Post a procurement plan for Federal Law 223. How to place a zero purchasing plan

In a business that involves government interests, procurement planning is not only part of effective management, but also a statutory responsibility. The procurement plan under 223 Federal Law is a necessary condition for managing financial resources in the field of providing certain business entities with material resources.

Who should make a plan and when?

For all enterprises that fall under Federal Law 223 of July 18, 2011, planning of supply (purchasing) operations is mandatory. The state introduced such an obligation, pursuing two main goals:

• preliminary informing of the business community and, as a result, ensuring the conclusion of more profitable contracts for customers;
• unification of the preliminary planning procedure for all market participants.

Achieving these two goals within the framework of Federal Law 223 ensures the procedure for the customer to formulate a procurement plan for the next year.

There are no statutory exceptions for subjects (enterprises), however, there are exceptions for operations that may not be included in the procurement plan under Federal Law 223.

As a general rule, the map of procurement operations for the next year must be posted on the official information resource in compliance with two deadlines:

• no later than 10 days from the date of official approval (the date that is reflected in the document on the adoption of the plan for the next year);
• until December 31 of the current year.

Since the entry into force of the procurement law, it has not been established at the legislative level that business entities should be held responsible for violation of the specified deadlines.

There is no such responsibility today. Perhaps it is for this reason that the plans of even some large corporations with state participation were published in violation of the established deadlines.

The Federal Antimonopoly Service is aware of this omission and in the near future it is planned to introduce amendments to the Code of Administrative Offenses, which will provide for liability for violation of deadlines for submitting information on planning procurement activities.

How to compose

The form of the procurement plan under 223 Federal Law is determined by the business entity independently. But this does not mean that an enterprise can completely do without regulating this important part of supply planning.

According to Federal Law 223, the form of the procurement plan, the procedure for its preparation, approval and placement must be enshrined in the local procurement regulations.

Also, a sample procurement plan under Federal Law 223 can be recorded locally. If in the course of its activities an enterprise violates the norms of its own regulations, this is equivalent to a violation of legal norms.

It is therefore obvious that a sample procurement plan under 223 Federal Law should be drawn up as conveniently and simply as possible, so that when drawing up documents, its use does not complicate the administration of business intentions, but, on the contrary, allows for more efficient management of available resources to meet expected needs.

As an example of a procurement plan under Federal Law 223, you can use plans published on the official website by large corporations.

For convenience, a plan can be drawn up based on the mandatory submission of the following information:

In addition to the specified parameters, when drawing up a procurement plan under Federal Law 223, the customer notes:

• nature of the operation;
• its quantification;
• price request (initial maximum contract price);
• planned procurement schedule.

The plan is approved by an official who is vested with such powers in accordance with the Regulations, after which the procedure for publishing the plan on the official information resource begins.

Posting on the site

Officially, the moment of posting a procurement plan on an information resource is the publication of this plan in the open part of the procurement website. This is an official procurement website.

Enterprises have the right to post such information on their own websites at any time and in any form that is consistent with their corporate policy. But such publication does not cancel the obligation to post the procurement map on the official information resource.

Before publication in the open part of the site, the planned supply map is checked in the so-called closed part. During the verification process, the customer provides the site administration with the following information:

• documents confirming that this plan is documented (drawn up in the format of a local document of the enterprise);
• documents approved by an authorized official of the customer.

Once this identification has been made, the plan will be made publicly available.

Alteration

According to current rules for planning business operations, enterprises must draw up a reasonable procurement plan for the next year at the beginning of the second half of the year.

The procurement plan under 223-FZ (Law "On Procurement..." dated July 18, 2011 No. 223-FZ, hereinafter referred to as Law No. 223-FZ) has the form and content determined by the legislator. Below we will tell you what regulations you need to use when drawing up a plan, how to fill it out and change it if necessary.

Planning in accordance with current legislation: law and resolution of the Government of the Russian Federation

Procurement planning activities by organizations subject to Law No. 223-FZ are regulated by the following sources:

1. Basic Law No. 223-FZ includes only reference norms to by-laws, which contain precise instructions on the form of the procurement plan under 223-FZ and on the rules for filling out this form. The law also stipulates the procedure for posting the plan in publicly available information resources.
2. Decree of the Government of the Russian Federation “On approval...” of September 17, 2012 No. 932 (hereinafter referred to as Decree No. 932) is a regulation in accordance with which customers draw up, post, and amend planning documents.

In addition, when developing the act we are considering, customers are required to use local regulatory sources and procurement regulations. All these documents are required to be placed in the UIS (unified information system for government orders).

Procurement plan according to Law No. 223-FZ

In accordance with the above Government Decree, the procurement plan under 223-FZ is drawn up electronically. In other words, a scanned document or pdf file is not allowed. This requirement allows any interested party to make copies on their own media of the entire document or any part thereof. In addition, by virtue of clauses 15-17 of the Regulations on the placement of procurement information in the UIS, approved by Decree of the Government of the Russian Federation dated September 10, 2012 No. 908, the plan can only be published using UIS software (structured type of plan), and it is optionally allowed to add either an electronic or graphical version of the act we are considering.

The form is legally established by the Government of the Russian Federation and is filled out in accordance with the requirements of Resolution No. 932. The plan for innovative, medicinal and high-tech contracts is drawn up with the nuances specified in clause 2 of the Requirements for the form approved by Resolution No. 932.

The plan is formed for at least one year (Part 2, Article 4 of Law No. 223-FZ). There are no restrictions on the maximum planning period. In this case, the document must be divided into months or quarters. Only for plans for innovative, medicinal and high-tech transactions, the framework is set: from 5 to 7 years.

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Adjustment (change) of the plan

If changes (adjustments) need to be made to the act we describe, the customer is obliged to:

1. Approve the changes and sign them with an enhanced electronic signature.
2. Make a separate list of changes.
3. Make changes to the structured, electronic and graphic types of plan in the Unified Information System within 10 days from the date of their adoption.
4. Post a list of changes.

This procedure is carried out no later than the publication of the notice of bidding (in the form of a competition or auction) and other related information (clause 9 of the Rules, approved by Resolution No. 932). Please note that all editions of the amended plan must remain freely available in the EIS.

Step-by-step instructions and sample filling

When filling out the form, you can follow the following guidelines:

1. Data on the name, location, tax identification number, checkpoint are taken from the Unified State Register of Legal Entities. OKATO - at the place of registration of the customer.
2. If the contract term is longer than the period for which the plan is being developed, then the terms of the contract are written for its entire duration.
3. All codes are entered in accordance with current classifiers. OKVED must indicate the section and subsection. The product code contains the section and class of the product. Only numeric symbols are used.
4. When describing the object of the transaction (column 5), minimal information is given, but to the extent that allows you to identify the object from other similar ones.
5. Further information is also provided on the current classifiers.
6. Columns 11-17 are filled in with the data that the customer determines independently.
7. The next section is developed only by customers who are required to work with medium and small businesses.

Here you can see an example of drawing up a procurement plan under 223-FZ for 2018.

Thus, the procurement plan under 223-FZ differs from a similar document filled out in accordance with Law No. 44-FZ. The requirements for its form and placement are established by the Government of the Russian Federation. However, entities operating under Federal Law No. 223 are largely guided by their own procurement regulations. Thus, these provisions may contain some features regarding the procedure for drawing up, publishing and amending the act described in this article.

November 30, 2016 3:54 pm

Or “Procurement plan under 223-FZ: how to prepare simply and easily”

The result of procurement planning under 223-FZ is a procurement plan formed in a regulated form and posted on time in the unified information system (UIS). But the law does not regulate How you form it, so customers themselves determine the order of the planning process and record it in the Procurement Regulations developed at the enterprise.

Forming a procurement plan is a rather labor-intensive process, since it is necessary to determine as accurately as possible the need of the entire enterprise for the acquisition of goods, works, services for at least the next financial year, evaluate and agree on the need for each acquisition, taking into account budget limits and warehouse stocks, if necessary, group similar needs, form , coordinate, approve and place the procurement plan in the Unified Information System.

If the goal of automating the departments and services that carry out procurement for your company is not only to carry out procedures regulated by law, but also to build an effective procurement planning system, in this case it is worth paying attention to the development of planning methods, selecting the optimal option and its automation.

In this article we will look at several options for creating a procurement plan, but first we will define the terminology.

Need– this is an application for the purchase of goods, works, services. The initiator of the need can be either an ordinary employee (for example, an application for the purchase of equipment to perform his work), or a manager, his deputy, or a specially designated employee in the department (for example, to generate needs for his department).

Procurement plan position– this is a separate component of the procurement plan (separate line). To put it simply, one position is one lot of purchase (see figure below).

Several needs can be combined into one position. For example, requirements for the purchase of computers from different initiators can be included in one position. In this case, we carry out one purchase, instead of several, reducing the workload of the department in organizing and conducting purchases.

Procurement plan positions are formed by employees of the organization involved in providing the enterprise with material resources or services, then responsible for procurement plan items.

Responsible for the positions of the procurement plan can be: the head of the information center - the purchase of computer equipment, specialists from the marketing department - the purchase of advertising and gift products, specialists from the administrative and economic service - the purchase of stationery, furniture, etc. Also, the role of the person responsible for the procurement plan items can be performed by the person responsible for the procurement plan.

Using a specialized system for generating a procurement plan simplifies the work of the person responsible for the procurement plan, since it is adapted to this task, there is no unnecessary information and allows the preparation and approval of the plan to be carried out as efficiently as possible.

Gathering information about needs

Automation of the process of collecting needs and entering them into the system can be organized in one of the following ways:

1. Directly in the corresponding directory;

2. Based on data from accounting systems;

3. Based on internal memos;

4. Based on departmental procurement plans (in Excel tables).

Let's consider options for building a planning process using the example of using the technical solution “Purchasing Management” of the DIRECTUM system.

1. Formation of needs by initiators in the directory

Requirement initiators create directory entries Needs within the time limits determined by the regulations of the enterprise, agreed with immediate managers. Those responsible for the positions form the procurement plan positions based on the needs, checking the correctness of the entered data, supplementing with the information necessary to formulate the procurement plan according to legal requirements. For example, the method of procurement, electronic procurement or not, date of placement, participants can only be SMP, etc.

The needs generated by the initiators, as we have already discussed, are, if necessary, grouped by the person responsible for the positions. It can be grouped according to the all-Russian classifier of products by type of economic activity, taking into account the dates by which each need must be fulfilled.

The obvious advantages of this scheme include distribution of the load among departments, increased responsibility of the initiators for planning, increased transparency of the process, maximum structured information (increased tools for analysis - analytical reports, KPI), the possibility of automatic and manual grouping of needs.

2. Formation of needs based on data from accounting systems

● Needs are initially formed by initiators in accounting systems. For example, 1C or others:

● production program (with production cost estimates);

● repair program;

● investment program;

This option is applicable when the enterprise has a high degree of automation of the enterprise’s activities in terms of accounting tasks; in this case, creating a procurement plan becomes a less labor-intensive process.

You might consider uploading information to the directory Needs or directly to the directory Procurement plan items without using the needs directory. It depends on how well the information in the accounting programs matches the format of the procurement plan, whether there is a need to group needs.

3. Formation of needs by initiators in the format of memos

In this case, based on the received paper memos, those responsible for the positions or those responsible for the procurement plan form the positions themselves.

This option occurs when:

● A limited number of users work in the system, for example, the procurement department, who coordinate and approve the procurement plan and documents for the procurement procedure itself. Initiators in the system do not work.

● The organization is not yet ready for fundamental changes in the process (there is no desire or opportunity to abandon office memos).

When choosing this work option, you should understand that:

● the workload on specialists in the tender department/purchasing department/responsible for positions will increase;

● the risk of human errors when entering information into the system will increase;

● there are no convenient tools for combining needs.

4. Formation of needs based on departmental procurement plans

An organization can use an option when department heads record the department’s needs for the purchase of goods, works, and services in Excel table format, reflect What, in which volume and in what deadlines.

This work option is used in the same cases as with the option of generating needs by initiators in the format of memos.

Coordination of procurement plans

As noted above, it is important not only to collect information from the initiators, but to ensure the validity of the procurement plan. This is ensured, among other things, by agreeing on the plan with stakeholders and the manager.

Once you have decided on the option for collecting needs and forming positions, you need to decide on the option for coordinating planning results.

Option

Coordination

Resolution of the second part of the fourth article of Law 223-FZ, the customer is obliged to place its procurement plan in a publicly accessible information database for a period of at least one year.

The procurement plan under Federal Law 223 for 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 in their absence. In simple terms - an empty plan.

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

In order to familiarize yourself with the contents of the letter, you can use the services of Internet portals. The document is freely available and anyone can download it. It is worth noting that the letter also contains a clause regarding the publication period for three years; according to the majority of experts, this is a technical error, since according to the law, posting data for the specified period is impossible.

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

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

Basic provisions

When and how should it be changed?

Regulation 223-FZ allows customers to change data an unlimited number of times. However, this procedure requires some justification. Data correction is not done simply.

As you know, the procurement plan is approved for one year. If it is somehow related to medicines, innovative equipment and technologies, then the publication period becomes even longer. For example, the 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 purchasing specific goods or services;
• there is a need to clarify the validity of the agreement;
• the total cost of the purchase changes in any direction by more than ten percent;
• if it is necessary to purchase any goods, data about which is not in the initial version of the plan.

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

1. Make changes and approve a new version of the plan - this procedure is performed if the original procurement plan was completed in electronic or graphical form.
2. Make a separate list of edits. This responsibility falls on the shoulders of an 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, you must be guided by the provisions of the organization, customer documents, etc. If this possibility is not available, then changes are made in exactly 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 must 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 “Change Project” item.
4. You need to click on the “Procurement plan items” button.
5. Remove required items.
6. In the Details dialog box, you must specify the reasons for making adjustments.
7. The presented columns marked with an asterisk must be filled in in accordance with your changes in the procurement plan.
8. At the end, you need to press the key labeled “Finish data entry.”

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

Violation of any conditions and rules related to procurement is subject to administrative liability. The violator will be fined and, in exceptional cases, may 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 compilation and placement

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

In addition, local provisions of Form 223-FZ may contain examples of a procurement plan. If the activities of an organization contradict the provisions it has created, this is considered a violation of the law.

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

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

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

Many people have a question: “do I need a schedule and some additional information?”

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

• schedule of planned purchases;
• type of operation and its nature;
• price request data;
• information about the quantitative determination of the operation being performed.

From the point of view of official data, the moment of placement of 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 publication in the open access database system, the planned supply plan undergoes 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 who has these powers.

After the adoption of 223-FZ, the government of our state put customers in a difficult position. They are forced to formulate, or more precisely change, their procurement plans, since they need to be reflected in the general system immediately after their adoption. An open access database makes it possible to make government tenders 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 are, in one way or another, related to the state, accordingly, there are a lot of changes in the plans of organizations, but if you do not place data in the system, then the occurrence of errors and shortcomings is inevitable.

Public procurement is a complex mechanism that 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 study as completely as possible the principle of operation of the entire system. Otherwise, you will receive only losses from this.

Formation options

Forming a future procurement plan is a rather complex 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 effective procurement system, then it is worth paying attention to planning methods.

The first step is to gather data about your company's core needs.

This can be done based on certain sources:

• in the relevant reference books;
• in accounting systems information"
• using various memos;
• based on completed procurement plans.

The important thing is that after choosing a method for generating requirements, it must be reflected in the procurement document and this information must be placed in the Unified Information System. Both documents must be created in electronic format.

Some customers do not know the answer to the question: “when is it necessary to place this data.” The period for publication of updated information cannot exceed fifteen days from the date of adoption of the changes. Otherwise, the company will be held administratively liable.

Planning

Order 223-FZ states that the customer is obliged to publish data on its planned purchases on the official Internet resource. The data is published in the public domain for every visitor to the portal. However, this occurs 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 required to post the data. In this case, it is necessary to publish a zero plan.

According to the decree of the government of the Russian Federation number 932, absolutely all information about the purchased goods, services and works must be included in the procurement planning process.

There is one exception, its essence is that the plan cannot reflect information about goods if they are a state secret and 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 using the following funds must be reflected in the plan:

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

In addition to budget-type institutions and organizations, this law also includes:

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

Publication dates

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