When it is necessary to purchase from small entities. Calculation of the minimum volume of purchases from SMEs according to the new rules - assistance in public procurement

Under number 44, the Federal Law defines the obligation of state and municipal institutions to receive a certain part of goods, works and services from small businesses. The participation share of this category must be at least 15% of the total annual volume of purchases. At the same time, the legislation determines the priority of domestic manufacturers and suppliers.

Small business entities are legal entities whose status is determined by a small amount of qualitative indicators - up to 100 employees and up to 800 million rubles in revenue per year. It is understood that these organizations are commercial and operate for profit.

The acquisition of goods, works or services from the SMP is regulated. It regulates not only the procedure for the acquisition of goods and services, but also determines the parties that may be involved in this matter.

The provisions of Article 30 apply to socially oriented non-profit organizations. It is prescribed that SONKO according to Federal Law 44 must be established by the state, subjects of the Russian Federation or municipalities.

SMP Procurement Rules

Legislation determines that small businesses can take part in all types of purchases which are held by state or municipal institutions to meet their needs. Main conditions for participation— compliance with the requirements of the customer and the ability to fulfill the requirements of the contract.

According to Federal Law 44, SONKO can only purchase among SMEs. In this situation, competition with medium and large businesses is excluded. Any applications from such organizations are rejected by the customer.

Volume

The share of purchases from small businesses under 44 Federal Laws must be at least 15% of the total annual provision. According to the results of the past calendar year, the customer prepares and places a report in the unified information system by April 1. It specifies the following aspects:

• contracts with small businesses;
• purchases from socially oriented non-profit organizations;
• information about the failed determination of suppliers.

The percentage for SMP under 44 FZ should be clearly reflected in the reporting. All purchases from small businesses should be noted in the report, as well as their total volume.

With regard to the volume of money circulation, it is prescribed that individual contract price with a small business cannot exceed 20 million rubles.

Ways

The percentage of purchases from small businesses under 44 Federal Laws is determined not only by the number of SMEs involved and the amount of funds spent. An important aspect is the observance of the procedure and the calculation of purchases from small businesses. Federal Law 44 highlights the following ways to conclude contracts for deliveries through the NSR:

• competition open to all suppliers;
• limited conditions for the competition;
• mixed competition in two stages;
• electronic trading;
• request for quotations;
• request for available proposals.

Failure to comply with the relevant procedure for informing and carrying out the chosen method is interpreted as a violation of the law.

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The legislation does not define the list of purchases from SMP according to 44 FZ. A state or municipal institution has the right to acquire any goods, works or services in small businesses.

It is also possible to do not make certain purchases at the SMP. That is, the institution itself determines the priorities in the supply. The main condition is the observance of the procedure and the total volume.

Benefits for NSR under 44 FZ

Benefits for NSR under Federal Law 44 include the following benefits:

• the security amount is up to 2% of the initial maximum contract value;
• the customer is given 15 days from the date of signing the acceptance document to pay for the purchase;
• if the winner of the tender, electronic auction or request for proposals is a small business entity, the customer has the right not to require a contract. (Find out which one).

Administrative responsibility

Administrative responsibility for non-compliance with the norms of the legislation on placing an order with SMP defined:

• violation of the terms for posting information in the unified procurement information system during a tender or auction less than two days, relies a fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
• in case of violation of the specified period more than two days the fine is 30 and 100 thousand rubles;
• violation of the deadline for posting information when requesting quotations or proposals from small businesses no more than a day - 3 and 10 thousand rubles. for individuals and legal entities;
• similar violation with delay more than a day - 15 and 50 thousand.;
• violation of the requirements and procedure for posting information on purchases from small businesses entails a fine of 15 and 50 thousand.

Penalties are also due for other administrative violations - unlawful refusal, non-compliance with the requirements for keeping records and reporting. Separately, it should be noted penalty for non-compliance with the established volume of purchases for small businesses - it is 50 thousand rubles.

In 2018, customers must still allocate a certain percentage of purchases to small businesses under 44-FZ. This category includes organizations with a small number of employees and profits below the established limit. About who are the subjects of small business under 44-FZ, it is said in the Federal Law of July 24, 2007 No. 209-FZ.

What is a small business entity according to 44-FZ

Consider who is the subject of small business under 44-FZ. The criteria for inclusion in the NSR in 2018 have not changed. A micro-enterprise is an organization with up to 15 employees and an annual income of no more than 120 million rubles.

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

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Application for participation in the purchase from small businesses 44-FZ

According to 44-FZ, small businesses receive certain preferences when purchasing. However, they can use them and participate in the procedures for the SMP only under one condition: a declaration must be attached to the application. Specify in it:

• Company name;
• the category to which it belongs - small or medium business;
• legal address;
• OGRN.

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

Procurement documentation from SMP under 44-FZ and contract

We examined who belongs to the NSR in 2018. Despite the fact that the requirement for a mandatory share of purchases from small businesses under 44-FZ appeared quite a long time ago, customers continue to get confused in terms. For example, to require that the participant belong either to a small business or to a socially oriented NPO, and companies that fall under both categories and report this in the declaration are not allowed to bid. This is a violation confirmed by administrative practice, for example, by the decision of the Office of the Federal Antimonopoly Service for Moscow in case No. 2-57-1428 / 77-18 dated February 6, 2018.

Benefits when purchasing from small businesses 44-FZ

Subjects of small business under 44-FZ receive certain preferences when purchasing. For example, if a sanction is imposed for violation of the terms of the contract, the fine can generally reach 10% of the contract price if it is less than 3 million rubles, and 5% if the cost is in the range of 3-50 million. For small enterprises with contract price up to 3 million, the amount of the fine will be 3% of the contract value, if it is within 3-10 million - 2%, 10-20 million - 1%.

Also, lower rates for work on trading floors are set for SMEs. Keep in mind that since 2018 it has become paid. Money for participation in the procedures is taken only from the winners. If for ordinary participants this is 1% of the contract price, but not more than 5 thousand rubles, then for SMP the upper bar is 2 thousand rubles.

How to distinguish, identify and combine benefits for SMEs, AIS, OI and imports

From the article you will learn:

✔ Which set the benefits for SMP or SONO participants;
✔ Three main mistakes of mixed buying on a live example;
✔ In what cases are the advantages for the goods of the MIS and OI established;
✔ When benefits cannot be combined in one purchase:

From the article

The volume of mandatory purchases from small businesses 44-FZ

We have given the definition of small businesses under 44-FZ and considered the criteria for their inclusion in this category. Next, let's move on to the percentage of purchases from small businesses under 44-FZ. This is 15% of the total annual volume. To meet this standard, customers use two ways:

• conduct purchases only among small businesses;
• establish in the procurement documentation the requirement to involve subcontractors from among the SMEs.

You can carry out any procedure:

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

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

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

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

• to ensure the defense capability of the Russian Federation;
• for granting loans;
• from a single supplier;
• in the field of the use of atomic energy;
• closed procedures.

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

You will find more answers to questions about procurement in the new issue of the State Order in Questions and Answers magazine.

The minimum share of goods or services that the customer purchases from such suppliers during the year is 18% (). This percentage is calculated based on the total value of the contracts concluded as a result of the auction.

The share of transactions concluded as a result of procedures only for SMEs is at least 15% of the specified reference point. A similar volume is included in the List of tenders that are not taken into account in the calculations, specified in clause 7 of the Regulations on the features of PP No. 1352.

It is worth noting the customers who are obliged to purchase innovative and high-tech products, including from suppliers from among the SMEs. The annual volume of such acquisitions is equal to the total value of similar transactions for the previous year + 5%. The same quantity should be taken into account at the procurement planning stage.

The very same annual volume of purchases from small and medium-sized businesses includes contracts that were concluded as a result of purchases:

1. For SMP only.
2. For all participants, including the NSR.
3. For suppliers who, in order to fulfill the contract, must involve SMP as a subcontractor.

Finally, in order to correctly compile a report on the volume of contracts concluded with the SMP, the customer can check the category of the supplier in the corresponding unified register on the website of the Federal Tax Service:

The list of goods at the SMP

In the event of disputes on certain provisions of the contract, the participant may send the protocol of disagreements to the customer through the ETP. After considering such a protocol, the buyer can either send the supplier an amended draft contract, or provide a reasoned refusal to make changes.

The contract is concluded on the basis of:

1. Notifications (invitations).
2. Documentation.
3. Participant's applications.
4. Draft agreement.

• On 09/27/2018
• 0 comments
• 223-FZ, 44-FZ, EIS, Request for Quotations, Request for Proposals, Competition, SMP, Special Account, Articles, Electronic Auction, ETP

We continue to talk about amendments to the procurement legislation that will come into force or have already come into force in 2018. Today we will talk about changes for customers under 223-FZ in terms of procurement from small and medium-sized businesses (SMEs). They were introduced by law No. 505-FZ of December 31, 2017, as well as by government decrees.

Electronic form

Procurement that is organized exclusively for SMEs will have to be strictly in electronic form. This provision will be enshrined in Part 2 of Article 3 of Law 223-FZ and will come into force on July 1, 2018.

From the same date, a new article 3.4, which will regulate the conduct of electronic procedures for SMEs. In particular, a limited list of ways to determine a supplier is provided, namely:

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

• competition in electronic form;
• auction in electronic form;
• request for quotations in electronic form;
• request for proposals in electronic form.

Customers under 223-FZ will not be able to choose a different method for determining a supplier for purchases from SMEs.

Bidding for small and medium-sized businesses should be held on ETPs that meet the requirements of Law 44-FZ and additional requirements provided by the government. The list on which it will be possible to carry out procedures for SMEs under 223-FZ will be additionally approved.

ETP where trading under 44-FZ is held

In addition, the new article 3.4 will spell out features of each procedure, including:

• procedure and timing;
• price restrictions;
• application rules;
• the procedure for securing the application (for example, if it is secured by money, then the funds must be deposited into a special bank account from the list determined by the Government in accordance with Law 44-FZ).

In case of violations committed by the customer under 223-FZ, including failure to procure from SMEs, he is entitled to punishment in the form of an obligation to apply the provisions of Law 44-FZ. The amendments clarified that in this case the customer must apply the provisions of the law 44-FZ, which are expressly specified in 223-FZ (part 8.1 of article 3, which will appear in 223-FZ from July 1, 2018).

New volume of purchases

The total volume of purchases that customers under 223-FZ must make from SMEs remains at the same level. This is 18% of the annual volume. But the volume of direct purchases from SMEs, that is, those that are carried out exclusively among such entities, has changed. Until January 1 of this year, in accordance with Government Decree No. 1352, it was 10%.

From the beginning of 2018, a new Decree No. 819 of August 19, 2016 came into force. So, according to him, purchases exclusively for SMEs increased from 10% to 15%.

Who should procure from SMEs

In accordance with the Decree of November 15, 2017 No. 1383, from January 1, which must conclude contracts with small and medium-sized businesses in the amount of 18% of the total annual purchases. now this three types of organizations:

• customers whose annual revenue is more than 500 million rubles;
• customers, including credit institutions, whose assets exceed 500 million rubles, provided that they themselves do not belong to the category of SMEs;
• autonomous institutions that in the previous year made purchases (meaning concluded contracts) in the amount of more than 250 million rubles.

Changing the SME Procurement Report

Since 2018, the procurement report from small and medium-sized businesses has received a new form. What specifically has changed?

1. Information on contracts for each category of SMEs is now indicated separately.
2. Contracts concluded for a period of more than 5 years constitute a separate category.
3. Separately, the number of contracts that were paid in the current year, but will be executed after its end, is indicated.

We remind you that a report on purchases from SMEs made in 2017 must be published in the EIS until February 1, 2018.

Briefly about other changes in 223-FZ, which will come into force in 2018,.

• On 07.10.2018
• 0 comments
• 44-FZ, EIS, Purchases from a single supplier, Request for quotations, Request for proposals, Tender, SMP, ETP

Now there is a lot of new in the field of public procurement - ETP, electronic methods for determining a supplier, a mechanism for securing an application. But the obligation of the customer to conclude part of the contracts with the SMP and SONO remains unshakable. The material clearly outlines all the necessary information that you need to know to make purchases from small businesses.

Who is SMP

SMP is small businesses. These include small enterprises and micro-enterprises, including individual entrepreneurs. Criteria for inclusion in the NSR are regulated Law 209-FZ of July 24, 2007(Table 1).

Table 1. Who is considered an SMP

Who is SONO

SONO (SONKO) - socially oriented non-profit organizations. NGOs act in accordance with Law No. 7-FZ of January 12, 1996. However, not all NGOs are socially oriented, but only those that carry out activities aimed at solving social problems and developing civil society (paragraph 2.1 of Article 2). As well as activities from Article 31.1 of Law No. 7-FZ.

In particular, SONO are engaged:

• social services and support for citizens;
• assistance to victims of natural disasters;
• environmental protection and animal welfare;
• activities in the field of education, science, art, healthcare;
• provision of legal assistance on a free or preferential basis.

This is far from all, but only a small part of the areas of activity of socially oriented NGOs.

How SMP and SONO prove their compliance

If the customer announces a purchase for SMP and SONO, then suppliers must confirm that they have the right to participate in it. To do this, the application includes a special declaration of ownership to this category. For electronic procedures, it can be generated directly on the ETP or attached to the application as a separate document. In the declaration, the participant confirms that he meets all the criteria established for his category.

Also, customers are recommended to check the membership of the participant to the SMP through the search in a special Register on the website of the Tax Service. To check, it is enough to drive the TIN or the name of the applicant into the search box.

Information on the procurement from SMP and SONO in 2019

The following table summarizes the data for purchasing from small businesses for 2019.

Table 2. Procurement from SMP and SONO in 2019

Volume calculation algorithm

SMP and SONO need to purchase not less than 15% of the SHOZ. This is the entire volume of purchases for the current year, which did not include some of their types. See the details of the calculation in the following diagram.

Scheme. How to calculate the volume of purchases from a small business

*When calculating the current year's SSS, it is necessary to take into account contracts that are transferred from one financial year to another. And take into account only that the amount that payablein the current year.

Suppose the contract was concluded in 2018, and it will be executed and paid for in 2018 and 2019. So, the part of the contract paid for in 2018 should be included in the SSS for 2018. And that part, the payment of which will be made next year, will go to the SSS 2019.

Note! From 2019, when calculating the total volume of purchases, it will be necessary to take into account contracts with a single supplier concluded as a result of failed electronic tenders, as well as requests for quotations and proposals in electronic form.