The annual volume of purchases from small businesses for 223 FZ. Graduation of enterprises and limits established in each of the groups

The minimum share of goods or services that a customer purchases from such suppliers during the year is 18% (). This percentage is calculated based on the total value of contracts concluded based on the results of the auction.

The share of transactions concluded as a result of procedures only for SMEs is at least 15% of the indicated starting point. A similar volume is included in the List of tenders that are not taken into account in the calculations, indicated in clause 7 of the Regulation on the specifics of PP No. 1352.

It is also worth noting customers who are obliged to purchase innovative and high-tech products, including from suppliers from the NSR. The annual volume of such acquisitions is equal to the total value of similar transactions in the previous year + 5%. The same amount should be taken into account at the procurement planning stage.

The very same annual volume of purchases from small and medium-sized businesses includes contracts that were concluded based on the results of purchases:

  1. For NSR only.
  2. For all participants, including the NSR.
  3. For suppliers who must engage SMP as a subcontractor for the execution of the contract.

Finally, in order to correctly draw up a report on the volume of contracts concluded with the SMP, the customer can check the supplier's category in the corresponding unified register on the FTS website:

The list of goods at the SMP

In the event of disputes over certain provisions of the contract, the participant can send the customer a protocol of disagreements through the ETP. After considering such a protocol, the buyer can either send the changed draft contract to the supplier, or provide a reasoned refusal to make changes.

The contract is concluded on the basis of:

  1. Notices (invitations).
  2. Documentation.
  3. Participant applications.
  4. Draft contract.

The corporate procurement market is a tasty morsel contract system, which for a long time was inaccessible for small and medium-sized businesses. Special government customers chose more serious suppliers for their tenders, and 223-ФЗ did not restrict them much in this. However, in May 2013, the Government of the Russian Federation issued a decree No. 867-r, designed to expand the access of small and medium-sized enterprises (SMEs) to purchases by monopolies and companies with state participation.


The action plan provides for the removal of barriers to the participation of small and medium-sized businesses in tenders under 223-FZ and an increase in the share of purchases from SMEs... The norms affected only certain government customers listed in Government Decree No. 1352... Also, the decree regulates the annual volume of purchases from SMEs, the specifics of their implementation and reporting requirements.


In accordance with Federal Law 209-FZ "On the development of small and medium-sized businesses in Russian Federation"SMEs are legal entities and individual entrepreneurs related to micro, small and medium-sized enterprises according to the following criteria:


1. For legal entities:

  • The share of state, municipal participation, as well as participation of religious, charitable organizations and foreign capital in the authorized capital does not exceed 25%.
  • The share owned by one or several legal entities that are not SMEs does not exceed 25%. The requirement does not apply to companies engaged in programming, development of databases and other technological products, the exclusive rights to which belong to their founders - budgetary and autonomous scientific institutions.

2. For everyone:

  • The average number of employees for the previous calendar year is: up to 15 people for micro-enterprises; 15-100 people for small businesses; 101-250 for medium-sized enterprises.
  • Revenue without VAT or the book value of assets for the previous calendar year does not exceed: 60 million rubles for micro-enterprises; 400 million for small businesses; 1000 million for medium-sized enterprises.

A document confirming the status of a small and medium-sized business entity is a declaration, the form of which is in the appendix to Resolution No. 1352. Since 2016, the Federal Tax Service has been keeping a register of SMEs, so an extract from it can also serve as confirmation of the status.

Which customers are required to make purchases from the SMP in 2018

From January 1, 2016, the obligation to conclude contracts with small and medium-sized businesses in accordance with 223-FZ is assigned to customers, referred to in the law as “separate”:

  • Companies with an annual revenue of more than 2 billion rubles for the previous calendar year. Moreover, it is the indicator of revenue from the sale of goods / works / services that is taken into account - that is, the company's own profit. And, for example, government subsidies are not counted in revenue - this is “other income”.
  • State-owned companies created on the basis of federal law (for example, Avtodor Group of Companies).

In addition to “individual” customers, the law provides for “specific” customers:

  • JSC " Oil company Rosneft,
  • PJSC "MOESK" and some others.

Features of procurement under 223-FZ from the SMP

If the initial price of the purchase contract is less than 50 million rubles, the customer is obliged to post it among small and medium-sized businesses. If it is more, it can attract any suppliers.


The law does not restrict customers in choosing the type of tenders: it is possible to purchase goods / works / services from medium-sized enterprises both on a competitive basis and in the form of a purchase from sole supplier... You can also choose the share of participation of the SMP in the tender:

  • Any suppliers, including SMEs, take part in the procurement.
  • Purchase only among SMEs.
  • Purchase with the obligatory condition of attracting small and medium-sized businesses as subcontractors.

In total, for “individual” customers, the volume of purchases from SMPs for the year should be 18% in value terms. The share of purchases among SMEs alone is 10%. At the same time, the annual volume of purchases of the customer is not included some specific types of goods, works and services that cannot be produced by SMEs.


For example, services educational organizations... “Specific” customers are obliged to purchase innovative and high-tech products from the SMP in the amount of 5% of the annual volume of purchases.


For failure to fulfill procurement obligations from SMEs, customers will face penalties. Part 8.1 of Article 3 of Federal Law 223-FZ, which entered into force in January 2017, provides for this punishment in the form of transferring the customer to purchases under 44-FZ within the next calendar year, starting from February 1.


If you are interested in purchases from the SMP, then the extended version of the search for tenders of Synapse Pro will help to distinguish them from the general mass thanks to the appropriate settings.

Report on the volume of purchases from SMP

  1. Every month, all government customers draw up a report on the number and total value of contracts concluded with SMEs - clause 4 of part 19 of article 4 of Federal Law 223-FZ.
  2. Every year, “individual” customers draw up a report on the purchase of goods, works, services from SMEs and publish it in the EIS - part 21 of article 4 of Federal Law 223-FZ. The form for the report on the volume of purchases from the SMP was approved by Resolution No. 1352.
  3. Every year, “specific” customers who are required to purchase innovative products from the SMP additionally form a report on its purchases and publish it in the EIS - Resolution No. 1442.

Test yourself by answering the questions:

1. The income of the state customer for the previous calendar year amounted to 2.5 billion rubles. Of these, 1 billion came in the form government subsidies and is reflected in the balance sheet as “other income”. Is the customer obliged to make purchases from SMEs in the current year, to what extent?

2. What awaits a customer making purchases under 223-FZ if he has not purchased enough products from small and medium-sized businesses during a calendar year?

By Decree No. 1352 dated December 11, 2014, a provision was approved on the specifics of the participation of small and medium-sized enterprises (SMEs) in the orders of individual legal entities, and a form for an annual report was developed. that work under 223-FZ.

When to take

It is important to clarify that customers within the framework of 223-FZ draw up 2 types of procurement reports held among SMEs:

  1. placed in the EIS no later than the 10th day of the month following the reporting one. Contains information on the number and total value of contracts among SMEs. The document is published by customers of any category operating in accordance with the law on separate legal entities.
  2. Annual, placed in the EIS no later than February 1 of the year following the previous calendar year.

You need to submit a report on SMEs for 2019 no later than 02/01/2019!

Quota requirement

Customers of these categories are obliged to make purchases from SMEs, including for orders in which any persons and small and medium-sized businesses are participants. Or there is a requirement to attract co-contractors from the number of SMEs in the amount of at least 18% of the total annual value of contracts.

It is important that among this volume, at least 15% should be spent on purchases only among SMEs (the new value was set from 01.01.2018).

To conduct tenders only among small and medium-sized enterprises, customers are required to approve the list. You can get acquainted with the goods, works, services, purchases of which are carried out by specific clients among SMEs, on the EIS website. If the NMTSK contract is not more than 200 million rubles. and specified goods included in the list, the customer is obliged to purchase them from these entities. The maximum NMCK for the order is 400 million rubles.

Instructions for filling out the report

Let's take a closer look at creating an annual report for selected categories customers, which consists of two sections.

Section 1. Customer contact information

Section 2. Information on procurement from SMEs

This section indicates the number and amount of purchases.

Separately, the legislator requires specifying specific orders, including for the defense of the state in the field of the use of atomic energy, financial services, energy resources, etc.

Positions 1-27 p. 1.

Lines 2-6 contain an indication of the number and amount of orders carried out for any person, including SMEs; only for small and medium-sized businesses; as well as for persons who engage these entities as subcontractors.

And in the last section, the customer indicates the annual volume of purchases from SMEs (share in the total volume).

From 01.01.2018 Resolution No. 608 of 20.05.2017 introduces new items in the report form. So, if earlier the customer indicated only the annual volume of purchases and the number of contracts from small and medium-sized enterprises in aggregate (SMEs), then starting from the new year it is necessary to indicate separately for the group of small enterprises (SME): clauses 6, 8, 10 of block I, and p. 13-14 of block II.

Oksana Balandina, editor-in-chief of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transitional period - it is allowed to carry out both electronic and paper procedures. As of 2019, paper tenders, auctions, quotes and requests for proposals will be banned, with eight exceptions.
Read what purchases to conduct on the ETP, how to choose a site and get an electronic signature, according to what rules to conclude contracts in the transition period and after.

How to make purchases from SMEs under 223-FZ

Customers who meet the requirements of the RF Government Decree No. 1352 dated December 11, 2014 are obliged to conclude part of the contracts with SMEs. If you do not fulfill the requirement, from February 1 of the year following the reporting year, you will have to be guided by Law No. 44-FZ. The rule is established in part 8.1 of article 3 of Law No. 223-FZ, which is in effect from January 1, 2017.

The customer is obliged to report on the results of purchases from SMEs. Which customers are required to comply with the requirements of Resolution No. 1352 and how to calculate the volume of purchases from SMEs, read the recommendations.

Who conducts purchases from SMEs

Customers who work in accordance with Law No. 223-FZ are required to conduct purchases from SMEs if they meet one of the conditions in the table.

Condition for the customer Date when to start purchasing from SMEs
Annual revenue for the previous calendar year - RUB 10 billion. From July 1, 2015
The annual revenue for the previous calendar year is more than RUB 2 billion. From January 1, 2016
The customer is a credit institution whose assets in the previous calendar year were more than RUB 2 billion.
Customer - state company, which was created on the basis of federal law
Customer - joint-stock company"Federal Corporation for the Development of Small and Medium Enterprises", which operates under Law No. 223-FZ
Customer - subsidiary, more than 50 percent authorized capital which owns a state-owned company From July 1, 2017
Customer - a subsidiary in which more than 50 percent of the authorized capital belongs to a subsidiary of a state-owned company
The customer is a business community, in the authorized capital of which the share of the region or municipality exceeds 50 percent, or the aggregate share of the state and the region exceeds 50 percent and the share of the region is greater than the share of the state. the customer's annual revenue must exceed RUB 500 million, and the customer must not be an SME
Customer - a subsidiary of the above-mentioned economic company, in which more than 50 percent of the authorized capital belongs to this company
Customer - a subsidiary in which more than 50 percent of the authorized capital belongs to the above "subsidiary"
The customer was registered in the Unified State Register of Legal Entities after the Regulation approved by Resolution No. 1352 came into force From January 1, following the year in which the customer was registered in the Unified State Register of Legal Entities

This is stated in clauses 2 and 3 of the Regulation, which was approved by the Government of the Russian Federation by Resolution No. 1352.

In addition, customers from the List of the Government of the Russian Federation must purchase innovative and high-tech products, including from SMEs. The list of customers was approved by order of March 21, 2016 No. 475-r.

To what extent to carry out purchases from SMEs

From January 1, 2018 - 15 percent (Decree of the Government of the Russian Federation of August 19, 2016 No. 819).

This is stated in paragraph 5 of the Regulation, which the Government of the Russian Federation approved by Resolution No. 1352.

Attention: business companies carry out purchases from SMEs in the amount of at least 9 percent of the total value of contracts concluded in the period from July 1 to December 31, 2017. And procurement contracts, which are carried out only for SMEs, are concluded by such companies in the amount of at least 5 percent of the total value of contracts concluded in the same period (clause 2.3 of Resolution No. 1352).

Let's say a customer plans to conclude or concludes an agreement with an SME entity for a period of more than a calendar year. At the same time, the purchase was or will be carried out only among SMEs or among any participants, including SMEs. Then, in the annual volume of purchases from SMEs, the customer takes into account the total annual cost volumes of purchases, which are calculated for the corresponding calendar year. Information is taken from the procurement plan.

In the aggregate annual value of the contracts, the customer does not take into account all purchases. What purchases do not take into account - see the help.

What products to buy from SMEs

The customer must approve the list of goods, works, services, innovative and high-tech products, the purchases of which will be carried out only among SMEs. At the same time, the customer has the right to purchase the products included in the list from any legal entity, and not only from SMEs.

In the list of products that you purchase only from SMEs, indicate the names of goods, works, services and the OKPD2 code. Detail the OKPD2 code to sections, classes and subclasses, groups and subgroups, types of products, as well as categories and subcategories of products. Place the list in the EIS and on the customer's website on the Internet. This is stated in paragraph 9 of the Regulation approved by Resolution No. 1352.

If you are purchasing only for SMEs, goods that are not included in the list cannot be purchased from small and medium-sized businesses. This is stated in clause 8 of the Regulation approved by Resolution No. 1352, letter of the Ministry of Economic Development of Russia dated August 28, 2015 No. D28i-2498.

Situation: state-financed organization conducts purchases in accordance with Law No. 223-FZ. Does the customer have to approve and place in the EIS a list of products that he purchases from SMEs

Must if the customer's annual revenue for the previous calendar year exceeds RUB 2 billion. (Clauses 2, 8 of the Regulation approved by Resolution No. 1352).

What are the ways to attract SMEs to procurement

Purchases from SMEs are carried out through tenders and other procedures. At the same time, customers use three ways to attract small and medium-sized businesses.

1. The customer conducts purchases among all participants without restrictions on SMEs. The customer conducts a purchase, in which he has the right to participate in any legal or individuals, including SMEs. At the same time, several legal entities that act on the side of one procurement participant, or several individuals and individual entrepreneurs, who act on the side of one procurement participant, have the right to become participants. The organizational and legal form, form of ownership, location and place of origin of the participant's capital do not matter. The main thing is that the participant meets the requirements that the customer has established in the Procurement Regulations. If an SME wins in the procurement, the customer will take into account the contract in the annual volume of purchases from small and medium-sized businesses.

2. The customer conducts a purchase, in which only SMEs are entitled to participate. Thus, the customer restricts access to procurement for participants who do not have the status of an SME entity. The contract that the parties conclude as a result of the purchase, the customer will include in the annual volume of purchases from small and medium-sized businesses.

3. The customer conducts a purchase, the participants of which are required to attract SMEs. The winner of the procurement will attract SMEs as subcontractors or co-contractors under the contract in the amount that the parties indicate in the contract. In the annual volume of purchases from small and medium-sized businesses, the customer will take into account the contracts that contractors have concluded with SMEs.

This is stated in clauses 4, 6 of the Regulation from Resolution No. 1352.

Should we take into account in the annual volume of purchases from small and medium-sized businesses the contracts that the customer has concluded with the SME as a sole supplier? Consider purchasing from a single vendor when calculating 18 percent of the total annual contract value. When calculating 10 percent, consider only purchases from a single supplier, information about which was published in the EIS. This conclusion follows from the letter of the Ministry of Economic Development of Russia dated July 9, 2015 No. D28i-2073.

What requirements to establish for participants

Requirements for participants depend on which of the three procurement methods the customer has chosen.

The customer conducts purchases among all participants without restriction of SMEs.

In the documentation, you have the right to establish that the participant, as part of the application, must provide a declaration or information from unified register small and medium-sized businesses. Let's say a participant from a small or medium-sized business won the purchase. Then check if the winner meets the criteria for an SME. To do this, check the declaration or information from the unified register of SMEs provided by the participant. The unified register of SMEs is maintained by the Federal Tax Service of Russia.

You have the right to check whether the winner is indeed an SME entity, even if you have not established a requirement to provide a declaration or information from a unified register. This is stated in paragraph 14 of the Regulation from Resolution No. 1352.

The reasons why the customer has the right to reject the application if he purchases among all participants without restrictions, write down in the Procurement Regulations.

The customer conducts a procurement, in which only SMEs are entitled to participate, or obliges the winner to engage SMEs as subcontractors.

Establish in the documentation that, together with the application, the participant must provide:

  • a document with information from the unified register of small and medium-sized businesses;
  • a declaration that the participant meets the criteria for an SME entity.

The declaration is provided only if there is no information about the procurement participant in the register of SMEs. The participant fills out a declaration in the form that is established by the annex to the Regulation approved by Resolution No. 1352. It is impossible to require other documents from the participants (clauses 11, 13 of the Regulation from Resolution No. 1352).

The customer has the right to reject the bid of the participant when he conducts procurement for SMEs or with the involvement of subcontractors from SMEs, for two reasons.

Reason 1. There is no information about the participant, subcontractor or co-executor in the unified register of small and medium-sized businesses. At the same time, neither the participant, nor the subcontractors and co-executors provided a declaration.

Reason 2. The participant has submitted a declaration that he, the subcontractor or co-contractor meets the criteria for an SME entity. However, the information from the declaration does not meet the criteria for an SME entity.

If the information about the SME entity in the declaration does not correspond to the information in the unified register of SME entities, then the customer uses the information from the register (clause 14.2 of the Regulation from Resolution No. 1352).

How to purchase

In the plan for the procurement of goods, works, services, the plan for the procurement of innovative products, high-tech products, medicines, include a section on procurement from SMEs. In the plans include products from the list of goods, works, services that you purchase from SMEs (parts 3.1, 3.2, 3.3, article 4 of Law No. 223-FZ).

When making a purchase only among SMEs or on the condition that the winner will attract small and medium-sized businesses to the contract, consider the features that are described below.

Procurement involving only SMEs

The customer is obliged to conduct a purchase only among SMEs if he purchases products from the list approved in the Procurement Regulations and the initial (maximum) price of the contract or lot is less than 200 million rubles. If the NMC of the contract or lot is in the range from 200 to 400 million rubles, the customer has the right to choose: to purchase products only among SMEs or to carry out a procedure in which any legal or natural person is entitled to participate.

Notice and documentation. In the notice and documentation, indicate that only SMEs are eligible to participate in the procurement.

Securing the application. The customer has the right to establish a requirement that participants must provide applications. The amount of security must not exceed 2 percent of the initial (maximum) price of the contract. The participant has the right to choose the method by which he will deposit the security:

Let's say the participants contributed money to secure the application. Then the customer must return the security. All participants in the purchase, except for the winner, return the money within seven working days after they signed the protocol on the results of the purchase. Return the collateral to the winner no later than seven days from the date on which the contract was concluded or the decision was not made.

Security of the contract. The customer has the right to establish a requirement that the winner is obliged to secure the contract. The amount of security is no more than 5 percent of the initial (maximum) price of the contract. If you have provided for an advance payment in the contract, set the security in the amount of the advance payment.

The winner has the right to choose the way in which he will deposit the security for the contract:

Money (transferred to the account specified in the documentation);

Bank guarantee (provided as part of the application);

Another way that the customer will indicate in the documentation.

Conclusion of a contract. The parties enter into an agreement within 20 working days from the date when the customer decided to conclude the deal. An exception is when the client's governing body must approve the contract.

Suppose the actions or omissions of the customer during the procurement are appealed to the antimonopoly authority or the court. Then the customer concludes the contract within 20 working days from the date when the decision of the antimonopoly authority or the court act came into force.

Execution of obligations. Set the term in the contract in which to pay the counterparty. The customer pays the counterparty's invoice within 30 calendar days from the day when the counterparty fulfilled its obligations under the contract or its separate stage. Earlier you can pay, later you cannot.

Cancellation of purchase. Let's say the customer has chosen a winner, but the parties have not yet concluded a contract. Then the customer has the right to cancel the decision on determining the supplier, which he made based on the results of the purchase, and to carry out the procedure not for SMEs.

Re-purchase. The customer has the right to conduct a purchase and not comply with the rules of the Regulation from Resolution No. 1352, if the deadline for accepting applications has expired and one of the following cases has occurred:

  • SMEs did not submit applications;
  • all participants - SMEs withdrew applications;
  • all participants - SMEs do not meet the requirements that the customer provided for in the procurement documentation;
  • the only application of the SME entity does not meet the requirements that the customer provided for in the procurement documentation;
  • the customer decided not to conclude a contract based on the results of the purchase.

This is stated in section II of the Regulation, which was approved by the Government of the Russian Federation in Resolution No. 1352.

Procurement where SMEs engage as subcontractors or co-contractors

Notice and documentation. In the notice and documentation of the procurement, establish the requirement that the participant must engage subcontractors or co-executors - SMEs.

Participant application. The procurement participants in the application submit a plan, according to which they will attract subcontractors or co-executors - SMEs. The plan includes information about the subcontractor or co-contractor, as well as information about the contract that the participant will conclude with the SME entity.

Information about the subcontractor or co-contractor contains:

  • for a legal entity: name, company name (if any), location, postal address, contact phone number, address Email;
  • for individual entrepreneur: Full name, passport data, place of residence, postal address, contact phone number, e-mail address.

Information about the contract that the participant will conclude with a subcontractor or co-contractor contains:

  • subject of the contract;
  • the amount of products that the subcontractor or co-contractor will supply under the contract;
  • place, terms and conditions of delivery;
  • contract price.

The participant shall attach to the application a declaration or information from the unified register of SMEs for each subcontractor or co-contractor.

Contract. The customer includes two mandatory conditions in the contract:

  1. the counterparty attracts subcontractors, co-executors - SMEs;
  2. the counterparty is responsible if it does not involve subcontractors, co-executors - SMEs.

The counterparty has the right to replace the subcontractor, co-contractor with whom it concludes or has concluded an agreement. Replacement is agreed with the customer. In this case, the price of the contract between the counterparty and the subcontractor, the co-contractor is retained. Let's say the previous subcontractor or co-contractor partially fulfilled the contract. Then the price of the contract with the new subcontractor is reduced by the amount that the counterparty paid on account of the fulfilled obligations.

This is stated in section III of the Regulation, which was approved by the Government of the Russian Federation in Resolution No. 1352.

Who has the right to appeal against the actions of the customer

To appeal in court the actions or inaction of the customer against SMEs are entitled to:

  • corporation for the development of small and medium-sized enterprises;
  • executive authorities of the constituent entities of the Russian Federation;
  • organizations that have created executive authorities of the constituent entities of the Russian Federation.

This is stated in part 9 of article 3 of Law No. 223-FZ.

In addition, the above persons, as well as procurement participants, have the right to complain about the customer to FAS Russia. The reason is that the customer did not post in the EIS information on the annual volume of purchases from SMEs or published inaccurate information (clause 4 of part 10 of article 3 of Law No. 223-FZ).

Partnership program

The customer has the right to approve the partnership program. This is a document where the customer describes the activities that will help to form the register of SMEs. The customer places the program on his website.

The register includes SMEs with which the customer or his counterparties have already signed contracts. An unlimited number of SMEs participate in the partnership program. The main thing is that the participants meet two requirements.

Requirement 1. The SME entity has fulfilled the contracts that it has entered into with the customer. At the same time, the customer did not expose a forfeit for non-performance or improper performance of obligations under the contract. The number of executed transactions is determined by the customer.

Requirement 2. The participant went through a procedure, as a result of which the customer determines whether the SME entity meets the requirements for suppliers, performers, contractors. The customer himself determines what kind of procedure it is, and prescribes the rules in the Procurement Regulations. When describing procedures, do not limit the number of SMEs participating in the partnership program.

A customer who purchases only among SMEs and enters into an agreement with a participant in the partnership program has the right to establish an advance payment of 30 percent or more of the contract amount.

This is stated in paragraphs 15-17 of the Regulation from the Resolution No. 1352.

Individual customers may approve a program that meets the requirements. These include customers who have been identified by the Government of the Russian Federation or for whom SME corporation and regional authorities undertake assessment and monitoring. These customer programs include:

  • the procedure and form for maintaining the register of SMEs - participants in the partnership program;
  • requirements for participants in the partnership program, as well as a list of documents that SMEs submit to prove that they meet the requirements;
  • the procedure in which the customer provides information support to SMEs;
  • activities that are aimed at helping SMEs - potential suppliers, as well as the procedure in which the customer forms a list of such activities.

This is indicated in clauses 15.1 and 15.2 of the Regulation from Resolution No. 1352.

Since January 1, 2017, customers are banks with assets of more than 2 billion rubles. are obliged to carry out purchases from small and medium-sized businesses and draw up an annual report on these purchases (Resolution of the Government of the Russian Federation of July 26, 2016 No. 719).

General provisions for procurement from the SMP

Part 8 of Article 4 of Law 223-FZ establishes the right of the Government of the Russian Federation to establish the specifics of the participation of small and medium-sized businesses (hereinafter referred to as SMEs) in the procurement carried out by individual customers, the annual procurement volume that these customers are required to carry out from such entities, the procedure for calculating the specified volume, as well as the form of the annual report on the procurement from the SMP and the requirements for the content of this report.

This right is exercised by the Decree of the Government of the Russian Federation of December 11, 2014 No. 1352 "On the specifics of the participation of small and medium-sized businesses in the procurement of goods, works, services of certain types of legal entities" (hereinafter - RF PP 1352). RF Resolution 1352 applies only to those customers whose revenue for the previous year exceeds 1 billion rubles. The rest of the customers are obliged to comply with the provisions of the Resolution:

  • from 1 July 2015- the largest customers, whose revenue for the last year amounted to more than 10 billion rubles;
  • from January 1, 2016- those whose revenue for the last year was from 1 billion rubles to 10 billion rubles... Already, such customers need to actively prepare in order to fulfill the procurement norms from the SMP;
  • those customers whose revenue was less than 1 billion rubles are not obliged to purchase anything from the SMP, but only send a monthly procurement report from the SMP. If there are no such purchases, a blank report must still be submitted.

The volume of purchases from the SMP

The annual volume of purchases from the SMP has been set in the amount of 18% of the total annual value of customer contracts, minus some exceptions (clause 7 of the RF PP 1352).

How to calculate the volume of purchases from the SMP

It is necessary to deduct from the number of all contracts concluded in accordance with 223-FZ for a year the contracts that are listed in clause 7 of the RF PP 1352 (see below). 18% from the received number and there is a standard for purchases from the SMP.

From the same total volume of contracts not less than 10% contracts should be concluded based on the results of purchases only among the SMEs.

At the same time, contracts concluded based on the results of purchases only among SMEs (10%), are included in 18% of contracts to be concluded with the NSR.

For customers subject to the RF Resolution 1352 from July 1, this standard in the current year is 9% contracts with the NSR in general and 5% contracts concluded as a result of procurement only among SMEs. This standard is calculated for purchases that will be posted from July 1 to December 31, 2015, based on contracts concluded by the customer for the same period.

The most a big problem for customers, it will arise in connection with the fulfillment of the ten percent standard for purchases only among SMEs, since the calculation is not based on the number of announced procedures, but on the amount of concluded contracts. If the announced purchase among the NSR did not take place, it will not be included in this report.

What contracts are not taken into account when calculating the standard

PP RF 1352 establishes a list of contracts that are not taken into account when calculating the total annual value of contracts concluded by the customer based on the results of the purchase. You should carefully study this list, as this can significantly reduce the annual volume of contracts, and, consequently, the volume of mandatory purchases from the SMP.

So, the calculation does not take into account:

  1. purchases to ensure the country's defense and state security;
  2. purchases in the field of atomic energy use;
  3. purchases from monopolists that belong to the sphere of activity of subjects of natural monopolies in accordance with the Federal Law "On Natural Monopolies";
  4. purchases that are carried out outside the territory of the Russian Federation and the subject of which is the supply of goods, performance (provision) of work (services) outside the territory of the Russian Federation;
  5. procurement of financial services, including banking, insurance, market services valuable papers, services under a lease agreement, as well as services provided financial institution and related to the attraction and (or) placement of funds from legal entities and individuals;
  6. purchases, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;
  7. purchases in respect of which a decision has been made by the Government of the Russian Federation in accordance with Part 16 of Article 4 Federal law(separate purchases or lists);
  8. procurement of services for water supply, sewerage, heat supply and gas supply (with the exception of services for the sale of liquefied gas), as well as for connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation;
  9. procurement of works (services), the performance (provision) of which can only be carried out by an executive authority in accordance with its powers or subordinate to it government agency and a state unitary enterprise, the respective powers of which are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, as well as legislative acts of the corresponding constituent entity of the Russian Federation;
  10. procurement of services for the implementation of copyright control over the development project documentation for a capital construction object, conducting field supervision of construction, reconstruction and overhaul a capital construction object by the authors, as well as on technical and architectural supervision over the performance of works to preserve the cultural heritage object (historical and cultural monuments) of the peoples of the Russian Federation by the authors of the projects;
  11. purchases, the subject of which is the lease and (or) the acquisition of real estate objects in the ownership;
  12. energy purchases;
  13. procurement of services for the extraction, storage, shipment (transshipment) and processing of energy resources;
  14. procurement of rolling stock and materials for the upper structure of the railway track;
  15. procurement of the results of intellectual activity from a supplier (performer, contractor) having the exclusive right to the result of intellectual activity or to a means of individualization, certified by a document of title;
  16. procurement of services in the field of air transportation and aviation works;
  17. procurement of large-diameter pipes used in the construction of oil trunk pipelines and oil product pipelines;
  18. purchases of goods that are a source of radioactive and chemical hazards and are used for exploration, production, transportation and processing of crude oil and natural gas;
  19. purchases of goods originating from a foreign state and (or) work (services) performed (provided) by foreigners for scheduled repairs, Maintenance and (or) modernization of imported equipment under warranty or license obligations;
  20. purchases of goods originating from a foreign state and (or) works (services) performed (provided) by foreign persons in order to implement shelf projects (provided that it is impossible to purchase such goods, works, services from small and medium-sized businesses).

Purchasing options from SMP

Purchases from the NSR can be carried out in any way and in any form. In order to comply with the standard, the RF PP 1352 provides for 3 mechanisms.

At first, 18% can include contracts concluded with the SMP, which won the procurement among all suppliers (for example, a regular purchase was announced, and the SMP won in it);

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

Thirdly, due to the fulfillment of the standard, there are contracts concluded by participants (performers, contractors) with co-performers from among the SME. 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 the number of SMEs. Such contracts also fall into the total number of contracts concluded with the NSR ( 18% ).

Since it is easier for many large companies to pay a fine than to fulfill the procurement standard from the SMP, a rather strict measure was introduced in 223-FZ: if the customer does not fulfill the procurement standard from the SMP (or places inaccurate information on the annual volume of purchases from the SMP or does not post information at all), then his procurement provision will be recognized unplaced and from February 1 to the end of the year, he will have to carry out purchases in accordance with 44-FZ(from 01.01.2016: part 8.1. article 3 of Law 223-FZ).

Who is the SMP

In accordance with Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the Development of Small and Medium-Sized Businesses in the Russian Federation", SMEs include those entered in the Unified State Register of Legal Entities consumer cooperatives and commercial organizations(with the exception of state unitary enterprises and municipal unitary enterprises), as well as individuals included in the USRIP and carrying out entrepreneurial activity without the formation of a legal entity, peasant (farm) farms corresponding to the following conditions:

for legal entities- the total share of participation of the Russian Federation, constituent entities of the Russian Federation, Moscow region, public and religious organizations (associations), charitable and other foundations in the authorized (joint) capital (share fund) of these legal entities should not exceed 25% , and the total share of participation of foreign legal entities, the total share of participation belonging to one or more legal entities that are not SMEs, should not exceed 49% percent each.
(For exceptions, see Article 4 of Law 209-FZ).

for all:

  • the average number of employees for the previous calendar year should not exceed the following limit values ​​for the average number of employees for each category of small and medium-sized businesses:
  1. from 101 to 250 people inclusive for medium-sized enterprises;
  2. up to 100 people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to 15 people.
  • Proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium-sized businesses :

    • Decree of the Government of the Russian Federation N 101 of 02/09/13 "On the limit values ​​of proceeds from the sale of goods (works, services) for each category of small and medium-sized businesses" (RF PP 101)

    Establish limit values ​​for proceeds from the sale of goods (works, services) for the previous calendar year excluding value added tax for the following categories of small and medium-sized businesses:

    micro-enterprises - 60 million rubles;

    small businesses - 400 million rubles;

    medium-sized enterprises - 1,000 million rubles.

    Changes are anticipated. In order to mitigate negative impact crisis phenomena on the economy, it is proposed to increase the marginal values ​​of the proceeds of small and medium-sized businesses from the sale of goods (works, services) to the following sizes:

    micro-enterprises - 120 million rubles;

    small businesses - 800 million rubles;

    medium-sized enterprises - 2 billion rubles.

    The draft resolution provides that its effect applies to legal relations that arose from January 1, 2015 1.


    1 These changes were introduced by the Decree of the Government of the Russian Federation of July 13, 2015 No. 702 “On the limit values ​​of proceeds from the sale of goods (works, services) for each category of small and medium-sized businesses.

    Confirmation of the status of the NSR

    There is no unified register of the NSR. There are regional registers, but they contain information only about those entities that receive any support from the state. However, there is an instruction from the President of the Russian Federation to create a unified register by October 1, 2015.

    The resolution presupposes that procurement participants declare their attribution to the NSR. In fact, the customer must simply "trust" the procurement participant who declared himself as an SMP. The form of the declaration of belonging to the NSR is included in the procurement regulation.

    The declaration form to the customers should be approved in the procurement regulations. As a confirmation of the attribution of the participant to the NSR, the customers are not entitled to demand anything other than such a declaration.

    When purchases are carried out only among the NSR, their participants are required to include in the application a declaration of their belonging to the NSR. If the procurement is carried out for any suppliers, the customer has the right to establish a requirement to include a declaration in the application in order to include information about such procurement in the report if this participant becomes its winner.

    Partnership program

    Ordinance 1352 provides for the customer's right to approve the partnership program. This is not an obligation, but the right of the customer, but already now many large companies approved such programs (for example, Rosseti, Russian Railways). A partnership program is a document that describes a set of measures to support procurement participants from the SMEs. On the basis of the partnership program, the customer's own SME register is formed. The number of program participants is not limited. However, the customer is not entitled to make purchases only among the participants of such a register.

    PP 1352 contains 2 requirements for program participants. In accordance with them, participants can become SMP:

    1. who have performed two or more contracts with this customer without fines and penalties;
    2. passed the procedure for determining compliance with the requirements for suppliers.

    The requirements for participants and the procedure for determining eligibility for them are established in the partnership program itself.

    Why do suppliers need it

    For the customer, such a program makes it possible to attract a larger number of participants from the SMEs to procurement and thereby meet the standard. The customer decides for himself what to include in the partnership program, what support measures to provide.

    RF PP 1352 gives a hint only in terms of advance payments. In particular, it is said that the customer can provide an advance payment of 30% for the participants in the partnership program participating in procurement only among the SMEs. For example, you can declare a purchase for all participants (or only for SMP), and in the documentation, when determining the payment procedure, indicate that if a participant in the partnership program becomes the winner of the purchase, the customer will pay him an advance of 30% (or more).

    It is not necessary to publish the program and requirements for suppliers in the ENI. They are published on the customer's website. You can also use the letter of the Ministry of Economic Development of Russia No. 23941_EE dated 1.11.2013 / D23 and “About guidelines on the implementation of partnership programs between customers and small and medium-sized businesses ”, prepared as part of the roadmap for the development of the NSR. It contains the recommended requirements for participants in partnership programs:

    • the presence of registration in the prescribed manner of the legal entity or individual entrepreneur, the failure to liquidate the SME and the absence of a decision of the arbitration court on declaring the SME bankrupt and on the opening of bankruptcy proceedings;
    • non-suspension of the activities of the Northern Sea Route in the manner established by the Code of Administrative Offenses on the date of the conclusion of the accession agreement;
    • the SME has no arrears of obligatory payments, the amount of which exceeds 25%;
    • lack of a leader, members of the collegial executive body or the chief accountant of the SMP conviction for crimes in the field of economics, as well as the non-application of punishment in relation to the indicated FLs in the form of deprivation of the right to occupy certain positions or engage in certain activities related to the activities of this SMP, and administrative punishment in the form of disqualification;
    • lack of information about the NSR in the RNP;
    • whether the SME has experience in executing contracts under 223-FZ or 44-FZ, or experience in the production and supply of goods, performance of work, provision of services included in the register of innovative goods, works and services, or the SMP has the status of a participant in the Skolkovo project.

      • Also, the customer has the right to establish other reasonable requirements for program participants. It is possible, for example, to establish a requirement for the absence of unfulfilled and duly obligations and overdue debts to the customer. But in this case, it will be necessary to have documentary evidence of non-performance or improper performance obligations.

      All requirements must be objective and reasonable and must not lead to an unreasonable limitation of the number of participants in the partnership program.

    Partnership program structure

    The document itself is drawn up in free form.

    It is advisable to reflect in the structure of the partnership program:

    Goals and objectives of the program

    Requirements for SMP to participate in the program

    Rights and obligations of the parties

    The procedure for joining and terminating participation: it makes sense to establish some initial period of participation (for example, 1 year or 3 years), the grounds for terminating participation in the program and excluding the participant from the customer's SME register SMP of false information)

    Dispute resolution procedure

    Accession application form

    Experience Inquiry Form

    Draft agreement of accession

    SMP register

    The customer maintains the register of SMEs - program participants on his website (clause 15 of PP 1352). The order of inclusion of the supplier in the register of SMP is also determined by the customer. The number of participants in the partnership program should not be limited.

    The customer can approve the standard form of the connection agreement, the application form and the list of documents confirming the supplier's compliance with the requirements.

    How to incentivize suppliers to join the partnership program

    To enter, the supplier must confirm compliance qualification requirements(need to define requirements) and provide proof fair execution at least two contracts with the customer.

    Participation in the program must be voluntary and free of charge.

    The partnership program must provide for real measures to support the participants in the SME registry, otherwise the suppliers will not be motivated to join the program. A significant effect can be brought about by the use of financial instruments to support the SME (lack of application security, a simplified procedure for obtaining it, etc.).

    In general, there is not much excitement among suppliers about participating in partnership programs; they most often do not see the point in this, since customers fail to provide for really serious preferences.

    Exclusion from the NSR register

    It is advisable for the customer to determine the procedure and cases of excluding the supplier from the SMP register:

    First, set the duration of the status of the partnership program participant (for example, 1 year) and indicate that if the participant does not pass the annual compliance check, then he is automatically excluded from the SME register.

    Secondly, to provide for the obligation of the customer to exclude the supplier from the NSR register if false information is found in the application for inclusion in the NSR register or if the supplier has ceased to belong to the NSR in accordance with the legislation of the Russian Federation.

    Purchases only among SMEs

    These are the purchases that lead to the fulfillment of the 10% standard - purchases only among SMEs.

    List of goods, works, services for purchase from the NSR

    The customer is obliged to approve the list of goods, works and services, the purchase of which he will carry out only from the NSR. The list is formed by the customer independently and published by him in the EIS and on the customer's website. Compiled according to OKDP codes, as in planning.

    If the code is included in the list, then when purchasing products corresponding to it:

    • if the NMC of the contract< 50 млн руб., заказчик обязан провести закупку у СМП

      For example if the list includes the code 3699110 "Stationery" and you need to make a purchase in the amount of more than 50 million rubles, then the customer must carry it out only among the SMP

    • if 50 million rubles.< НМЦ договора < 200 млн руб., заказчик вправе провести закупку у СМП, но может провести на общих основаниях. Если закупка товаров из перечня у СМП не состоялась, договор не заключен, то заказчик вправе провести закупку в соответствии со своим положением о закупке (например, у единственного поставщика).

    You can make exceptions from the list. If the customer has entered the OKDP code into the list, which combines several items, but is not ready to purchase all of them from the SMP, then he can make a footnote in the list indicating specific items that are excluded from the list.

    RF PP 1352 does not prohibit making changes to such a list. It is better to prescribe the procedure for changing the list in the procurement regulation. In general, it is recommended that all customers falling under the Decree revise their procurement regulations, highlight the specifics of procurement from the SMP: at least approve the form of the declaration of belonging to the SMP and reflect the nuances of procurement from the SMP.

    Securing the application

    Clause 23 of the RF PP 1352 states that the security applications carried out at the supplier's choice:

    • or in cash
    • either using bank guarantee
    • or in a different way

    In this situation, it is the supplier who chooses the provision method. The site has already implemented a mechanism that allows the supplier to choose the method of provision on their own.

    Under in a different way Situations are understood where the supplier prefers to secure the application, for example, by providing an independent guarantee, a surety agreement, etc.

    When purchasing according to the list of purchases from the NMC, the amount of collateral should not exceed 2% of the NMC.

    For participants in the partnership program, the obligation to post the application security can be excluded.

    The application security (funds) is returned:

    • Within 7 working days from the date of signing the final protocol to all participants, except for the winner;
    • Within 7 working days from the date of the conclusion of the contract (if the contract is not concluded, from the date of the decision that the contract is not concluded) - the participant whose application is assigned the first number.

    There is a difficulty here: the RF PP 1352 requires the funds to be unblocked immediately, and the provisions of most customers stipulate that the funds must also be blocked until the day of signing the contract with the participant who took second place in case the winner avoids concluding the contract. You should be guided by the procedure established by the Resolution.

    Enforcement of the contract

    Here the situation is the same as with securing the application. The supplier himself chooses the method of securing the contract (clause 26 of the PP RF 1352):

    • or in cash
    • either using bank guarantee
    • or in a different way provided by the procurement documentation

    The amount of security is set in the amount of an advance payment or not more than 5% of the NMC, if the advance payment is not provided. Partnership program participants can also be exempted from the obligation to pay the security for the contract.

    Term for the conclusion of the contract

    Based on the results of such purchases, the term for concluding a contract should not exceed 20 working days from the date the customer decides to conclude a contract.

    There are exceptions when, in accordance with the legislation of the Russian Federation, in order to conclude a contract, it must be approved by the customer's management body, as well as cases when the actions (inaction) of the customer during the procurement are appealed to the FAS or in court.

    In such cases, the contract must be concluded within 20 working days from the date of entry into force of the decision of the antimonopoly authority or a judicial act providing for the conclusion of the contract.

    There is no minimum term for concluding a contract.

    Payment under the contract

    The maximum payment term under the contract (a separate stage of the contract), concluded based on the results of the purchase only among the SMEs, should be no more than 30 calendar days from the date of fulfillment of obligations under the contract / separate stage of the contract. The stages of the contract are defined in the contract itself: they must be clearly marked.

    Involvement of SMEs as co-contractors (subcontractors)

    Another tool for fulfilling the procurement standard from SMEs (18%) is the involvement of co-executors by the contractors. Customers have the right to establish in the procurement notice, procurement documentation and the draft contract a requirement for procurement participants to involve subcontractors (co-executors) from the SME in the execution of the contract.

    Participants in such a procurement shall submit as part of an application for participation:

    1. a plan for attracting subcontractors (co-executors) from the number of SMEs, in which specific co-executors (names) are indicated;
    2. declaration of belonging to the SMP for each subcontractor (co-contractor).

    The draft contract with such a procurement participant must include required condition on the liability of the participant for failure to comply with the condition of attracting subcontractors (co-executors) from the number of SMEs. By agreement with the customer, the procurement participant can replace the subcontractor while maintaining the cost of the contract between the customer and the supplier.

    Reporting

    Monthly reporting

    In accordance with part 19 of article 4 of the Procurement Law, all customers under 223-FZ no later than the 10th day of the month following the reporting month are placed in a single information system information on the number and total value of contracts concluded by the customer based on the results of procurement from small and medium-sized businesses. Those customers who do not fall under the Resolution also publish such a report (including an empty one if there were no such purchases).

    Annual reporting

    Along with monthly reporting, customers falling under the RFP 1352, no later than February 1 of the year following the last calendar year, publish in the EIS information on the annual volume of purchases that customers are required to carry out from small and medium-sized businesses.

    nn. b p. 34 PP RF 1352:... an annual report on the purchase of goods, works, services from small and medium-sized businesses in accordance with the requirements for the content of the annual report ... and place the said report in accordance with part 21 of Article 4 223-FZ in the EIS. Also set the form annual reporting... By annual report it will be seen whether the standard for purchases from the SMP is fulfilled or not.

    Compliance with the standard

    The implementation of the standard is facilitated, first of all, by an increase in the share of e-procurement, especially since new amendments to 223-FZ are coming, in accordance with which the Government will have the right to establish the minimum volume of procurement, which certain types legal entities will have to conduct in electronic form.

    On electronic platforms competition is greater and the opportunity for SMEs to participate in such purchases is much higher if the ETP does not impose unnecessary requirements (separate electronic signature, paid accreditation and participation in procurement, etc.). The site site is the most convenient for organizing, including such purchases.

    A list of goods, works, services for procurement from the SME should be formed and a partnership program should be approved.

    It makes sense to conduct information and training events for the NSR.

    Use the financial service for issuing bank guarantees to procurement participants - OTC-finance. Often, procurement participants, primarily SMEs, do not have sufficient free funds to secure bids for participation in procurement and ensure the execution of the contract. OTC-finance allows participants to receive a bank guarantee to secure an application for participation in procurement and to ensure the execution of an agreement under 223-FZ and 44-FZ.

    For the customer, the service is convenient because the customer is personal account can see if a bank guarantee has been issued or not. Since there is no register of bank guarantees under 223-FZ, procurement participants often encounter fraudsters and receive a fake bank guarantee. The service excludes the possibility of fraud, all documents are certified with an electronic signature.

    Answers on questions

    If the regulation approves the list of goods for purchase only from the SMP, then we will no longer be able to purchase this product from other suppliers?

    Answer: If the cost of such a purchase does not exceed 50 million rubles, then at first it is carried out only among the NSR. If it does not take place, then it is carried out in accordance with the regulations. What to do if it becomes necessary to purchase goods, included and not included in the list, within one purchase?

    Answer: In this situation, one should either establish a requirement for the participation of only the NSR, or conduct two separate purchases: one only for the NSR, the second for any participants. MUPs start purchasing from SMEs in 2015 or in 2016?

    Answer: Depending on the revenue. If the revenue for the previous year is more than 1 billion rubles, then from 2016, if more than 10 billion rubles, then from July 1, 2015. If less than 1 billion rubles, then there is no such obligation at all. Is it possible to divide purchases into purchases among small businesses and purchases among medium-sized businesses?

    Answer: RF PP 1352 contains the concept of “small and medium-sized businesses”, therefore, procurement only among small businesses or only among medium-sized businesses will be regarded as a violation of the Resolution. How to reflect purchases from the SMP in the procurement plan?

    Answer: In accordance with the current version of the RF PP 932, purchases from the SMP are displayed in the procurement plan as ordinary purchases, however, according to the changes in 223-FZ, the Government will be able to approve a section of the plan, which will separately take into account purchases from the SMP and purchases of innovative and high-tech products from the SMP ... Is it possible to carry out a purchase only among SMEs without an approved list?

    Answer: In accordance with the RF PP 1352, in order to carry out purchases only among SMEs, the customer must approve and place a list of goods for such purchases. Is it possible to make purchases among SMEs if the volume of income is less than 1 billion rubles?

    Answer: Carrying out purchases "only among SMEs" by customers who do not fall under the RF Resolution 1352 can be regarded as a violation of 135-FZ for unjustified restriction of competition.

     

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