Place a zero procurement plan for 223 fz. Placement of the zero chart plan. Formation of needs by initiators in the directory

In the article, we will analyze how and in what time frame to form a procurement plan for 223-FZ customers, whether it is possible to make changes to the published plan, and also what features exist in planning the procurement of innovative, high-tech products and medicines.

  1. Procurement plan for goods, works, services for a period of at least 1 year.
  2. Plan for the purchase of innovative products, high-tech products, medicines for a period of 5-7 years.

The plan for the procurement of goods, works, services is an information base for all persons interested in participating in procurement conducted by the customer, since it contains information about the needs of the customer, the prices of the proposed purchases and their timing.

The purchasing plan helps you plan your participation in purchases conducted by customers. A well-formed procurement plan contributes to the expansion of the number of procurement participants and, as a result, to the efficient use of funds.

The procedure for the formation of a procurement plan, the procedure and terms for placing such a plan in the EIS, the requirements for the form of such a plan are established by Decree of the Government of the Russian Federation of September 17, 2012 No. 932.

The plan must contain information about the customer, the serial number of the procurement, the minimum required requirements for the objects of procurement, units of measurement, the timing and planned timing of the procurement, information about the NMCC, the terms of the contract and other information defined by Law No. 223-FZ and Decree No. 932.

The procurement plan published by the customer provides for a quarterly or monthly breakdown. The terms and procedure for preparing the procurement plan are determined by the Customer independently, as a rule, in the Procurement Regulations. At the same time, it should be borne in mind that the placement of the procurement plan (amendments) in the EIS must be made within 10 calendar days from the date of its approval (amendments).

The procurement plan is placed in the EIS no later than December 31 of the current calendar year.

However, not all purchases are necessarily included in the procurement plan. Purchases not included:

  • constituting a state secret;
  • on which the decision of the Government of the Russian Federation was made;
  • the need for which arises as a result of an accident, emergency, force majeure circumstances.

In addition, the procurement plan may not reflect information on the purchase of goods (works, services) if their cost does not exceed 100,000 rubles, and if the annual revenue of the customer for the reporting financial year is more than 5 billion rubles. , - information on the purchase of goods (works, services), the cost of which does not exceed 500,000 rubles.

Planning is carried out “positional”, in a separate line for each planned procurement procedure. When filling out the positions of the procurement plan, write down the minimum requirements for the object of procurement, not just referring to the terms of reference (see Letter of the Ministry of Economic Development of the Russian Federation dated May 30, 2014 No. D28i-830). This will distinguish one purchase with a similar item from another, avoiding complaints from participants.

Changes in the procurement plan under 223-FZ

Often, customers are faced with a change in the need for procurement or a change in the cost of GWS planned for purchase by more than 10%. In this case, it is necessary to adjust the procurement plan and place the modified procurement plan in the EIS.

The purchase plan can be changed an unlimited number of times. At the same time, the customer develops the grounds for making changes independently. When making changes to the procurement plan in the EIS, it will be necessary to place a document with a list of the changes made.

If the procurement is carried out by holding a tender or auction, changes to the procurement plan are made no later than the posting of a procurement notice, procurement documentation or changes made to them in the EIS. For other procurement methods, such restrictions are not provided by law. At the same time, it is advisable to establish, regardless of the method of procurement, uniform terms and procedures for the formation and adjustment of the procurement plan.

When forming a procurement plan, the customer may have practical issues. For example, is it necessary to form a procurement plan if all purchases are planned to be made up to 100,000 rubles? Yes, in any case, it is necessary to form both plans, filling them with zero values ​​(Letter of the Ministry of Economic Development of Russia dated May 22, 2015 No. OG-D28-7458).

Or, if the customer will conclude a long-term contract, how to properly plan the purchase? In this case, information about such a contract is reflected once, only in the procurement plan of the year in which the purchase will take place, while the procurement plan must reflect the volume of purchases for the entire period of the contract.

A special place in the procurement planning system under Law No. 223-FZ is occupied by support for small and medium-sized businesses.

Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 defines procurement quotas from SMSP for a certain group of customers:

Attention! From January 1, 2018, amendments to Decree No. 1352 will come into force, which will increase quotas for “targeted” (organized for this category of participants) purchases from SMSP.

Procurement plan for innovative, high-tech products and medicines

In addition to the procurement plan for the current financial year, customers are required to place in the UIS for a period of 5 to 7 years plans for the purchase of innovative products, high-tech products, medicines. The criteria for referring to innovative, high-tech products are determined by the federal executive authorities in the established field of activity, as well as by the State Corporation Rosatom. If the customer plans to purchase innovative products, high-tech products, medicines, information about them should be included in both plans.

Currently, a number of executive authorities have approved such criteria for use in planning procurement related to activities in the areas they regulate (education, science, healthcare, transport, etc.).

Purchases from SMP under 223-FZ

In relation to customers named in Orders of the Government of the Russian Federation No. 2258-r dated November 6, 2015 and No. 717-r dated April 19, 2016, compliance with the requirements for procurement from SMEs is controlled by the Federal Corporation for the Development of Small and Medium Enterprises, as well as executive authorities of the constituent entities of the Russian Federation or organizations created by them for these purposes. In relation to such customers, draft procurement plans, procurement plans for innovative, high-tech products, medicines, as well as draft amendments to such plans, are subject to conformity assessment.

Compliance monitoring is carried out in relation to approved plans, changes made to such plans, and in relation to annual reports of individual customers in part.

Only those customers who fall under the evaluation and monitoring procedures form a section in the procurement plans on participation in the procurement of SMEs.

Penalties for non-placement of the procurement plan under 223-FZ

In conclusion, we recall the administrative responsibility of the customer for not posting or violating the terms for posting procurement information in the EIS, the placement of which is provided for by Federal Law No. 223-FZ. So, by virtue of Part 5 of Art. 7.32.3 of the Code of Administrative Offenses of the Russian Federation, failure to place information on the procurement in the EIS, the placement of which is provided for by law, entails a fine on officials - in the amount of 30 to 50 thousand rubles; for legal entities - from 100 to 300 thousand rubles.

Violation of the terms for placing procurement plans is also fraught with fines - officials can be held administratively liable in the form of a fine of 2 to 5 thousand rubles; legal entities - from 10 to 30 thousand rubles (part 4 of article 7.32.3 of the Code of Administrative Offenses of the Russian Federation).

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The resolution of the second part of the fourth article of the law 223-FZ, the customer is obliged to place his procurement plan in a public information database for a period of at least one year.

The procurement plan for 223-FZ goods belonging to the categories of innovative products, medicines and high-tech equipment must be placed in the system for a period of 5 to 7 years. Based on this, a paradox arises - the customer is obliged to post information about purchases even if they are not available. In simple terms, an empty plan.

These statements are confirmed by a letter from the Ministry of Economic Development of Russia dated May 22, 2019. Based on it, the annual procurement plan for 223-FZ should be placed in the system. Innovative products, high-tech equipment and drugs should be reflected in the system in a separate document.

In order to get acquainted with the content of the letter, you can use the services of Internet portals. The document is freely available and can be downloaded by anyone. It is worth noting that the letter also contains a clause on the timing of publication for three years, according to most experts, this is a technical error, since according to the law, publishing data for a specified period is impossible.

The formation of a procurement plan, in accordance with the resolutions of September 17, 2012, should be carried out without reflecting in the content of data on purchases made in the amount of up to 100 thousand rubles.

If the annual financial turnover of the organization exceeds five billion rubles, then it gets the right not to reflect in the plan all purchases worth up to five hundred thousand rubles. That is, if purchases were made, but their cost is less than the specified values, then the customer must publish an empty plan.

Key points

When and how to change it

Regulatory act 223-FZ allows customers to change data an unlimited number of times. However, this procedure requires some justification. Correction of the data is simply not carried out.

As you know, the procurement plan is approved for one year. If it is somehow connected with medicines, innovative equipment and technologies, then the publication period becomes even longer. For example, a customer published his plan in 2019, so it is valid at least until the beginning of next year.

Changes to its content are possible only in the following cases:

  • there is a need to change the timing or methods of acquiring specific goods or services;
  • there is a need to clarify the effect of the agreement;
  • the total cost of the purchase changes in any direction by more than ten percent;
  • if you need to purchase any goods that are not included in the original version of the plan.

In order to make changes, you need to perform two main steps:

  1. Make changes and approve a new version of the plan - this procedure is performed if the original procurement plan is made in electronic or graphical form.
  2. Make a separate list of edits. This responsibility falls on the shoulders of the authorized person. The list can be made in any form, but in electronic format.

Interestingly enough, the provisions of the law do not contain specific rules and conditions for changing the procurement plan. In this regard, when making adjustments, one must be guided by the provisions of the organization, customer documents, etc. If this possibility is not available, then the changes are made in the same way as the original form of the plan was drawn up.

The step-by-step instructions below describe in detail the process of making adjustments on the official Internet portal.

The procedure is as follows:

  1. You need to log into the user's personal account using.
  2. Next, you need to go to the "Register of Procurement Plans" section.
  3. Next, select the item "Draft changes".
  4. You need to click on the button "Procurement plan items".
  5. Delete required items.
  6. In the "Details" dialog box, you must specify the reasons for making adjustments.
  7. In the presented columns, marked with an asterisk, you need to complete the filling in accordance with your changes in the procurement plan.
  8. At the end, you need to press the button that says "Complete data entry."

In order to publish a new procurement plan, you must use the context menu, where you can find the "Publish" item. You can make adjustments to the already modified version of the plan before it is confirmed with an electronic signature. In the future, to complete this task, you will have to create a new project.

Violation of any conditions and rules that are associated with procurement is subject to administrative liability. The violator is fined, in exceptional cases he can also be disqualified. The amount of the fine depends on the type of violation, it can range from 2 to 300 thousand rubles.

Rules for compiling and posting

The form of the procurement plan is determined by the subjects independently. However, this does not mean that the organization can skip the stage of regulation of supply planning.

In addition, examples of a procurement plan may be present in the local provisions of form 223-FZ. If the activity of the organization is contrary to the provisions drawn up by it, then this is considered a violation of the law.

Based on this, it can be understood that the general sample for filling out the procurement plan should be as simple as possible in order to avoid misunderstandings in the future. As initial data, we can take the public procurement plans of the largest corporations in our state.

To achieve maximum convenience of the document, you need to focus on the following tips:

  • perform a breakdown of actions into quarters (four points are perceived much easier than twelve);
  • accompany each action with a number of requirements and obligations, as well as list documents that are able to regulate the possibility of acquiring a quality product in accordance with the concluded contract;
  • be sure to indicate the method of the purchase (auction, direct purchase competition, etc.);
  • type of procurement (electronic format or not).

Many people have a question: "do I need a schedule and some additional information."

In addition to the above items, the sample may also include the following information:

  • schedule of planned purchases;
  • type of operation and its nature;
  • price request data;
  • information on the quantification of the operation being performed.

From the point of view of official data, the moment of placing the procurement plan in the database is considered to be its publication in the public domain on the official Internet procurement resource. On other services, the plan can be published in any form, it will not be considered official.

Before being published in the open access database system, the planned supply plan goes through a series of checks.

The customer is obliged to provide the administration of the Internet resource must provide:

  • provisions and documents that confirm the consolidation of the plan from a legal point of view;
  • documents that are approved by an official of the customer organization with this authority.

The government of our state, after the adoption of 223-FZ, put customers in a difficult position. They are forced to engage in the formation, or rather, changes in their procurement plans, since they need to be reflected in the general system immediately after they are adopted. The open access database makes it possible to make the auctions of the state as open and accessible as possible. Which is quite important, since the level of corruption in our country is very high.

In addition, the adjusted procurement plan must be approved by the owner of the company or other authorized person working in it. Today, the vast majority of purchases, one way or another, are related to the state, respectively, there are a lot of changes in the plans of organizations, but if you do not place data in the system, then errors and shortcomings are inevitable.

Public procurement is the most complex mechanism, which includes a huge number of different companies, organizations, etc. Incorrect activity of one member can disrupt the stable operation of the entire process.

In this regard, before starting to trade with the state, it is necessary to fully study the principle of operation of the entire system. Otherwise, you will only get losses from this.

Formation options

Forming a future procurement plan is a rather complicated process that requires the most accurate determination of the needs of the entire enterprise.

If the goal of automating departments and services of an organization is not only to carry out processes regulated by law, but also to build a complete and efficient procurement system, then you should pay attention to the methods of planning development.

The first step is to collect data about the basic needs of your company.

This can be done based on certain sources:

  • in the relevant directories;
  • in the information of accounting systems"
  • with the help of various memos;
  • based on completed procurement plans.

It is important that after choosing the method of generating needs, it must be reflected in the procurement document and placed in the EIS. Both documents must be created in electronic format.

Some customers do not know the answer to the question: "when it is necessary to place this data." The period for publishing updated information cannot exceed fifteen days from the date the changes were accepted. Otherwise, the company is subject to administrative liability.

Planning

Order 223-FZ says that the customer is obliged to publish data on his planned purchases on the official Internet resource. The data is published in the public domain for each visitor to the portal. However, this happens only after the final approval of the procurement plan using electronic signature technology.

If the cost of future purchases does not exceed 100 thousand rubles (for organizations with an annual turnover of more than 5 billion rubles, this amount is five hundred thousand), the customer is still obliged to post the data. In this case, you must publish a zero plan.


According to the Decree of the Government of the Russian Federation under the number 932, the procurement planning process must include absolutely all information about the purchased goods, services and works.

There is one exception, its essence lies in the fact that the plan cannot reflect information about goods if they are a state secret and at the same time confirmation of this information is present in the corresponding notice.

What is included in the procurement plan under 223-FZ

From the beginning of 2019, the execution of purchases at the expense of the following funds must be reflected in the plan without fail:

  • through grants;
  • as a contract performer;
  • at the expense of extra-budgetary funds (income received by another type of activity).

In addition to institutions and organizations of the budgetary type, this law also includes:

  • municipal and unitary organizations;
  • autonomous organizations created by the municipality;
  • economic companies and their subsidiaries, most of whose assets are owned by municipal organizations.

Publication dates

In accordance with the provisions under number 908, adopted by the government of our country on September 10, 2012, the publication of information on changes made to active procurement plans must be carried out within fifteen days (including holidays and weekends) after their approval.

The placement of the original plan for the whole year must be completed no later than December 31st of the calendar year. Officially, the plan is considered to be fully posted if its well-structured electronic form or schedule is present in the EIS.

Otherwise, the customer is considered to have overdue the publication period and may be subject to administrative liability.

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

If the question refers to the placement of the schedule for 2016, then the placement of " zero" schedule is compulsory

If we are talking about the 2017 schedule, then there is no direct obligation in Law No. 44-FZ to place a zero schedule in the absence of procurement and funding for the organization.

At the same time, as follows, for example, from RESOLUTION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION No. 554 dated 05.06.2015, the procedure for including additional information in the procurement schedule and the form of the procurement schedule, including additional information, are determined by the regulatory legal act of the highest executive body of state power of the constituent entity of the Russian Federation ( municipal legal act of the local administration), establishing additional information.

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Thus, in order to avoid disputes, including during inspections by regulatory authorities, before the release of official clarifications, we recommend placing a "zero" schedule for 2017.

If funding is not provided, how to place a "zero" schedule?

When generating the schedule, it is possible to indicate the sign "Purchases for the period of placement of the schedule are not provided."

"Zero" schedule in the EIS

When forming the schedule, there is a technical possibility to set the checkbox (tick) "Procurement for the period of placement of the schedule is not provided."

If the customer does not plan to purchase goods, works, services during the calendar year, it must be indicated in column 5 of the schedule that purchases are not provided for in the current year.

The rest of the columns are not filled. This is stated in sub. 6 paragraph 5 of the order of the Ministry of Economic Development of Russia No. 182, the Treasury of Russia No. 7n dated March 31, 2015 “On the features of placement in a single information system or before the commissioning of this system on the official website of the Russian Federation in the information and telecommunication network Internet for posting information on placing orders for the supply of goods, performance of work, provision of services of schedules for placing orders for 2015–2016”.

Thus, the compilation of the so-called "zero" schedule is compulsory, even if the customer does not plan to determine the supplier during the calendar year.

Journal "Goszakupki.ru" is a magazine, on the pages of which leading industry experts give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All journal articles are the highest degree of reliability.

In accordance with the requirements of the legislation on procurement activities, the customer is obliged to post information about tenders planned for next year in a timely manner. At the same time, it doesn’t matter which federal law it works under: No. 44 or No. 223. Violation of the terms for placing PZ and schedules may entail administrative liability for the organization and officials.

However, in practice there may be situations where orders are not scheduled. This situation may be, for example, in cases where:

  • the organization purchases in accordance with Law No. 223 from extra-budgetary funds, grants, etc. (Article 15 of Law No. 44-FZ), but there are no such funds in the planned year and, accordingly, procurement will not be carried out;
  • the customer plans only orders up to 100,000 rubles, which he has the right not to place in the EIS and not to enter into the PZ;
  • the customer was not brought financing for the next financial year.

A similar situation also arises for customers who do not purchase innovative and high-tech products, but, in accordance with Art. 4 of Law No. 223-FZ are required to post a plan for such public procurement.

So, is it necessary in these cases to place planning documents in the Unified Information System?

Non-placement can be qualified by the inspection bodies as a violation by the customer of the established procedure for planning and placing information. Responsibility for non-placement is provided for in Articles 7.29.3, 7.32.3 of the Code of Administrative Offenses. The absence of this information in the EIS does not indicate the absence of public procurement. The way out of this situation will be the placement of the so-called zero PZ. Thus, the planning procedure established by law will be observed and information about the absence of tenders will be formally communicated to an indefinite circle of people.

Placement of a zero procurement plan under 223-FZ

Consider step by step how to place a zero procurement plan for 223-FZ.

Step 1. We draw up a document in paper form. We put dashes in the columns.

Step 2. We approve the document from the head of the organization or an authorized person.

Step 3. We place in the EIS. We select the type, enter information about the planning period, the date of approval by the manager.

Step 4. If the system requires filling in information on public procurement, you can put dashes and zeros.

Step 5. We attach a graphic form of the document - a prepared document in Excel or Word format (not a scan).

Step 6. We sign with the help of EDS.

Information must be posted in the EIS no later than 10 days from the date of approval by the head. It is necessary to have time to approve and place the document before December 31 of the current year.

A sample of a zero procurement plan according to 223-FZ

How to place a zero plan for the purchase of innovative products

The PZ for innovative products is formed by customers working under Law No. 223-FZ for a period of 5 to 7 years. Information must be uploaded to the EIS by December 31 of the current year.

The procedure for preparing and placing is similar to those for placing a PP:

  • we prepare a document in paper form, put dashes in the appropriate columns;
  • approve the document in paper form with the head of the organization;
  • in the column "Purchase plan type" select "Procurement plan for innovative products";

  • enter information about the planning period, the date of approval;
  • if necessary, fill out a structured form in the EIS (put dashes and zeros);
  • attach a graphical view of the document;
  • We sign with the help of EDS and place it in the EIS.

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

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

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

For a period of 5-7 years, a plan is formed if the objects of procurement are innovative or high-tech goods or services, as well as medicines. Otherwise, the minimum plan duration is one year.

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

  • contract with .

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

Fragmentation of purchases

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

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

Control authorities distinguish the following signs of fragmentation of purchases:

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

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

Instructions for forming

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

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

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

The following information must be included in the plan:

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

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

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

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

How to make changes

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

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

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

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

The electronic procurement plan reflects the basic information about the number of objects needed by the customer, their characteristics and delivery times. It is possible to avoid mistakes when placing a procurement plan by describing in detail all the positions of the standard form of the plan, while taking into account the requirements of the procurement legislation.