Lightning! Payment deadlines under control. Ordered to hurry: Money will come to small businesses faster How the payment deadline for contracts concluded with small business entities and socially oriented NPOs has changed

Number 44 of the Federal Law defines the obligation of state and municipal institutions to receive a certain part of goods, works and services from small businesses. The share of participation of this category must be at least 15% of the total annual procurement volume. At the same time, the legislation determines the priority of domestic manufacturers and suppliers.

Small businesses are legal entities whose status is determined by a small volume of quality indicators - up to 100 employees and up to 800 million rubles in revenue per year. It is understood that these organizations are commercial and operate for the purpose of making a profit.

Issues of purchasing goods, works or services from SMP are regulated. It regulates not only the procedure for purchasing goods and services, but also determines the parties that may be involved in this issue.

The provisions of Article 30 apply to socially oriented non-profit organizations. It is prescribed that SONCOs under Federal Law 44 must be established by the state, constituent entities of the Russian Federation or municipalities.

Rules for purchasing from SMP

The legislation determines that small businesses can participate in any type of procurement, which are carried out by state or municipal institutions to meet their needs. Main conditions for participation— compliance with customer requirements and the ability to fulfill contract requirements.

According to Federal Law 44, SONCO can purchase only among small and medium-sized enterprises. In this situation, competition with the average and big business. Any applications from such organizations are rejected by the customer.

Volume

The share of purchases from small businesses under 44 Federal Laws must be at least 15% of the total annual supply. Based on the results of the past calendar year, the customer, before April 1, compiles and places in a single information system report. It specifies the following aspects:

contracts with small businesses;
procurement from socially oriented non-profit organizations;
information about the failed identification of suppliers.

The percentage for SMP under 44 Federal Laws must be clearly reflected in the reporting. All purchases from small businesses must be noted in the report, as well as their total volume.

With regard to the volume of cash turnover, it is prescribed that price of a separate contract with a small business entity cannot exceed 20 million rubles.

Methods

The percentage of purchases from small businesses under 44 Federal Laws is determined not only by the number of SMPs involved and the amount of funds spent. An important aspect is compliance with the procedure and calculation of purchases from small businesses. Federal Law 44 identifies the following ways to conclude contracts for deliveries via NSR:

competition open to all suppliers;
limited conditions of the competition;
mixed competition in two stages;
electronic trading;
request for quotations;
request for available proposals.

Failure to comply with the appropriate procedure for informing and carrying out the chosen method is interpreted as a violation of the law.

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The legislation does not define the list of purchases from SMP under 44 Federal Laws. State or municipal institution has the right to acquire any goods, works or services for small businesses.

It is also possible not to carry out certain purchases at SMP. That is, the institution itself determines its priorities in supplies. The main condition is compliance with the procedure and the overall scope.

Benefits for small and medium-sized enterprises under 44 Federal Laws

Benefits for SMP under Federal Law 44 include the following benefits:

the security amount is up to 2% of the initial maximum contract value;
The customer is given 15 days from the date of signing the acceptance document to pay for the purchase;
if the winner of the competition, electronic auction or a request for proposals has become a small business entity, the customer has the right not to require a contract. (Find out which one).

Administrative responsibility

Administrative liability for non-compliance with legislation on placing an order with SMP defined:

Violation of deadlines for posting information in the unified procurement information system during a competition or auction for less than two days, relies fine of 5 and 15 thousand rubles for physical and legal entities respectively;
in case of violation of the specified period for more than two days the fine is 30 and 100 thousand rubles;
Violation of the deadline for posting information when requesting quotes or proposals from small businesses no more than a day - 3 and 10 thousand. for individuals and legal entities;
similar violation with delay more than a day - 15 and 50 thousand.;
violation of the requirements and procedure for posting information for procurement from small businesses entails fine of 15 and 50 thousand.

Penalties are also imposed for other administrative violations - unlawful refusal, failure to comply with protocol and reporting requirements. Special mention should be made of fine for failure to comply with the established volume of purchases for small businesses - it amounts to 50 thousand rubles.

President of the Russian Federation Vladimir Putin signed a law establishing the maximum possible from the moment of signing the document on their acceptance (). The document came into force yesterday.

Please note that the law provides for exceptions to general rule about the payment deadline. In particular, if the government, in order to ensure the defense capability and security of the state, sets a different payment deadline. And also when paying obligations under contracts with small businesses and socially oriented non-profit organizations - government customers will need to pay for them within 15 working days. At the same time, previously a 30-day deadline for payment of fulfilled obligations was established only in relation to contracts with small businesses and socially oriented NPOs that were the only participants procurement.

Should the procurement organizer provide clarification if the participant sends a request for clarification of the provisions of the documentation later than 3 days before the deadline for submitting applications (that is, 2 days or 1 day)? The answer is in "Encyclopedia of solutions. Government and corporate procurement" Internet version of the GARANT system. Get 3 days free!

Let us recall that in April of this year the State Duma adopted in the first reading a bill providing for... We are talking about adding a new article, which provides, in particular, a sanction for the first such violation in the form of a fine in the amount of up to 50 thousand rubles, for a repeated one, that is, committed within a year after the punishment was imposed for the first - disqualification for a period of from one year to two years.

(News from April 29, and on May 1 the law was already signed and published) Usually 44-online does not publish news about the movement of bills, but this one is worth noting. Adopted by the Federal Assembly and sent to the President, this means that the text will not change. And every day there can be an official publication, from the moment of which (separately indicated in the draft) it will come into force. And the text is short, but succinct - 30 days for payment to all suppliers (including payment for contract stages), 15 days for payment for SMP and SONO.

Amendments have been prepared to Articles 30 and 34 of the Federal Law "On contract system" in terms of establishing the deadline for payment by the customer for the goods supplied, work performed, services rendered. What deadlines are established:

Was	Will(already become)
The payment period after signing the acceptance certificate of goods, the certificate of work performed, services rendered was not established by law	Part 13.1.art.34 The deadline for payment by the customer for the delivered goods, work performed (its results), services rendered, and individual stages of contract execution must be no more than thirty days from the date of signing by the customer of the acceptance document provided for in Part 7 of Article 94 of this Federal Law, with the exception of the case specified in Part 8 of Article 30 of this Federal Law, as well as cases when the Government of the Russian Federation, in order to ensure the defense capability and security of the state, has established a different payment period /
Part 8 article 30 If the notice of procurement establishes restrictions in accordance with Part 3 of this article, the contract concluded with a small business entity or a socially oriented non-profit organization shall include required condition on payment by the customer for the delivered goods, work performed (its results), services provided, individual stages of contract execution no more than within thirty days from the date the customer signs the acceptance document provided for in Part 7 of Article 94 of this Federal Law.	Part 8 article 30 If restrictions are established in the procurement notice in accordance with Part 3 of this article, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition that the customer pay for the goods supplied, the work performed (its results), the services, individual stages of contract execution no more than within fifteen working days from the date the customer signs the acceptance document provided for in Part 7 of Article 94 of this Federal Law.

Be sure to check this news! 44-online has already done this and recommends checking the payment terms using its standard established forms now. After all, situations cannot be ruled out when, after the law comes into force, it will not be easy to urgently change the deadlines.

Official text

What questions have arisen and require attention:

In the case of a contract with SMP or SONKO, working days must be counted, in the case of “regular” contracts - calendar days
If SMP became the winner of the procedure carried out without restrictions under Article 30 - how many days are there to pay for the contract?
Is it necessary to make changes to the schedule and reduce the deadlines in the “Contract execution period” column?
Do the new requirements apply to contracts with sole supplier up to 100 tr.

In addition to regular tenders, there are special tenders, which are allocated exclusively to small businesses for participation. Such procurement has additional requirements and benefits for suppliers. For the convenience of suppliers, we provide contract services according to any, even the narrowest, criteria.

Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in an amount of at least 15% of the total annual volume of concluded contracts. In order to comply with the standard, Federal Law 44 provides for 3 mechanisms.

Firstly, a procurement volume of 15% can include contracts concluded with SMP, which won the procurement carried out among all suppliers (for example, a regular purchase was announced, and SMP won it);

Secondly, procurement, the participants of which can only be SMP. These are competitive procurements for which a list of goods, works, and services is approved (see below). Agreements based on the results of these purchases fall into the standard of 10% of purchases only from SMP;

Thirdly, contracts concluded by participants (executors, contractors) with co-executors from among the SMP are used to meet the standard. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that in order to fulfill the contract he must attract subcontractors from among the SMP. Such agreements also fall into the total number of agreements concluded with SMP (15%).

As you can see, there are strict regulations for the customer regarding the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to bidding for small businesses first of all - they are much more profitable and transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.

Result in numbers:

30%

is the size of the maximum advance as part of supporting small businesses

Experts from the Entrepreneurship Support Center, having studied all existing small business support programs, using their accumulated experience, and close interaction with various government agencies, have developed a unique scheme of work for government and commercial tenders for small businesses, you will receive profitable contracts with advance payment and all possible benefits, and also with minimal costs!

And we will help you realize the project of your dreams!

The main advantages of purchasing from Small Businesses and Socially Oriented Non-Profit Organizations under 44-FZ

The Federal Law applies the designation SMP - “Small Business Entity”. The format for participation in procurement is described in detail in, within the framework of which customers are required to conclude at least 15% of all contracts from the total volume of concluded transactions with SMP. At the end of the year, by April 1, customers place in the Unified Information System data on tenders allocated for SMP for the entire past year. The report is allowed to include only those purchases in which the advantage for the NSR was stated and these tenders took place. If the quota is not met, the organization will receive a substantial fine!

SMP can participate in any tender if the organization meets the customer’s criteria and is able to fulfill the terms of the contract. Tenders that the customer is required to place exclusively for small businesses have a number of benefits. This means that there will be no large or medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMCC purchases from SMP under 44 Federal Laws cannot exceed 20 million rubles. To submit an application, suppliers attach . And since 2017, an extract from the Federal Tax Service from the new Unified register SMP.

Result in numbers:

is the amount of maximum support within the framework of support for small business representatives

Benefits for tenders for small businesses under Federal Law 44

Approved advance payment of up to 30% of the contract value.
Payment terms for completed work are strictly up to 15 days.
The size of the application security is no more than 1% or 2%.
Enforcement is no more than 5% or 10%.
Neither medium nor large competing companies can participate.
Involvement of SMP through subcontracting, according to the corresponding requirement in the tender documentation.

Among the upcoming changes in Federal Law is approved “On Amendments to the Federal Law “On the Contract System...””. The bill will no longer allow the involvement of a subcontractor that is affiliated with the customer in the implementation of the tender. This will exclude cases where an organization transfers construction subcontracts to its subsidiaries. If an institution violates the Federal Law, then such a contract cannot be placed in the procurement register of the SMP. Another innovation will concern the fact that since 2017, applications for any form of tender selection can be sent to the EIS in electronic format. This will reduce costs for participants and also eliminate the corruption component when rigging results when carrying out “paper” procedures.

Describe what services or goods you provide

And we will help you find suitable contracts with advance payment!

How are purchases made from small enterprises under 44 Federal Laws?

The law defines privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter referred to as SMP, SONCO) in the procurement of goods, works, and services for state or municipal needs. Customers are required to purchase from SMP and SONKO in the amount of at least 15% of the total annual procurement volume through various tenders: open competitions, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles. (Part 1 of Article 30 of Federal Law-44).

Procurement from SMP and SONPO is a separate procedure - its participants are exclusively SMP and SONPO, and a corresponding restriction is established in procurement notices. In this case, procurement participants are required to declare in applications for participation in procurement their affiliation with SMP or SONKO (Part 3 of Article 30 of Federal Law No. 44). You can download all the necessary declarations and certificates in the section.

If procurement from SMP or SONCO is declared invalid, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONPO, and carry out procurement on a general basis (Part 4 of Article 30 of Federal Law No. 44).

The customer has the right to establish in the procurement notice a requirement for the supplier (performer, contractor), who is not an SMP or SONCO, to involve co-contractors from among the SMP, SONCO in the execution of the contract. In this case, the condition on the involvement of subcontractors, co-executors from among the SMP, SONCO in the execution of contracts is included in the contracts indicating the volume of such involvement, established as a percentage of the contract price.

If the notice of procurement establishes restrictions on the participation of exclusively SMEs and SONCOs, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition on payment by the customer for the goods supplied, the work performed (its results), the services provided , individual stages of contract execution no more than fifteen days from the date the customer signs the acceptance document.

A state or municipal customer is obliged to provide part of its needs through contracts with small enterprises or non-profit organizations, doing this in the following ways similar to the image:

Conducting procurement (tenders, auctions, quotations) specifically for specified persons. In this case, the initial price of the contract should not exceed 20 million rubles, the amount of security for the participant’s application should not exceed 2% of the initial purchase price. The documentation must contain the condition that only SMP and SONCO are allowed to participate. After the supplier/performer/contractor has fulfilled its obligations, payment must be transferred to him no later than 30 days.
By indicating in the procurement documentation the winner’s obligation to involve co-executors from among small businesses in the execution of the contract (a specific percentage of the contract price, but not less than 5%).

If the procurement is carried out among SMP/SONCO, the procurement participant declares his affiliation with these entities as part of the application. The form of such a declaration has not been approved and is drawn up arbitrarily. If the organization is already included in the list, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits are not provided for everyone by law.

It is important to remember that for providing false information, the contract with the winner may be terminated at the discretion of the customer.

Administrative liability for non-compliance with legislation on placing an order with SMP determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:

Violation of deadlines for posting information in the unified procurement information system during a competition or auction for less than two days, relies fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
in case of violation of the specified period for more than two days the fine is 30 and 100 thousand rubles;
Violation of the deadline for posting information when requesting quotes or proposals from small businesses no more than a day - 3 and 10 thousand. for individuals and legal entities;
similar violation with delay more than a day - 15 and 50 thousand.;
violation of the requirements and procedure for posting information for procurement from small businesses entails fine of 15 and 50 thousand.

Detailed standards are presented in the section. Penalties are also imposed for other administrative violations - unlawful refusal, failure to comply with protocol and reporting requirements. Special mention should be made of fine for failure to comply with the established volume of purchases for small businesses - it is 50 thousand rubles.

Order free consultation upon getting started

And we will help you take advantage of all the available benefits for SMP!

Where to start searching for suitable tenders for small businesses under Federal Law No. 44

You can search on your own necessary information, buy a program for monitoring procurement and hire tender specialists with suitable experience or submit an application to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most affordable prices with a guarantee of a positive result.

Result in numbers:

1 month

is the maximum period for concluding the first successful contracts

We will promptly check your organization for compliance with all criteria, order an extract and report the result. After this, we will agree with you and prepare the constituent documents and declarations required for further work with tenders and financing.

When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which the advance is approved and short time calculations, and we will also provide access to the Multifunctional Account, which will provide you with all the necessary information.

Payment terms for contracts concluded on a general basis According to Part 13.1 of Article 34, the customer must pay for goods or services received under a government contract no later than 30 days from the date of provision of documents confirming that the supplier has fulfilled its obligations. Such documents include the acceptance certificate, delivery notes, invoices, and so on. The law provides for the possibility of derogating from this rule. This is only permissible for situations established by the Russian Government. For example, a different payment period is established for purchases to ensure the country’s defense capability. Payment terms for SMP If the notice states that only small businesses can participate in the procurement, then Part 8 of Article 30 of 44-FZ applies.

Changes to Federal Law 44: fifteen working days to pay for contracts with SMP/Sonko

The criteria for classifying procurement participants as small/medium-sized businesses are defined in Article 4 of the Law “On Development...” dated July 27, 2007 No. 209-FZ, according to which these can be individual entrepreneurs, companies and partnerships, farms and cooperatives that meet 2 mandatory criteria: Subscribe to our channel in Yandex.Zen! Subscribe to the channel

the average number of employees in the organization does not exceed 250 people;
annual revenue does not exceed 2 billion rubles. (clause 1 of the Decree of the Government of the Russian Federation “On Limits...” dated 04/04/2016 No. 265).

At the same time, for LLCs and PJSCs, Part 1.1 of Article 4 of Federal Law No. 209 defines an additional criterion for recognizing them as small or medium-sized businesses - compliance with any of the 6 requirements specified in subparagraphs “a”–“e” of this norm.

The deadline for payment of government procurement from small businesses will be 15 days

Attention

If the amount ranges from 200 to 400 million rubles, then the customer has the right to accept applications from both small and medium-sized businesses and large companies. On reducing the payment period to 15 days under government contracts for small businesses According to Part 13.1 of Article 34 of Federal Law No. 44, the government customer must pay the contractor within 30 days from the date of acceptance of the completed (in whole or a specific batch) goods (completed stage of work, etc.).

d.). However, if the contractor is a representative of a small or medium-sized business, then payment for the supplied products, by virtue of Part 8 of Article 30 of Federal Law No. 44, must be made within 15 days.

Terms for payment of contracts by customers have been tightened

Info

According to new edition Part 8 of Article 30 of Law No. 44-FZ, in the case of execution of contracts concluded with small business entities and socially oriented non-profit organizations, payment must be made by the customer no later than 15 working days from the date of signing the relevant acceptance document. In the previous version of this norm, the payment deadline was 30 days.

For what purposes was it necessary to limit the payment period for contracts? Changes to the Law on the Contract System are designed to increase payment discipline among customers and eliminate the possibility of abuse on their part related to payment for contracts. In turn, this will allow suppliers (contractors, performers) to minimize costs when participating in procurement to meet state and municipal needs and make such participation more attractive.

At the same time, 10% of the total quota of orders should be distributed only among small enterprises, the remaining 8 can be transferred to other contractors, but must be completed by subcontractors - small and medium-sized businesses. When calculating the total volume of orders, it does not include those that, due to their specific nature, cannot be fulfilled by small and medium-sized enterprises (in the field of defense, nuclear energy, rail and air transportation, etc.
d.). A complete list of such orders is specified in paragraph 7 of the stated provision. Paragraphs 18 and 19 of the same provision define cost limits for placing orders with small enterprises. So, if the cost of the order does not exceed 200 million rubles, then only small and medium-sized enterprises should participate in the competition for its implementation.

Payment to small businesses 15 days

Hello! We are considering the first parts of applications for the provision of services in the field of information technologies— renewal of licenses for anti-virus software. The first part of the applications asked to indicate the country of origin of the goods.

In one of the applications in the first part, a file in Word format is attached with the following content:

To whom - not our organization Address - not ours Registered: Having studied the notice of an electronic auction dated (not the date of our notification) No. (number of not our notification), posted on the website of the electronic site (other electronic platform), and auction documentation, we express our consent to the supply of goods, performance of work, provision of services that meet the requirements of the electronic auction documentation.

Additionally, we inform you that the non-exclusive rights to anti-virus software (hereinafter referred to as the software) offered for delivery fully comply with the requirements of the auction documentation. Country of origin of the software: Russian Federation. What to do in such a situation? Reject? It seems that they indicated their consent in the first part (when they filled out the application on the site), and this is enough when holding an auction for the provision of services, but the attached document does not correspond to our purchase.

In addition, we asked to indicate the country of origin of the antivirus software. 2. Another application states: Software developed by LLC » » g.

Moscow, Russian Federation There are no words “country of origin of the goods”. Are there reasons to reject? And another question - all applications indicate different forms “Russia, Russian Federation, Russian Federation”.

Is this legal? There were no requirements to indicate the country in accordance with the classifier in the documentation.
Provides for payment by the customer of part of the amount even before the supplier begins to fulfill its obligations. The advance amount is chosen by the customer. However, government decree number 1551 establishes some restrictions. For example, when executing construction work or overhaul the amount of the prepayment cannot exceed 30% of the total cost of the contract. Final payment is made after delivery.

Step by step.
Applies to contracts that provide for a specific schedule for the delivery of goods or services. Payment is made after the supplier fulfills each part of its obligations specified in the document.

For example, the percentage of shares (share in the authorized capital of LLC) owned by large companies should not exceed 49%, and the share of state or municipal authorities and institutions should not be more than 25%. Participation of small businesses in procurement It should be noted that in addition to government customers acting in accordance with the requirements of Federal Law No. 44, there are a number of entities that are obliged, by virtue of Article 4 of the Law “On Procurement...” dated July 18, 2011 No. 223-FZ, to publish procurement plans and carry them out through public tenders and auctions, including with the mandatory participation of small and medium-sized businesses.

These entities include state corporations, enterprises that are natural monopolies, organizations providing public utilities, etc. (the full list is contained in Part 2 of Article 1 of Federal Law No. 223).

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May 4, 2017 05/04/2017 From May 1, government customers have an obligation to pay for contracts within a period not exceeding 30 days. According to the new law, 30 days for payment of a contract should be counted from the date the customer signs the acceptance document. At the same time, the government may set a different payment period in order to ensure the defense capability and security of the state.

Important

For contracts concluded with small businesses and socially oriented non-profit organizations, the payment period should now not exceed 15 working days from the date the customer signs the acceptance document. Let us recall that before the described changes were made, Law No. 44-FZ did not contain a rule that would establish a deadline for payment for all contracts.

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