Procurement plan for 223 fz. Making changes to the annual procurement plan

Organizations in the public sector or with a large share of state participation in them work mainly according to the Federal Law on Procurement. Sometimes the situation changes and requires payment. We'll tell you how to do it.

Mechanism

To contribute changes to the procurement plan under 223-FZ, need to:

  1. find out if there is such a need;
  2. understand what adjustments can be made to the plan;
  3. make changes to the procurement plan under 223-FZ;
  4. place changes in a common database (single information system- EIS).

Foundations

In some cases, it becomes necessary to adjust the procurement plan. For example, when prior to signing a deal:

  • the customer wanted to purchase other or additional goods (works, services), he is satisfied with a different delivery time and execution of the contract, the procurement procedure, the requirements for the item have changed, etc.;
  • on preparatory stage prices for goods have grown by at least 10 percent, as a result, the planned finances are not enough;
  • the reason to adjust the plan arose from the procurement regulation or other administrative document for the organization (order, etc.).

Note that in the second case, the Ministry of Economic Development of Russia obliges to make changes to the procurement plan under 223-FZ(letter No. D28i-1364).

In practice, the need to changes to the procurement plan under 223-FZ may arise due to possible or already occurred force majeure (emergencies, accidents, etc.), when the organization suddenly became a contractor under a government contract. If a previously planned purchase failed, this is also a reason to transfer money to a new purchase and adjust its subject upwards.

But when changes to the procurement plan under 223-FZ do not (see table):

Situation Example
The main terms of an already concluded contract have changedFor example, the scope of delivery, cost, deadline. The Ministry of Economic Development believes that in this case there is no point in changing something.
The law does not allow purchasing data to be included in the planWhen the purchase is related to the state. secret
Purchase data may not be included in the planThe transaction price will not exceed RUB 100,000.
Due to an emergency or its threat, I had to make a purchaseProcurement information can be included in the plan after the fact

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What can be changed

On practice changes to the procurement plan under 223-FZ may concern:

  • supplementing it with information about the next purchase;
  • removal of data on the failed procurement from it;
  • changing the parameters of an already planned purchase;
  • adjustments to the total number of purchases planned for the year and other indicators that are in the section of the plan that includes small and medium-sized businesses.

The customer always determines for himself what specific adjustments need to be made to the plan for each case.

According to the Ministry of Economic Development (letter No. D28i-1001), a new position should not be included in the plan in two cases:

  1. the planned purchase did not take place and a second one is needed;
  2. the contract had to be concluded with a single contractor.

In these cases, it is necessary to correct the data on the previously planned purchase: the schedule of its progress and (or) information on the procurement procedure.

How to deposit

For changes to the procurement plan under 223-FZ you need to go through two main stages (see table):

Interestingly, the Procurement Law No. 223-FZ does not contain special rules making adjustments to the plan. Therefore, it is necessary to be guided by the provision of the enterprise on procurement and (or) other internal documents of the customer. If there are none, then the principle of analogy applies: as the plan was approved, so make changes to the procurement plan under 223-FZ. If this is an order from the head, then make changes with the same document.

EXAMPLE
Situation: There is no purchase information in the plan. It is carried out through a competition or auction.
Solution: the plan needs to be adjusted BEFORE placing a notice of purchase in the EIS.

The form of the procurement plan is established by Government Decree No. 932 of September 17, 2012 “On approval of the rules for the formation of a procurement plan for goods (works, services) and requirements for the form of such a plan.” IN procurement plan must contain the necessary information on procurement for the customer. So the procurement plan 223 FZ 2013 should contain a list of the following information:

  1. Customer details
  • Name
  • Address
  • Telephone
  • Email
  • OKATO
  • Plan serial number
  • Subject of the contract with OKDP and OKVED codes
  • Requirements for purchased goods (works, services)
  • Unit of measurement of goods (works, services) according to OKEI code
  • Volume of goods (works, services)
  • Region of receipt of goods, works, services by OKATO code
  • Lot price
  • Planned date of publication of the notice of purchase
  • Term of the contract
  • Purchasing method
  • Indicate whether the purchase belongs to the type of electronic trading
  • Not included in the procurement plan under 223 FZ:

    • Purchases determined by the decision of the Government of the Russian Federation
    • Purchases constituting a state secret

    It is worth noting that purchases, the cost of which is up to 100 thousand rubles, may not be included in the plan. / 500 thousand rubles

    According to government decree No. 908 of September 10, 2012 “On approval of the Regulations on posting procurement information on the official website”, the procurement plan or information on plan adjustments is posted on the CAB within 10 days from the date of approval of the document. The procurement plan must be developed and posted by the customer to the OOC by December 31 of the following year.

    Procurement plan for 223 FZ

    The procurement plan should include a quarterly and monthly breakdown. The plan itself should not display the order of delivery, only information about the planned month for the conclusion of the contract is entered there, even if the delivery will be carried out within a year or several years. If the purchase is long-term, then the plan indicates the month in which the contract will be concluded, in the column duration of the contract, the corresponding period is entered. This is necessary in order for the work in matters of public procurement to be properly and clearly organized, well-established, moreover, such an approach will help to avoid possible mistakes and misunderstandings.

    Urgent purchases, for example, contract / subcontract agreements that cannot be planned, are a good basis for adjusting the purchase plan along with a change in the customer's need for goods (services, works), a change in the price of goods by more than 10% and others approved in the regulation about purchases. The plan can be adjusted as many times as necessary if there is no information on such actions in the procurement regulation itself. Absolutely any change in this area should be immediately reflected in the documentation. Otherwise, problems may again arise if the changes that have occurred are not pointed out in time.

    Features of the Procurement Plan for Law 223

    After the entry into force of Federal Law No. 223 on procurement, the most difficult issue in the work of customers will be the formation, or rather, the subsequent change in the procurement plan, since all changes in procurement must be immediately made to the corresponding plan and added to the official website. Accommodation of all necessary information on the site is a way to make public auctions open, honest and accessible. And this, as you know, is the most important thing in this matter, since it is precisely the part of state trade that accounts for the largest number of all sorts of machinations.

    In turn, a change in the procurement plan (purchase plan 223 FZ 2013) must be agreed upon and also approved by the company's management. Since it is in the public sector that a huge number of procurement procedures are currently placed every day, the number of changes indicated in the procurement plan will be quite large. Otherwise, mistakes and misunderstandings cannot be avoided. Structure public procurement is a complex mechanism that includes a huge number of organizations and enterprises, and the outcome of the entire procedure depends on the work of each of them. Therefore, before starting cooperation with government customers, soberly assess your strengths, because you will have to work hard if you want to make a profit.

    The procurement plan under 223-FZ (Law "On Procurement ..." dated July 18, 2011 No. 223-FZ, hereinafter - Law No. 223-FZ) has a form and content determined by the legislator. Below we describe what regulations you need to use when drawing up a plan, how to fill it out and change it if necessary.

    Planning in accordance with current legislation: law and decree of the Government of the Russian Federation

    Procurement planning activities by organizations subject to Law No. 223-FZ are regulated by the following sources:

    1. Basic Law No. 223-FZ includes only reference norms to by-laws, which contain precise instructions on the form of the procurement plan under 223-FZ and on the rules for filling out this form. The law also prescribes the procedure for placing the plan in public information resources.
    2. Decree of the Government of the Russian Federation “On Approval ...” dated September 17, 2012 No. 932 (hereinafter referred to as Decree No. 932) is a regulation in accordance with which customers draw up, place, and change planning documents.

    In addition, when developing the act we are considering, customers are required to use local regulatory sources and procurement regulations. All these documents are without fail are placed in the EIS (unified information system for state orders).

    Procurement plan according to law No. 223-FZ

    In accordance with the above Government Decree, the procurement plan for 223-FZ is drawn up in in electronic format. In other words, a scanned document or pdf file is not allowed. This requirement allows any interested person to make copies on their media of the entire document or any part of it. In addition, by virtue of clauses 15-17 of the Regulations on the placement of procurement information in the EIS, approved by Decree of the Government of the Russian Federation of September 10, 2012 No. 908, the plan can only be published using the EIS software (structured view of the plan), and optionally it is allowed to add more either an electronic or a graphic version of the act we are considering.

    The form is legally established by the Government of the Russian Federation and is filled out in accordance with the requirements of Decree No. 932. The plan for innovative, medicinal and high-tech contracts is drawn up with the nuances specified in clause 2 of the Requirements for the form approved by Decree No. 932.

    The plan is formed for at least one year (part 2 of article 4 of law No. 223-FZ). There are no restrictions on the maximum scheduling period. In this case, the document should be divided into months or quarters. Only for plans for innovative, medicinal and high-tech transactions, a framework is set: from 5 to 7 years.

    Correction (change) of the plan

    If the act described by us needs to be amended (corrected), then the customer must:

    1. Approve the changes, sign them with an enhanced electronic signature.
    2. Make a separate list of changes.
    3. Make changes to the structured, electronic and graphic views plan in the EIS within 10 days from the date of their acceptance.
    4. Post a list of changes.

    This procedure is carried out no later than the notice of bidding (in the form of a tender or auction) and other related information (clause 9 of the Rules, approved by Resolution No. 932) will be published. Note that in the EIS, all editions of the amended plan must remain freely available.

    Step-by-step instructions and sample filling

    When filling out the form, you can follow the following recommendations:

    1. Data on the name, location, TIN, KPP are taken from the Unified State Register of Legal Entities. OKATO - at the place of registration of the customer.
    2. If the term of the contract is longer than the period for which the plan is being developed, then the terms of the contract are signed for its entire duration.
    3. All codes are entered in accordance with the current classifiers. OKVED must indicate the section and subsection. In the product code - section and class of products. Only numerical designations are used.
    4. When describing the object of the transaction (column 5), minimal information is given, but in an amount that allows you to identify the object from other similar ones.
    5. Further, information is also written on the current classifiers.
    6. Columns 11-17 are filled with the data that the customer determines independently.
    7. The following section is developed only by customers who are required to work with medium and small businesses.

    Here you can find an example of drawing up a procurement plan for 223-FZ for 2018.

    Thus, the procurement plan under 223-FZ differs from a similar document filled out in accordance with Law No. 44-FZ. Requirements for its form and placement are established by the Government of the Russian Federation. However, entities working under Federal Law No. 223 are largely guided by their own procurement regulations. So, these provisions may contain some features in the order of compilation, publication and amendment of the act described in this article.

    All procurement needs of the organization should be systematized in the procurement plan. Some companies may draw up a procurement plan in free form, and for others (such as government customers and subjects of 223-FZ), mandatory procurement plan forms are established. In any case, for the convenience of the customer himself, the following parameters of each purchase are reflected in the procurement plan:

    1. The name of a specific product, work or service that is the subject of the procurement. 2. Date of the purchase. 3. The initial (maximum) price of products or the principles of its calculation. 4. The volume of purchased products or the procedure for calculating such a volume. 5. Place and terms of delivery of goods, performance of work or provision of services. 6. Method and form of procurement.

    After the preparation of the draft procurement plan, this plan is agreed upon by the authorized structural divisions of the company and its management. A number of companies are required to publish a procurement plan for the next year. Such a publication is provided both in order to be able to identify obviously unreasonable purchases at an early stage (which is relevant primarily for state and municipal customers), and so that potential suppliers can prepare in a timely manner to participate in the procurement procedures conducted by the customer. If such a requirement is not established, then the procurement plan may be a document for official use. However, the availability of the procurement plan for at least structural divisions company contributes to the consistency of the procurement activities of the customer.

    The procurement plan, if necessary, can be adjusted even after its approval. Such a need may be due to both the emergence of new needs or the termination of current needs, or the fact that for some reason the conditions for a specific purchase have changed (for example, the tender did not take place and the same product is purchased through a request for proposals). The key question when making changes to the procurement plan is why this need could not have been foreseen in advance?

    Each specific purchase made by the customer must be announced on the basis of a procurement plan and in accordance with the parameters specified in this plan. Thus, the procurement plan is the basic document that defines the parameters of the company's procurement activities within a given time period. The procurement plan can be formed taking into account such information as exchange rates, stock indices and other information, based on the following programs that determine the customer's activities:

    • manufacturing program
    • repair program (repair plan)
    • investment program (including technical re-equipment and reconstruction, including in the field of information technologies, New construction)
    • other programs

    What is the procedure for generating a procurement plan?

    To all customers, according to established requirement Decrees of the Government of the Russian Federation of September 10, 2012, it is necessary to have time to publish the approved procurement plan on the official website by December 31. The plan is published within 10 working days from the day the plan is approved or changes are made.

    The customer must indicate the planned period for the publication of the notice of purchase and the deadline for the execution of the contract. It is not necessary to describe the various stages of contract execution in the plan.

    The customer can set the terms of planning and preparation of the procurement plan independently, but the planning period should not be less than 1 year.

    Also, customers have the opportunity to form a single procurement plan if customers have accepted a single Procurement Regulation and this is provided for in the Regulation. A single procurement plan is also possible in the case of an agreement between customers for a single procurement plan.

    By general rule, the purchase plan is created for one year and must contain breakdowns: monthly or quarterly.

    What must be in the content of the Procurement Plan?

    • Information about the procurement (of goods or services or works) that is necessary to meet the customer's demand for these goods, works or services.
    • The start date for the implementation of procurement, which is determined by the required delivery date and taking into account the timing of all procurement procedures.
    • Monthly or quarterly breakdown and the possibility of editing them.

    The procurement plan schedule is formed on the basis of the customer's documents that define the customer's activities and the requirements for the form of the procurement plan for goods, works, services.

    Documentation requirements are constantly tightening, the deadlines for its submission are being compressed. All this imposes special requirements on the employees who are involved in maintaining these documents. The new standards came into effect when drawing up a procurement plan in 2017. The procurement plan must be drawn up for 3 years and posted on the website zakupki.gov.ru in the open part. The procurement plan must reflect all tenders, regardless of whether they will be held in different forms, for example, auctions, tenders or in the form of a request for quotations. In our today's material, we will tell our readers about the main features and the algorithm for filling it out. Procurement plan for 2018 according to 44 Federal Laws: why is it necessary? The changes apply to those enterprises that are part of the group of municipal and regional clients that fall under the federal law № 44.

    We deal with the requirements for the procurement plan and schedule

    The responsibility of officials is provided for in accordance with Art. 7.30 Administrative Code of the Russian Federation. So for placement with a violation, a fine is set - 15,000 rubles.
    on officials and 50,000 rubles. to legal entities.

    Read more about this in the article on fines. Order plan within the framework of 223-FZ In this case, customers also prepare and place them in the EIS. This requirement is determined by Part 2 of Art. 4 223-FZ and PPR dated September 17, 2013 No. 932.

    And PPR No. 932 defines the rules for the formation of planning documents and the requirements for them. In essence, these documents are closer to the schedule for 44-FZ.


    Placement in the EIS is carried out within 10 working days after approval or change (PPR dated September 10, 2012 No. 908), but no later than December 31 of the current calendar year. You can place the procurement plan in a structured form (44 FZ also allows this) or in electronic form, for its subsequent storage on technical means.

    Procurement plan for 223-FZ for 2018: sample filling

    Customers working under 223-FZ are required to plan their activities. We remind you that the procurement plan must be published in the EIS no later than December 31 of the current year.

    Consider the procurement plan (223-FZ), a sample filling and drafting rules. Definition We are talking about a document that should contain information about meeting the future needs of the customer, divided into quarters or months.

    It is he who dictates which contracts will be concluded as a result of the tender (part 5.1 of article 3 No. 223-FZ). An exception here may be unforeseen situations (force majeure), as well as those cases when entering data on a trading procedure is either prohibited (state secret) or not required.

    Important

    The latter include, for example, information on the purchase of goods or services, the price of which is below 100 thousand rubles. And for customers whose revenue for the financial year is more than 5 billion rubles, this limit is set at around 500 thousand rubles.


    rub.

    How to complete a procurement plan

    The main act regulating the development of the plan are the rules approved by Government Decree No. 932 of 17.09.2012. When compiling it, it is worth relying on ^

    • Procurement Regulations;
    • local documents of the customer;
    • normative acts of the Russian Federation.

    In order to receive a product or service at the appointed time, the timing of tenders must also be taken into account here.

    It is necessary to take into account stock indices, exchange rates, etc., depending on the type of activity of the buyer (clause 6 of the Rules). It should also contain full information about long-term contracts, even if they will be longer.

    Separately, it is worth noting customers from the list determined by Decree of the Government of the Russian Federation No. 475-r dated 03/21/2016.

    Procurement plan for 2018 for 44 fz

    Attention

    Download Schedule in the contract system Schedule is a structured list of goods, works and services, which is the basis for orders under Federal Law No. 44. It is formed for the financial year and is based on an approved planning document.

    The procedure for maintaining the schedule is regulated in Art. 21 of the Federal Law No. 44, as well as in Government Decrees. The main difference from the previous document is the reflection of detailed information.

    The first one does not contain a description of the object, volume, terms (periodicity), and also does not have information about the application and contract security, cost and banking support. In turn, the schedule lacks information about the purpose of the orders.

    Procurement and tender schedule 223 fz 2018

    To make it easier to develop a procurement plan for 2018 - download a sample filling. If this form is not available on the zakupki.gov.ru portal, it can be taken from our resource. For example, let's name a few requests that need to be reflected in this reporting form. The plan should include the following information:

    • the reason for the purchase;
    • consumer data: company name, address, phone number, etc.;
    • names of objects and their number;
    • the date of the first acquisition;
    • purchase identification number;
    • units of measurement of works, goods, services;
    • deadlines for the implementation of the contract in stages;
    • date of approval of the document;
    • information about the person who prepared the plan, etc.

    Probable causes and methods of adjustment The procurement plan for 2018 according to 44 Federal Laws, like any other document, sometimes needs to be adjusted.
    When making changes to the document, you can supplement, correct or delete unnecessary ones. The conclusion of a transaction with a single supplier due to a failed procedure entails only the correction of information about the tender, and not an additional position. Correct design the corrected schedule implies making adjustments and approving the final version, as well as compiling a separate paper that lists all the innovations. All this must be signed with an EDS. Innovations should be reflected in the EIS in electronic forms and graphic documents a maximum of 10 days after their implementation. The Rules contain not only a list of information that must be reflected in the document in question (Part 1 of the Form Requirements), but also its specific form (Appendix to the Rules).

    Download form procurement plan 223 for 2018

    In this case, the document should be divided into months or quarters. Only for plans for innovative, medicinal and high-tech transactions, a framework is set: from 5 to 7 years.

    Correction (change) of the plan If it is necessary to make changes (correction) in the act described by us, then the customer is obliged:

    1. Approve the changes, sign them with an enhanced electronic signature.
    2. Make a separate list of changes.
    3. Make changes to the structured, electronic and graphic types of the plan in the EIS within 10 days from the date of their adoption.
    4. Post a list of changes.

    This procedure is carried out no later than the notice of bidding (in the form of a tender or auction) and other related information (clause 9 of the Rules, approved by Resolution No. 932) will be published. Note that in the EIS, all editions of the amended plan must remain freely available.

    Draft schedules for the purchase of goods/works/services, innovative and high-tech products, medicines from SMEs, draft amendments to such documents are subject to monitoring and evaluation (Government Decree No. 1169 of 10/29/2015). As a result of the check, the customer is given a decision on the compliance or non-compliance of these documents with the law.
    In the second case, it is necessary to eliminate the violations, otherwise the FAS may suspend the procurement activities of the customer. Placement The procurement plan must be drawn up in electronic form, which allows copying parts of the text, as well as signing it with an EDS. The term of the procurement plan for 223-FZ in the EIS is at least one year. If we are talking on the acquisition of medicines, innovative and high-tech products, the placement period here varies from 5 to 7 years.
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