Organizations public sector or with a large share of participation in them, the states work mainly according to the Federal Law on Procurement. Sometimes the situation changes and requires payment. We'll tell you how to do it.
Mechanism
To contribute changes to the procurement plan under 223-FZ, need:
- find out if there is such a need;
- understand what adjustments can be made to the plan;
- make changes to the procurement plan under 223-FZ;
- place changes in a common database (single information system- EIS).
Foundations
In some cases, it becomes necessary to adjust the procurement plan. For example, when prior to signing a deal:
- the customer wanted to purchase other or additional goods (works, services), he is satisfied with a different delivery time and execution of the contract, the procurement procedure, the requirements for the item have changed, etc.;
- on the preparatory stage prices for goods have grown by at least 10 percent, as a result, the planned finances are not enough;
- the reason to adjust the plan arose from the procurement regulation or other administrative document for the organization (order, etc.).
Note that in the second case, the Ministry of Economic Development of Russia obliges to make changes to the procurement plan under 223-FZ(letter No. D28i-1364).
In practice, the need to changes to the procurement plan under 223-FZ may arise due to possible or already occurred force majeure (emergencies, accidents, etc.), when the organization suddenly became a contractor under a government contract. If a previously planned purchase failed, this is also a reason to transfer money to a new purchase and adjust its subject upwards.
But when changes to the procurement plan under 223-FZ do not (see table):
| Situation | Example |
| The main terms of an already concluded contract have changed | For example, the scope of delivery, cost, deadline. The Ministry of Economic Development believes that in this case there is no point in changing something. |
| The law does not allow purchasing data to be included in the plan | When the purchase is related to the state. secret |
| Purchase data may not be included in the plan | The transaction price will not exceed RUB 100,000. |
| Due to an emergency or its threat, I had to make a purchase | Procurement information can be included in the plan after the fact |
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What can be changed
On practice changes to the procurement plan under 223-FZ may concern:
- supplementing it with information about the next purchase;
- removal of data on the failed procurement from it;
- changing the parameters of an already planned purchase;
- adjustments to the total number of purchases planned for the year and other indicators that are in the section of the plan that includes small and medium-sized businesses.
The customer always determines for himself what specific adjustments need to be made to the plan for each case.
According to the Ministry of Economic Development (letter No. D28i-1001), a new position should not be included in the plan in two cases:
- the planned purchase did not take place and a second one is needed;
- the contract had to be concluded with a single contractor.
In these cases, it is necessary to correct the data on the previously planned purchase: the schedule of its progress and (or) information on the procurement procedure.
How to deposit
For changes to the procurement plan under 223-FZ you need to go through two main stages (see table):
EXAMPLE
Situation: There is no purchase information in the plan. It is carried out through a competition or auction.
Solution: the plan needs to be adjusted BEFORE placing a notice of purchase in the EIS.
Customers operating under the Procurement Law certain types legal entities should plan their procurement activities. See this article step by step instructions for the preparation and placement of the procurement plan for 223-FZ for 2019.
Procurement plan for 223-FZ for 2019: instructions
How to fill out the procurement plan under 223-FZ is stated in the Government Decree of September 17, 2012 No. 932. This regulatory legal act contains the requirements for plans, the necessary items that should be included in them, as well as the approved form of these documents .
Include in your plan:
- customer data - name, address, contacts;
- a serial number that is sequentially assigned to each purchase in chronological order;
- subject of the contract;
- procurement code indicating the section, class and subclass in accordance with OKVED 2 and OKPD 2;
- requirements for the product that the customer has set (functional, technical and quality characteristics can be indicated here);
- data on the quantity of products and units of its measurement;
- the region in which deliveries are made, work is performed or services are provided;
- contract price;
- date of publication of the procurement documentation in the EIS;
- contract time;
- purchase method;
- an indication of the form in which the procurement is carried out (electronic or not).
In addition, data are entered on purchases from small and medium-sized businesses, as well as on purchases of innovative, high-tech products and medicines.
Procurement planning for 2020
During the webinar, the lecturer will talk about:
☆ What is different new form schedule from the old form;
☆ What information should be included in the SG under the new rules;
☆ In what cases it is necessary to make changes to the SG.
How to create a procurement plan for 223-FZ: step by step instructions
To view information about purchasing plans in personal account EIS, log in and in the "Purchase Planning" section, select "Purchase Plans". Next, we will give instructions on creating a procurement plan for 223-FZ for 2019.
In the registry, click on the hyperlink "Create Purchase Plan", it is located under the search block. In the "Type" field, check the box depending on the type of procurement plan: "Procurement plan for goods, works, services" or "Procurement plan for innovative products, high-tech products, medicines." Also select the period for which the document is being created.
Verify that the customer information in the Customer Organization Information field is correct. It loads automatically. The "Planning period" field is also filled in automatically. Fill in the required "Approval Date" tab. Click on the "Next" button. The system will check the data and report if it finds errors.
You can add procedures on the "Procurement plan items" tab. To do this, click on the hyperlink "Add Position". It is important to know that if you have an original hosted purchase plan (for example, for 2018) with a long-term position (for example, with a contract year of 2020), when you create a document for 2019, the long-term position from the original hosted plan is automatically copied to it.
Question from practice
Should a newly established autonomous institution post a 2019 procurement plan at the end of 2018 if the original procurement plan was posted for April 2018 to April 2019?
There is no obligation. Neither Law No. 223-FZ, nor Government Decree No. 932 dated September 17, 2012 contain a requirement to draw up a procurement plan within a calendar or fiscal year.
At the same time, the term for preparing the procurement plan, as well as the procedure for preparing the draft plan, the customer determines independently. Therefore, the customer can create a purchase plan in 2019 until December 31, 2020, and then switch to the plan within calendar year. The conclusion follows from part 2 of article 4 of Law No. 223-FZ, paragraph 10 of the Rules from resolution No. 932.
See more recommendations and answers to questions in the article "Planning for 223-FZ: how to create and place procurement plans in the EIS"
We proceed to fill in the information about each purchase. The "Customer" field is filled in automatically. In the "Purchase type" field, check the box: "Planned" or "Actually placed". For the "Actually placed" value, the "Notification" field is additionally displayed. Only notices with the status "Placed" and the stages "Submission of applications", "Commission work", "Purchase completed" are available for selection, in which, as a customer or participant joint purchase the notice lot contains the organization specified in the "Customer" field. After selecting a purchase release, the "Lot" field is displayed. From the drop-down list, select the required lot of the notice selected in the "Notice" field. To continue forming a procurement plan item, click the "Continue" button.
The tab "Information about the position of the procurement plan" is filled in automatically by the system. In the fields "Date of placement of the notice" and "Due date for the execution of the contract", set the required periods. In field "Purchasing method" select the type of procedure from the drop-down list. If necessary, check the boxes “Purchase, the participants of which are only small and medium-sized businesses”, “Purchase of goods, works, services that meet the criteria for classifying innovative products, high-tech products”.
Next, fill in the fields in the "Information about the subject of the contract" section. In the "Information on purchased goods, works, services" block, in the "Method of specifying the region of delivery" field, check one of the two fields: "Uniform for all goods, works, services" or "Separate for each product, work, service" in depending on how you want to specify the delivery region method.
In the "Adding position" block in the fields "OKPD 2" and "OKVED 2" select the required codes from the directories. You must enter at least the first three digits of the OKPD2 code or at least four characters of the OKPD2 position name to start searching the database. Select the required value and click on the "Add" hyperlink located to the right of the field. The selected value is displayed in the OKPD2 field.
Fill in the fields "Quantity (volume)" and "Unit of measurement". If necessary, check the box "Unable to determine the quantity (volume)".
After filling in the fields of the "Add position" block, click on the "Add position to the table" hyperlink. The added information is displayed in the Goods, works, services table.
After adding the required number of plan items on the "Purchase plan items" tab, click the "Next" button. You will be transferred to the "Documents" tab.
To attach a document, click on the "Browse" button, select the document, enter a description of the file in the appropriate input field, and click on the "Attach" button.
If you need to cancel unsaved data, click the "Cancel" button. last changes". To complete the formation of the procurement plan, click on the button "To complete". The created item of the purchase plan is displayed in the list of registry entries on the "Purchase Plans" page.
How to publish a procurement plan under 223-FZ on the EIS website: instructions
Let's move on to the placement of the procurement plan for 223-FZ for 2019. Before publication, the document must be prepared. To do this, select the "Prepare for placement" item in the context menu. The system checks the data and warns the user if any errors are found. If there are no problems, you will be transferred to the "In Placement" tab, the status "Ready for Placement" will appear there.
If any violations are detected, the procurement plan goes to the "In Placement" tab in the "Preparing for Placement" status. To confirm the publication of the plan, click on the "Post" button. The system displays printed form purchase plan information. Click on the "Subscribe" button, after which all information will be successfully posted. The placement status will change to "Placed".
How to make changes to the procurement plan under 223-FZ: step by step instructions
To make changes, select the procurement plan and click on the "Create change project" tab in the menu. Make changes and provide justification for the change. The further procedure is similar to that described above. In the required field "Reason for making changes", check the current reason.
When you select the line “Other case established by the procurement regulations and other documents of the customer”, the mandatory field “Justification for making changes” is additionally displayed, which must be filled in. After making changes, click on the "Finish" button. The position will change to the "Changed" status.
Procurement plan under 223-FZ: terms of placement for 2019
The customer determines the term for preparing the procurement plan independently, taking into account the requirements of his position, as well as regulatory legal acts. It is important to observe the periods established by law: to place the plan in the EIS within 10 days from the date of approval by the management, but no later than December 31.
Attached files
- Procurement plan form according to 223-FZ.docx
Customers working under 223-FZ, unlike their colleagues under 44-FZ, publish only the procurement plan in the EIS. We will describe further how to correctly form a plan for 223-FZ and what requirements must be observed when publishing in the EIS.
From the article you will learn:
- how to form a procurement plan according to 223-FZ;
- how to compose and modify it;
- download the form;
- on the zero procurement plan under 223-FZ.
Formation and approval of the procurement plan under 223-FZ
Before creating it, you need to decide what will be bought and for what amount.
Customers who work under Law No. 223-FZ form and publish two procurement plans in the EIS:
- annual - goods, works and services;
- long-term - innovative, high-tech products and medicines.
When to make plans - the customer determines. Annual is formed for a year, long-term - from five to seven years. They need to be compiled according to the same form, but filled out in different ways.
If the customer must purchase innovative and high-tech products (hereinafter referred to as products), then it is necessary to indicate:
- The cost of contracts for products for the previous year;
- Planned production for the year;
- Planned contracts with small and medium-sized businesses, not taken into account in the total calculation for the year;
- The total amount of production for small and medium-sized businesses.
Not included in long term plan information on the volume of production, on the NMTs of the contract or the price of the lot, method and form. The document looks like this:
Procurements containing state secrets, having a decision of the Government, included in special lists or contracts less than 100 or 500 thousand rubles (with annual revenue of more than 5 billion rubles). Also, when approving the procurement plan under 223-FZ, purchases of an emergency nature are not placed.
How to draw up a procurement plan for 223-FZ: form and sample
Placement of the plan according to 223-FZ
There are three ways to place a procurement plan for 2018 according to 223-FZ in the EIS:
- fill out forms in the EIS;
- fill out the forms and attach the scanned plan;
- attach an electronic document.
The rules by which customers place procurement plans are described in paragraphs 15-17 of Regulation No. 908.
If you do not purchase innovative, high-tech products and medicines, then you need to place a zero procurement plan for 223-FZ for 2018 in the EIS. Just do not fill in its columns or put dashes.
If the placement period is violated, you will have to pay a fine: for a responsible employee - from 2,000 to 5,000 rubles, for an organization - from 10,000 to 30,000 rubles. Fines are established by part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation.
How and when to change the plan
The amended document is also posted by the EIS within 10 days from the date the amendments were made.
All procurement needs of the organization should be systematized in the procurement plan. Some companies can draw up a procurement plan in any form, while others (such as government customers and subjects of 223-FZ) have mandatory procurement plan forms. In any case, for the convenience of the customer himself, the following parameters of each purchase are reflected in the procurement plan:
1. The name of a specific product, work or service that is the subject of the procurement. 2. Date of the purchase. 3. The initial (maximum) price of products or the principles of its calculation. 4. The volume of purchased products or the procedure for calculating such a volume. 5. Place and terms of delivery of goods, performance of work or provision of services. 6. Method and form of procurement.
After the preparation of the draft procurement plan, this plan is agreed upon by the authorized structural divisions of the company and its management. A number of companies are required to publish a procurement plan for the next year. Such a publication is provided both in order to be able to identify obviously unreasonable purchases at an early stage (which is relevant primarily for state and municipal customers), and so that potential suppliers can prepare in a timely manner to participate in the procurement procedures conducted by the customer. If such a requirement is not established, then the procurement plan may be a document for official use. However, the availability of the procurement plan for at least structural divisions company contributes to the consistency of the procurement activities of the customer.
The procurement plan, if necessary, can be adjusted even after its approval. Such a need may be due to both the emergence of new needs or the termination of current needs, or the fact that for some reason the conditions for a specific purchase have changed (for example, the tender did not take place and the same product is purchased through a request for proposals). The key question when making changes to the procurement plan is why this need could not have been foreseen in advance?
Each specific purchase made by the customer must be announced on the basis of a procurement plan and in accordance with the parameters specified in this plan. Thus, the procurement plan is the basic document that defines the parameters of the company's procurement activities within a given time period. The procurement plan can be formed taking into account such information as exchange rates, stock indices and other information, based on the following programs that determine the customer's activities:
- manufacturing program
- repair program (repair plan)
- investment program (including technical re-equipment and reconstruction, including in the field of information technologies, New construction)
- other programs
What is the procedure for generating a procurement plan?
All customers, according to the established requirement of the Decree of the Government of the Russian Federation of September 10, 2012, must have time to publish the approved procurement plan on the official website by December 31. The plan is published within 10 working days from the day the plan is approved or changes are made.
The customer must indicate the planned period for the publication of the notice of purchase and the deadline for the execution of the contract. It is not necessary to describe the various stages of contract execution in the plan.
The customer can set the terms of planning and preparation of the procurement plan independently, but the planning period should not be less than 1 year.
Also, customers have the opportunity to form a single procurement plan if customers have accepted a single Procurement Regulation and this is provided for in the Regulation. A single procurement plan is also possible in the case of an agreement between customers for a single procurement plan.
By general rule, the purchase plan is created for one year and must contain breakdowns: monthly or quarterly.
What must be in the content of the Procurement Plan?
- Information about the procurement (of goods or services or works) that is necessary to meet the customer's demand for these goods, works or services.
- The start date for the implementation of procurement, which is determined by the required delivery date and taking into account the timing of all procurement procedures.
- Monthly or quarterly breakdown and the possibility of editing them.
The procurement plan schedule is formed on the basis of the customer's documents that define the customer's activities and the requirements for the form of the procurement plan for goods, works, services.
In connection with the adoption federal law dated July 18, 2011 No. 223-FZ, the responsibility of customers now includes procurement planning. All organizations whose activities fall under 223-FZ had to develop the following documents by April 1: Procurement plan for their goods, works or services, Procurement Regulations and post these documents on the official website according to the type of procurement.
Sample procurement plans for various organizations
- Procurement plan form download
- MUP procurement plan, sample download
- Procurement plan for autonomous institutions, sample download
- Procurement plan for 2014, sample download
How to prepare and publish a procurement plan?
All customers, according to the established requirement of the Decree of the Government of the Russian Federation of September 10, 2012, must have time to publish the approved procurement plan on the official website by December 31. The plan is published within 10 working days from the day the plan is approved or changes are made.
The rules and form for preparing a procurement plan can be found in the established Decree of the Government of the Russian Federation. The customer must indicate the planned period for the publication of the notice of purchase and the deadline for the execution of the contract. It is not necessary to describe the various stages of contract execution in the plan.
The customer can set the terms of planning and preparation of the procurement plan independently, but the planning period should not be less than 1 year.
Also, customers have the opportunity to form a single procurement plan if customers have accepted a single Procurement Regulation and this is provided for in the Regulation. A single procurement plan is also possible in the case of an agreement between customers for a single procurement plan.
A properly posted procurement plan is considered to be such a procurement plan that is posted in the open part of the official website zakupki.gov.ru in a structured and electronic form or in a structured and graphical form. As a general rule, a procurement plan is created for one year and must contain breakdowns: monthly or quarterly.
What must be in the content of the Procurement Plan?
- Information about the procurement (of goods or services or works) that is necessary to meet the customer's demand for these goods, works or services.
- The start date for the implementation of procurement, which is determined by the required delivery date and taking into account the timing of all procurement procedures.
- Monthly or quarterly breakdown and the possibility of editing them.
The procurement plan schedule is formed on the basis of the customer's documents that define the customer's activities and the requirements for the form of the procurement plan for goods, works, services.
How to change the purchasing plan?
The procurement plan, if necessary, can be adjusted and all changes to the procurement plan must be recorded on the official website.
If the plan is updated, the following documents must be published:
1) Procurement plan in new edition, according to the Decree, paragraph 6.
2) A document containing a list of plan adjustments, in accordance with the Decree, paragraph 5.
To post information about changes to the procurement plan, the customer must make all adjustments to the structured form of the document and publish the updated plan in electronic form. Alternatively, the customer has the right to make changes to the structured view of the plan and publish updated graphical and electronic modes plan.
Properly placed changes to the procurement plan will be considered only after publication in the open part of zakupki.gov.ru, where updated versions of documents are posted.
According to the Decree, the revision of the procurement plan is possible in the following cases:
1. In the event of a change in demand for goods, works or services. This also applies to the timing of the acquisition, the method of implementation of the purchase and the term of the contract.
2. If the changes relate to the cost of goods, works or services planned for the purchase by more than 10%.
3. In other cases, which are prescribed in the Procurement Regulations and documents of the customer.
In the Procurement Regulations or other regulatory document, the customer has the right to establish cases in which the revision of the plan is possible.
If the method of procurement of goods or works or services is a tender or auction, changes to the procurement plan can be made no later than the publication of a notice or procurement documentation or changes to the documentation and notice.
What are the criteria for referring to high-tech and innovative products for the formation of a procurement plan?
According to the Decree, customers need to regulate the procurement plan for medicines, high-tech and innovative products for a period of 3 years. From January 2015, the formation of a procurement plan will be set for a period of 5 years.
Departments and ministries, according to the field of activity, determine by what parameters it is necessary to classify products as high-tech and innovative.
Each individual case is described in detail in the orders of individual departments and ministries:
- Order of the Ministry of Emergency Situations of Russia dated December 14, 2012 N 768 "On approval of criteria for classifying goods, works, services as innovative products and (or) high-tech products for the purposes of forming a procurement plan for such products"
- Order of the Ministry of Education and Science of Russia dated 01.11.2012 N 881 "On approval of the criteria for classifying goods, works, services as innovative and high-tech products for the purposes of forming a procurement plan for such products"
- Order of the Ministry of Industry and Trade of Russia dated November 1, 2012 N 1618 "On approval of the criteria for classifying goods, works and services as innovative products and (or) high-tech products in industries related to the established field of activity of the Ministry of Industry and Trade Russian Federation"
- Order of the Ministry of Health of the Russian Federation (Ministry of Health of Russia) dated July 31, 2013 N 514n "On Approval of the Criteria for Classifying Goods, Works, Services as Innovative and High-Tech Products for the Purposes of Forming a Purchase Plan for Such Products".
