On approval of guidelines on the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations. The practice of procurement from small businesses

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

What is a small business entity according to 44-FZ

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

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

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

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

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

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

Procurement documentation from SMP under 44-FZ and contract

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

Benefits when purchasing from small businesses 44-FZ

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

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

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

From the article you will learn:

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

From the article

The volume of mandatory purchases from small businesses 44-FZ

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

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

You can carry out any procedure:

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

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

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

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

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

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

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

The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative benefits are provided.

Small business entities- These are commercial organizations (legal organizations and individual entrepreneurs) that carry out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and number of employees.

Which organizations belong to the SMP

For business entities and partnerships, at least one of the requirements of paragraph 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators for revenue and the average number of employees are considered.

Federal Law "On the development of small and medium-sized businesses in the Russian Federation" dated July 24, 2007 N 209-FZ regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing more organizations to meet the status of a small or medium-sized business.

Gradation of enterprises and limits set in each of the groups:

Micro enterprise: the amount of annual revenue without VAT should not exceed 120 million rubles, and the number of employees should not exceed 15 people.

Small business: the amount of annual revenue - no more than 800 million rubles, the number of employees - no more than 100 people.

Medium enterprise: revenue without VAT for the year is up to 2 billion rubles, and the average number of employees does not exceed 250 people.

The same rules for categorization apply to individual entrepreneurs. If individual entrepreneurs do not have employees, then only the amount of revenue received for the year will serve as a criterion. When using the patent taxation system, IP is referred to as a micro-enterprise.

All SMEs are entered in the Register of Small Business Entities, maintained by the Federal Tax Service, on the basis of:

information from the Unified State Register of Legal Entities, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from business activities and the application of special tax regimes, in the reporting established by the legislation of the Russian Federation;

information provided by persons specified in paragraph 2 of Art. 6 FZ No. 408-FZ;

information provided by legal entities and individuals entered in the SMP register.

More detailed information can be obtained on the website of the Federal Tax Service, including see.

Regarding public and commercial procurement, small businesses also have a number of advantages over other participants.

Purchase from small businesses, SONKO 44-FZ

Public procurement under 44-FZ from small and medium-sized businesses is regulated by Art. 30 44-FZ.

For customers working in accordance with the law "On the contract system", a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in the amount of at least 15% of their annual purchases. Such auctions can be carried out in the following forms:

open competition;

competition with limited participation;

two-stage competition;

electronic auction;

request for quotations;

request for proposals.

At the same time, the initial maximum price of the contract should not exceed 20 million rubles.

Also, a positive moment in procurements carried out only among small businesses and socially oriented non-profit organizations is that the amount of application security for participation is set at no more than 2% of the NMCC. For comparison, in other procurements, the customer has the right to establish an application security in the amount of up to 5% of the contract price.

Involvement in the execution of the contract SMP or SONCO

During the procurement, the customer has the right to establish in the notice a requirement for a contractor who is not an SMP or SONCO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of the work (of the contract value) was carried out with the involvement of a subcontractor from among the SMP, SONCO, and this part is credited to the customer in the volume of purchases for the reporting period made from small businesses and SONCO.

The contract of such a tender must include a clause on the civil liability of the contractor for failure to fulfill the conditions for engaging a subcontractor from among the SMP, SONKO.

The Government of the Russian Federation may establish standard conditions for contracts providing for the involvement of SMEs (small and medium-sized businesses) in the execution.

Advantages:

1. the contractor must settle with subcontractors and co-executors involved from among the SMP and SONCO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendar days.
2. the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of SMP or SONKO.

Calculation of the volume of purchases from SMP, SONKO according to 44-FZ

money to secure the application must be deposited into a special bank account;

the contract with the winner of the purchase is concluded in electronic form at the site (the paper version is not used).

Terms of publication of notices of procurement:

Contests and auctions:

at NMTsK up to 30 million rubles, then at least 7 days;

at NMTsK more than 30 million rubles - in 15 days.

Request for proposals— within 5 working days (NMCC should not exceed 15 million rubles).

Quote request- for 4 work. days (NMTsK should not exceed 7 million rubles).

The payment term under contracts concluded with SMEs from 01/01/2020 has been reduced from 30 days up to 15 days. By analogy with purchases from the NSR under 44-FZ.

Procurement schedule from SMEs

Customers who are included in the category according to PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the EIS. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.

In the procurement schedule, the customer must reflect and approve in separate sections the goods, works or services that he will purchase by bidding only among the SMEs. Participants of such tenders in the application must declare their belonging to the NSR, at the moment the form is unified and the same for everyone.

The initial maximum purchase price, carried out only among participants in small and medium-sized businesses, should not exceed 400 million rubles.

Also, a certain group of customers, approved by Government Decree N 475-r, must purchase innovative and high-tech equipment from small businesses.

According to Art. 5.1 223-FZ in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports with the requirements of the RF legislation on procurement from SMEs is carried out. Conformity assessment is carried out within the framework of checking the draft plan for the procurement of goods, works or services, the draft plan for the procurement of innovative and high-tech products and projects for amending such plans, prior to the approval of these plans.

Monitoring is already carried out according to the procurement plans approved by the customer and the changes made to them.

Based on the results of the inspection and monitoring, a conclusion is issued on the conformity or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer needs to eliminate them or place a protocol of disagreements to this notification in the EIS. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.

Report on procurement from SMEs

At the end of the month, each customer must draw up a report that will contain information about his purchases from SMEs, and no later than the 10th day of the month following the reporting month, place it in the EIS. (clause 4, part 19, art. 223-FZ)

Until February 1 of the year following the reporting year, the customer must publish in the EIS an annual report in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.

Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not place it at all in a single information system, then appropriate sanctions are imposed on such an organization, namely - it loses the privileges of purchasing under 223-FZ and from February 1 until the end of the year following the reporting one, it will be obliged to conduct auctions only within the framework of 44-FZ.

As for the submission of reports by companies operating under 223-FZ, but not obliged to purchase from SMP, these companies also submit monthly reports on the number of contracts signed with SMP, which indicate the number of such contracts, in case of their absence, they simply write the value 0. At the same time, organizations that do not fall under Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in auctions only by small and medium-sized businesses, because. this would be considered a restriction of competition.

Annual report on purchases from SMEs of enterprises with revenues of less than 2 billion rubles. should not be published, even if such tenders were held.

SME suppliers

Now the benefits for procurement participants belonging to small and medium-sized businesses have been canceled. But at the same time, there are restrictions that do not allow participation in the procurement conducted for SMEs.

OOO IWC"RusTender"

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code of the Russian Federation

The law enforcement practice of supporting small businesses and socially oriented non-profit organizations within the framework of the contract system in 2015-2016 is analyzed.

The article reveals the practical issues of applying the requirements of the Federal Law of 05.04.2013 No. 44-FZ in terms of substantiating the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) when making purchases for state and municipal needs.

Efremov SV Bulletin of the Russian Academy of Natural Sciences. 2014. V. 2. S. 86-89.

The issues of supporting the development of the non-profit sector by the federal government by providing subsidies to the constituent entities of the Russian Federation for the implementation of regional programs to support non-profit organizations are being studied. For the first time, an analysis was made of how real the "offer" of various types of support for non-profit organizations at the regional level is, and the dependence of this "offer" on key factors of regional development was also investigated.

The training manual contains practical recommendations on justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) in the course of procurement under the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

Second edition, revised and enlarged

Prosyanyuk D. V., Eferina T. V., Lizunova V. O. Social services. 2014. No. 2. S. 15-25.

The article raises the issue of the readiness of the non-state sector of the economy (non-profit and commercial organizations to expand activities in the social services market. The problems faced by participants in the process of denationalization of social services and measures to improve the institutional environment are presented.

The manual contains practical recommendations on the formation of the procedure for evaluating and comparing applications, the final proposals of procurement participants in the implementation of procurement under the contract system in the field of procurement of goods, works, services to meet state and municipal needs

Efremov S.V., Shadrin A. E., Ladygin V. V. and others. In the book: Analytical materials of the Ministry of Economic Development of the Russian Federation. VI All-Russian conference "Intersectoral interaction in the social sphere" December 9-10, 2013. M.: Ministry of Economic Development of the Russian Federation, 2013. P. 195-220.

In accordance with the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations", as well as in accordance with the order of the Government of the Russian Federation of February 19, 2013 No. OG-P44-47pr, the Ministry of Economic Development of Russia annually monitors the effectiveness of providing :

Subsidies to the budgets of the constituent entities of the Russian Federation for the implementation of regional programs to support socially oriented non-profit organizations;

Subsidies to socially oriented non-profit organizations for the implementation of programs to provide information, consulting and methodological support for the activities of other socially oriented non-profit organizations, to facilitate the involvement of volunteer labor, as well as to identify, generalize and disseminate best practices for implementing projects of socially oriented non-profit organizations.

The article presents the results of monitoring the effectiveness of providing subsidies from the federal budget to support socially oriented non-profit organizations for the period 2011-2013.

The collection contains abstracts of reports of the annual scientific and practical conference held by the Faculty of Law of the Perm State National Research University. The topical problems of the theory of state and law, constitutional, civil, business, labor, criminal, financial law and a number of other branches are investigated.

The publication is intended for scientific and practical workers.

Part 1. Volgograd: Volgograd scientific publishing house, 2010.

The collection includes articles by the participants of the international scientific-practical conference "Economics and Management: Problems and Prospects of Development", which took place on November 15-16, 2010 in Volgograd on the basis of the Regional Center for Socio-Economic and Political Research "Public Assistance". The articles are devoted to topical issues of economic, management theory and practice, studied by scientists from different countries participating in the conference.

Anisimova A. I. , Muradyan P. A. , Vernikov A. V. SSRN Working Paper Series. Social Science Research Network, 2011. no. 1919817.

This empirical article relates to the theory of competition and the theory of industrial markets. It examines the relationship between industry structure and competitiveness at the local rather than national level. We used micro-level data for banks in two regions of Russia, Bashkiria and Tatarstan, to calculate the values ​​of the Herfindahl-Hirschman and Lerner indices and evaluate the Panzar-Ross model. The latter is done in two ways: through the widely used price equation, which takes into account the effect of the size of the bank, and then through the equation without taking into account the size of the bank, as proposed by Bicker and his co-authors in 2009. It turns out that both regional markets are dominated by monopolistic competition, although the hypothesis of monopoly is not rejected for Tatarstan. The existence of large local banks does not necessarily make a given regional market more competitive, and the use of non-structural models for measuring competition suggests that competition between banks in Bashkiria is stronger than in Tatarstan. Going further from the aggregate analysis, we calculated the Lerner indices for two product segments of the banking market of Tatarstan and found out that the retail lending market is much more competitive than the corporate lending market. Local banks have more bargaining power in corporate lending, while local branches of federal banks have more bargaining power in corporate lending.

Trunin P.V., Drobyshevsky S. M., Evdokimova T. V. M.: Publishing house "Delo" RANEPA, 2012.

The purpose of the work is to compare monetary policy regimes in terms of the vulnerability of the economies of the countries using them to crises. The work consists of two parts. The first part contains a review of the literature, which presents the results of studies examining the crisis susceptibility of economies applying such monetary policy regimes as exchange rate targeting, classical and modified inflation targeting. Estimates of the effectiveness of the accumulation of foreign exchange reserves as a tool to prevent or mitigate crises are also given. The second part of the paper, the empirical part, describes the methodology and results of comparing the adaptive capacities of economies based on the analysis of the dynamics of key macroeconomic indicators in the pre-crisis and post-crisis periods in countries grouped by monetary policy regimes. In addition, estimates of the susceptibility of economies to crises are presented based on the calculation of the frequency of crises under various regimes.

The Basel Committee on Banking Supervision initiated a discussion on the best practices to prevent excessive risk taking by bank managers. This article proposes a game-theoretic approach that describes the decision-making process of a bank manager who chooses the levels of risk and effort. If the level of risk affects the spread of future profits, then the amount of effort affects the probability of a positive result. While the effort is not observable to the bank's shareholders, the level of risk is manageable and can be measured by indicators such as capital adequacy or financial leverage. The manager is assumed to be risk neutral; the binary outcome of the game with profit or loss is considered. Starting with an overview of the contract scheme, which includes a fixed and a variable remuneration component, it is shown that by differentiating the variable part of the remuneration, it is possible to incentivize the adoption of smaller risks. More precisely, the variable part of the reward (share of the bank's profits) for low risk taking should be higher in proportion to the greater range of outcomes observed for high risk taking, in order to incentivize the manager to choose a lower level of risk instead of a high one.

In this paper, we have developed a basic model that allows us to predict the possible reaction of financial institutions to more stringent regulatory measures introduced by the Basel Committee on Banking Supervision (BCBS) in relation to global systemically important banks (GSIB). The context of the research is formed by the BCBS document of 2011, which sets higher capital requirements for global systemically important banks. We analyze the interaction of banks within an oligopolistic market, where demand is limited, and banks are subject to additional capital requirements imposed by the regulator. We distinguish between the announced cost of funding, which determines the amount of loans issued and the interest rate in the market; and the true cost of funding, which directly affects the amount of profit. We conclude that in a two-term relationship, both banks will declare the highest cost of funding, which will lead to a reduction in the size of loans issued (which is in line with the regulator's goal), but at the cost of a higher cost of borrowing in the market. If the game is repeated, then both banks choose a smaller amount of loans than in the last period, when the lowest cost of funding is declared. Note that the findings are consistent with the results of the analysis of the Department of Monetary Policy and Economics of the BCBS.

The article analyzes the practical aspects of various methods for implementing the vote transfer rule, namely, the Gregory method, including the Gregory method, the weighted inclusive Gregory method.

MINISTRY OF ECONOMIC DEVELOPMENT AND TOURISM OF THE REPUBLIC OF ALTAI

ORDER

In order to implement the provisions, guided by the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic, approved by Decree of the Government of the Altai Republic dated November 20, 2014 N 332 "On approval of the Regulations on the Ministry of Economic Development and Tourism of the Altai Republic and on the invalidation of some decisions of the Government of the Altai Republic" , I order:

2. This order shall be published in the section "Regulation of the contract system and public procurement" of the official website of the Ministry of Economic Development and Tourism of the Republic of Altai in the information and telecommunication network "Internet", as well as in reference legal systems.

3. I entrust the control over the execution of this order to the Deputy Minister Galtseva O.V.

Minister of Economic
development and tourism
Republic of Altai
E.V. LARIN

METHODOLOGICAL RECOMMENDATIONS ON PROCUREMENT OF GOODS, WORKS, SERVICES TO SUPPORT STATE NEEDS FROM SMALL BUSINESS ENTITIES, SOCIALLY ORIENTED NON-PROFIT ORGANIZATIONS

Approved
by order
Ministry of Economic
development and tourism
Republic of Altai
dated August 24, 2015 N 154-OD

Methodological recommendations determine the procedure for the procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations. Methodological recommendations regulate relations between customers and contractors in the field of planning, procurement of goods, works, services to meet state needs from small businesses, socially oriented non-profit organizations, as well as subcontracting by suppliers of these entities. Methodological recommendations take into account the specifics of procurement in accordance with the legislation of the Russian Federation and the Altai Republic.

1. General Provisions

1.1. Methodological recommendations on the procurement of goods, works, services to meet public needs from small businesses, socially oriented non-profit organizations (hereinafter referred to as methodological recommendations) have been developed in accordance with the requirements of 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" (hereinafter referred to as the Law on the contract system), (with subsequent amendments) (hereinafter referred to as the Law on SMP), Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations "(with subsequent amendments) (hereinafter referred to as the Law on NGOs).

2. Basic concepts

2.1. Small business entities include consumer cooperatives and commercial organizations entered in the unified state register of legal entities (with the exception of state unitary enterprises), as well as individuals entered in the unified state register of individual entrepreneurs and engaged in entrepreneurial activities without forming a legal entity, peasant (farm) farms that meet the following conditions:

1) for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entities should not exceed twenty-five percent (with the exception of the total share of participation that is part of the assets of joint-stock investment funds, the composition of the property of closed-end mutual funds, the composition of the common property of investment partnerships), and the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not small and medium-sized businesses, should not exceed forty-nine percent each. The specified restriction on the total share of participation of foreign legal entities, the total share of participation owned by one or more legal entities that are not subjects of small and medium-sized businesses does not apply to business companies, business partnerships whose activities consist in the practical application (implementation) of the results of intellectual property. activities (programs for electronic computers, databases, inventions, utility models, industrial designs, breeding achievements, topologies of integrated circuits, secrets of production (know-how), the exclusive rights to which belong to the founders (participants) of such economic companies, economic partnerships, respectively - budgetary, autonomous scientific institutions or educational organizations of higher education that are budgetary, autonomous institutions, to legal entities that have received the status of a project participant in accordance with the Federal Law No. 244-FZ of September 28, 2010 "On the Skolkovo Innovation Center", to legal entities whose founders (participants) are legal entities included in the list of legal entities approved by the Government of the Russian Federation that provide state support for innovative activities in the forms, established by the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy" . Legal entities are included in this list in the manner established by the Government of the Russian Federation, subject to compliance with one of the following criteria:

a) legal entities are open joint stock companies, at least fifty percent of whose shares are owned by the Russian Federation, or business companies in which these open joint stock companies have the right to directly and (or) indirectly dispose of more than fifty percent of the votes attributable to voting shares (shares) constituting the authorized capital of such business entities, or have the ability to appoint a sole executive body and (or) more than half of the collegiate executive body, as well as the ability to determine the election of more than half of the board of directors (supervisory board);

b) legal entities are state corporations established in accordance with Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations";

2) the average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:

a) from one hundred and one to two hundred and fifty people inclusive for medium-sized enterprises;

b) up to one hundred people inclusive for small businesses; among small enterprises, micro-enterprises stand out - up to fifteen people;

3) proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium business.

2.2. Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration do not exceed the limit values ​​established in paragraphs 2 and 3 of part 1 of Article 4 of the Law on SMP.

2.3. Socially oriented non-profit organizations - non-profit organizations established in the forms provided for by the Law on NGOs, and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation in accordance with the constituent documents:

2.3.1. Social support and protection of citizens.

2.3.2. Preparing the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, to prevent accidents.

2.3.3. Providing assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons.

2.3.4. Environmental protection and animal protection.

2.3.5. Protection and, in accordance with established requirements, maintenance of objects (including buildings, structures) and territories of historical, religious, cultural or environmental significance, and burial places.

2.3.6. Provision of legal assistance on a gratuitous or preferential basis to citizens and non-profit organizations and legal education of the population, activities to protect the rights and freedoms of man and citizen.

2.3.7. Prevention of socially dangerous forms of behavior of citizens.

2.3.8. Charitable activities, as well as activities in the field of promoting charity and volunteering.

2.3.9. Activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of the health of citizens, promoting a healthy lifestyle, improving the moral and psychological state of citizens, physical culture and sports and promoting these activities, as well as promoting the spiritual development of the individual.

2.3.10. Formation of intolerance to corrupt behavior in society.

2.3.11. Development of interethnic cooperation, preservation and protection of identity, culture, languages ​​and traditions of the peoples of the Russian Federation.

2.3.12. Activities in the field of patriotic, including military-patriotic education of citizens of the Russian Federation.

2.3.13. Carrying out search work aimed at identifying unknown military graves and unburied remains of the defenders of the Fatherland, establishing the names of the dead and missing in the defense of the Fatherland.

2.3.14. Participation in the prevention and (or) extinguishing of fires and the conduct of emergency rescue operations.

2.3.15. Social and cultural adaptation and integration of migrants.

2.3.16. Measures for medical rehabilitation and social rehabilitation, social and labor reintegration of persons engaged in illegal consumption of narcotic drugs or psychotropic substances.

3. Planning for the procurement of goods, works, services to meet state needs from small businesses and socially oriented non-profit organizations

3.1. In accordance with part 1 of article 30 of the Law on the contract system, the customer, when forming the schedule, is obliged to provide for purchases from small businesses (SMEs), socially oriented non-profit organizations (SONCOs) in the amount of at least 15% of the total volume of purchases (see diagram 1 ).

Calculation of the purchase rate from SMP and SONKO

3.2. In order to avoid non-compliance with the obligation to make purchases from SMP, SONCO (due to failed procedures, the winner's evasion from concluding a contract, etc.), the customer is recommended to plan purchases from SMP and SONCO for the widest possible range in the amount significantly exceeding 15% of the total annual volume of purchases.

3.3. Procurement planning from the SMP, SONKO is carried out by putting the appropriate marks in the schedule:

- "placed among the SMP / SONKO" - for purchases with an initial (maximum) price of not more than 20 million rubles;

- "SMP/SONCO subcontract" - for purchases on a general basis with the involvement of subcontractors, co-executors from among the SMP, SONCO for the execution of the contract, indicating the scope of such a subcontract.

3.4. When making changes to the schedule, the volume of purchases from the SMP, SONKO, if necessary, must be adjusted taking into account the requirement for a volume of at least 15% of the total annual volume of purchases.

3.5. Planning for the procurement of goods, works, services to meet state needs from the SMP, SONPO is carried out by customers in accordance with the requirements for the form of schedules and the procedure for their placement in a single information system in the field of procurement, established by the Government of the Russian Federation.

4. Conditions for the procurement of goods, works, services to meet state needs from SMP, SONKO

4.1. Customers independently determine the types of goods, works, services that can be supplied, performed, rendered by SMP, SONKO.

4.2. When determining the volume of purchases provided for by paragraph 1 of Article 30 of the Law on the Contract System, the calculation of the total annual volume of purchases does not include the purchases of:

1) to ensure the defense of the country and the security of the state;

2) services for the provision of loans;

3) from a single supplier (contractor, performer) in accordance with part 1 of article 93 of the Law on the contract system;

4) work in the field of the use of atomic energy;

5) in the implementation of which closed methods for determining suppliers (contractors, performers) are used.

4.3. When making purchases from SMP, SONKO, the initial (maximum) contract price should not exceed 20 million rubles.

4.4. When making purchases from the SMP, notices of purchases establish restrictions on procurement participants in accordance with clauses 2.1 and 2.2 of the guidelines.

4.5. When making purchases from SONCO, notices of purchases establish restrictions on procurement participants in accordance with paragraph 2.3 of the guidelines.

4.6. Methods for determining suppliers (contractors, performers) for SMP, SONCO can be open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals.

4.7. The amount of the bid security must be from 0.5% to 2% of the initial (maximum) contract price or, if during the auctions the initial (maximum) contract price does not exceed 3 million rubles, 1% of the initial (maximum) contract price.

4.8. Supply of goods, performance of work, provision of services can be carried out by SMP, SONCO as subcontractors, co-executors.

4.9. If, as part of the procurement from SMP, SONCO, in order to determine the supplier (contractor, performer), the customer has established in the notice a requirement for participants who are not SMP, SONCO, to involve subcontractors, co-executors from among the SMP, SONCO in the execution of the contract, the customer must apply a differentiated approach to establishing the amount of application security, since both participants who are SMP, SONCO, and participants who are not such can take part in the tender.

For participants who are SMP, SONCO, the amount of the application security in this case is set from 0.5% to 2% of the initial (maximum) contract price; for participants who are not SMP, SONCO, the amount of the application security is set from 0.5% to 5% of the initial (maximum) contract price.

5. Confirmation of the status of the SMP, SONKO

5.1. In applications for participation in procurement conducted among the SMP, SONCO, procurement participants are required to declare their affiliation with the SMP, SONCO.

5.2. The declaration of belonging to the NSR is carried out by submitting a declaration of conformity to the requirements for determining the status of the NSR, indicating the average number of employees for the previous calendar year (or for the period that has elapsed since the date of their state registration, for newly created organizations or newly registered individual entrepreneurs and peasant (farmer) ) farms during the year in which they are registered), the amount of proceeds from the sale of goods (works, services) excluding value added tax or the balance sheet value of assets for the corresponding calendar period.

5.3. Declaration of belonging to SONPO is carried out by submitting a declaration of conformity to the requirements for determining the status of SONPO, indicating the type of activity carried out, provided for in Article 31.1 of the Law on NCOs and the constituent documents of the organization.

5.4. The declarations specified in paragraphs 5.2, 5.3 are submitted in a simple written form, certified by the signature of the head (authorized person) and the seal of the organization, as part of the application for participation in the procurement (in the case of an electronic auction - as part of the second part of the application).

Approximate forms of declarations are given in Appendix 1 to these guidelines.

5.5. If the customer or the procurement commission reveals a discrepancy between the information about the procurement participant and the declared information about belonging to the SMP, SONKO, the procurement commission is obliged to remove the participant from participation in determining the supplier (contractor, performer), and the customer is obliged to refuse to conclude a contract with the winner determination of the supplier (contractor, performer) at any time before the conclusion of the contract.

5.6. If the customer refuses to conclude a contract with the winner of the supplier (contractor, performer) determination, the customer, no later than one working day following the day of establishing the fact of non-compliance of the procurement participant with the declared information about belonging to the SMP, SONKO, draws up and places in the unified information system a protocol on refusal from the conclusion of the contract, containing information about the place and time of its preparation, about the person with whom the customer refuses to conclude a contract, about the fact that is the basis for such refusal, as well as the details of the documents confirming this fact. The specified protocol within two working days from the date of its signing is sent by the customer to this winner.

5.7. Removal of the procurement participant from participation in the determination of the supplier (contractor, performer) in the event that the customer or the procurement commission finds that the procurement participant does not correspond to the declared information about belonging to the SMP, SONKO, is carried out in accordance with the norms of the Law on the contract system.

6. Involvement of SMP, SONCO as subcontractors, co-contractors

6.1. When determining a supplier (contractor, performer), the customer has the right to establish in the notice of procurement a requirement for a supplier (contractor, performer) who is not an SMP, SONCO, to involve subcontractors, co-executors from among the SMP, SONCO in the execution of the contract.

6.2. Customers are recommended in draft contracts for the purchase of complex composite products, works, services (for example, overhaul, design, installation, adjustment of a computer network or equipment) to establish a mandatory requirement for suppliers (contractors, performers) to engage as subcontractors or co-executors of the SMP , SONKO for the performance of simple work, the provision of services that do not require special qualifications or special material and technical resources from the subcontractor (co-executor).

6.3. When establishing in the notice of procurement the requirement provided for in clause 6.1 to a supplier (contractor, performer) who is not a SMP, SONCO, the customer is recommended to include in the draft contracts:

6.3.1. The condition for the involvement of subcontractors, co-executors from among the SMP, SONKO in the execution of contracts.

6.3.2. The condition for the supplier (contractor, performer) to provide the customer with copies of the work contract, co-execution agreement or other documents confirming the participation of SMP, SONKO in the implementation of the contract, as well as copies of acts of work performed, services rendered, acts of acceptance and transfer of goods or other documents confirming the volumes goods, works, services performed by SMP, SONCO as subcontractors.

6.3.3. The volume of goods, works, services to be supplied (performed) by the NSR, SONCO entities as subcontractors, co-executors, established as a percentage of the contract price. The specified volume is taken into account in the volume of purchases made by customers from the SMP, SONKO, and is included in the report in accordance with Decree of the Government of the Russian Federation of March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in the unified information system and amending the Regulations on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Institutions for Participation in the Program for Supporting Investment Projects Implemented in the Russian Federation on the Basis of Project Financing" .

6.3.4. Mandatory condition on civil liability of suppliers (contractors, performers) for non-fulfillment of the condition on the involvement of subcontractors, co-executors from among the SMP, SONKO in the execution of contracts.

6.3.5. The obligation of the supplier (contractor, performer) to provide information on all co-executors, subcontractors who have entered into an agreement or contracts with the supplier (contractor, performer), the price of which or the total price of which is more than ten percent of the contract price, as well as the responsibility for failure to provide this information in case if the initial (maximum) price of the contract when purchasing goods, work, services exceeds the amount established by the Government of the Russian Federation in accordance with parts 23 and 24 of article 34 of the Law on the contract system.

6.4. When the notice of procurement establishes the requirement provided for in paragraph 6.1 of these guidelines, subcontractors involved in the execution of contracts, co-executors are required to declare their affiliation with the SMP, SONKO. The condition for the submission of such declarations is recommended to be established in the subcontract (co-execution) agreement.

6.5. When establishing, in accordance with clause 6.4 in the subcontract (co-execution) agreement, the conditions for the provision of the declarations specified in clauses 5.2, 5.3 of these guidelines, the section of the contract providing for the responsibility of the parties should include a clause establishing the responsibility of the subcontractor (co-executor) for failure to submit the declarations specified in clauses 5.2 , 5.3 of these methodological recommendations of the declarations.

6.6. Failure to provide the customer with the declarations specified in paragraphs 5.2 and 5.3 of these guidelines may be regarded as a failure to fulfill the condition of involving subcontractors, co-executors from among the SMP, SONKO in the execution of contracts.

6.7. In case of non-fulfillment of the condition on the involvement of subcontractors, co-executors from among the SMP, SONCO in the execution of contracts, the contract must provide for the condition for the supplier to pay a fine determined in the manner established by Decree of the Government of the Russian Federation of November 25, 2013 N 1063 "On approval of the Rules for determining the amount of fine charged in the event of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (with the exception of delay in the performance of obligations by the customer, supplier (contractor, performer)), and the amount of penalty charged for each day of delay in the performance of obligations by the supplier (contractor, performer), stipulated by the contract:

a) 10 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 5 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

d) 0.5 percent of the contract price if the contract price exceeds 100 million rubles.

6.8. The customer has the right to implement the accrual of a fine and the presentation of a demand for its payment only upon the results of the execution of the contract by the supplier (contractor, performer), if it is established and documented that the supplier (contractor, performer) has not fulfilled its obligations under the contract to engage as subcontractors , co-executors from among the SMP, SONKO.

7. Recognition as invalid of the definition of suppliers (contractors, performers) at SMP, SONKO

If the determination of suppliers (contractors, performers) is declared invalid during the repeated procedure, the customer has the right to cancel in the notices of procurement the restriction on procurement participants, which can only be SMP, SONKO, and to carry out procurement on a general basis.

At the same time, such purchases made on a general basis are not taken into account in the volume of purchases made by customers from SMP, SONKO.

In order to reduce the number of failed determinations of suppliers (contractors, executors), it is recommended to carry out information work with potential suppliers (contractors, executors) by sending invitations to bid.

8. Formation of reports on the volume of purchases from SMP, SONKO

8.1. At the end of the year, the customer is obliged to draw up a report on the volume of purchases from the SMP, SONCO, and by April 1 of the year following the reporting year, place such a report in a single information system.

8.2. In such a report, the customer includes information on contracts concluded with SMP, SONCO, as well as information on the failed determination of suppliers (contractors, performers) with the participation of SMP, SONCO.

8.3. The form and rules for preparing a report on the volume of purchases from SMEs, SONKOs, and its placement in a single information system are approved by Decree of the Government of the Russian Federation dated March 17, 2015 N 238 "On the procedure for preparing a report on the volume of purchases from small businesses and socially oriented non-profit organizations, its placement in a unified information system and amending the Regulations on the Interdepartmental Commission for the Selection of Investment Projects, Russian Credit Institutions and International Financial Institutions for Participation in the Program for Supporting Investment Projects Implemented in the Russian Federation on the Basis of Project Financing" . The report is generated by state (municipal) customers or budgetary institutions in relation to purchases made in accordance with Part 1 of Art. 15 of the Law on the contract system.

The report shall indicate: the total annual purchase volume of the customer, the amount of financial security for the payment of contracts and the unique numbers of the register records of contracts.

The document is signed by an electronic signature of an authorized official of the customer and is placed in a single information system within the time period established by Part 4 of Art. 30 of the Law on the contract system.

9. Responsibility for violation of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement

9.1. In accordance with Article 107 of the Law on the contract system, persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation.

9.2. The norms of part 11 of Article 7.30 establish administrative liability in the event of procurement of goods, works, services to meet state and municipal needs from the SMP, SONPO in an amount less than the amount provided for by the legislation of the Russian Federation on the contract system in the field of procurement, and entails the imposition of an administrative fine on officials persons in the amount of fifty thousand rubles.

9.3. According to paragraph 2 of the Note to Article 7.30 of the Code of Administrative Offenses of the Russian Federation, the time of committing an administrative offense under Part 11 of Article 7.30 is the end date of the calendar year.

10. Final provisions

10.1. In 2015, the customer has the right not to establish the requirement to secure the execution of the contract in the notice of procurement and (or) the draft contract in the event of tenders, electronic auctions, requests for proposals, in which only SMP, SONKO are procurement participants, in accordance with the Decree of the Government of the Russian Federation dated 06.03.2015 N 199 "On the cases and conditions under which in 2015 the customer has the right not to establish the requirement to secure the performance of the contract in the notice of procurement and (or) the draft contract" .

10.2. In 2015, it is allowed to change, by agreement of the parties, the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts (including government contracts, municipal contracts, civil law contracts of budgetary institutions for the supply of goods, performance of work, provision of services for the needs of customers, concluded before the date of entry into force of this Federal Law), the deadline for which expires in 2015, in the manner established by the Decree of the Government of the Russian Federation dated 03/06/2015 N 198 "On approval of the Rules for changing, by agreement of the parties, the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts which expires in 2015. At the same time, the price of the contract should be no more than 5 million rubles if the contract is concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses, socially oriented non-profit organizations.

Annex 1. DECLARATION<1>compliance of the procurement participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

DECLARATION<1>compliance of the procurement participant with the requirements established by Article 4 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"

(with subsequent changes)

____________________________________________
(name of the participant in the procurement procedure)

confirms that it refers to small businesses and

meets the requirements established by the provisions of Article 4 of the Federal

Entrepreneurship in the Russian Federation" (with subsequent amendments).

position (signature) (full name)

________________

<1>This declaration form reflects the legislative conditions for classifying a procurement participant as a small business entity, the provision by a procurement participant as part of an application of a declaration drawn up in a different form cannot be the reason for rejecting the participant's application by procurement commissions.

DECLARATION<1>compliance of the procurement participant with the requirements established by Article 2 of the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations"

(with subsequent changes)

________________________________________
(name of the procurement participant)

confirms that it belongs to socially oriented non-profit

organizations and meets the requirements established by Article 2 of the Federal

subsequent changes), since it performs the following form

activities:

___________________________________________________________________________
(indicate the type of activity and the corresponding
constituent document)

_____________________________ ________________ (_______________________)
position (signature) (full name)

________________

<1>This declaration form reflects the legislative conditions for classifying a procurement participant as a socially oriented non-profit organization, the provision by a procurement participant as part of an application of a declaration drawn up in a different form cannot be the reason for rejecting the participant's application by procurement commissions.

small business- a type of entrepreneurial activity that does not apply to associations. We are talking about small businesses and small firms.

General information

Small business entities are commercial organizations and consumer cooperatives. They also include individuals who were registered in the unified state register as individual entrepreneurs and who carried out entrepreneurial activities without forming a legal entity.

Law No. 44 regulates relations that were aimed at meeting municipal and state needs. There is no specific information on procurement in the legislation of the Russian Federation.

The procedure and rules for procurement from SMP according to 44 FZ

In the Russian Federation, there are standard requirements prescribed in Law No. 44, according to which the bulk of procurement is carried out. The minimum volume of purchased goods from small businesses should not be lower than 15%. In order to purchase from such organizations, competitions of various levels are created:

• two-stage;
• With limited participation;
• Open.

Additionally, purchases from such organizations can be made by:

• electronic auctions;
• requests for proposals;
• quotes.

A mandatory requirement when participating in competitions created by the state is to be SONKO and SMP. Since such organizations perform a limited amount of work, the initial maximum contract price at the auction should not exceed 20 million rubles.

In applications, procurement participants must indicate that they are SMEs or SONCOs (small businesses or socially oriented non-profit organizations). Otherwise, they may not be allowed to participate in the procurement.

The contract also states that if suppliers do not begin to comply with the terms of the subcontractors' contract, then they bear civil liability.

Permissible volume

The total volume of purchases is approved for the current financial year. The calculation also takes into account the payment for contracts that were concluded before the current year, but which will be valid during it. Previously, in the legislation, a predetermined schedule was used in the form of an acceptable volume of purchases from small businesses.

However, later amendments were made to Law No. 44 FZ, as a result of which the minimum volume of purchased goods from small businesses should not be lower than 15%.

Procurement methods under 44 Federal Laws

According to the provisions of Federal Law 44, there are two ways to make purchases:

• Non-competitive procurement

These are purchases from a single supplier. The goods are purchased for the reasons listed in the Federal Law. Usually there are purchases that are made for the following reasons:

1. Purchases from subjects of natural monopolies. Available for any amount. Information about the purchase is published on the official website of the federal service. Without publication, the action becomes illegal.
2. In accordance with paragraph 4 of Article 93. The volume of purchases should not exceed 100 thousand rubles. The total amount for the year is not more than 500 thousand rubles. Procurement data from this category is not posted on the official website, but is entered in the register of contracts.

• Competitive procurement

Competitive purchases are divided into two groups:

1. Open.
2. Closed.

Open purchases are popular among exhibitors and customers. Data on manipulations are posted on the official Internet resource. The procedure for carrying out actions is regulated by articles of Federal Law No. 44.

Closed purchases may be carried out on the basis of the requirements provided for in Article 84 - auctions and competitions. To become a participant in a closed auction or competition, you will need an invitation from the customer. In order to find out information about such an event in advance, you will need to analyze the schedule in detail or send a request to a potential organizer about the date of the competition.

What can be purchased?

According to Federal Law No. 44, the following types of goods can be purchased from SMP:

• grains;
• Vegetables and crops;
• fish;
• Raw materials for mineral and chemical industries;
• food products;
• Feed flour of coarse and fine grinding;
• Fats and oils;
• The drinks;
• Cloth;
• Leather and products;
• Timber;
• Industrial gases;
• Chemical components;
• Automatic data processing devices;
• Equipment;
• appliances and consumer electronics and so on.

Before purchasing goods, services or works, they must be approved in the order, which is valid from January 1, 2018.

Benefits for NSR under 44 FZ

According to Article 30 of Law No. 44 FZ, government customers must place about 15 percent of their annual purchases from SMEs and socially oriented non-profit organizations. This volume does not include government purchases in the form of:

• issuance of loans;
• ensuring the security of the state;
• produced by one supplier;
• produced at closed tenders/auctions.

To prove that the participant belongs to the SMP, it is required to draw up a declaration. Main advantages:

• When holding a tender/auction, only persons who belong to SONKO and SMP can participate in procurement;
• The initial cost of the procedure should not exceed 20 million rubles;
• When conducting a state purchase, a special condition is established for a participant in the standard engagement procedure in the form of a partner or subcontractor, a person who also belongs to SONKO or SMP.

Is there any liability for non-compliance with the laws on placing an order with SMP?

For non-compliance with the norms of the legislation on placing an order with the SMP, administrative liability is provided. According to Article 7.30., the implementation of works, goods, services to meet the municipal and state needs of small businesses must be strictly in accordance with legal requirements. In case of non-compliance with them, an administrative fine is imposed on officials in the amount of 50 thousand rubles.

The article lists the main points that a supplier needs to know when participating in auctions that are placed for small businesses.