Procurement planning is carried out through formation. Planning and methods of procurement for the supply of goods for municipal needs. Starting without mistakes is the key to success

ConsultantPlus: note.

Procurement planning for 2019 is carried out according to the old rules. In this case, changes to the schedule can be made no later than 1 day before the date of posting the notice (sending an invitation) or concluding a contract (Federal Law dated 01.05.2019 N 71-FZ).

Article 16. Procurement planning

(see text in the previous edition)

1. Procurement planning is carried out through the formation, approval and maintenance of schedules. Purchases not provided for in the schedules cannot be carried out.

2. Schedules include:

1) procurement identification codes determined in accordance with Article 23

2) name of the object and (or) names of procurement objects;

3) the amount of financial support for procurement;

4) timing (frequency) of planned purchases;

5) information on mandatory public discussion of procurement of goods, work or services in accordance with Article 20 of this Federal Law;

3. The Government of the Russian Federation establishes:

1) requirements for the form of schedules;

2) the procedure for the formation and approval of schedules, amendments to such schedules;

4. The Government of the Russian Federation has the right to establish the specifics of including in the schedule information on centralized procurement, joint competitions and auctions, procurement in which closed methods of identifying suppliers (contractors, performers) are used, as well as on individual procurements provided for in paragraph 7 of part 2 Article 83, clause 3 of part 2 of article 83.1, part 1 of article 93 and article 111 of this Federal Law.

5. Schedules are formed for a period corresponding to the validity period of the federal law on the federal budget for the next financial year and planning period, federal laws on the budgets of state extra-budgetary funds of the Russian Federation for the next financial year and planning period, the law of the subject of the Russian Federation on the budget of the subject of the Russian Federation Federation, laws of the constituent entity of the Russian Federation on the budgets of territorial state extra-budgetary funds, municipal legal act of the representative body of the municipality on the local budget. The schedules include, taking into account the provisions of the budget legislation of the Russian Federation, information on purchases, the implementation of which is planned after the expiration of the planning period. In this case, the information specified in Part 2 of this article is included in the procurement plans for the entire period of the planned procurement.

6. The schedule is formed by the state or municipal customer in accordance with the requirements of this article in the process of drawing up and reviewing draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation and is approved within ten working days after the scope of rights is communicated to the state or municipal customer in monetary terms for the acceptance and (or) fulfillment of obligations in accordance with the budget legislation of the Russian Federation.

7. The schedule is formed by state, municipal institutions, state, municipal unitary enterprises in accordance with the requirements of this article when planning the financial and economic activities of state, municipal institutions, state, municipal unitary enterprises and is approved within ten working days after approval of the financial plan accordingly -economic activities of state, municipal institutions, plan (program) of financial and economic activities of state, municipal unitary enterprises.

8. Schedules are subject to change if necessary:

1) bringing them into compliance in connection with changes in the requirements established in accordance with Article 19 of this Federal Law for goods, works, services purchased by customers (including the maximum price of goods, works, services) and (or) regulatory costs for ensuring the functions of state bodies, management bodies of state extra-budgetary funds, municipal bodies;

2) bringing them into compliance in connection with a change in the volume of rights communicated to the customer in monetary terms to accept and (or) fulfill obligations in accordance with the budget legislation of the Russian Federation, changes in the indicators of plans (programs) of financial and economic activities of state, municipal institutions, state , municipal unitary enterprises, changes in relevant decisions and (or) agreements on the provision of subsidies;

3) implementation of the decision made by the customer based on the results of mandatory public discussion of the procurement in accordance with

Planning the purchase of goods is one of the most important stages in the activities of any modern institution or enterprise. It is intended for the generation of preparatory documentation when it is necessary to purchase a product, order work, or services. The most relevant area for municipalities and state-owned companies. Several planning methods have been developed and discussed in specialized educational courses. Of course, theoretical calculations are applicable in practice, the scope of their application is extremely wide. This is largely due to the requirements of current legislation to justify acquisitions of municipalities and government agencies.

Starting without mistakes is the key to success

Currently, procurement planning is practiced according to Federal Law 44. This document declares at the federal level how important the procedure for drawing up a plan is. Requirements for drawing up an acquisition project first appeared in 2013, and since then the situation has certainly not become easier for individual institutions to implement. Legal regulations that are relevant today require planning acquisitions in strict accordance with the laws, carefully documenting every step and every operation.

Organizing procurement and drawing up a plan are tasks that, while the law remains unchanged, in our time are solved using more modern techniques. This makes it possible to adhere to established standards with increased economic efficiency of the result. The procurement planning system is the key to a positive result of the entire event. It is important to analyze the needs, taking into account the volume of funds allocated to the enterprise. Of course, the best option is to allocate funds in the quantities required by a particular institution to implement all planned transactions, but budget restrictions rarely allow for 100% implementation.

Make it right

By the way, the relevance and complexity of the issue of planning procurement plans and drawing up projects is already visible from the abundance of specialized publications that have been published recently, revealing various subtle aspects and nuances of the issue. Much is due to the difficult economic situation in the country, on the basis of which the requirements of the law are becoming more stringent, as well as control over their compliance. There is also a positive side: it is possible to effectively prevent abuses, corruption, and ineffective waste of budget savings.

Planning purchases for a year is the most common option. It would not be superfluous to draw up plans for a long period of time (five-year plan), but they are formed only in general terms. There are also short-term plans (for example, for a month), but these reflect only the current needs of the enterprise. An annual plan is not just a list of things needed to be purchased, but also a document demonstrating the prospects of the institution, its development strategy, and improvement of the work process. Often the plan is accompanied by an explanatory note justifying the need for each of the listed items. This allows you to prevent suspicions of abuse and prove the need for the allocation of funds.

Main tasks: analyzing procurement examples

Planning and procurement may be an area of ​​responsibility that the enterprise neglects. In such a situation, the quality of the service provided as a result of the work activities of the product establishment will be quite low, and the timing will be prolonged. If it was not possible to work out the contract price correctly or plan the acquisition, there is a possibility of ineffective spending of funds, which can be regarded as an offense with the ensuing consequences.

Planning for municipal procurement helps prevent unexpected cancellations. The initiator of the transaction block can be a controlling authority, a contractor, or the institution itself, which suddenly discovered an error and, for this reason, was forced to urgently stop cooperation by agreement. This leads to temporary financial losses. A customer who incorrectly completes the procurement process may face penalties. In particular, it follows from the current laws that an official who irresponsibly and incorrectly selected a procurement method is forced to answer: the punishment reaches 50,000 rubles.

One after another

In modern enterprises, procurement planning is carried out through a systematic approach to the issue using effective electronic, computing tools, and software systems. This minimizes the likelihood of human error. The sequence of operations represents the formation of a plan, its coordination with higher authorities, and the execution of plans. Already at the preparation stage, it is necessary to justify all planned operations, check compliance with the goals set for the institution, and also standardize purchases. The latter involves quality control of the purchased product or ordered service in relation to current requirements and expected consumer qualities. At the planning stage, the required quantity of the product and the maximum price at which it can be purchased are analyzed.

Procurement planning management includes organizing public comment on the event. This is especially true for a number of transactions for which publicity is stipulated in the laws. There are some activities that simply cannot be implemented without first conducting a public study and assessing the results. Currently, the most modern means and methods of communication, technical solutions, and information technologies are actively used to organize such a step.

There is no end to the paperwork!

Planning of state and municipal procurement involves the formation of a schedule and procurement plan. The second type of documentation was introduced in 2016. The first has been practiced before; its form has remained unchanged for several years. The schedule is formed for a year. The purchasing plan is drawn up for a medium term and includes all the products required by the institution and purchased from the supplier. Normally, such a document covers a three-year time period, since it is for this period that the budget is formed.

Planning procurement for public sector employees is a particularly difficult issue. It is necessary to focus on the Federal Law adopted in 2011 under number 223. It declared the possibility of drawing up a flexible plan covering a twelve-month period. Some purchases do not need to be justified. This applies to the list that falls under the standards of the second part of the fifteenth article of the previously mentioned 44th Federal Law. State employees have the right to adjust plans according to need. There are no restrictions on terms or reasons.

Everything is according to plan

Procurement in budget planning in schedule format assumes as a foundation the use of documentation developed for a three-year period and describing the basic needs of the institution. Not every legal entity can successfully formulate a procurement plan that can be translated into reality the first time, therefore the law stipulates the possibility of making adjustments to those documents that have already been published through a specialized information system.

Often changes need to be made as needs are discovered for products that were not previously identified. Through an electronic budget, procurement planning is a fairly flexible process; new items can be added, especially if the financial possibilities for their implementation are determined by savings on tenders that have already passed at the time of adjustment. Changes can be made when it is stimulated by the results of public discussion, if it was organized to satisfy the requirements of the laws.

Purchasing logistics

To ensure that procurement planning (an electronic budget managed through modern software products provides significant assistance to specialists) is as effective as possible, organize events taking into account logistics requirements. When drawing up a plan, you need to focus on the needs of the enterprise, the costs associated with work processes, and the warehouse space available for use. The amount of material required for the production process and the timing within which it must be delivered also play a role. To achieve success, you need to take into account the resources of suppliers, the ability to organize your own production of some consumables used for the manufacture of the final product or provision of services.

Formation, taking into account the entire specified procurement plan in budget planning in relation to public and private companies, allows you to establish a work process without downtime and financial losses caused by excess purchases and damage to consumables. To determine how many materials are needed (and this indicator is the basis for calculating most others), you need to master several standard calculation methods. To apply them to a specific company, you first need to collect the most complete information base on the previous use of similar raw materials in industry.

How much do you need?

One method of purchasing planning is to estimate the volume of products that need to be produced based on the customer's need for it. Knowing how significant the demand for a product is at the moment, you can reasonably calculate how much raw material will be needed. To simplify calculations, lists with products and materials are generated, taking into account the time required for the delivery of different items and storage duration. If a certain consumable material can be produced on your own, you need to calculate in advance how much time it will take.

Knowing the time intervals, they estimate the gross demand for items received from the supplier and manufactured in-house. Based on it, the net requirement is determined by analyzing existing inventories, orders placed and planned production volumes. Among the orders there may be those made earlier for the previous series of goods. They do not need to be taken into account when planning a new production cycle.

Fluctuations in demand

This method of purchasing planning is relevant when consumer interest can be described by a wave graph with repeating elements. To achieve smoothing, it is necessary to estimate how large the actual consumption of the product is over the elapsed time period, to identify the relationship with pre-calculated indicators for it. For a new period, the forecast is an indicator calculated for the previous time period, to which an adjustment value is added - the quantity of goods multiplied by the significance coefficient.

Alternative option

Another procurement planning method is deterministic. This is resorted to when it is known how long it takes to complete an incoming order, how much material is required for it, and how long it will take for consumables to be delivered.

Sometimes the stochastic approach is most applicable in practice. The basis for carrying out calculations is the methods of statistics and mathematics. Using specialized formulas, you can estimate what demand for a product is expected, and based on this, plan the purchase of consumables.

By resorting to the accumulated experience of personnel, it is possible to implement a heuristic approach to procurement planning.

There is a time for everything

Planning public and private procurement presupposes the availability of the most complete information base regarding the production process and the result of its application. It is necessary to provide analysts with access to accurate information about the movement of consumables, components, and spare parts. There must be data on all stages from the moment of research of the procurement market to the receipt of the purchased product at the warehouse.

For a logistics purchasing system to work well, you need to know what materials are used in the production process. The formation of a procurement plan involves the coordinated interaction of different people employed at the enterprise. Planning public procurement (and equally in private companies) forces us to establish mutual connections between different departments, divisions, and branches of a legal entity. Only carefully organized interaction can guarantee the correctness of calculations, analysis, and the choice of the optimal method for forming a purchase. Working together allows you to decide on the best pricing policy, conclude a profitable agreement with the supplier, and track the amount of incoming, available, and consumed raw materials. Logistics includes control over delivery times and placement of raw materials within warehouse areas.

Nothing extra

By organizing procurement logistics, it is possible to achieve a minimum inventory level in the warehouse with an uninterrupted supply of consumables to the production process. For planning to be effective, you need to accurately formulate exactly what items are required and in what volume, exactly in what time period they should be at the disposal of the workshops, and how great the capabilities of well-known suppliers are. Logisticians evaluate the current capabilities of the warehouse, work out ways to organize the production process of consumable raw materials using their own facilities.

We buy wisely

In many ways, procurement planning is closely related to the choice of a specific format for cooperation with suppliers. Recently, the most widespread option is to issue a tender. It is equally applicable to state enterprises, institutions, and when a private individual is searching for a supplier. The concept of tender came to economics quite a long time ago. Organizing tenders is the responsibility of the customer, who announces the competitive conditions for the supply of a product or provision of services. As part of the auction, those interested can enter into competition for the right to conclude an agreement with the customer on pre-announced terms. The rules that will govern cooperation must be formulated and published in advance. To do this, a complete package of tender documentation is filled out, indicating the timing of all stages of mutual work. The names of products, services, prices that suit the customer are listed.

A classic tender is a procedure involving an abundance of competitors. Winning the right to conclude a contract is not easy, but the process itself is cost-effective and fair. Its organization is entrusted to the managers of the enterprise, acting as the customer. The company assembles a purchasing commission, the composition of which is approved by the management team. These specialists prepare a package of documents, draw up everything necessary to put the conditions on public display. It is necessary to remember the current regulations and legal acts regulating tenders and auctions.

Carefully and thoroughly

All applications received within the time frame limited by the competition must be analyzed by members of the procurement commission. Regarding each of the options, a general decision is formulated: accept the proposal, appoint a potential person as a contractor, or reject the option. When deciding in favor of a specific outcome, you need to check the terms of the competition and analyze the features of all proposals received. The ideal outcome of the procedure is the conclusion of an agreement at the lowest possible price, subject to all the requirements and conditions of the customer. Impartiality, openness, transparency are the main advantages of such a procedure.

When formulating requirements for performers, you need to be guided not only by your own interests, but also by the average offers on the market. If the customer sets obviously unfavorable conditions, there are unlikely to be anyone willing to sign up for such cooperation, and not a single application will appear as a result of the tender. In order not to find yourself in such an unpleasant situation leading to missed delivery deadlines, you need to formulate adequate proposals. One of the ways that has been resorted to more and more often lately is to set the conditions that are the best possible for the customer. Each potential contractor offers its own options, either suitable in price or more affordable, and based on an analysis of all received applications, you can choose the most successful path of cooperation.

How do we do it?

When planning purchases in the form of a tender, you must first analyze the price offers of the market, compile a consolidated database of quotes, comparing different suppliers, and then proceed directly to organizing the competition. The accompanying documentation indicates the requirements for the price of the contract, the timing of its execution, the qualification level and the quality of the product. Based on the results of the tender, each participant receives an individual number, the first one is assigned to the winner. If one refuses to conclude an agreement, the second one on the list will have priority and so on. During the tender process, contact between commission members and representatives of interested potential contractors is prohibited.

Belov Valery Evgenievich, Candidate of Legal Sciences, Associate Professor of the Department of Civil and Family Law, Moscow State Law University. O.E. Kutafina (MSAL).

The article is devoted to innovations in the legislative regulation of the planning process in the contract system in the field of procurement of goods, works, and services to meet state and municipal needs. Issues closely related to planning are considered: justification of purchases, rationing of purchases, public discussion of purchases. Attention is drawn to the need to expand the planning horizon within the framework of the emerging contract system.

Key words: contract system; procurement of goods, works, services; state and municipal needs; planning.

Planning in contract system

Belov Valery Yevgenyevich, Candidate of Law, Associate Professor of Civil and Family Law Department of Kutafin Moscow State Law University (MSAL).

The article is devoted to novels of legislative regulation of planning process in purchasing system in sphere of goods, works, services procurement for public service. It considers the issues, closely connected to planning: substantiation of procurements, norming of procurements, public hearings of procurements. Attention directed to the necessity of extension of planning horizon under forming purchasing system.

Key words: purchasing system; procurement of goods, works, services; state and municipal requirements; planning.

Particular attention is paid to the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"<1>(hereinafter referred to as the Law on the Contract System), which comes into force on January 1, 2014, focuses on planning issues. In particular, this is reflected in the content of the principle of unity of the contract system in the field of procurement. In Art. 11 of the Law in question, in relation to this principle, speaks of ensuring state and municipal needs through the planning and implementation of procurement, their monitoring, audit and control in the field of procurement.

<1>NW RF. 2013. N 14. Art. 1652.

A separate chapter of the Law under consideration is devoted to issues of procurement planning. It should be noted that in the current Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Law on Placement of Orders)<2>the issues under consideration are only briefly mentioned<3>. In the Law on the Contract System, the issues under consideration regarding planning are set out in a fairly detailed and systematic manner.

<2>NW RF. 2005. N 30 (part 1). Art. 3105.
<3>In accordance with Part 7 of Art. 16 of the Law on Placement of Orders, the procedure for posting on the official website and the form of order placement plans and schedules are established by the federal executive body that carries out normative legal regulation in the field of placing orders, and the federal executive body that carries out law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation . On the basis of this norm, Order No. 761 of the Ministry of Economic Development of Russia, No. 20n of the Treasury of Russia dated December 27, 2011 was issued “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 the form of plans - schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers" // Rossiyskaya Gazeta. 2012. 22 Feb.

In accordance with Art. 16 of the Law on the Contract System, procurement planning is carried out through the formation, approval and maintenance by customers of two types of documents:

procurement plans formed for a period corresponding to the validity period of the relevant budget law;

schedules containing a list of purchases of goods, works, services to meet state and municipal needs (for the next financial year).

The Law in question notes that procurement planning is carried out based on the purposes of procurement. The latter, in accordance with this Law, includes, among other things, the achievement of goals and implementation of measures provided for:

state programs of the Russian Federation (including federal target programs, other documents of strategic and program-target planning at the federal level);

state programs of the constituent entities of the Russian Federation (including regional target programs, other documents of strategic and program-target planning at the regional level);

municipal programs (Article 13).

Thus, procurement to meet state and municipal needs is considered as a mechanism for implementing various levels of medium-term and long-term programs for the country’s socio-economic development.

Article 17 of the Contract System Law deals with procurement plans. The latter, in particular, should reflect the purposes of the procurement, the name and volume of the purchased goods (works, services), justification for the purchase, information about the mandatory public discussion of the purchase of goods, work or services (if necessary).

Procurement plans can be changed in cases established by the Law, in particular, when the purposes of procurement or the requirements for purchased goods (works, services) change.

The Law on the Contract System stipulates that the procurement plan must be formed by the state or municipal customer when drawing up and reviewing draft relevant budgets and approved within 10 working days after informing the relevant customer of the scope of his rights in monetary terms to accept and (or) fulfill the relevant obligations . The procurement plan of a budgetary institution must be formed last when planning its financial and economic activities and approved within 10 working days after approval of the plan of financial and economic activities of the budgetary institution. The procurement plan is subject to placement in the unified information system within three working days from the date of approval or change of such plan.

The law stipulates that the Government of the Russian Federation must establish a procedure for the formation, approval and maintenance of procurement plans to meet federal needs, requirements for the procedure for the formation, approval and maintenance of procurement plans to meet the needs of a constituent entity of the Russian Federation, municipal needs, as well as requirements for the form of procurement plans and the procedure for placing such plans in a unified information system<4>. The provisions of the Law regarding procurement plans come into force on January 1, 2015.

<4>It should be noted that the Chairman of the Government of the Russian Federation D.A. Medvedev approved the Action Plan for the implementation of Federal Law No. 44 of April 5, 2013 “On the contract system in the field of procurement of goods, works and services to meet state and municipal needs.” In accordance with this document, in 2013 - 2015. 53 resolutions and orders of the Government of the Russian Federation, as well as 14 departmental normative legal acts should be developed and adopted.

As already noted, in addition to procurement plans, procurement plans and schedules will have to be drawn up on the basis of the latter. In Art. 21 of the Law under consideration determines the content of the schedules. They, in particular, must reflect the name and description of the procurement object, additional requirements for procurement participants (if necessary), the method of determining the supplier (contractor, performer) and the corresponding justification.

The schedule must be developed and approved by the customer within 10 working days after he receives the volume of rights in monetary terms to accept and (or) fulfill obligations or approve the financial and economic activity plan.

Appropriate changes must be made to the schedule in the event of changes to the procurement plan, as well as in a number of other cases established by the Law. The latter, in particular, include cases of increase or decrease in the initial (maximum) contract price or the price of a contract concluded with a single supplier (contractor, performer), as well as changes before the start of procurement of the contract execution period, payment procedure or advance amount.

The schedule, as well as changes made to it, are subject to placement in the unified information system within three working days from the date of approval or change of this document.

Provisions of Art. 21 of the Law on the Contract System relating to schedules come into force on January 1, 2015. The only exception is the rule that customers make purchases in accordance with the information included in the schedules in accordance with Part 3 of this article. Purchases not provided for in the schedules cannot be carried out (Part 11, Article 21). These provisions will come into force on January 1, 2016.

As with respect to procurement plans, the Government of the Russian Federation, in relation to procurement at all levels, must establish appropriate requirements for the procedure for the formation, approval and maintenance of schedules, as well as requirements for their form and procedure for placement in a unified information system.

The Contract System Law states that features of procurement planning within the framework of the state defense order are established by Federal Law of December 29, 2012 N 275-FZ “On State Defense Order” (hereinafter referred to as the Law on Defense Order)<5>.

<5>NW RF. 2012. N 53 (part 1). Art. 7600.

In this regard, it should be noted that the defense order is formed on the basis of a number of program documents. The latter, in particular, include military doctrine; plans for the construction and development of the Russian Armed Forces, other troops, military formations and bodies; state weapons program; long-term (federal) target programs in the field of defense and state security. The detailed procedure for the formation of a state defense order is established by Decree of the Government of the Russian Federation of December 5, 2005 N 724 “On the procedure for developing a draft state defense order and its main indicators”<6>. In accordance with the approved Rules, the defense order project is developed in three stages:

<6>NW RF. 2005. N 50. Art. 5310.

1. developing proposals for the main indicators of the defense order and their composition, optimizing the indicators and linking them with the parameters of the country’s long-term financial plan;
2. development of proposals on the main parameters of the defense order - on the nomenclature, volumes of products (works, services) and projected prices for them; formation of a draft of the main indicators of the defense order;
3. formation of a draft defense order and submission to the Government of the Russian Federation.

Planning issues (formation of plans, procurement schedules) are inextricably linked with a number of other issues that are directly reflected in Chapter. 2 of the Law on the Contract System, dedicated to planning in the field of procurement.

Justification for procurement. In Art. 18 of the Law in question notes that the purchase justification is carried out by the customer when forming a procurement plan and schedule and consists of establishing the compliance of the planned purchase with the procurement goals mentioned earlier. When forming a procurement plan, the need to purchase a particular item(s) must be justified, taking into account the actual purpose of the purchase and the requirements for the purchased product, work, or service. In this case, maximum prices for the relevant product (work, service) must be taken into account, and, if necessary, regulatory costs for ensuring the functions of state and municipal bodies, management bodies of state extra-budgetary funds. In other words, we are talking about justifying what is being purchased and what funds are allocated for a particular purchase. The solution to this problem is especially relevant against the backdrop of numerous facts indicating purchases (attempts to purchase) by customers of goods for which there is either no need to purchase at all, or we are talking about unreasonably expensive cars, furniture, etc.

When forming a schedule, the initial (maximum) price of the contract or the price of the contract concluded with a single supplier (contractor, performer), as well as the method of determining the supplier (contractor, performer) and additional requirements for procurement participants are subject to justification.

The law contains a provision that when conducting monitoring, audit or control in the field of procurement, an assessment of the validity of the procurement will have to be carried out, as a result of which the procurement may be recognized as unjustified. The consequences of such recognition will be the issuance of orders to eliminate violations and the bringing of administrative liability to the perpetrators. The procedure for justifying purchases and the form of justification will be established by the Government of the Russian Federation. Thus, from justification of only the initial (maximum) contract price provided for in the current Law on the Placement of Procurement, a transition must be made to justification of the subject of procurement itself, i.e. resolving the issue not only at what price to purchase, but also what exactly should (can) be purchased. The rules under consideration on the justification of procurement will come into force on January 1, 2015.

Inextricably linked with the issue of justification for procurement is the question regulation in the field of procurement. In Art. 19 of the Law on the Contract System, dedicated to this issue, contains a definition of the concept of “rationing”. The latter is understood as “establishing requirements for goods, works, services purchased by the customer (including the maximum price of goods, works, services) and (or) standard costs for ensuring the functions of government bodies, management bodies of state extra-budgetary funds, municipal bodies.” The law also deciphers the component of this definition concerning the requirements for goods, works, and services purchased by the customer. This kind of requirements means “requirements for the quantity, quality, consumer properties and other characteristics of goods, works, services, allowing to meet state and municipal needs, but not leading to the purchase of goods, works, services that have excessive consumer properties or are luxury goods in accordance with the legislation of the Russian Federation." It is quite obvious that if we are talking, for example, about the requirements for purchased furniture or a car, then they can and should differ depending on for whom this product is purchased (the head of the administration of a rural settlement or the governor). At the same time, in both the first and second cases there must be certain restrictions regarding the subject of procurement.

The Government of the Russian Federation must establish general rationing rules, including general requirements for the procedure for the development, adoption, content and enforcement of rationing acts, as well as general requirements for certain types of goods, works, services (including maximum prices for them) and (or ) standard costs for providing customer functions.

Based on the above general rules, the relevant executive authorities will establish rationing rules in the field of procurement of goods, works, and services to meet federal needs, the needs of constituent entities of the Russian Federation and municipal needs. Standardization requirements will also be developed for other customers: government, budgetary and autonomous institutions, state and municipal unitary enterprises. Acts on standardization are also subject to placement in a unified information system.

Public discussion of procurement. The issue under consideration is reflected in Decree of the President of the Russian Federation dated May 7, 2012 N 596 “On long-term state economic policy”<7>. This act, in terms of improving budget and tax policies, increasing the efficiency of budget expenditures and government procurement, refers to the implementation of measures to ensure mandatory preliminary public discussion of placed orders for the supply of goods (performance of work, provision of services) for state and municipal needs in the amount of over 1 billion . rub., including the formation of the initial price of contracts. In fact, we are talking about a form of public control in the area under consideration: the taxpayer should not be indifferent to what purposes the relevant funds are spent.

<7>NW RF. 2012. N 19. Art. 2333.

Letter of the Government of the Russian Federation dated August 2, 2012 N AD-P13-4450<8>public discussion of large purchases with an initial (maximum) contract price of over 1 billion rubles is provided. Federal executive authorities must ensure that, from August 10, 2012, the provisions of the procedure for public discussion of the procurement of goods (works, services) for state and municipal needs in an amount exceeding 1 billion rubles, prepared by the Ministry of Economic Development of Russia, are applied in their activities. when placing orders for the supply of goods, performance of work, provision of services for federal state needs, as well as the needs of federal state budgetary institutions (hereinafter also referred to as the procedure for public discussion)<9>.

<8>www.economy.gov.ru
<9>www.economy.gov.ru

The executive authorities of the constituent entities of the Russian Federation, in turn, are recommended to organize the application by state and municipal customers from this date in their activities of the provisions prepared by the Ministry of Economic Development of the Russian Federation.

In Art. 20 of the Law on the Contract System states that the Government of the Russian Federation will have to establish cases of mandatory public discussion of procurement and the procedure for such discussion. At the same time, in the regulatory legal acts of the constituent entities of the Russian Federation and municipalities it will be possible to provide for other cases of mandatory public discussion of procurement for regional and municipal needs, respectively, as well as the procedure for mandatory public discussion of procurement in such cases.

The consequence of mandatory public discussion of procurement may be changes to procurement plans, schedules, and procurement documentation. In certain cases, procurement may be canceled altogether. Procurements subject to mandatory public discussion cannot be carried out without such a discussion.

Provisions of Art. 20 of the Law on Mandatory Public Discussion of Procurements should come into force on January 1, 2016. Until that time, the current procedure for public discussion of procurements will be maintained.

In ch. 2 of the Law on the Contract System also contains rules on the initial (maximum) contract price and the price of a contract concluded with a single supplier (contractor, performer) (Article 22). The determination and justification of appropriate prices must be carried out by the customer using the method of comparable market prices (market analysis); normative method; tariff method; design and estimate method; costly method. If it is impossible to use these methods, the customer has the right to use other methods. In this case, it is necessary to include in the justification of the corresponding prices a justification for the impossibility of using the above methods. This article highlights the signs of identical and homogeneous goods (works, services), as well as signs of comparability of commercial and (or) financial conditions for the supply of goods, performance of work, and provision of services.

Federal executive body for regulation of the contract system in the field of procurement<10>Methodological recommendations will be developed on the use of methods for determining the initial (maximum) price of a contract and the price of a contract concluded with a single supplier (contractor, performer).

<10>In accordance with clause 1 of the Decree of the Government of the Russian Federation of August 26, 2013 N 728 “On determining the powers of federal executive authorities in the field of procurement of goods, works, services to meet state and municipal needs and on introducing amendments to certain acts of the Government of the Russian Federation” (official Internet portal of legal information http://www.pravo.gov.ru) The Ministry of Economic Development of the Russian Federation is designated as the federal executive body for regulating the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Article 23 of the Law on the Contract System is devoted to the procurement identification code and catalog of goods, works, and services to meet state and municipal needs. The procedure for generating a procurement identification code will be established by the federal executive body regulating the contract system in the field of procurement in agreement with the federal executive body exercising the functions of developing state policy and legal regulation in the field of budgetary, tax, insurance, currency and banking activities.

From January 1, 2017, the name of the procurement object in cases established by law will be indicated in accordance with the catalog of goods, works, and services to meet state and municipal needs. The formation and maintenance in a unified information system of a catalog of goods, works, and services to meet state and municipal needs will be ensured by the federal executive body regulating the contract system in the field of procurement. The Government of the Russian Federation will have to establish the procedure for creating and maintaining the specified catalog in a unified information system, as well as the rules for its use.

It is necessary to pay attention to the planning periods in the contract system, which allow us to talk only about short-term planning. At the same time, a number of program documents note the need to transition not only to medium-term, but also to long-term planning (forecasting) within the framework of the emerging contract system. Thus, issues related to the formation of the contract system in Russia (including in terms of planning and forecasting) were raised in the Address of the President of Russia to the Federal Assembly of the Russian Federation dated November 30, 2010.<11>. This policy document, in particular, speaks of the need to determine for the next three years forecast plans for the purchase of the latest equipment, medicines, and other high-tech products from the state and large state-owned companies. According to the document under consideration, in the future it is planned to expand the forecasting horizon to 5 - 7 years, i.e. We are talking about the transition to medium-term planning (forecasting) in the area under consideration.

In the Strategy for Innovative Development of the Russian Federation for the period until 2020, approved by Decree of the Government of the Russian Federation of December 8, 2011 N 2227-r<12>(hereinafter referred to as the Innovative Development Strategy), Section 3 is devoted to the issues of forming a contract system. VIII "Innovative State". In accordance with this policy document, it is assumed that the contract system will allow for medium- and long-term planning of public procurement and inform the business sector about the projected need for innovative products that will be in demand within the framework of a promising government order. Particularly highlighted is the area related to the formation of forecasts (for 5 - 7 years) and public procurement plans, including an innovation component.

<12>NW RF. 2012. N 1. Art. 216.

In the meantime, according to the provisions of the Law under consideration, planning in the field of procurement of goods, works, and services to meet state and municipal needs will be short-term in nature, not extending beyond a three-year period.

In conclusion, the following should be noted.

The adoption of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” is an important stage in the further development of legal regulation of relations in this area, including in terms of planning and related issues of justification and regulation of procurement , their public discussion, etc. In the future, we should talk about the transition from short-term to medium-term and long-term planning within the framework of the emerging contract system.

According to Part 1 of Art. 16 of Law No. 44-FZ, from January 1, 2015, procurement planning is carried out based on the purposes of procurement through the formation, approval and maintenance of:

• procurement plans;
• plans and schedules.

Differences between procurement plans and schedules.
The procurement plan is a list of purchases as such or, relatively speaking, a list of needs (state, municipal, budgetary institutions) that must be satisfied, and information about the funds allocated to provide them. It is the very need for procurement and the expected volumes of financing that can become the subject of public discussion, as a result of which the procurement plan can be changed.

The schedule is a list of activities for the implementation of the procurement plan, containing more detailed information about the conditions for implementing the procedures for identifying counterparties. In this case, procurement plans are formed for a period corresponding to the validity period of the law (municipal legal act) on the corresponding budget for the next financial year and planning period (Part 4 of Article 17 of Law No. 44-FZ). And the schedule is formed only for the financial year (Part 1, 10, Article 21 of Law No. 44-FZ).

The procedure for the formation, approval and maintenance of procurement plans, procurement plans and schedules are defined in Part. 3, 5 tbsp. 17, h.h. 4-7 tbsp. 21 Law No. 44-FZ.

Let us remind you that the requirements for drawing up procurement plans, schedules in the new form and justification for procurement come into force only from January 1, 2015 (Part 2 of Article 114 of Law No. 44-FZ).