Procurement plan for federal law 223. Amendments to the annual procurement plan. Rules for compiling and posting

Today we will talk about what to do if it is necessary to make changes to the procurement plan under 223-FZ. We note right away that this procedure should be regulated. Therefore, when forming the Regulation, it is necessary to prescribe in detail the grounds and procedure for adjusting planning documents. In the article, we will consider a typical order for changing it, which can be taken as a model.

When should you change your purchasing plan?

Let's turn to the Rules for the formation of a procurement plan, approved by a government decree No. 932 of September 17, 2012. Paragraph 8 says that the procurement plan should be changed:

• when the customer's need for GWS changes, including the timing of their purchase, the method of determining the supplier, the deadline for the execution of the contract;
• when the cost of the required GWS during the preparation of the purchase has changed by more than 10% from the planned one;
• in other cases, which the customer prescribed in his Procurement Regulations and other documents.

So, the customer can determine that it is necessary to make changes to the procurement plan if:

Registration in ERUZ EIS

From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

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

• adjustments are made to the investment or production program of the enterprise;
• the purchase budget, the amount of financing changes;
• the purchase must be repeated.

So, it is necessary to make changes to the procurement plan according to 223-FZ when it is required by Decree No. 932 or the Provision on the purchase of the customer.

Procurement plan adjustment

The procedure for making changes to the document should also be specified in the Procurement Regulations. For example, it could be like this:

1. The customer department that needs to change the plan forms the rationale for making such a change. This document should indicate the reason, for example, the need for additional goods or services.
2. The justification is sent to the procurement commission. She checks whether the submitted document complies with the Procurement Regulations and decides whether the plan needs to be changed.
3. If a positive decision is made, a manager's change order to the planning document. The order must include:
   • the date of its compilation;
   • grounds for changing the procurement plan with reference to a clause of the Regulations or other internal document;
   • the essence of the changes, and in such a way that it is clearly clear what information is excluded and what is added.

In accordance with the government decree No. 908 dated September 10, 2012, when publishing information about changes in the EIS, it is placed in a document that provides a complete list of such changes. So, the order of the head mentioned above can be the same document.

Publication of changes in the EIS

When purchase plan adjustments are made, they should be approve. After that, in accordance with Decree No. 908, it is necessary to post updated information in the EIS. For this, after the approval of the procurement plan, the customer has 10 calendar days.

A change in the procurement plan in the EIS means a change in a structured document and / or publication electronic form procurement plan and its modified graphic image. This is established in paragraphs 18, 19 of Decree No. 908. It is also necessary to place in the system a document (or its electronic image) containing list of all changes to the procurement plan.

If changes are made to the structured view of the plan, the UIS displays a window in which you need to indicate the rationale for making changes to the documents. Here you need to indicate the very reason why the procurement plan is changing, for example, an increase in the cost of GWS by more than 10% of the planned level.

Placement in the EIS is carried out as follows:

1. A document is selected in the register of plans, after which the context menu selects " Create a change project».
2. EIS will open the tab " general information ". All cells in it will be filled with data from the current procurement plan. You need to enter the correct information in the appropriate fields.
3. You must fill in the field " Reason for the change».
4. When all fields are filled in, click " Further» and fill in the following tabs.
5. After making all the changes, you need to upload the current version of the procurement plan and the base document (adjustment decision or others) into the system. After that press the button " To complete».

It is not necessary to change the entire procurement plan, especially if the adjustments are minor. You can only choose separate position and make changes by clicking the appropriate item in the context menu. You will also need to select a reason for the change. When choosing a reason Other case» you need to add justification.

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:

1. The cost of contracts for products for the previous year;
2. Planned production for the year;
3. Planned contracts with small and medium-sized businesses, not taken into account in the total calculation for the year;
4. 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 of less than 100 or 500 thousand rubles (with annual revenues of more than 5 billion rubles) are not indicated. 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 in the EIS zero plan purchases under 223-FZ for 2018. 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.

Reading time: 10 min

Procurement conducted by enterprises with a high share of state participation is carried out in accordance with Law No. 223-FZ. Drawing up and placing in public access a plan for such purchases is a necessary procedure for the customer, and the procedure for drawing up the plan depends on starting price contract with the contractor, objects of procurement and methods of its implementation.

Dear readers! Each case is individual, so check with our lawyers for information.Calls are free.

The concept and methods of forming a procurement plan

Depending on the objects of procurement, there are two main options for the formation of a procurement plan according to 223-FZ:

• for a period of at least one year;
• for a period of 5 to 7 years.

For a period of 5-7 years, a plan is formed if the objects of procurement are innovative or high-tech goods or services, as well as medications. In other cases minimum term The plan is for one year.

The procedure for drawing up a procurement plan depends on the method of its implementation, the main methods include:

• contract with .

The procurement plan for a limited number of persons is not posted in the EIS.

Fragmentation of purchases

It is important to take into account that the customer may not include purchases in the amount of less than 100,000 rubles in the plan, and if the organization’s annual profit exceeds 5 billion rubles, then the plan may not include purchases in the amount of up to 0.5 million rubles (part 15 of article 4 of the law No. 223).

In this regard, customers often carry out the splitting of purchases, that is, the division of one large purchase into several smaller ones, for each of which the contracts are less than 100,000 rubles, in order to exclude such purchases from the plan and determine the contractor at their discretion.

Control authorities distinguish the following signs of fragmentation of purchases:

• multiple purchases one and the same ;
• identical conditions for a number of small purchases one customer;
• choice of the same for several similar purchases in a non-competitive way.

Customers can justify the signs of splitting by the need for different delivery times for one product or by the monopoly of the current contractor on the market. It is important to consider that unreasonable splitting can lead to administrative liability in the form of a fine of 30,000 rubles (Article 7.29 of the Code of Administrative Offenses).

Instructions for forming

Creating and publishing a procurement plan occurs in the following order:

1. The customer determines the volume of necessary goods, works or services, as well as the timing of their delivery.
2. A procurement regulation is being developed for the next calendar year.
3. Based on the provision, a procurement plan is drawn up and approved.
4. The procurement plan is located in.
5. If necessary, the plan is amended.

The customer must publish the plan in the EIS within 10 days after signing the order to approve such a plan, while the plan for the next year must be published before December 31 of the previous year (clause 14 of Resolution No. 908).

The following information must be included in the plan:

• contact details and details;
• plan number since the beginning of the year;
• subject of each purchase;
• descriptions of objects of procurement(goods, works or services);
• units procurement objects;
• delivery region;
• purchase method and starting price(if necessary);
• terms of the contract;
• nature of the procurement(with or without involvement);
• information about the presence in the list of objects medicines or innovative products;
• information about participation in the procurement of small or.

As the subject of the procurement, you must specify the provision of services, the supply of goods or the performance of work. Descriptions of procurement objects should allow them to be uniquely identified; objects on the procurement portal (KTRU) or information from the All-Russian Product Classifier (OKPD 2) are used as a template for describing objects.

It is important to know that when creating a procurement plan for high-tech or innovative goods, as well as medicines with the involvement of small and medium-sized businesses as contractors, the draft plan is checked and evaluated by regulatory authorities for compliance with legislative norms (clause 4.1 of Decree No. 932).

The plan should be divided into periods equal to a quarter or a month. Purchases with an initial price below 100,000 rubles should be marked in the plan with zero values, indicating only the number and date of the purchase.

How to make changes

• when the need changes in goods or services;
• when changing the required deadlines order execution;
• when the value changes the necessary objects by more than 10%;
• otherwise provided for in the Procurement Regulations.

If, when preparing for the purchase and calculating the initial price, it turns out that the increase in the cost of purchased goods on the market does not allow meeting the planned costs, the plan is adjusted in accordance with paragraphs. "b" paragraph 8 of Resolution No. 932.

The rationale for the changes made is indicated in the plan, if it is provided for by the Procurement Regulations.

Changes can be published in the EIS within 10 days after the signing of the order to adjust the plan. If the purchase is carried out in the form of a tender or auction, then changes to the plan after the publication of the final version of the notice of purchase are not allowed (clause 9 of Resolution No. 932).

The electronic procurement plan reflects the basic information about the number of objects needed by the customer, their characteristics and delivery times. You can avoid mistakes when placing a procurement plan by providing a detailed description of all positions standard form plan, taking into account the requirements of the procurement legislation.

So, the instructions for making changes to the procurement plan under 223-FZ:

Step 1. Determine the reasons for making changes

223-FZ does not regulate the introduction of changes to the procurement plan in detail. General grounds changes to the procurement plan are enshrined in clause 8 of the Rules for its formation (No. 932 dated September 17, 2012).

These include:

• changes in the need to purchase works, goods and services (the timing of the purchase, the method of conducting a competitive procedure, the term for fulfilling the contract);
• cost changes necessary work, goods, services by more than 10% of the planned, identified in preparation for the procurement procedure;
• other cases specified by the customer.

Changes may also be made in connection with:

• adjustments made to the investment or production program of the enterprise;
• change in the procurement budget;
• change in the amount of funding;
• carrying out repeated procurement procedures, etc.

Correction of the procurement plan is made only if it is provided for by Decree No. 932 or the procurement regulation and other internal documentation of the customer. it is necessary to prescribe as fully as possible the cases when the adjustment of the PP is possible.

• Information on the formation and change of the procurement plan under 223-FZ Download in.docx

Step 2. Making changes

After the basis for making adjustments has been found, the question arises of how to make changes to the procurement plan under 223-FZ. The answer to this question should also be sought in the procurement regulations of the enterprise. As a rule, the adjustment is carried out in the same way as the approval of the plan itself.

Let's bring approximate order making changes to the software:

1. The interested subdivision sends a rationale for making changes to the procurement plan under 223-FZ, in which it indicates the basis for making adjustments, and also provides the content of such adjustments. Justification example: " Due to the need for...».
2. The procurement commission checks the submitted justification for compliance with its procurement regulations and other documents of the enterprise and makes a decision on the appropriateness and legality of the proposed solutions.
3. An order to make changes is issued, which is signed by the head of the enterprise.

From July 1, 2018, new rules come into force for customers under 223-FZ. Throughout 2018, the law is constantly changing: some of the new rules must be applied from January, some come into force in July, and finally everything will be completed by 2019. See the table to see which changes have already taken effect and which will become mandatory in mid-summer.

- From the article

A sample order to amend the procurement plan under 223-FZ must contain the following attributes:

• registration date;
• grounds for making changes with reference to a clause of an internal document;
• changes made to the plan. They should be given in such a way that it is clear what and where was added, corrected or excluded.

A change in the information on procurement in the EIS is carried out with the placement of a document that contains a complete list of the adjustments made (clause 5 of September 10, 2012 No. 908). The order discussed above can act as such a document.

Step 3: Placing Changes

We continue to answer the question of how to make changes to the procurement plan under 223-FZ. First of all, consider the timing of the placement of changes. After the adjustments are approved, the customer has 10 calendar days to publish such changes (clause 14 of Resolution No. 908).

From July 1, customers should get used to the new rules of the Law on GWS Procurement by Individual Legal Entities, which will soon come into force. Customers should take into account that they have touched upon the time frame in which documents must be placed in the EIS. .

Consider the procedure for making changes to the PP. The enterprise makes adjustments to the structured view of the plan and / or publishes:

• electronic type of software;
• modified graphical image of the software.

This is stated in p.p. 18.19 of Resolution No. 908.

In addition, the organization publishes a document or electronic image of the document that lists all adjustments to the PP.

Thus, the terms for publishing changes to the procurement plan under 223-FZ are 10 calendar days. When making adjustments to the structured view of the plan, the system will display a dialog box in which you must specify the rationale for making changes to the procurement plan under 223-FZ. What to write? For example, a change in the cost of work, goods, services by more than 10% compared to the planned figures.

How to change the plan in the EIS

To change the PP, select desired document in the register of plans and in the context menu, click "Create change project". The system will open the "General Information" tab, all fields in which are filled in according to the information from the current version of the plan. Make changes and fill in the field "Justification for making changes" on the grounds of the Regulations.
Click "Next" and complete the tabs as described above. Attach the current version of the plan, the decision to adjust, or other documents. Click the "Finish" button.
You can change not the whole plan, but individual positions. To do this, select the desired position and select the "Make changes" item in the context menu. Choose the reason why you are making changes.
If you check the box "Other case", then justify. Make your edits and click Finish.

6) information on the quantity (volume) of purchased goods (works, services) in physical terms;

7) region for the supply of goods, performance of work, provision of services and code for All-Russian classifier objects of administrative-territorial division (OKATO);

8) contract price (lot price);

9) purchase (year, month);

10) term of performance of the contract (year, month);

11) method of procurement;

12) purchase in electronic form(Not really);

13) on the procurement of goods (works, services) through tenders, other methods of procurement, the participants of which are only small and medium-sized businesses;

14) on the purchase of goods (works, services) that meet the criteria for classifying innovative products, high-tech products, including from small and medium-sized businesses;

15) on attributing (about the absence of criteria for attributing) procurement to the list of procurements provided for in paragraph 7 of the Regulations on the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services certain types legal entities, the annual volume of such purchases and the procedure for calculating the specified volume, approved by the Government Russian Federation dated December 11, 2014 N 1352 "On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services by certain types of legal entities" (if necessary, at the choice of the customer).

1.1. Plan for the procurement of goods (works, services) of customers, determined in accordance with clause 2 of part 8.2 of article 3 federal law"On the Procurement of Goods, Works, Services by Certain Types of Legal Entities" (hereinafter referred to as the Federal Law), is formed in the form in accordance with the appendix to this document and contains, among other things, a section on the participation of small and medium-sized businesses in the procurement, formed taking into account the following features:

Information about changes:

Paragraph 1.1 was supplemented by subparagraph 1 from January 1, 2020 - Resolution

1) for the first year of implementation, the procurement plan for goods (works, services) must contain the information specified in subparagraphs 1-15 of paragraph 1 of this document;

Information about changes:

Clause 1.1 was supplemented by subclause 2 from January 1, 2020 - Decree of the Government of Russia of December 27, 2019 N 1906

2) for the second year of implementation, the plan for the procurement of goods (works, services) must contain the information specified in subparagraphs 1 - 4, , , and 14 of paragraph 1 of this document;

Information about changes:

Clause 1.1 was supplemented by subclause 3 from January 1, 2020 - Decree of the Government of Russia of December 27, 2019 N 1906

3) for the third year of implementation, the plan for the procurement of goods (works, services) must contain the information specified in subparagraphs 1 - 4,, and 14 of paragraph 1 of this document.

1.2. The plan for innovative products, high-tech products, medicines of customers, determined in accordance with clause 2 of part 8.2 of Article 3 of the Federal Law, is formed in the form in accordance with the appendix to this document and contains, among other things, a section on the participation of small and medium-sized businesses in the procurement.

Serial number

Terms of an agreement

Purchasing method

Procurement in electronic form

Subject of the contract

unit of measurement

Quantity Information

Information about the initial (maximum) contract price (lot price)

Name

Name

the planned date or period for posting a notice of purchase (month, year)

Participation of small and medium-sized businesses in the procurement

The total annual volume of planned purchases of goods (works, services) in accordance with the plan for the purchase of goods (works, services) (plan for the purchase of innovative products, high-tech products) is _____ rubles. The total annual volume of planned purchases of goods (works, services) that are excluded when calculating the annual volume of purchases of goods (works, services) that are planned to be carried out based on the results of the purchase of goods (works, services), the participants of which are only small and medium-sized businesses, is _____ rubles. The annual volume of purchases that are planned to be made based on the results of the purchase, the participants of which are only small and medium-sized businesses, provided for in the part relating to the first year of implementation, the section specified in paragraph 1.1 of the requirements for the form of the procurement plan for goods (works, services) approved by the resolution of the Government of the Russian Federation of September 17, 2012 N 932 "On approval of the Rules for the formation of a plan for the procurement of goods (works, services) and requirements for the form of such a plan, is _____ rubles (_____ percent). The total annual value of contracts concluded by the customer based on the results of the purchase of innovative products, high-tech products for the year preceding the reporting year is _________ rubles. The annual volume of purchases of innovative products, high-tech products, which are planned to be carried out in accordance with the draft plan for the purchase of goods, works, services or the draft plan for the purchase of innovative products, high-tech products, medicines (in terms of the first year of its implementation) or the specified approved plans (taking into account changes that were not submitted for compliance assessment or compliance monitoring) is _________ rubles. The total annual volume of planned purchases of goods (works, services), which are excluded when calculating the annual volume of purchases of innovative products, high-tech products, which are planned to be carried out as a result of the purchase of goods (works, services), the participants of which are only small and medium-sized businesses, is _________ rubles. The annual volume of purchases of innovative products, high-tech products, which are planned in accordance with the draft plan for the purchase of goods, works, services or the draft plan for the purchase of innovative products, high-tech products, medicines (in part of the first year of its implementation) or approved by these plans to be carried out based on the results of procurement , whose participants are only small and medium-sized businesses, is _________ rubles. The total annual value of contracts concluded by the customer based on the results of the purchase of innovative products, high-tech products, the participants of which were only small and medium-sized businesses, for the year preceding the reporting year, is _________ rubles.

Serial number

Terms of an agreement

Purchasing method

Procurement in electronic form

Subject of the contract

The minimum necessary requirements for the purchased goods (works, services)

unit of measurement

Information about the quantity (volume)

Region of supply of goods (performance of work, provision of services)

Information about the initial (maximum) contract price (lot price)

Procurement procedures schedule

Name

Name

the planned date or period for posting a notice of purchase (month, year)

term of the contract (month,

______________________________________ ___________________ "____" ____________ 20____ (Full name, position of the head (signature) (date of approval) (authorized person) of the customer) MP