The procurement plan according to 223-FZ is a planned supply document that reflects the needs of the customer for certain period. The process of planning orders according to 223-FZ involves the timely notification of all participants procurement activities about the needs of the customer. This information is displayed in the purchasing plan.
How long is it approved
The term of the procurement plan under 223-FZ is at least 1 year (if the terms of a particular order provide for a longer period, the document is formed taking it into account, there are no restrictions on the maximum planning period). obliges to keep it from 5 to 7 years (even if these types of goods are not purchased, an empty document must be published).
What to include in procurement plans under 223-FZ for 2019
The customer must provide the following information:
- name and contact details (address, phone number);
- revision number, formed sequentially from the beginning of the year;
- object name, including identification code according to OKVED-2 and OKPD-2, unit of measurement according to OKEI, delivery address according to OKEI;
- description of the object and its quantity;
- starting price contract;
- the expected date of publication of the order documentation and the deadline for its execution;
- method of placing an order, indicating the type (electronic or not);
- whether the order is carried out only among small and medium-sized businesses;
- whether the order relates to the acquisition of innovative or high-tech products.
Purchases in the amount of less than 100,000 rubles. (if the customer's annual revenue is more than 5 billion rubles - in the amount of not more than 500,000 rubles), the customer may not reflect. Information constituting a state secret, as well as specific auctions determined by the Government, are also not subject to placement (Decree No. 2662 dated December 24, 2015 - goods atomic energy, dated 27.09.2016 No. 2027-r - bank notes, coins, passport forms, dated 30.06.2015 No. 1247-r - goods of space activities, etc.).
Procurement plan sample 223-FZ
Represents electronic document in a format that provides the ability to save, search and copy an arbitrary piece of text (scanned or graphic images are not allowed). The rules for the formation, changes, as well as the requirements for its form were approved by Resolution No. 932 of September 17, 2012.
How to post
The procedure for placement in the EIS is regulated by Resolution No. 908 of September 10, 2012. Chapter III indicates a ten-day period for placement from the date of approval of the plan, but no later than December 31 of the current calendar year.
To place a procurement plan, you need to prepare information for placement. To do this, select the "Prepare for placement" item in the context menu.
The system will check the data and, if there are no violations, the procurement plan goes to the "On placement" tab in the "Ready for placement" status. After that, the system will display a message to confirm placement actions.
Click on the "Continue" button. The system will display a warning message window.
Click on the “Place” button and a printable form of purchasing plan details will be displayed.
The customer must sign the document with enhanced qualified signature before its publication in the EIS. If the information provided in the printed form and in the electronic one, created through the functionality of the UIS, the data of the Unified information system(part 9 of Resolution No. 908).
How to change the purchasing plan
Cases when the customer can make changes to the procurement plan under 223-FZ, and when he has the right not to do so.
| When to make changes | When not to make changes |
|---|---|
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Timeline for changes
At the planning stage, the timing varies depending on the tasks.
| Task | Timing of change | Rationale |
|---|---|---|
| Amendments to the procurement plan 223-FZ | Within 10 days from the date of the decision to make changes, but no later than publication in the EIS | Clause 14 of the Regulations on placement in the EIS |
| Changing the procurement plan in relation to procurement by any means, including tender and auction | Before the announcement | Clause 9 of the Rules for the formation of a procurement plan, part 5.1 of Art. 3 223-FZ |
| Change of the plan in connection with the procurement in the conditions of an accident or emergency | After the conclusion of the contract. The main thing is to be sure to include information about the purchase in the plan | Clause 4 of the Rules for the formation of a procurement plan |
| Changes to the innovation plan | Not regulated. We recommend changing the innovation plan at the same time as the regular one - before the notice is posted |
An order to change the procurement plan will have to be drawn up only if such a procedure for approving changes is prescribed in the procurement regulation or other local act, for example, an order to approve the original plan. Indicate in the order the essence of the changes and the employees who are responsible for posting the changes in the EIS. You will find a sample order at the end of the article.
How to change the procurement plan in the EIS personal account
To change the procurement plan, click on the "Create changes" context menu item on the form for viewing the list of procurement plans.
The " general information» about changes.
In the article, we will analyze how and in what terms to form a procurement plan for 223-FZ customers, whether it is possible to make changes to the published plan, and also what features exist in planning the procurement of innovative, high-tech products and medicines.
- Procurement plan for goods, works, services for a period of at least 1 year.
- Plan for the purchase of innovative products, high-tech products, medicines for a period of 5-7 years.
The plan for the procurement of goods, works, services is an information base for all persons interested in participating in procurement conducted by the customer, since it contains information about the needs of the customer, the prices of the proposed purchases and their timing.
The purchasing plan helps you plan your participation in purchases conducted by customers. A well-formed procurement plan contributes to the expansion of the number of procurement participants and, as a result, to the efficient use of funds.
The procedure for the formation of a procurement plan, the procedure and terms for placing such a plan in the EIS, the requirements for the form of such a plan are established by Decree of the Government of the Russian Federation of September 17, 2012 No. 932.
The plan must contain information about the customer, the serial number of the purchase, at least necessary requirements to the objects of procurement, units of measurement, terms and planned terms for the procurement, information about the NMTsK, terms for the execution of the contract and other information determined by Law No. 223-FZ and Decree No. 932.
The procurement plan published by the customer provides for a quarterly or monthly breakdown. The terms and procedure for preparing the procurement plan are determined by the Customer independently, as a rule, in the Procurement Regulations. At the same time, it should be borne in mind that the placement of the procurement plan (amendments) in the EIS must be made within 10 calendar days from the date of its approval (amendments).
The procurement plan is placed in the EIS no later than December 31 of the current calendar year.
However, not all purchases in without fail included in the procurement plan. Purchases not included:
- constituting a state secret;
- on which the decision of the Government of the Russian Federation was made;
- the need for which arises as a result of an accident, emergency, force majeure circumstances.
In addition, the procurement plan may not reflect information on the purchase of goods (works, services) if their cost does not exceed 100,000 rubles, and if the customer’s annual revenue for the reporting financial year is more than 5 billion rubles, information on the purchase of goods (works, services), the cost of which does not exceed 500,000 rubles.
Planning is carried out “positional”, in a separate line for each planned procurement procedure. When filling out the positions of the procurement plan, write down the minimum requirements for the object of procurement, not just referring to the terms of reference (see Letter of the Ministry of Economic Development of the Russian Federation dated May 30, 2014 No. D28i-830). This will distinguish one purchase with a similar item from another, avoiding complaints from participants.
Changes in the procurement plan under 223-FZ
Often, customers are faced with a change in the need for procurement or a change in the cost of GWS planned for purchase by more than 10%. In this case, it is necessary to adjust the procurement plan and place the modified procurement plan in the EIS.
The purchase plan can be changed an unlimited number of times. At the same time, the customer develops the grounds for making changes independently. When making changes to the procurement plan in the EIS, it will be necessary to place a document with a list of the changes made.
If the procurement is carried out by holding a tender or auction, changes to the procurement plan are made no later than the posting of a procurement notice, procurement documentation or changes made to them in the EIS. For other procurement methods, such restrictions are not provided by law. At the same time, it is advisable to establish, regardless of the method of procurement, uniform terms and procedures for the formation and adjustment of the procurement plan.
When forming a procurement plan, the customer may have practical issues. For example, is it necessary to form a procurement plan if all purchases are planned to be made up to 100,000 rubles? Yes, in any case, it is necessary to form both plans, filling them with zero values (Letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. OG-D28-7458).
Or, if the customer will conclude a long-term contract, how to properly plan the purchase? In this case, information about such a contract is reflected once, only in the procurement plan of the year in which the purchase will take place, while the procurement plan must reflect the volume of purchases for the entire period of the contract.
A special place in the procurement planning system under Law No. 223-FZ is occupied by support for small and medium-sized businesses.
Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 defines procurement quotas from SMSP for a certain group of customers:
Attention! From January 1, 2018, amendments to Decree No. 1352 will come into force, which will increase quotas for “targeted” (organized for this category of participants) purchases from SMSP.
Procurement plan for innovative, high-tech products and medicines
In addition to the procurement plan for the current financial year, customers are required to place in the EIS for a period of 5 to 7 years plans for the purchase of innovative products, high-tech products, medicines. Criteria for classifying as innovative, high-tech products are determined by the federal authorities executive power in the established field of activity, as well as the State Corporation Rosatom. If the customer plans to purchase innovative products, high-tech products, medicines, information about them should be included in both plans.
Currently, a number of executive authorities have approved such criteria for use in planning procurement related to activities in the areas they regulate (education, science, healthcare, transport, etc.).
Purchases from SMP under 223-FZ
With regard to customers named in Orders of the Government of the Russian Federation No. 2258-r dated November 6, 2015 and No. 717-r dated April 19, 2016, compliance with the requirements for procurement from SMEs is controlled by the Federal Corporation for the Development of Small and Medium Enterprises, as well as executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes. With regard to such customers, draft procurement plans, procurement plans for innovative, high-tech products, medicines, as well as draft amendments to such plans, are subject to conformity assessment.
Compliance monitoring is carried out in relation to approved plans, changes made to such plans, and in relation to annual reports individual customers in part.
Only those customers who fall under the assessment and monitoring procedures form a section in the procurement plans on participation in the procurement of SMEs.
Penalties for non-placement of the procurement plan under 223-FZ
In conclusion, we recall the administrative responsibility of the customer for not posting or violating the terms for posting procurement information in the EIS, the placement of which is provided federal law No. 223-FZ. So, by virtue of Part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, failure to place information on the procurement in the EIS, the placement of which is provided for by law, entails a fine on officials - in the amount of 30 to 50 thousand rubles; for legal entities - from 100 to 300 thousand rubles.
Violation of the terms of placement of procurement plans is also fraught with fines - officials may be brought to administrative responsibility in the form of a fine from 2 to 5 thousand rubles; legal entities- from 10 to 30 thousand rubles (part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).
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Customers working under 223-FZ, unlike their colleagues under 44-FZ, publish only the procurement plan in the EIS. We will describe further how to correctly form a plan for 223-FZ and what requirements must be observed when publishing in the EIS.
From the article you will learn:
- how to form a procurement plan according to 223-FZ;
- how to compose and modify it;
- download the form;
- on the zero procurement plan under 223-FZ.
Formation and approval of the procurement plan under 223-FZ
Before creating it, you need to decide what will be bought and for what amount.
Customers who work under Law No. 223-FZ form and publish two procurement plans in the EIS:
- annual - goods, works and services;
- long-term - innovative, high-tech products and medicines.
When to make plans - the customer determines. Annual is formed for a year, long-term - from five to seven years. They need to be compiled according to the same form, but filled out in different ways.
If the customer must purchase innovative and high-tech products (hereinafter referred to as products), then it is necessary to indicate:
- The cost of contracts for products for the previous year;
- Planned production for the year;
- Planned contracts with small and medium-sized businesses, not taken into account in the total calculation for the year;
- The total amount of production for small and medium-sized businesses.
Information on the volume of production, the NMTs of the contract or the price of the lot, method and form are not included in the long-term plan. The document looks like this:
Procurements containing state secrets, having a decision of the Government, included in special lists or contracts less than 100 or 500 thousand rubles (with annual revenue of more than 5 billion rubles). Also, when approving the procurement plan under 223-FZ, purchases of an emergency nature are not placed.
How to draw up a procurement plan for 223-FZ: form and sample
Placement of the plan according to 223-FZ
There are three ways to place a procurement plan for 2018 according to 223-FZ in the EIS:
- fill out forms in the EIS;
- fill out the forms and attach the scanned plan;
- attach an electronic document.
The rules by which customers place procurement plans are described in paragraphs 15-17 of Regulation No. 908.
If you do not purchase innovative, high-tech products and medicines, then you need to place a zero procurement plan for 223-FZ for 2018 in the EIS. Just do not fill in its columns or put dashes.
If the placement period is violated, you will have to pay a fine: for a responsible employee - from 2,000 to 5,000 rubles, for an organization - from 10,000 to 30,000 rubles. Fines are established by part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation.
How and when to change the plan
The amended document is also posted by the EIS within 10 days from the date the amendments were made.
Innovation is a new or significantly improved product or process put into use that provides a qualitative increase in efficiency (127-FZ of 08/23/1996).
The Criteria for Innovative Products (IPC) are established by the federal executive body in the relevant business sector. (Orders of the Ministry of Health of July 31, 2013 No. 514n, the Ministry of Education of November 1, 2012 No. 881, the Ministry of Energy of December 25, 2015 No. 1026, etc.). It can be:
. consumer properties goods are new or superior functional characteristics previously produced;
. new or previously unused upgraded technological equipment;
. use in the production of the results of intellectual activity subject to legal protection.
High-tech orders
They embody modern scientific achievements, best practices and have high socio-economic efficiency, the criteria of which are:
. production turns out to be enterprises knowledge-intensive industries;
. production is carried out using the latest samples;
. participation of highly qualified, specially trained personnel.
Based on this, customers draw up lists of goods, works, services that are innovative and high-tech, and also develop provisions on the procedure and rules for its implementation.
Procurement plan for innovative products, high-tech products
All customers are obliged to plan orders of a special nature (in the absence of such orders, the plan is placed empty, Letter of the Ministry of Economic Development of Russia dated July 27, 2015 No. OG-D28-10145), and the obligation to carry them out is assigned only to a specific list approved by Order No. 475-r dated March 21, 2016. More than 90 companies, in particular: Gazprom, Aeroflot, Russian Railways, RusHydro, etc.
