terms of accreditation and formation of applications.

Who are your customers, do prices vary greatly? How many competitors do you have?

The customers are the branches of the FSS in the regions, the Ministries, which have been delegated the powers of the FSS to provide means of rehabilitation for children. They set prices themselves on the basis of 44-FZ. Sometimes the initial price is equal to the cost of products and delivery to the place. In this case, we decide not to participate in the auction. If the price is acceptable, then we calculate to what price we can fall. Of course, there are competitors. Sometimes we ourselves are surprised when we see in the list those companies that buy equipment from us.

Is it difficult to work with government agencies? How do they meet payment deadlines? How often are there litigations?

There are always problems, but not on payment, but on other points. There are those who do not understand that products are made for disabled children, and they are not the same. If they are targeted, taking into account all individual characteristics, then this gives a rehabilitation effect. Documentation, competently drawn up by the customer, is a half-fulfilled contract; when everything is clear: what, to whom and what product. However, some of them make up a technical task of four lines and do not take into account the various pathologies of sick children. Most of the time they are the problem. The child does not need what is written in the terms of reference, the recipient asks to change, and we do not have the right under the contract. And the customer doesn't care. This is where the pre-trial correspondence begins. There are few ships, but there are.

In your opinion, can individual entrepreneurs and small businesses participate in public procurement? Is there a real chance for a small business?

Enterprises should take part in auctions, this is the future. However, if the form of ownership is an individual entrepreneur, then it must be remembered that if the delivery time is violated, large fines will be imposed, and the individual entrepreneur (unlike an LLC) is liable with all his property. Therefore, before submitting an application, you must first study the Supplier's Responsibilities in the draft contract, which is attached to the documentation. If everything is in order, then go ahead!

Summing up.

When selecting suppliers for public procurement, small and medium-sized businesses have legitimate advantages. Given the solvency of the counterparty, entrepreneurs can plan their activities and reduce risks. Technically, mastering the procedure is no more difficult than the services of the Federal Tax Service, PFR. Of course, any contests and auctions have their own “tricks”, but this is already a matter of experience. It is hardly worth resorting to the help of intermediaries offering services for searching for government orders, it is more practical to master the skills of working with the EIS and electronic platforms yourself.

In the context of the financial crisis, public procurement is one of the few life-saving opportunities for private business. This is an opportunity not only to stay afloat, but also to get help for active development. Some experts are of the opinion that with the introduction of FZ-44, state orders for small businesses have become practically inaccessible.

How the system works

Declaring support for small businesses, the Government of the Russian Federation could not help but enshrine the legal basis for such support in the legislative acts of the state.

In the field of public procurement, such support was reflected in the provisions of the Law on the contract system, which oblige state customers to give 15% of the monetary volume of all orders to small businesses. The fulfillment of these indicators is controlled through the mechanism for posting relevant reports on the public procurement website.

As such, government agencies do not bear responsibility for non-compliance with this norm, but, according to official regulatory bodies, low efficiency indicators for attracting small businesses to the state order negatively affect the assessment of the performance of managers of state structures.

Thus, when planning its procurement activities for the next year, the state customer still allocates the required percentage of government orders for small businesses, and the main task of small businesses is to receive this order.

Where to start

Entrepreneurs who have already gone through all the stages of participation in the procurement auction and have a certain number of defeats and victories along the way in their track record are advised to start with training. Each municipality (city, district or regional center, etc.) has consulting and information structures for working with government orders.

A small business representative who wants to expand the market for their products by obtaining an order from state or municipal structures has two options to start working in the field of public procurement:

1. Hire a certified specialist who will participate in tenders in the interests of a businessman.
2. Learn on your own or train one of your employees how to work with electronic tenders.

The main advantage of the first way is the ability to immediately start with your offers on the stock exchange. There are two main disadvantages:

• high cost of services of a certified specialist;
• lack of prospects for independent participation in tenders (it is impossible to count on the fact that a specialist will train one of the employees).

If we talk about the second way, then it has only one drawback: a novice businessman will need some period (perhaps a long one) to master the necessary wisdom of participating in procurement tenders.

Temporary delay in receiving real orders is a serious negative point. But on the other hand, if an entrepreneur decides on such a delay, the knowledge and skills that he will acquire by comprehending the science of working with a state order will open up a new long-term perspective for him to develop his own business.

Where and what to study

Today, there are several opportunities for small businesses to gain basic knowledge in the field of participation in procurement tenders:

• public courses at small business support centers (two- or three-day seminars provide a general overview of public procurement and prepare the student to acquire more specialized knowledge);
• paid courses conducted by lecturers - professional bidders both on the part of suppliers and on the part of customers;
• paid and free webinars.

Each of these forms of education has its own disadvantages and advantages. Therefore, during the training period, it is recommended to use all sources of information to obtain the necessary tools that will enable you to start making money on public procurement as quickly and efficiently as possible.

If we talk about what an entrepreneur can learn through training, then this is first of all:

• the procedure for processing documents for obtaining an electronic signature and mastering the rules for using an electronic digital signature in their daily activities;
• the procedure for accreditation on electronic procurement resources;
• search for promising tenders;
• nuances of studying the technical documentation of the customer;
• preparation of proposals for bidding;
• execution of contracts;
• challenging the decisions of the customer in the Federal Antimonopoly Service.

Each item of the presented program is considered taking into account those features that are inherent in representatives of small and medium-sized businesses.

The specifics of the participation of small businesses

The main features of procurement by small businesses lie in the plane of financial and documentary support for participation in public procurement.

If a large enterprise can afford to buy software, pay bid bonds and perform work, or sell products up front, then for small companies, all these financial risks can turn into a complete failure.

By the way, this is one of the main reasons why representatives of small and medium-sized businesses are in no hurry to get involved in the public procurement system.

What financial expenses will the entrepreneur have to bear when deciding to receive a state order:

1. From 10 to 15 thousand rubles must be spent on the purchase of an EDS (electronic digital signature) and software for it.
2. Equip the workplace of the PC operator according to modern standards.
3. To participate in electronic auctions, the supplier must make a financial security, the amount of which is determined by the customer (from 0.5% to 5% of the contract amount), participation in the tender is secured by a bank guarantee. If the supplier-participant has not won the auction, the fee must be returned to him within 5 working days from the date of the announcement of the winner of the auction.
4. The customer shall pay for the work performed or the delivered goods only after the supplier has fully fulfilled the terms of the contract. In fact, entrepreneurs fulfill the contract for their own money, hoping that the state or municipal customer will return this money.

During the training, small businesses receive information on how to assess the level of benefits from participating in tender purchases, how to identify problem customers and how to assert their rights if they have been violated.

This is the purchase by the state of goods, works or services.

Public procurement is the same market for goods and services with one caveat: the buyers are state, regional and municipal enterprises and organizations. They also need regular paper clips and pencils, medications, office furniture or their own website. They need to maintain and restore buildings, take out the trash and lay the Internet and telephony.

Simply put, public procurement exists in any area and in any region. They are interesting for business, because the state is a good partner. A supplier can be a legal entity, an individual entrepreneur or an individual. Money for public procurement is included in the budget, so you are guaranteed to be paid for the goods delivered or the service performed.

Why participate in public procurement?

This is a good market.

State organizations are a significant part of our economy. According to the FAS, the share of the state in Russia's GDP has doubled in 10 years. In 2005, it was 35%, and in 2015 - 70%.

In addition, it raises the level of trust in your company and has a good effect on the reputation. Therefore, one should not lose sight of such a significant layer of the economy.

I don't understand anything about public procurement. How to participate in them?

Public procurements come in different sizes. If the cost of purchases is more than 100 thousand rubles, information about them is posted on the website zakupki.gov.ru. You look for a suitable competition, submit an application and participate in an electronic auction. This is not such an easy process, but if you want to compete for a significant part of the market, then you should understand this. The main thing is to be patient.

There is an easier way to participate in public procurement, without tenders and auctions. It is of interest to small and medium-sized businesses due to the simplified participation procedure and small amounts of contracts. It looks like this: you offer your product or service to a government agency, and it chooses a supplier and concludes a contract.

Such a procurement option is possible if their cost does not exceed 100 thousand rubles (or 400 thousand rubles if the purchase is made by educational organizations or cultural institutions: zoos, planetariums, parks of culture and recreation, theaters, philharmonic societies, libraries, and so on). Such purchases are called small volume purchases.

How to participate in small volume purchases?

The fact is that, according to No. 44-FZ, which regulates public procurement, information on small-scale procurement can not be published anywhere. It is believed that they are insignificant and it is not advisable to hold auctions because of such amounts. Therefore, state customers usually look for goods without competition (often choosing not the most profitable offer and spending budget money inefficiently), and entrepreneurs cannot offer their services.

Moscow took a different path. To save the budget and attract small and medium-sized businesses to public procurement, the city leadership has created a single supplier portal. Not a single state or municipal institution in Moscow can conclude a contract for small volume purchases without going through the site. To use an analogy, you cannot buy bread without going to the store to get it.

The Moscow Supplier Portal is focused on small-volume purchases up to 100 thousand rubles (or 400 thousand rubles if the purchase is made by cultural institutions or educational organizations). In addition, the portal hosts non-competitive purchases of medicines by decisions of medical commissions.

And what is the Moscow supplier portal?

This is an Internet platform where the city posts information about small-scale purchases and provides small businesses with access to the market for goods and services with a turnover of about 20 billion rubles a year.

Individual entrepreneurs and small businesses participate in public procurement in Moscow without auctions and unnecessary troubles. Anyone can place an offer on the portal, and city customers (more than 2.5 thousand of them) choose the best offer. In fact, this is a store where you place your goods or services, offering them to the state.

Public procurement on the website is carried out electronically. View orders and offer your services to state and municipal organizations and institutions without leaving your home.

The feature of the portal is that all procurement data is open and everything is transparent. You can see:

• Procurement plans of government agencies and institutions for the coming year (in the "Plans" section).
• Offers and prices of competitors (in the "Offers" section).
• Transaction history for each registered supplier or customer (in the Purchasing section).
• Concluded contracts (in the "Contracts" section).

In the field of public procurement of small volume, clear and understandable rules have appeared that any entrepreneur can study. The chance of getting a government order in such a system is much higher: you study the market and offer the best option available. At the same time, you do not reduce the price below the market price, do not work at a loss, but sell a product or service at a fair price.

It's just the appearance of honest purchases, isn't it?

No, purchases are carried out honestly, without acquaintances and blasphemy. 93% of entrepreneurs registered on the website received government orders and became suppliers.

Honesty is achieved through transparency, openness, electronic document management and clear procedures. Just for this, all data on previous contracts is open on the portal. Everything can be traced and, if something is dishonest, contact the FAS. Violations are fraught with heavy fines and criminal liability.

This is a cool solution for public procurement, which is used in the EU and other developed countries. For example, the top five leading countries in the Corruption Perceptions Index in 2016 included Denmark, New Zealand, Finland, Sweden and Switzerland, which adhere to similar principles in public procurement.

If you still do not believe in the honesty of procurement on the portal, the numbers speak for themselves: in 2016, Moscow saved about 37 billion rubles on public procurement, leading the National Procurement Transparency Rating.

Convinced. How to become a supplier?

To become a supplier, you need to follow a few steps.

Companies and individual entrepreneurs that have received the status of small and medium-sized businesses can participate in public procurement on special conditions. Tenders are held for them, in which representatives of large businesses cannot participate. The amount of application security for small and medium-sized enterprises is lower, and the contract payment period is shorter than for “ordinary” procurement participants. These and other benefits are discussed in today's article.

Introductory information

The criteria by which an organization or an individual entrepreneur is classified as a small or medium-sized business are given in the article of the Federal Law of July 24, 2007 No. 209-FZ. For convenience, we have combined these criteria into a table.

Criteria by which a company or individual entrepreneur is classified as a small or medium-sized business

All organizations and entrepreneurs assigned to these categories are named in the unified register of small and medium-sized businesses. To confirm their belonging to a small or medium-sized business, it is enough for a bidder to provide an extract from this register. You can get it for free on the website rmsp.nalog.ru.

Benefits provided for small and medium-sized enterprises depend on the law under which public procurement is carried out. Recall that there are two possibilities here. The first option - the purchase is carried out within the framework of the Federal Law "On the contract system in the field of procurement of goods, works, services for state and municipal needs" (hereinafter Law No. 44-FZ). The second option - the purchase is carried out within the framework of the Federal Law "On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter Law No. 223-FZ; for details, see ""). Let's consider each option separately.

Procurement under Law No. 44-FZ

The benefits provided for small businesses (SMEs) are established by the article of the Law No. 44-FZ.

What quotas are set for NSR

Law No. 44-FZ obliges government customers to purchase goods and services from small businesses in the amount of at least 15% of the total annual volume of purchases. For non-compliance with the quota, customers face a fine of 50,000 rubles.

Every year, before April 1, customers must publish in the Unified Information System (EIS) a report on purchases from the SMP for the past year. The report reflects only completed purchases in which the advantage for small business was declared.

What purchases do small businesses participate in?

SMEs can, on a general basis, take part in all purchases without exception. It is only necessary that the supplier meets the requirements of the customer and has the resources to fulfill the contract.

However, the chances of winning are much higher in tenders that are held specifically for small businesses. There are no representatives of medium and large businesses, so the competition is not so high.

In order not to miss the placement of information about the desired purchase, you can connect the service "Contour. Purchases". In this service, the supplier (contractor, performer) can set up templates for requests for all tenders for "their" goods (works, services). At the same time, you can enable a filter that selects tenders for small and medium-sized businesses. After that, the supplier will promptly receive e-mail notifications that a purchase of interest to him has appeared on a particular site. Such a tool will save the supplier from the need to constantly monitor information and will allow you to quickly respond to purchases of interest to him.

Customers have the right to purchase from small businesses in six ways: through an open tender (see ""), an electronic auction (see ""), a request for quotation (see ""), a request for proposals (see ""), a tender with limited participation and a two-stage competition. The initial (maximum) price (NMC) of such purchases cannot be higher than 20,000,000 rubles.

When applying for participation, the supplier must provide a declaration of belonging to a small business. Sometimes the customer develops the declaration form. But in some purchases there is no declaration form, and then participants can use the form developed by SKB Kontur specialists.

What benefits are provided for SMP

Firstly, the amount of the application security cannot exceed two percent of the NMC contract (for "ordinary" participants, the security payment, as a rule, is equal to five percent).

Secondly, the state customer is obliged to pay for goods or work no later than 15 working days from the date of signing the acceptance certificate (for "ordinary" participants, the contract payment period is 30 calendar days).

Procurement under Law No. 223-FZ

When conducting auctions under Law No. 223-FZ, there are benefits for small and medium-sized businesses (SMiSP). These benefits are enshrined in a decree of the Government of the Russian Federation. The provision of benefits is controlled by JSC Federal Corporation for the Development of Small and Medium-Sized Businesses.

What quotas are set for SM&SP

Government customers with revenue exceeding 2 billion rubles are required to purchase goods and services from small and medium-sized businesses in the amount of at least eighteen percent of the total volume of purchases. At the same time, ten percent of purchases must be made strictly among small businesses. We add that only completed purchases are taken into account.

The state customer must list in its procurement regulations the OKPD2 codes of all goods and services that it will purchase from the SM&SP. The customer must also comply with the following rule:

• if the NMC of the contract does not exceed 50,000,000 rubles, the purchase from this list is carried out strictly from the SMiSP;
• if the NMTs of the contract is from 50,000,000 to 200,000,000 rubles, the customer is free to decide among whom to make the purchase: among SMiSP or among representatives of large businesses.

What purchases are involved in SMiSP

Subjects of small and medium-sized businesses can, on a general basis, take part in all purchases without exception. It is only necessary that the supplier meets the requirements of the customer and has the resources to fulfill the contract.

However, the chances of winning are much higher in tenders that are held specifically for small and medium-sized businesses. There are no representatives of big business here, so the competition is not so high. Such tenders are held either for the SM&SP themselves, or for all participants, subject to the involvement of SM&SP for subcontracting.

When applying for participation, the supplier must provide a declaration of belonging to a small and medium-sized business. The form of such a declaration is given in the annex to Government Decree No. 1352.

What benefits are provided for SM&SP

Firstly, Law No. 223-FZ does not oblige customers to require suppliers to list the application and contract security (see ""). But even if there is a similar requirement in the procurement documentation, preferential terms apply for MS&SP. Thus, the amount of the application security cannot exceed two percent of the NMC contract (for "ordinary" participants, the security payment, as a rule, is equal to five percent). The amount of the contract security cannot exceed five percent of the NMC or must be equal to the amount of the advance payment (for "ordinary" participants, the contract security, as a rule, is 30 percent of the NMC).

Secondly, the maximum payment period under the contract for SM&SP cannot exceed 30 calendar days (for "ordinary" participants, the payment period is not regulated; see "").

Thirdly, the state customer can approve its own partnership program for small and medium-sized businesses and establish benefits for its participants.

Please note: to work in public procurement systems and to participate in many types of tenders, a special electronic signature is required.