Webinar on procurement from 10.03. Webinars

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Judicial practice of Siberia on the application of Law No. 44-FZ on the contract system: legal positions of the Arbitration Courts of the West Siberian and East Siberian Districts for 2018 -2019.

In 2017, the Supreme Court of the Russian Federation published a “Review of judicial practice in the application of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, and services to meet state and municipal needs” (approved by the Presidium of the Supreme Court of the Russian Federation on June 28, 2017). After the publication of the said review...

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FREE WEBINAR: Criteria for consideration and evaluation of applications under Law No. 223-FZ.

When preparing procurement documentation, customers prescribe selection criteria (requirements for procurement participants). Victor Don will talk about what it is, what types and purposes there are at the webinar. Students will familiarize themselves with the documents required to be submitted as part of the application and learn...

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Review of the most significant changes to Law No. 44-FZ on the contract system at the beginning of 2019.

During the webinar, the main changes to 44-FZ for customers and suppliers will be discussed. The speaker will talk about what has changed in terms of procurement and...

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Introduction of criminal liability for violations of the legislation of the Russian Federation on the contract system. Anti-corruption requirements for specialists in the field of procurement to meet state and municipal needs.

The OTS.ru group of trading platforms and the Purchasing Information Portal invite you to take part in a FREE webinar "Introduction of criminal liability for violations of the legislation of the Russian Federation on the contract system. Anti-corruption requirements for specialists in the field of procurement to meet state and municipal needs." During the webinar, issues of criminal liability of specialists for corruption offenses in the field of procurement for...

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Review of procurement methods in the new edition of 223-FZ.

During the webinar, procurement methods will be discussed in accordance with the provisions of 223-FZ. Students will learn about the requirements for the content of notices, documents...

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FREE WEBINAR: Changes in the procedure for applying national treatment under Law No. 44-FZ.

Dear colleagues, we invite you to take part in our free webinar dedicated to changes in the application of the national regime in accordance with the norms of the Federal Law of 04/05/2013 No. 44-FZ "On Contract...

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Review of changes to the legislation on procurement by certain types of legal entities (223-FZ), in force from December 31, 2017 and from January 1, 2018.

Dear colleagues, we invite you to the first review of legislative changes in 2018on procurement by certain types of legal entities (223-FZ), the speaker of which will be Don Viktor Viktorovich.

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Features of procurement among participants from among small and medium-sized businesses within the framework of 223-FZ. New legal requirements.

By Decree of the Government of the Russian Federation of May 20, 2017 No. 608 “On amendments to certain acts of the Government of the Russian Federation, which came into force on July 1, 2017, amendments were made to Decree of the Government of the Russian Federation No. 1352, providing...

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Free webinar: Review of the most significant changes in the practice of applying Law No. 44-FZ in 2017.

On December 15, 2017, a webinar “Review of the most significant changes in the practice of applying Law No. 44-FZ in 2017” will be held.

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Changes in the rules and practice of concluding and amending contracts in 2017, which any procurement specialist must be aware of within the framework of 44-FZ.

On November 2, 2017, legal practitioner and procurement expert Don Viktor Viktorovich, as part of the webinar, will tell listeners about important changes in the rules and practice of concluding and amending contracts in 2017, which...

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Review of the most significant changes in the practice of applying Law No. 223-FZ on procurement based on the results of the current period in 2017.

The webinar will take place on October 27, 2017. A practicing lawyer and expert in the field of procurement, Don Viktor Viktorovich will talk about the most important changes in Law No. 223-FZ and their practical...

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How can state and municipal institutions and enterprises sell the state or municipal property assigned to them?

On September 6, 2017, at 10:00 Moscow time, a webinar will begin, hosted by Don Viktor Viktorovich, a legal practitioner and expert in the field of procurement.

Price: 2500 rubles

WEBINAR: Unknown aspects of the application of 44-FZ in terms of establishing requirements for product labeling.

On July 28, 2017 at 10.00 Moscow time there will be a video meeting with Don Viktor Viktorovich, who will tell listeners about unknown aspects of the application of Law No. 44-FZ in...

Price: 2500 rubles

WEBINAR: Features of the application of Federal Law No. 372 within the framework of 44-FZ, 223-FZ, RF PP No. 615.

On July 21, 2017, ANO DPO "Baltic Institute of Personnel Development and Training" is holding a video meeting with Don Viktor Viktorovich, where you can learn about...

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Recording of the webinar dated 02/21/2017 “Rules for describing the procurement object and specific indicators of the goods indicated by procurement participants as part of the first part of the application for participation in the electronic auction.

Dear colleagues, we present to your attention the recording of the webinar dated 02/21/2017 “Rules for describing the procurement object and specific indicators of the goods indicated by procurement participants as part of the first part of the application for participation in the electronic auction: the most interesting cases from judicial and administrative practice”, organized by ANO DPO “Baltic Institute for Personnel Development and Training" and the Purchasing Information Portal website.

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Recording of the webinar: How can a customer verify the accuracy of the information provided as part of an application by a procurement participant: what every qualified specialist in the field of procurement on the customer’s side should know (44-FZ, 223-FZ).

Dear colleagues, we present to your attention a video recording of the webinar dated February 20, 2017 “How can a customer verify the accuracy of the information provided as part of an application by a procurement participant: what every qualified specialist in the field of procurement on the customer’s side should know (44-FZ, 223-FZ)” .

Price: FREE

FREE WEBINAR: How can a customer verify the accuracy of the information provided as part of an application by a procurement participant: what every qualified specialist in the field of procurement on the customer’s side should know (44-FZ, 223-FZ).

The webinar will take place on Monday, February 20, 2017 at 10:00 Moscow time. The material is read by Don Viktor Viktorovich - an expert in the field of procurement, a legal practitioner. Participation in the webinar is FREE!

Price: FREE

On Friday, February 17, 2017, a FREE WEBINAR will be held on the webinar.ru platform, at 14.00 Moscow time, the material is read by Don Viktor Viktorovich - an expert in the field of procurement, a legal practitioner.

Price: free

Recording of a free webinar: “Overview of changes in legislation in the field of procurement (223-FZ).”

We present to you the recording of a free webinar: “Overview of changes in legislation in the field of procurement (223-FZ).”

Price: FREE

FREE WEBINAR FOR SPECIALISTS ON 223-FZ: “Overview of changes in legislation in the field of procurement (223-FZ).”

There were many questions about what changes came into force, who they affected and how to apply them. We couldn't help but react. And soJanuary 26, 2017 at 10:00 Moscow time We We invite you to our event - free webinar“Review of changes in legislation in the field of procurement (223-FZ).”

Price: free

» it will be possible to learn about the requirements for participants in public procurement; about the latest changes in procurement legislation; about how government procurement of medicines and medical equipment is carried out. To watch these webinars, you just need to go through the registration procedure.

December 8 at 10:00 (Moscow time)

Public procurement in medicine is a rather highly specialized and specific area. The level of prices for goods and services, as well as the requirements for auction participants and the content of competitive bids in this case depend on many factors, which are extremely difficult to understand without experience. At the webinar, the expert will help you understand all the intricacies, talk about restrictions for purchasing medical goods from foreign manufacturers, and review typical violations in procurement in the healthcare sector.

Also in the program:

• procurement planning, justification of NMCC, rules for the formation of lots, preparation of technical specifications;
• methods of purchasing medicines and medical equipment;
• features of the contract.

December 15 at 10:00 (Moscow time)

How to properly issue a bank guarantee and what is needed to obtain it? What is the validity period of the bank guarantee? How to check the authenticity of a document? Answers to these questions can be obtained at the webinar on December 15. Listeners of the lecture will also learn about the procedure for providing banking support for a contract.

In order not to miss posting information about the required purchase, it is worth connecting to the “ ” service. In this service, the supplier (contractor, performer) can set up request templates for all tenders for “their” goods (works, services). After this, the supplier will promptly receive email notifications that a purchase of interest has appeared on a particular site. Such a tool will relieve the supplier of the need to constantly monitor information and allow him to quickly respond to purchases of interest to him.

December 22 at 10:00 (Moscow time)

Visitors to the webinar will learn about how government procurement will change in 2018. And for beginners, the lecturer will explain the algorithm of actions of the bidder. Listeners of the lecture will receive step-by-step instructions on the actions of the bidder - from accreditation on the electronic platform to concluding a contract. Please note: articles on this topic can be read in the “” section.

Webinar program

• 9:30 — gathering of participants, introductions
• 10:00 - 11:35 - Oksana Shipunova. Practice of appealing customer actions to the FAS under 223-FZ
• 11:35 - 12:00 - break
• 12:00 - 13:00 - Oleg Birulya. Changes in government procurement - 2018
• 13:00 - 13:30 - break
• 13:30 - 14:30 - Vladislav Tararykov. Niche analytics and tender search
• 14:30 - 15:00 - Closing of the year of webinars. Gift drawing

Gifts are guaranteed for the most active participants!

”, which will be held in the second half of September, you can get general information about how electronic procurement is currently carried out, as well as learn about how to participate in tenders without financial investments. To watch webinars, you just need to complete the registration procedure.

September 14 at 10:00 (Moscow time)

Webinar listeners will receive answers to pressing questions about financial instruments that help them participate and win tenders. In particular, we will talk about where to get money to fulfill a contract, how to get a tender loan and what government factoring is. Webinar participants will also be able to learn about typical mistakes made by customers and participants at various stages of bidding.

September 26 at 10:00 (Moscow time)

According to the latest changes made to Federal Law dated 04/05/13 No. 44-FZ, all purchases must be carried out electronically. Legislators also introduced new forms of electronic trading (procurement with limited participation and two-stage auctions, which will allow customers to introduce additional requirements for suppliers). Moreover, all applications must be submitted and considered exclusively through electronic platforms (EP). How to do this correctly will be discussed at the webinar on September 26. Listeners of the lecture will receive general information about the electronic contract, learn about the regulations for its conclusion, as well as what options for electronic trading exist.

Briefly about changes in government procurement

When verification comes, the customer is not always able to prove that he committed certain actions unintentionally. The inspection body always thinks that the intentions were bad.

On January 1, the official website of the Unified Information System of Government Procurement was put into operation. The concept of “rationing” appeared. Changes have also been made to the procedure for the formation and placement of schedules, new responsibilities for contract service employees have been introduced, and anti-crisis measures in the field of public procurement have been extended to 2016.

Changes have been made to the classifiers. When the functional customer plans a purchase, he must take into account the admission of goods originating from foreign countries, works and services supplied by foreigners. This must be taken into account, since a system for monitoring the activities of government customers exists and works. Since there are not enough inspectors, violations are monitored through complaints and inspections.

New rationing rules came into force in 2016 and are already being applied. It should be remembered that the contract manager (employee) is responsible for the entire procurement process:

1. develops a procurement plan, prepares changes for inclusion in the procurement plan, places the procurement plan and changes made to it in the Unified Information System;
2. develops a schedule, prepares changes for inclusion in the schedule, places the schedule and changes made to it in the Unified Information System;
3. prepares and places in the Unified Information System notices of procurement, procurement documentation and draft contracts, prepares and sends invitations to participate in identifying suppliers using closed methods.

It is important to understand that if a purchase is being prepared, then there must be a justification for it. Article 18 always talked about this, but there was no form on how exactly it should be implemented. Indeed, in accordance with 44-FZ, rationing comes into force in January 2017. Therefore, despite the fact that there is no legal force, justification must be made now.

Justification of the purchase is carried out by the customer when forming a procurement plan, schedule and consists of establishing compliance of the planned purchase with the procurement goals determined taking into account the provisions of Article 13 (including decisions, instructions, instructions of the President of the Russian Federation, decisions, instructions of the Government of the Russian Federation, laws of constituent entities of the Russian Federation, decisions, instructions of the highest executive bodies of state power of the constituent entities of the Russian Federation, municipal legal acts), as well as the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement.

Restrictions on competition always exist and must be correctly spelled out in the justification. After all, you can buy anything with a good reason. Government Decree No. 555 contains a justification form. Currently, the justification can be kept in the company's documentation. The justification package is a history of interaction, although it is not directly related to the schedule. This Resolution is not limited to itself: regulations can be issued by subjects and other bodies. Having used the justification, you can be ready for it to enter into legal force. From the point of view of formal logic, a brief justification must be given for everything. Forming a justification for a single source is always useful. When checking, the controller always pays attention to non-competitive procedures. For example, not an auction, but a single supplier up to 100,000 rubles.

Decree No. 555 relates not only to planning, but also to justification. Forms and requirements for placement are spelled out there. If we talk about regulatory requirements, it provides for the forms of content of the procurement plan and schedule. This is a requirement that is written in the Resolution. But you can apply your own legal framework to this. The rationale can be presented in free form, but experts give it a professional look. From 2017, the justification form will also be in a structured form and interconnected with the schedule and procurement plan.

Resolution No. 555 contains one nuance:

In relation to purchases carried out in accordance with clauses 4, 5, 26 and 33 of part 1 of Article 93 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, the annual volume of these purchases is subject to justification.

There are purchases up to 100,000 rubles, 400,000 rubles (employee business trips, provision of teaching services by individuals).

What does it mean? Many customers make a justification in one line, since 44-FZ does not require more. It is these 4 types of purchases that require filling out for one year. That is, if the volume of financing changes, it will be necessary to make changes and adjust the justification. This will not be difficult, since the schedule can be changed many times. The question is its coordination and approval. The question here is only technical.

Responsibility

Assessment of the validity of procurement is carried out during procurement monitoring, procurement audit and procurement control in accordance with 44-FZ. Based on the results of an audit in the field of procurement and control in the field of procurement, a specific purchase may be recognized as unfounded (Part 4.5 of Article 18 of 44-FZ).

If the planned purchase is recognized as unfounded, the control bodies specified in clause 3, part 1 of Article 99 of 44-FZ (internal state (municipal) financial control bodies determined in accordance with the Budget Code of the Russian Federation) issue orders to eliminate identified violations of the law of the Russian Federation and other legal acts on the contract system in the field of procurement and bring to administrative responsibility those guilty of violations of the requirements of 44-FZ, in the manner established by the Code of Administrative Offenses.

This mechanism will be used as justification only from 2017, but the punishment already exists.

Determining the initial (maximum) contract price

Employees of contract services, contract managers can, when applying and justifying N(M)CC using the method of comparable market prices (market analysis), information obtained as a result of placing requests for prices of goods, works (services) in the Unified Information System.

That is, employees of contract services and contract managers do not have to send requests for price information to potential suppliers, but place such requests directly in the Unified Information System: http://zakupki.gov.ru/epz/pricereq/search/quick/result.html (Part 5 of Article 22 44-FZ)

For now, the official website has a button “Post a price request.” In accordance with methodological recommendations, requests are sent by the customer to at least 5 suppliers, but at least 3 responses can be used. Using the data obtained, the contract price is formed. As a rule, the customer sends requests to suppliers with whom he has already worked. There may be a problem: if this toolkit works only in the style of 44-FZ, then at the transition stage there may be no answers to requests. Suppliers should be told that such requests need to be monitored. The important thing is that if it is proven that the customer communicated with suppliers in this way, then this may be regarded as collusion.

Planning

Previously, the situation with planning was different: plans and schedules were posted in the form of tables, sometimes scans with the manager’s approval were posted, and the inspectors looked at this. But today there is a tendency towards structuring, tightening and shaping the needs of each customer. Customer tracking occurs at the planning and execution stages of contracts.

Now, when planning the purchase of industrial and industrial components to meet state (municipal) needs in 2016, it is necessary to be guided by the joint orders of the Ministry of Economic Development of Russia and the Federal Treasury:

• a) order of the Ministry of Economic Development of Russia No. 761, Treasury of Russia No. 20n dated December 27, 2011 (as amended on June 10, 2013) “On approval of the procedure for posting on the official website schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers" (Registered with the Ministry of Justice of Russia on 02/09/2012 No. 23186);
• b) order of the Ministry of Economic Development of Russia No. 182, Treasury of Russia No. 7n dated March 31, 2015 (as amended on November 3, 2015) “On the features of placement in a unified information system or before the commissioning of the specified system on the official website of the Russian Federation on the Internet for placement information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015 - 2016" (Registered with the Ministry of Justice of Russia on May 8, 2015 No. 37186).

Schedules are now placed in the Unified Information System only in a structured form. It is technically impossible to place them in any other form. Federal government bodies, federal government agencies and federal government agencies place schedules differently (“Electronic Budget”). If the customer does not belong to this category, then the rules are the same: only a structured view. In the future, 44-FZ, EIS may merge with the “Electronic Budget”. It is also known that when drawing up and executing budgets, starting with the budgets for 2016, KOSGU is not applied.

There was a letter from the Ministry of Economic Development, according to which if the procurement is carried out in the form of an electronic auction, then the contract must be concluded electronically. However, no papers can be signed.

New classifiers are now used in planning.

In accordance with the amendments to Article 18 of the Budget Code of the Russian Federation, the classification of operations of public legal entities (KOSGU) is an integral part of the budget classification of the Russian Federation, which has been used since 2016 only for maintaining budget (accounting) records, drawing up budget (accounting) and other financial statements that ensure comparability of budget indicators of the budget system of the Russian Federation.

If, when creating a schedule, the expense and income codes are incorrectly indicated, then this will be punished. Accountants must indicate these codes very accurately.

When drawing up and executing budgets of the budget system, KOSGU is not applied. Therefore, the KOSGU code is no longer included in budget classifiers of income, expenses and sources. There are certain tables with codes; they are associated with accounting income and expenses. They may not directly match the needs, but from a system perspective they are appropriate.

2015 - 2017 are transition years. There are expiring contracts. What about monopolists and one-year contracts? What codes should I use? The unofficial position of government agencies suggests that it is necessary to indicate the new BCC with the numbers “244” in the 2016 format.

Also, for each individual purchase in column No. 1 of the PG 2016, instead of 3 characters of KOSGU, indicate 3 characters of the KVR (code of the type of expenses), and for paragraphs 4, 5, 23 in column No. 1 - 17 characters of the new KBK (in it, instead of KOSGU must be indicated as KVR), not as a separate purchase, but as a total amount, but in a separate line for each type.

IKZ (36 characters according to Pr. No. 422 from 01/01/2016) should not be indicated (one year later at the end of 2016 when compiling the PG for 2017). IKZ has been indicated since 2017 in contracts posted on the website in the Register of Contracts.

The IKZ on the website for each customer had a different purchase code. It is not currently generated by the system. It includes a classifier and other codes. When there is a classifier, then the correct IKZ will be indicated.

1. Changes in the procedure for budget classification: Instructions on the procedure for applying the budget classification of the Russian Federation as amended by Order of the Ministry of Finance of Russia dated June 8, 2015 No. 90n and Order of the Ministry of Finance of Russia dated December 1, 2015 No. 190n.
2. Analyze a comparative table of compliance between the CWR and articles (subarticles) of the KOSGU related to expenses and used by budgetary, autonomous institutions. It is on the Ministry of Finance website. If the schedule has not yet been transferred to the new rails, then it needs to be compared with the procurement plan.

Procurement planning from January 1, 2015

According to Part 1 of Article 16 of 44-FZ, from January 1, 2015, procurement planning is carried out based on the purposes of procurement through the formation, approval and maintenance of:

• a) procurement plans (strategy). Formed for a long period (3-5 years); The customer does not formulate a procurement plan for this year; he works through a schedule. It is formed in a structured form. The procurement plan can already be formed for 2017 - 2020. It is necessary to ensure that, as a result of the audit, the procurement plan corresponds to the schedule. It is also necessary that the rationales flow from one to another.
• b) schedules (tactics) - formed only for the current period (year).

There is an analytical review of violations of legislation for 2015. It contains various information. 163 submissions were made for violations in the placement of schedules in the Khabarovsk Territory alone. Already now, when creating schedules, an inspection can reveal violations. You can make any changes to the schedule and start purchasing - the EIS will not be able to prohibit this. The EIS allows this purchase to pass, but the audit will reveal violations, so it is better not to allow them.

All procurement participants on the customer’s side (functional customer, accountant) must provide the most up-to-date information to each other - this is the key to coordinated work without violations.

Procurement plan and schedule - differences

There are legal requirements that require each customer to formulate a procurement plan and schedule. 44-FZ and Resolutions provide regulations for formalizing such plans:

“On approval of the Rules for the formation, approval and maintenance of a plan for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a plan for the procurement of goods, works, services to meet federal needs”

“On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the purchase of goods, works, services to meet federal needs”

“On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as the requirements for the form of the schedule for the purchase of goods, works, services”

The requirements for the form of plans for federal needs are described in the first two resolutions. The third Resolution speaks about the municipal needs and needs of the constituent entities of the Russian Federation. Failure to place a schedule implies a fine for individuals and legal entities (50,000 and 500,000 rubles, respectively). A fine is also issued for each violation. When a purchase is formed or a change is made to the schedule, the EIS marks unfamiliar words in red. When highlighting such words, it is easier for the customer: any inspector believes that the customer maliciously made a mistake. Massive errors increase the risk of concluding that there was a purpose to avoid issuing information about purchases in search engines.

If plans are made manually and then transferred to the official website, then you must remember that items are transferred from the schedule to the procurement plan, but there are some nuances. But discrepancies in codes should go away.

Purpose of the purchase. The name of the object description. There are no requirements in the law regarding how detailed this needs to be described. If the justification is spelled out in detail, then that will be enough.

In 2016, it is necessary to gain experience in filling out justification. The changes will come into force only from the beginning of 2017. The schedule for 2016 does not require justification from Resolution No. 555, but for 2017 it already does.

Questions from participants

Answer: The right to use one or another law depends on the other. 44-FZ is budget funds. If 223-FZ is not used, then you need to work according to 44-FZ, but it is impossible to lose or not lose the right. If the contract is concluded under 44-FZ, then the supplier does not care which item the payment will be made from. The controller won't care. This question requires some thought.

Answer: Yes, this is required by Article 93. There are exceptions, but justification is necessary. What is the practical difference between a procurement plan and a schedule? Purchasing plan - the customer’s wishes for the next 3-5 years. Purchasing plan - specific data on what is being purchased.

Answer: Yes, for 3-5 years. The procurement plan does not correlate with the budget, but the schedule does.

Answer: No, in Article 59 of Federal Law 44-FZ it is written that the customer is obliged to conduct an electronic auction if the subject of purchase falls under 2 conditions:
a) a clear specification can be drawn up,
b) when the evaluation criterion is price.

Answer: If there is capital investment, it will work. If not, it doesn't hit.

Answer: Yes, there is such a right. As for the manager, this is a difficult question.

Answer: At the moment, the procurement plan is formed as a procurement.

Answer: No, justification is not required this year. But when creating a schedule for 2017, justification will be required. And when working with the procurement plan for the next years, justification will be required.

Answer: In accordance with the standards adopted last year, it has. But why?

Answer: On the one hand, yes. From a logical point of view, it is better to include some requirements. You can write: “Detailed requirements can be specified in the technical specifications.” This can remove the danger and problem of limiting competition.

Answer: The standards were adopted in 2015 and they provide for the standard of a procurement specialist and expert. But now the body who is involved in this has not been determined. 108 hours required. And this is enough, this figure is the minimum.

Answer: If there is a Regulation on procurement within the framework of business activities, then this activity fits into 223-FZ. If there is no Regulation, then it is impossible to buy materials without procurement procedures. This contradicts 223-FZ and 44-FZ.

Answer: Yes, but what will happen over time is unknown. But having any higher education gives him the right to work in a contract service.

Answer: Part 3 of Article 93. This is an exception and does not need to be justified.

Planning of government procurement within the framework of 44-FZ (part 2)

Everything that is said in this webinar is just the speaker’s point of view on those regulations in the field of government procurement that exist today. The speaker may make mistakes, and that's okay, all points of view are welcome.

Rationing in the field of procurement

1. Standardization in the field of procurement means the establishment of requirements for the goods and works purchased by the customer (including the maximum price of the goods and works) and/or standard costs for providing government functions. bodies, management bodies of state extra-budgetary funds, municipal bodies.
2. For the purposes of Article 19, the requirements for GWS purchased by the customer are understood to be requirements for the quantity, quality, consumer properties and other characteristics of GWS, allowing to meet state and municipal needs, but not leading to the purchase of GWS that have excessive consumer properties or are luxury goods in accordance with with the legislation of the Russian Federation.

There is no demo page on the official website where you could add a customer and work out all the operations in the trial version. But there are many videos on YouTube that suggest this action. An important point from a planning point of view is Article 19. It contains certain requirements for customers. Today there are 2 types of regulation and 2 levels of legislative regulation:

Rationing can be divided into two types:

• establishing requirements for GWS purchased by the customer (including the maximum price for GWS). This type of rationing applies to all customers and answers the question: What can be purchased? This refers to the permitted list of goods and services.
• determination of standard costs for ensuring the functions of state bodies, management bodies of state extra-budgetary funds, municipal bodies (including, respectively, territorial bodies and subordinate government institutions). This type of standardization applies only to state bodies, management bodies of state extra-budgetary funds, municipal bodies, their territorial bodies and subordinate government institutions and answers the question: How much can you spend on purchases? Here we talk about the threshold value of the amount for which you can purchase.

With these parameters we can control the process. You need to study the list and determine the price at which you can buy it.

As for legislation, there are special acts for regulation. The first type of rationing: what can be purchased? There are different types of GWS lists that can be purchased. All these lists were approved by Decree of the Government of the Russian Federation dated September 2, 2015 No. 927. This will be used in the justification part: why exactly is the customer purchasing this? There are also cost standards that also need to be taken into account now. This could not have been taken into account last year, since the law does not have retroactive effect. With any change in the schedule, the rules of regulation must be taken into account. Otherwise, an administrative fine may be issued. The official website has a control panel with a “Rationing” section. You need to look at the regulatory documents for the regions in which purchases are made.

Working on a procurement plan

Here the activity is regulated by Part 3 p. 114 of 44-FZ, which comes into force on January 1, 2017. There are no difficulties in creating justifications; there are services that help you do this. As for the timing, there is a nuance:

• State or mun. The customer approves the procurement plan within 10 working days. days after being brought to the attention of the state. or mun. the customer's scope of rights in monetary terms to accept and/or fulfill obligations in accordance with the budget legislation of the Russian Federation (Part 7 of Article 17 of 44-FZ)
• The procurement plan is approved within 10 working days. days after approval of the FHD BU plan (Part 8 of Article 17 of 44-FZ).

Procurement plans formed in 2016 for 2017 and the subsequent planning period will include a procurement identification code (IKZ), determined in accordance with Article 23 of 44-FZ.

The approved plan is posted within 3 working days from the date of approval or change of such a plan, with the exception of state secrets. That is, there are 10 working days for approval, 3 days for placement. Days are not calendar days, but working days.

If the customer works in Excel, then it is better to mark purchases in different colors. Currently, the procurement plan is not laid out in a structured form, so it is important to make the work convenient.

Dates for posting the schedule

The schedule is developed annually for 1 year and approved by the customer within 10 working days. days after he receives the volume of rights in monetary terms to accept and/or fulfill obligations or approve the FCD plan in accordance with the legislation of the Russian Federation (Part 10 of Article 21 of 44-FZ).

The schedule approved by the customer and changes made to it are subject to placement in the Unified Information System within 3 working days. days from the date of approval or change of the schedule, with the exception of information constituting the state. secret (Part 15, Article 21 44-FZ).

A nuance: when the schedule is submitted to the department for approval, then, alas, the department is not responsible for approving the schedule. All acts specify requirements for the customer, but not for government agencies. Until the schedule is agreed upon, the customer cannot do anything. If the schedule is approved by the customer, then by law he must post it within 3 working days, even if it is not approved by the authorized bodies. There are situations when the schedule is sent, but is very slowly agreed upon, as a result, procurement activities cannot be carried out without a posted and approved schedule. If the customer himself approves the schedule, and the authority only approves it, then it must be published in the Unified Information System within 3 days.

According to the requirements of the Decree of the Russian Federation and in the Unified Information System, the schedule does not look the same. The schedule has columns that correspond to specific requirements. There is a purchasing position and within it positions of goods, works and services. The law states that there can be multi-lot purchases, but in reality the customer can only make a single-lot purchase, but multi-item. The contract price is always equal to the lot price, since this is only technically possible. The schedule is generated in Excel and then transferred to the UIS from the point of view of a structured schedule. It is considered valid when signed with an electronic signature (EDS).

The official website of the EIS highlights in red words that it does not know. You need to pay attention to all the words that are highlighted in red. Otherwise, when published, their use will be regarded as malicious misrepresentation.

Changes to the schedule posted in the Unified Information System for each procurement object are made no later than 10 (cal.) days before the date of posting in the Unified Information System a notice of the procurement or sending an invitation to participate in determining the supplier (...), with the exception of cases specified in paragraphs 7 and 8 of the Features, and if in accordance with 44-FZ it is not provided for posting a notice of procurement or sending an invitation to participate in determining the supplier (...), no later than 10 days before the date of conclusion of the contract. The countdown period is counted from the day following the date of publication of the schedule.

The schedule is subject to change by the customer in the event of a change in the procurement plan, as well as in the following cases:

• (any) increase or decrease in N(M)CCP, the price of a contract concluded with a unit. supplier (...);
• change before the start of procurement of the contract execution period, payment procedure or advance amount;
• change in the purchase start date and/or method of determining the supplier (...), cancellation by the customer of the purchase provided for in the schedule;
• implementation of the decision made by the customer based on the results of a mandatory public discussion of procurement conducted in accordance with Article 20 of 44-FZ and not requiring changes to the procurement plan;
• in other cases in accordance with the procedure for the formation, approval and maintenance of schedules established by Part 4.5 of Article 21 of 44-FZ.

When creating schedules, a procurement identification code (PIC) is required. It is indicated everywhere: in the notice and other documents of the procurement process. Soon, actions will be tracked not by purchase number, but by IKZ.

Practical implications of the changes

The customer has a sharp increase in the number of papers with which he needs to work. Previously, it was only necessary to make a procurement plan without justification, regulation, etc. This year (transition period) customers only have a procurement plan and schedule. It is good form to introduce a justification for the procurement plan and schedule, but keep in mind that the only supplier requires justification now. If this does not happen from January 1, 2017, penalties will follow.

1. Decree of the Government of the Russian Federation of October 29, 2015 No. 1168 “On approval of the Rules for posting in the unified information system in the field of procurement plans for the procurement of goods, works, services to meet state and municipal needs, schedules for the purchase of goods, works, services to provide state and municipal needs";
2. Decree of the Government of the Russian Federation of June 5, 2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and forms of such justification”;
3. Order of the Ministry of Economic Development of Russia dated June 29, 2015 No. 422 “On approval of the procedure for generating a procurement identification code.”

Any changes to the schedule must be included in the schedule change with a corresponding transfer of the procurement plan.

This is necessary to ensure that the customer’s planned economic activities are observed. Also, each line of the schedule must be completed.

New classifiers

During 2015, changes were made to a number of by-laws aimed at applying within the contract system the All-Russian Classifier of Products by Types of Economic Activities (OKPD2) OK 034-2014 and the All-Russian Classifier of Types of Economic Activities (OKVED2) OK 029-2014, namely:

1. Decree of the Government of the Russian Federation dated December 9, 2015 No. 1343 “On introducing changes to the list of goods, works, services, the purchase of which provides benefits to organizations of people with disabilities”;
2. Decree of the Government of the Russian Federation of January 31, 2015 No. 84 “On amendments to Decree of the Government of the Russian Federation of July 14, 2014 No. 656”;
3. Decree of the Government of the Russian Federation of November 21, 2015 No. 1250 “On amendments to certain acts of the Government of the Russian Federation on the contract system in the field of procurement of goods, works, services”;
4. Order of the Government of the Russian Federation dated December 17, 2015 No. 2590-r;
5. Order of the Ministry of Economic Development of the Russian Federation dated November 13, 2015 No. 847 “On amendments to the order of the Ministry of Economic Development of Russia dated March 25, 2014 No. 155 “On the conditions for the admission of goods originating from foreign countries for the purpose of purchasing goods, works, services to ensure public and municipal needs" (Registered with the Ministry of Justice of Russia on December 16, 2015 No. 40133).

Now the schedule document for the official website should contain OKPD2 and OKVED2. When filling out the schedule, you can search for the OKPD number contextually. Words are entered into the search bar and these classifiers can be found using them.

There are several documents that go against this: PP No. 791, No. 649. OKPD1 is used there. The schedule allows you to use only OKPD2. To formally comply with the requirements, you can indicate OKPD1 in the notice.

Questions from participants

Answer: The procurement plan can be changed as many times as you like and for any reason. It is important to comply with the deadlines for its placement.

Answer: None. We need to look at whose rights are violated. Here the purchase is planned, the notice is posted, but the purchase is cancelled.

Answer: Yes. The procurement plan may have contained zeros and can now be changed. This is a document that indicates the customer's wishes.

Answer: If the training has already been more than 108 hours, then it is not required, but it is desirable. Now the question regarding certification is unclear. In order for the training to be practical, it is necessary to pass certification.

Answer: We need to work on the schedule in order to place it at the time of the transition to 44-FZ. You can also buy everything you need according to 223-FZ.

Answer: The Civil Code states that the relations of the parties are established before the contract is concluded. There is a conflict with planning here. The FAS position here is unclear. The service was provided, reorganization was underway, there was no one to conclude an agreement with. Considering that this is a monopolist, the controller may miss this. It is necessary to document that it was not the customer who delayed the deadline.

Answer: Yes, this is required. The civil legal form is changing. Changes need to be made in this part. The purchase is planned for 2016 under 44-FZ. What to do? Trade. All norms of 44-FZ apply.

Answer: State Unitary Enterprise is purely 223-FZ. Starting next year, state unitary enterprises and municipal unitary enterprises will switch to 44-FZ. It is necessary to prepare for this transition: in terms of digital signature, registration on websites. The schedule must be posted before December 31 according to 44-FZ.

Answer: Yes.

Answer: The audit is carried out in accordance with 44-FZ. The origin of the money is not important.

Answer: Like everyone else. It is necessary to look at the regulations from the point of view of the Federal authorities, plus the documents that are indicated in the presentation. Since the institution operates under 44-FZ, it falls under Article 19 “Rationing”.

Answer: This question requires study.

Answer: If the amount is up to 100,000 rubles, then you don’t have to publish it. But it’s better to publish even zero procurement plans, so that you don’t end up with a situation where there are no plans, but there are reports.

Answer: They will be relevant from the point of view of legal relations before the new rules come into force. But maybe they will have to be renegotiated under 44-FZ.

Answer: For the next financial and economic year. Either for one year or three.