Innovative and high-tech products under 44 FZ. Product innovation criteria

Good afternoon!

MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

ABOUT APPROVAL OF CRITERIA

OBJECTIVES

In accordance with part 4 of article 4 Federal law from
July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by individual
kinds legal entities"(Collection of legislation Russian Federation,
2011, No. 30 (part I), Art. 4571, no. 50, art. 7343; 2012, No. 53 (part I), Art. 7649; 2013,
No. 23, art. 2873, no. 27, art. 3452, no. 51, art. 6699, No. 52 (part I), art. 6961; 2014, no.
11, Art. 1091; 2015, No. 1 (part I), Art. 11, no. 27, art. 3947, 3950, 4001, No. 29 (ch.
I), Art. 4375) I order:

1. To approve the attached criteria for the assignment of goods, works,
services to innovative products
formation of a purchase plan for such products.

2. Control over the execution of this order to entrust
Deputy Minister A.S. Tsydenova.

M.Yu. Sokolov

Approved

by order of the Ministry of Transport
Of Russia

CRITERIA

RELATION OF GOODS, WORKS, SERVICES TO INNOVATIVE

PRODUCTS AND (OR) HIGH-TECH PRODUCTS FOR
OBJECTIVES

FORMATION OF A PLAN FOR THE PURCHASE OF SUCH PRODUCTS

1. Innovative products include goods, works,
services that meet the following criteria:

1.1. Conformity priority areas development of science,
technologies and equipment of the Russian Federation.

This criterion is characterized by compliance with the purpose
goods, works, services in priority areas of development of science, technology and
equipment in the Russian Federation and the list of critical technologies of the Russian
Federation approved by the Decree of the President of the Russian Federation dated July 7, 2011
No. 899 (Collected Legislation of the Russian Federation, 2011, No. 28, Art.
4168).

1.2. Scientific and technical novelty.

1.2.1. This criterion for
goods are characterized by the following features:

characteristics of goods by functional purpose,
design, composition of materials and components used,
areas of use are fundamentally new or significantly different
on the characteristics of a previously produced similar product;

in the production of goods, the first introduced
results of research, development and technological
works;

consumer properties of the goods are improved
compared with existing analogues, or in the absence of direct analogues, there are high quality
new consumer (functional) characteristics, including those that increase
competitiveness of the product, or a new way of using the product has been identified,
allowing to expand the scope of use of such a product;

product, the release of which is based only on the use of a new
or modernized technological equipment, technological processes
or technologies, including newly introduced results
research, development and technological work, previously
not used in production of this product, or new materials,
allowing to significantly improve technical and economic, competitive,
ergonomic, consumer and other indicators of the manufactured goods.

1.2.2. This criterion in relation to works, services is characterized by
following signs:

performance of work, provision of services associated with changes in
production processusing a new or modernized
production equipment and / or software, new
technologies;

works, services are fundamentally new, previously not
performed, did not appear;

works, services are performed, rendered in the area, in
which previously similar work, services were not used.

1.3. Introduction of goods, works, services.

This criterion is characterized by the following features:

goods, work, service are of an applied nature, have
practical use;

product, work, service are implemented in one or more
industries.

1.4. The economic effect of the sale of goods, works, services.

This criterion is characterized by a planned positive
the economic effect of the sale of goods, works, services.

1.5. Science intensity of goods, works, services.

This criterion is characterized by the use when
production of goods, performance of work, provision of services of highly qualified
intellectual work, the results of intellectual activity, subject
legal protection, and (or) new scientific and technical, constructive and (and)
technological solutions.

2. High-tech products include goods, works,
services satisfying the aggregate following criteria:

2.1. The goods, work, services are manufactured, performed,
turn out to be enterprises of knowledge-intensive sectors of the economy.

2.2. Goods, work, services are produced, performed,
turn out to be using the latest technological equipment,
technological processes and technologies.

2.3. Goods, work, service are produced, performed,
turn out with the participation of a highly qualified, specially trained
staff.

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What are innovative products, what are the criteria for classifying works, goods, services as innovative? Are there differences in the definition of what belongs to innovative products under 44-FZ and 223-FZ? You will find the answers to these questions by reading the material to the end.

Innovative products under 44-FZ

The definition of "product innovation" is not contained in regulations RF. In the law "On Science and State Scientific and Technical Policy" dated 23.08.1996 No. 127-FZ there is a concept of "innovation", which means a new or substantially improved product (product, service) introduced into use or new process, a new way of selling, as well as a new method of organizing jobs.

Based on it, innovative products should have the following quality: be new, i.e. just put into use or be significantly improved in comparison with previous samples.

Innovative products in accordance with 44-FZ, along with high-tech products, are a priority in public procurement. This principle is established by Art. 10 44-FZ. Information about its purchase is highlighted in a separate column in the procurement plan. It is acquired through a competition with limited participation or a two-stage competition.

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The list of innovative products in accordance with 44-FZ is contained in Appendix No. 2 to the Decree of the Government of the Russian Federation No. 99 dated February 4, 2015. Additional conditions for the procurement participants are also fixed there. It should be noted that in this list not only types of innovative products are listed, but also technically complex products and works, goods and services of a specialized nature.

An example of the latter are services for the improvement of children and the organization of their rest. The list also includes:

• works on design, construction and decommissioning of nuclear power facilities;
• work on handling nuclear materials, radioactive waste;
• repair works of weapons and military equipmentpart of the nuclear weapons complex, etc.

Before posting a report in the EIS, calculate the annual volume of purchases of innovative products, including among small and medium-sized businesses. Observe the deadlines, otherwise pay a fine of up to 300 thousand rubles.
Read who is required to draw up a report on the procurement of innovations, how to fill out and publish a document in the EIS.

Purchase of innovative products under 223-FZ

All customers can purchase innovative high-tech products within the framework of Federal Law No. 223. In addition, the Government decree of March 21, 2016 No. 475-r approved the list of legal entities that are required to purchase innovative products.

It currently includes 90 legal entities, including:

• PJSC Gazprom;
• PJSC Aeroflot - Russian Airlines;
• JSC Russian railways" and others.

Clause 2, h. 8.2, Art. 3 223-FZ refers to the specified persons of the Federal Corporation for the Development of SMEs.

The volume of innovative products that the above legal entities are obliged to purchase is set in the regulation approved by the Government of the Russian Federation of December 25, 2015 No. 1442. The annual volume of purchases by customers of innovative products should be determined as the value of contracts for innovative procurement for the previous year, increased by 10%. At the same time, it cannot be less than 10% of the total value of all contracts drawn up based on the results of purchases for the reporting year.

The procurement plan for innovative products in accordance with 223-FZ was approved by Decree of the Government of the Russian Federation of September 17, 2012 No. 932. The procurement plan for innovative products of the above persons should contain a section on the procurement of works, goods, services from SMEs, in accordance with approved list... The procurement plan for innovative products of high-tech products of customers included in the list approved by order No. 475-r must include a list of innovative products according to 223-FZ, which will be purchased from SMEs (part 3.3 of article 4 223-FZ).

Other customers place in the EIS a plan for innovative products for a period of 5-7 years. In the event that a legal entity does not plan to conduct such purchases, it can publish a zero procurement plan for innovative products.

The procurement plan for innovative products includes:

• the cost of contracts drawn up based on the results of the purchase of products included in the plan for innovative products under 223-FZ for the previous year;
• the annual volume of purchases of innovative products, which is planned to be purchased in accordance with the draft plan for the purchase of innovative products;
• the annual volume of purchases of innovative high-tech products, which is planned to be purchased only from SMEs, etc.

Annual report on the procurement of innovative products approved by Resolution No. 1442. The report on procurement of innovative products consists of 3 parts:

• information about the customer,
• information on purchases of innovative products;
• information about these purchases made only from SMEs.

This is how a brief procedure for the purchase of innovative high-tech products under 223-FZ looks like.

Innovative and high-tech products criteria for 223-FZ

The criteria for classifying high-tech products as innovative products are established by the federal government bodies that carry out legal regulation in a particular area of \u200b\u200bactivity. Therefore, there is no register for innovative products.

As an example, let us examine the criteria for attribution to innovative products, approved. by order of the Ministry of Transport dated 25.08.2015 No. 261. It contains the following criteria for innovative products:

• compliance of products with the priority areas of development of science and technology in the Russian Federation (see Decree of the President of the Russian Federation of 07.07.2011 No. 899);
• scientific and technical novelty;
• introduction of work, goods, services in industry;
• positive economic effect from their implementation;
• science intensity of products.

A product is classified as innovative if it meets all of the above criteria.

Attached files

• Purchase plan for innovative products - sample.docx
• Annual report on the procurement of innovative products.docx

MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

ABOUT APPROVAL OF CRITERIA

AND (OR) HIGH-TECH PRODUCTS BY INDUSTRIES,

RELATING TO THE ESTABLISHED SPHERE OF THE MINISTRY

OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

In accordance with part 4 of article 4 of the Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (Collected Legislation of the Russian Federation, 2011, N 30 (Part I), Art. 4571) I order:

to approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established area of \u200b\u200bactivity of the Ministry of Industry and Trade of the Russian Federation.

D.MANTUROV

CRITERIA

ASSIGNMENT OF GOODS, WORKS AND SERVICES TO INNOVATIVE PRODUCTS

AND (OR) HIGH-TECH PRODUCTS

I. Criteria for the assignment of goods, works, services

to innovative products

1. Consumer properties (including functional characteristics) goods are new and (or) exceed the consumer properties (including functional characteristics) of previously produced goods.

2. In the production of goods, the first introduced results of research, development and technological work are used.

3. The consumer properties of the goods are improved in comparison with the existing analogs or, in the absence of direct analogs, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the goods, or a new way of using the goods that allows to expand the scope of its use.

4. In the production of goods, only new or modernized technological equipment, technological processes or technologies are used that were not previously used in the production of this goods, or new materials that improve the technical and economic, competitive, ergonomic, consumer and other indicators of the goods produced.

5. When performing work and providing services, the first introduced results of research, development and technological work are used, which were not previously used when performing similar works and providing similar services.

6. Performance of work and provision of services is associated with changes in the production process, the use of new or upgraded production equipment and / or software, new technologies.

7. The work is performed and the service is rendered in an area in which previously similar work and services have not been used.

8. The work and service are new, previously not performed and not provided.

9. When using in the production of goods, performance of work, provision of services, the results of intellectual activity, subject to legal protection.

10. When using new scientific and technical, constructive and / or technological solutions in the production of goods, performing work, rendering services.

II. Criteria for the assignment of goods, works, services

to high-tech products

11. The goods, work, services are accordingly manufactured, performed and rendered by the enterprises of knowledge-intensive industries.

12. The goods, work and services are accordingly produced, performed and rendered using the latest technological equipment, technological processes and technologies.

13. The goods, work, service are accordingly produced, performed and rendered with the participation of highly qualified, specially trained personnel.

Notes:

An innovative product is a product, work and service if one or more of the criteria specified in clauses 1-10 are met.

A high-tech product is a product, work and service if all the criteria specified in clauses 11-13 are met.

In accordance with part 4 of article 4 of the Federal Law of July 18, 2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (Collected Legislation of the Russian Federation, 2011, No. 30, Art. 4571; Russian newspaper, No. 3, January 11, 2013) I order:

1. To approve the attached criteria for classifying goods, works, services as innovative and high-tech products for the purpose of forming a purchase plan for such products.

2. Control over the implementation of this order shall be entrusted to Deputy Minister I.I.

application

Criteria for classifying goods, works, services as innovative and high-tech products for the purpose of forming a purchase plan for such products
(approved by order of the Ministry of Education and Science of the Russian Federation of November 1, 2012 No. 881)

1. Innovative products include goods, works and services that meet a set of criteria:

1.1. Scientific and technical novelty.

1.1.1. This criterion in relation to goods is characterized by the following features:

the characteristics of the goods (in terms of functionality, design, composition of materials and components used, areas of use) are fundamentally new or significantly differ from the characteristics of a previously produced similar product;

the consumer properties of the goods are improved in comparison with the existing analogs or, in the absence of direct analogs, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the goods, or a new way of using the goods has been identified, which makes it possible to expand the scope of such goods;

a product, the release of which is based only on the use of new or modernized technological equipment, technological processes or technologies that were not previously used in the production of this product, or new materials that significantly improve the technical and economic, competitive, ergonomic, consumer and other indicators of the manufactured product.

1.1.2. This criterion in relation to work, services is characterized by the following features:

performance of work, provision of services is associated with significant changes in the production process, the use of new or modernized production equipment and (or) software, new technologies;

works, services are fundamentally new, previously not performed, provided;

works, services are performed, rendered in an area in which previously similar works, services were not used.

1.2. Introduction of goods, works, services.

product, work, service are of an applied nature, have practical application;

the product, work, service is introduced in one or several industries.

1.3. The economic effect of the sale of goods, works, services.

This criterion is characterized by the planned positive economic effect of the sale of goods, works, services (in comparison with existing analogues) at the stages life cycle products.

1.4. Science intensity of goods, works, services.

This criterion is characterized by the use in the production of goods, performance of work, provision of services of highly qualified intellectual labor, the results of intellectual activity subject to legal protection and (or) new (within the last three years) scientific and technical, constructive and / or technological solutions.

2. High-tech products include goods, works and services that meet a set of criteria:

2.1. Compliance with the priority areas of development of science, technology and technology in the Russian Federation.

This criterion is characterized by the use in the production of goods, the performance of work, the provision of services of the results of research and development work corresponding to the priority areas of development of science, technology and technology of the Russian Federation and (or) the list of critical technologies of the Russian Federation approved by the Decree of the President of the Russian Federation dated July 7, 2011 No. 899 "On the approval of priority directions for the development of science, technology and technology in the Russian Federation and the list of critical technologies in the Russian Federation" (Collected Legislation of the Russian Federation, 2011, No. 28, Art. 4168).

2.2. High-tech products, works, services.

This criterion is characterized by the following features:

goods, work, services are manufactured, performed, and provided by enterprises of high-tech industries;

goods, work, service are produced, performed, rendered using the latest samples of technological equipment, technological processes and technologies;

goods, work, services are produced, performed, rendered with the participation of highly qualified, specially trained personnel.

Document overview

There is an official website that contains information about orders for the supply of goods, performance of work, provision of services. From 2013 to 2015, plans for the purchase of innovative, high-tech products and drugs by individual legal entities are posted on this website for a 3-year period. First, we are talking about state corporations, state-owned companies, natural monopolists. On organizations carrying out regulated activities in the field of electricity, gas, heat, water supply, water disposal, wastewater treatment, disposal (disposal) of solid household waste. On unitary enterprises, autonomous institutions, as well as on business companies, in which the share of participation of Russia, the region, municipal formation cumulatively exceeds 50%. Secondly, about subsidiary business companies, in whose authorized capital more than 50% of shares in total belong to the specified legal entities. Thirdly, about subsidiary business companies, in the authorized capital of which more than 50% of shares in total belong to those subsidiaries.

The criteria for classifying as innovative and (or) high-tech products are determined by federal executive authorities. Since 2015, the procurement plan for such products and drugs is posted by the customer on the official website for a period of 5 to 7 years.

In this regard, the Ministry of Education and Science of Russia approved the criteria for classifying goods, works, services as innovative and (or) high-tech products in order to form a purchase plan.

Innovative products include those goods, works and services that meet the set of the following criteria: scientific and technical novelty; implementation; economic effect of implementation; science intensity. High-tech - those that meet the set of the following criteria: compliance with the priority areas of development of science, technology and technology; high technology.

It has been determined what features characterize each criterion.

On approval of the criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established scope of activities of the Ministry of Industry and Trade of the Russian Federation "

MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

ORDER

On approval of the criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established area of \u200b\u200bactivity of the Ministry of Industry and Trade of the Russian Federation

In accordance with part 4 of article 4 of the Federal Law of July 18, 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities" (Collected Legislation of the Russian Federation, 2011, N 30 (part 1), Article 4571 )

i order:

To approve the attached criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established area of \u200b\u200bactivity of the Ministry of Industry and Trade of the Russian Federation.

Minister
D.Manturov

Registered
at the Ministry of Justice
Russian Federation
March 11, 2013
registration N 27584

Criteria for classifying goods, works and services as innovative products and (or) high-tech products

I. Criteria for classifying goods, works, services as innovative products

1. Consumer properties (including functional characteristics) of the goods are new and (or) exceed the consumer properties (including functional characteristics) of previously produced goods.

2. In the production of goods, the first introduced results of research, development and technological work are used.

3. The consumer properties of the goods are improved in comparison with the existing analogs or, in the absence of direct analogs, there are qualitatively new consumer (functional) characteristics, including those that increase the competitiveness of the goods, or a new way of using the goods that allows to expand the scope of its use.

4. In the production of goods, only new or modernized technological equipment, technological processes or technologies are used that were not previously used in the production of this goods, or new materials that improve the technical and economic, competitive, ergonomic, consumer and other indicators of the goods produced.

5. When performing work and providing services, the first introduced results of research, development and technological work are used, which were not previously used when performing similar works and providing similar services.

6. Performance of work and provision of services is associated with changes in the production process, the use of new or upgraded production equipment and / or software, new technologies.

7. The work is performed and the service is rendered in an area in which previously similar work and services have not been used.

8. The work and service are new, previously not performed and not provided.

9. When using in the production of goods, performance of work, provision of services, the results of intellectual activity, subject to legal protection.

10. When using new scientific and technical, constructive and / or technological solutions in the production of goods, performing work, rendering services.

II. Criteria for classifying goods, works, services as high-tech products

11. The goods, work, services are accordingly manufactured, performed and rendered by the enterprises of knowledge-intensive industries.

12. The goods, work and services are accordingly produced, performed and rendered using the latest technological equipment, technological processes and technologies.

13. The goods, work, service are accordingly produced, performed and rendered with the participation of highly qualified, specially trained personnel.

Notes:

An innovative product is a product, work and service if one or more of the criteria specified in paragraphs 1-10 are met.

A high-tech product is a product, work and service if all the criteria specified in clauses 11-13 are met.



Electronic text of the document
prepared by Kodeks CJSC and verified by:
Russian newspaper,
N 59, 03/20/2013

On approval of the criteria for classifying goods, works and services as innovative products and (or) high-tech products by industries related to the established area of \u200b\u200bactivity of the Ministry of Industry and Trade of the Russian Federation