Formation of a regulatory framework for organizing the procurement process under 223-FZ

It is very important to introduce customers to the regulatory framework for procurement under 223-FZ and the experience of the procurement process using the example of Bank of Moscow OJSC, to highlight the difficulties, problem areas and stages. The main task is to find the optimal and successful solution to all issues, identifying the “pros” and “cons” of this model. Working with this process is successful, but it can also be called creative. Changes are constantly being made to 223-FZ, and new solutions are being used.

If a company is just embarking on the path of 223-FZ, then it needs to register on such platforms as State Services, State Procurement, as well as on accredited trading platforms. Without this, it is impossible to start your activities under 223-FZ. This is where all the regulatory documents that are required to be published by law are posted. All trading activities are carried out only there and nowhere else.

With sites, the process is quite simple, because they have been providing advice to users for a long time, explaining in detail and popularly all the intricacies of the system.

The registration process itself is not complicated. As you know, you always need to allow extra time for the preparatory stage. This is necessary in order to approve regulations and prepare documents on trading platform standards.

After accreditation, the company’s procurement regulations must immediately be posted on the trading platform. This document is subject to mandatory publication in the public domain.

This is the fundamental (conditionally external) document of each organization, in pursuance of 223-FZ, regulating procurement activities and containing:

• terms, definitions, general provisions;
• requirements for information support for procurement (including the list and timing of posting information in the Unified Information System (UIS));
• requirements for participants in procurement procedures and the documentation they provide;
• procurement requirements, methods and forms of procurement procedures (including a description of the procedure and conditions for applying procurement methods - carried out through a competition, auction, request for quotations, request for proposals, procurement from a single supplier and other methods (before approval of changes to 223-FZ limiting diversity ways);
• the procedure for concluding and executing contracts, as well as other provisions related to procurement;
• the law determines who approves it (“Bank of Moscow” - Board of Directors).

It is also important to post a purchasing plan. Until the company posts these documents, it is not considered to be operating under 223-FZ. Everything that is included in these documents is always reviewed by regulatory authorities. The procurement plan and procurement regulations need to be given special attention. Experts advise taking the procurement regulations of some large company that is similar in specifics. It will be complete and comprehensive - it can be safely taken as a basis, because the company’s experience here can hardly be overestimated: all stages of procedures, conditions for access of participants and many other points are spelled out there.

Regulations on the Tender Commission (Purchasing Commission). Composition of the Tender Commission.

This is a document that defines the goals, objectives, functions, powers, duties and responsibilities of commission members, the order of organization and conduct.

• The law does not define who approves it (“Bank of Moscow” - Bank Board)

The procedure for interaction between departments when carrying out procurement activities.

This is a document that defines the entire internal procurement process from the initiation of requirements to reporting on the execution of contracts.

• The law does not define who approves it (“Bank of Moscow” - by Order of the President of the bank)

There are also documents that will help you competently formulate the procurement process:

• Rules for forming the initial (maximum) price. This document is useful from the point of view of the methodology for forming the contract price. It will be useful to performers.
• Regulations on planning and organizing control over the execution of the budget and the Procurement Plan.
• Methodology for evaluating and comparing applications. It is used at a certain stage when there is an assessment of the results.
• Regulations on the conclusion of business contracts. Regulates the process of preparing standard company contracts. Determines the specifics of forming contracts.
• Standard for calculating procurement efficiency. Indicator of short-term and long-term procurement prospects.

The more procurement is regulated, the easier it will be for all company employees to work.

Internal systems and tools for optimizing procurement activities

• Development of standard document forms with instructions for filling them out. This will help to provide the most standard forms of documents and the most standard procurement items. Standard forms were taken from the Word version, certain fields were password protected, the process of working with performers and the process of checking departments were regulated. This minimizes the likelihood of errors and simplifies the process of preparing documents for employees.
• Maximum detail and regulation of the procurement process.
• Implementation of special platforms for procurement/refinement of existing ones (SAS, 1C, Cognitive, LanDocs, SDO-Purchases, etc., etc.).
• Automation of approval routes, consistency, version control, recording of conclusions and possible risks.
• Corporate portal/network share.

Not all companies can afford systems automation. You can always simplify procurement processes, as well as improve the existing database. Bank of Moscow did not purchase programs; the work began with traditional paper document flow, which then became electronic in the LanDocs system. It is important to avoid paper work as much as possible by optimizing the process, because the procurement cycle is large-scale, and regulatory authorities can carry out checks during which the provision of electronic documents will be most effective.

Efficiency of implementation of special electronic systems:

• A complete database of information on procurement, including for the generation of statistical data for a long-term analysis of factors affecting the efficiency of procurement, depending on their specifics, timing of the contract, seasonality, evaluation criteria and other parameters.
• Full cycle control for a more in-depth analysis of procurement activities. Determining maximum efficiency not only at the time of procurement, obtaining the optimal offer on the market, but also during the execution of the contract, incl. meeting deadlines, possibly taking into account fines/penalties and other guarantee obligations affecting the overall efficiency of procurement activities, as well as the quality of fulfillment of obligations and decision-making to optimize costs at a different level.
• Minimizing labor costs for mechanical activities of departments responsible for purchasing, freeing up resources for strategic tasks to maximize procurement optimization.
• The ability to generate reports on concluded contracts and their execution, monthly, and SMPS reports, which also minimizes labor costs and the likelihood of technical errors when generating reports manually.
• Possibility of concluding contracts in electronic form through the EETP, to optimize the collection and placement of information in the register of contracts, as well as for execution.

Participants, their powers and responsibilities in the overall procurement process.

Features of procurement in the regional network.

In any organization, when conducting procurement procedures, 3 main groups are distinguished. These are independent units that create the need for goods/works/services in order to support the organization’s activities.

Initiating/executing units. These are those who have a purchasing need and those who have a budget, that is, budget holders. They formulate the need for goods, works, and services in order to support the organization’s activities and are responsible for procurement in areas within the competence of such units within the approved budget, and provide support for purchase contracts. Most often, these units send technical specifications to others. The entire process of procurement documentation lies with the persons who are responsible for compliance with 223-FZ.

Coordinating units. This is any financial service. Coordinate the documentation of the procurement procedure within their competence.

Authorized bodies/persons. A collegial body (including the Tender Commission/official (head of an independent structural unit), the Purchaser, who is given the authority to make decisions on procurement procedures within its competence in accordance with regulations and administrative documents.

To summarize, these are 3 main subjects: the first initiates purchases and plans them, the second coordinates them, the third is responsible for the decisions made.

Supplier Relations Department

He is engaged in procurement under 223-FZ and combines economic and legal functions. He has been with the Bank of Moscow since 2013 and initially worked as one specialist. The process of creating such a department is always difficult, because many organizations think that nothing significant should happen in terms of documents, that it is only important to comply with 223-FZ. But it is important to know the specifics of the work and constantly expand the staff for effective work. It is important to share specifics within the department, as well as to have special purchasing managers (category managers) on staff. In addition to the general requirements of 223-FZ and economic knowledge, they have the specifics of the subject itself. They can make recommendations and negotiate with other structures. There is also an important position of a procurement support specialist. These are the people who know in detail all the nuances of trading platforms, publish information and reports, understand the Unified Information System, deal with the procurement plan and perform other functions.

Activities of the supplier relations department:

• checks the correctness of filling out the Procurement Plan/amending the Procurement Plan, consolidates it, submits it for approval by the Technical Committee and places it in the Unified Information System;
• monitors, manages and controls the procurement process, including coordination of forms and methods of procurement and procurement documentation in accordance with the requirements of the legislation of the Russian Federation and regulatory administrative documents;
• checks the documentation of the procurement procedure/QP for correctness of completion in accordance with the approved standard forms, including agreeing on the methodology and evaluation of applications, requirements for applicants/participants in the procurement procedure/QP;
• carries out the opening of envelopes with applications for participation, the correctness of the assessment and comparison of applications and summing up the results; makes decisions and approves documents in accordance with the delegated powers of the Labor Committee;
• provides information support for procurement activities in accordance with the Procurement Regulations and the legislation of the Russian Federation. Participates in negotiations with suppliers;
• consolidates and places in the Unified Information System/provides reporting on contracts concluded as a result of procurement procedures and reporting on procurement activities to the Federal State Statistics Service, the Federal Agency for State Property Management;
• generates internal reporting for management on the effectiveness of procurement activities;
• forms a conclusion when submitting questions to collegial bodies on approval of purchases from a single supplier;
• forms and initiates approval of the regulatory and methodological framework governing procurement procedures;
• is responsible for timely updating of information on the corporate portal.

Participants, their powers and responsibilities in the overall procurement process. Features of procurement in the regional network

Purchasing approval in each organization takes place differently: it all depends on how the company writes down its processes on paper. Federal Law 223 does not provide strict restrictions on how to organize procurement within a company. But there must be regulations on this activity - this is important, first of all, for the company’s employees and the efficiency of their work.

For example, at the Bank of Moscow there were threshold values ​​at which contracts should be drawn up. Payments on invoices without drawing up an agreement are allowed up to the specified amount. This can be a threshold of up to 100,000 rubles or 500,000 rubles.

There is also the practice of delegation to branches. For example, this is the establishment of different threshold amounts at which branches can make purchases on their own.

Procurement activities. Stages.

Planning and initiation of procurement procedures. This includes the formation of a budget and a procurement plan. As you know, since 2016 it is impossible to make a purchase without publishing a structured procurement plan for the year ahead. Each purchase is attached to a plan line. Long-term planning of procurement procedures in the Bank is carried out by forming a Procurement Plan, the planning period of which is a calendar year or another period established by the legislation of the Russian Federation, in cases of purchasing innovative products. During the period of validity of the Procurement Plan, due to production needs, in cases provided for by the legislation of the Russian Federation, changes may be made to the Procurement Plan.

In accordance with Decree of the Government of the Russian Federation No. 932, there are moments when changes do not need to be made. This is the case when the amount changes by only 10% of the previously declared amount if the form of purchase and other issues change. The procurement plan is published before December 31 and is valid for the entire next calendar year.

Procurement planning is carried out in accordance with the budget, but the procurement plan is not the budget. The Plan includes purchases that are long-term in nature. The amount in the Plan may be more than planned for the year. But the procurement plan is based on the budget.

The Plan does not include unpublished purchases (up to 500/100 thousand rubles). At the same time, inspection and control is carried out for artificial crushing (in order to avoid 223-FZ), and proposals are also given for combining purchases to obtain the most optimal offers. It is not allowed to initiate and conduct a procurement without including it in the Procurement Plan.

If the Plan includes purchases for different periods, for example, the purchase of monitors in the 1st quarter and the purchase of monitors in the 4th quarter, then it should be possible to combine these purchases to make a larger one. Such a purchase can be multi-lot if there is such a specificity. Many customers know that the larger the volume of goods purchased, the more significant a discount can be received from the supplier.

• scheduled adjustments on an ongoing basis (monthly/quarterly)
• urgent/unforeseen adjustments (delegated authority)

At the stage of agreement/signing of the contract based on the results of the procurement procedure, in the event of absence/insufficient funds in the budget, the signing procedure is suspended until the source of financing is determined.

Formation, coordination and approval of procurement documentation; placing procurement in the Unified Information System, preparing responses to requests from Applicants (if necessary), making changes to procurement documentation (if necessary). At this stage, it is possible to cancel the procurement procedure.

The process of approving procurement documentation at the Bank of Moscow is carried out using the SDO Media system. It allows you to automatically build a route, starting from initiation (the contractor sends his request to the desired procurement department). The contractor creates an application and sends it to the administrative department. This division generates procurement documentation. There are systems that allow you to do this in exactly the same way as on trading platforms and in the Unified Information System using a template. That is, these are fields that are filled out and published. This documentation is approved by the manager and goes along an automatic route to the relevant departments for approval. It is important to use the ideas of IT specialists to refine company processes if it is not possible to buy expensive software.

A document generated in this system, after approval by the manager, is transferred to the financial service and accounting department. If there are comments on the document, it goes back to the executor. The contractor, in turn, finalizes the document and comes back to these two departments along the same route: the financial service should see the final version of the document. The document then goes to the legal department. There is a practice when the legal department looks at the document at the very beginning, but this is optional.

After the tender commission has taken place, the document may or may not be approved. If revision is required, the document is again sent to the contractor, and then to the secretary of the tender commission.

Next, a protocol is placed and redirected to the supplier relations department. The department carries out publication. Depending on the procurement method, information about the nuances is filled in before summing up the procurement results. After publishing the purchase on the website, the contractor begins to control the purchase in the Unified Information System. After the envelopes are opened, you can clearly see a calendar with reminders about the stages of the process and the work of the supplier relations department begins in the area of ​​initiating summing up. But the summing up itself remains up to the performer. The next stage is verification of the counterparty by the security service. Depending on the purchase amount, the document is sent either to the head of the BSC or to the tender commission if the purchase amount is over 5 million rubles. The secretary of the tender commission prepares a package of documents and puts it on the agenda of the meeting.

If the results are approved and no additional operations are required, then an approval protocol is generated and it is sent to the supplier relations department for placement. This is the final stage of procurement - summing up the results on the website. Next, the process of agreeing on the contract and generating reports begins.

This process may include other steps, but here is a basic list of steps.

Additionally, we can say about procurements that are not published on the EIS website and are not included in the procurement plan. These are purchases up to 100/500 thousand rubles. A simplified approval scheme is provided for them. No procurement documentation is generated in such cases. Coordination takes place only at the initial stage (executor-profile service-accounting-financial service-legal department). But here it is important to avoid fragmentation of purchases. The audit phase by the finance department is carried out carefully, so that purchases that can be combined are identified.

Control units check for the presence of artificial “fragmentation”. If a deliberately special breakdown of purchases into small ones is discovered, even with different contractors, if the amount exceeds 500 (100) thousand rubles, the next purchase is carried out in accordance with the requirements of regulatory documents applicable to purchases over 500 (100) thousand rubles.

The initiation of purchases included in the Procurement Plan is carried out 30 calendar days before the start of the month in which the purchase is planned, and/or 60 calendar days before the expiration date of the contract for a similar item.

In order not to slow down the procurement process, which has many nuances, the Bank of Moscow has developed a protocol of disagreements that can be drawn up at any stage of approval. These disagreements may arise between the executing and coordinating departments. This protocol is submitted for consideration by a commission or other body. It is the higher authorities who make decisions on the chosen option and either accept the risks or do not accept them. During audits, the disagreement protocol shows exactly how the decision-making process took place.

The structure of the Regulations of the tender commission in the Bank of Moscow was created on the basis of the powers of the members of this commission. In order to optimize the work of the Tender Commission and reduce the timing of procurement, the authority to approve purchases up to 5 million rubles. delegated to department heads.

On certain issues, it is possible for higher authorities to make decisions (Board/President). These possibilities need to be provided for, as there are different situations. Often decisions made by the bank's Board helped defend the position in the FAS.

Execution and conclusion of contracts. Based on the results of the procedure, the completed draft agreement is agreed upon with DBU, PED, and YD (see slide 15). It is possible to change the terms of the contract before signing for improvement. This stage must be included to avoid problems during the conclusion of the contract. It is allowed to make changes during the execution of the contract in terms of: Volume/Price/Terms. If the counterparty agrees to this, then changes are allowed. The agreement should not differ from the final protocol. For example, you can specify the possibility of changing prices for purchases from a single supplier by no more than 15%. Changes are agreed upon and approved by the authorized bodies/persons who previously made the decision to conclude the contract.

Opening of envelopes (except for purchases from a single supplier), rebidding and post-qualification (if necessary), requests to Participants (if necessary). Procurement participants may also be present at this stage. Rebidding is necessary to obtain the most optimal offers from participants' applications.

Summing up and assessing the effectiveness of the purchase (except for purchases from a single supplier) and approval of the winner of the purchase (except for purchases from a single supplier).

Coordination and conclusion of contracts based on the results of procurement procedures and amendments to such contracts.

Formation, provision and placement of reports on the results of procurement activities. In accordance with the requirements of 223-FZ and other regulatory legal acts of the Russian Federation, the customer generates reports on procurement activities. It also needs to be placed in the Unified Information System. What is reporting?

1. Information for the register of concluded contracts. The unit that concluded the contract sends/enters into a specific system:

• information about the concluded agreement for placement in the Unified Information System (posting within three days from the date of conclusion of the agreement),
• information about changes in terms of volume, price and terms (posting within 10 days from the date of making these changes),
• information on the results of execution of contracts concluded as a result of procurement, including payment for the contract (posted within 10 days from the date of execution of the contract),
• information about termination of the contract concluded as a result of the procurement.

The process of reporting execution and publication must be strictly followed to avoid fines from regulatory authorities. There is a table of fines (slide No. 20). You need to know it and try to optimize the procurement process in order to avoid financial costs.

Monitoring the execution of contracts + posting reports on contracts.

The presented model for organizing procurement activities under 223-FZ for 3.5 years allowed:

• carry out 2000 published purchases,
• increase the efficiency of procurement, incl. by obtaining the maximum reduction from the initial (maximum) prices as a result of competitive procedures,
• automate document flow routes without additional costs for expensive systems,
• exclude fines and orders from regulatory authorities in the field of procurement: 10 complaints were filed against the actions of Bank of Moscow OJSC, 0 were found to be justified. There were no additional instructions from regulatory authorities. It follows from this that the Bank of Moscow model can be considered working and effective.

Also, each company can create its own corporate resource for exchanging current information and purchasing documentation.

Questions from participants

Is it possible to conduct joint tenders within the framework of 223-FZ? For example, 2 unitary enterprises are purchasing road repairs.

Yes, it's possible. Only the possibility and procedure for joint procurement should be specified in the Procurement Regulations of both one and the other organization.

Is there a limit on the number of purchases from a single supplier under 223-FZ?

There are no such restrictions, but companies must be guided by common sense, as well as other regulatory documents (135-FZ) and avoid restricting competition. Also, the conditions of procurement from a single supplier must be specified in the Procurement Regulations and regulatory documents.

New approved procurement plan. The institution is not required to support EMS. Should I fill out this section, leave it blank, or delete it?

There is no need to delete it: the form is approved by Government Decree. The section can be left blank by entering zeros.

When forming a procurement plan, notice and information, the wording of the procurement may change. How critical are such changes?

Such changes are critical, since the publication of a purchase is linked to the procurement plan. The subject of purchase is taken from there. It is better to avoid this, there must be uniformity.

How does the Bank of Moscow recalculate the cost of foreign currency purchases in the “Total volume” column? Is this done automatically or manually?

When there was no system and the procurement plan was formed in an Excel spreadsheet, when forming a plan for the year, the currency was translated at the rate approved by the Bank. For budget planning, rates are lowered “from above” to the approval date. The budget is formed in accordance with these indicators.

The term for concluding an agreement with the EP after the expiration of 10 days, as well as after the procurement procedures?

This is a controversial point, since there is no direct ban. For competitive procurement, it is better to meet this deadline as much as possible. But if you need to do it faster, then there is no problem.

If the regulation does not stipulate the justification for the initial (maximum) contract price and the justification for choosing a supplier when purchasing from a single supplier. Is it necessary to justify the choice of a particular supplier?

There is no need to publish the justification on the website. But you need to understand that this must be spelled out within the organization, that is, in the procurement regulations. When checking by regulatory authorities, such justifications must be provided.

If all purchases under 223-FZ are up to 100 thousand rubles from a single supplier. Is it necessary to create a tender commission?

It may not be necessary, but there should be authorized persons who are responsible for approving purchases. There should also be a zero procurement plan, which is posted on the website.

Contract for paid services. Consider it a purchase?

Yes, if it does not exceed the threshold of published purchases. Such a purchase simply needs to be included in monthly reporting.

Is it possible to make changes to the Procurement Regulations? If yes, then there are deadlines for placing purchases after making changes.

You can make changes, there are no restrictions, but there is an obligation to publish these changes in the manner prescribed by law (15 days from the date of approval).

According to 44-FZ, the draft agreement cannot be changed. Is it possible to make changes to the contract at the stage of signing it?

Changes can be made. But there should be no actions that can improve the situation of the winner.

What document authorizes specialists to make minor changes to the documentation?

At the Bank of Moscow, such powers are assigned to the tender commission.

Is the assessment methodology placed as part of the procurement documentation each time for the assessment procedure defined by 223-FZ?

Not every time. The evaluation methodology is an additional document and is used in competitions and requests for proposals (where there are other criteria other than price).

Who requests commercial proposals and forms the initial (maximum) contract price?

At the Bank of Moscow, this is done by performers. The purchasing process begins with a purchasing requirement. The executing department prepares documentation to justify the price. The prices and conditions of the current counterparty are used, and if the purchase is new, the request is sent throughout the market. After proposals are received, evaluation occurs. The price structure can be found on the website zakupki.gov. If the supplier is unique, then there is nothing to compare his offer with, but it is also checked for the adequacy of a similar cost in another company.

Purchase of medical examination for employees up to 100 thousand rubles. What are the restrictions on the method of purchasing from a single supplier? Do I need to prepare technical specifications?

Here the purchase is direct, there is no need to publish it. The terms of reference are needed if required by regulatory documents for the approval of the contract.

Who and how controls the execution of the contract, as well as the placement of information in the Unified Information System?

The execution of the contract is controlled by the initiator. He also carries out the procurement and conclusion of the contract. The buyer places information in the Unified Information System.

How is the division of responsibility organized between category managers and the publisher?

Category managers are responsible for the essence of the purchase and its content. Publishers - for the timing of publication, control of deadlines and opening procedures. The publishers do not delve into the essence of the purchase and do not conduct additional checks.

During the work, contracts of up to 100 thousand rubles were identified that were not included in the reporting.

Such situations should not happen, but reports can be adjusted. These adjustments are visible. It is better to place contracts than to hide them.

Does Bank of Moscow work with framework agreements for electricity supply?

All organizations are sometimes forced to agree to the terms of their counterparties. It is possible to conclude an agreement of disagreement from the point of view of making changes to the agreement itself. As a rule, the maximum price is not stated there, since the volume is added up in fact. According to the tariff, this is fixed in the procurement plan. If there are changes in tariffs, you can work with them without additional agreements.

A sample regulation on the procurement department under 223 Federal Law is a set of rules and regulations in accordance with which the customer purchases goods, work, and services under 223 Federal Law. The document standardizes the customer’s procurement activities and is mandatory.

Why do we need a procurement regulation under Federal Law 223?

Procurement activities within the framework are regulated not only by the procurement law for certain types of legal entities and by-laws, but also by such internal customer regulations as the procurement regulations. The Contract System Law strictly regulates the activities of the contracting authority, establishing rules regarding all public procurement and its results. Therefore, the procurement provision under 44 Federal Laws is not necessary - the law strictly controls customers, regulating every step of the procedure from planning to the moment of conclusion. But the legislation on procurement by certain types of legal entities is more flexible; many points are described quite freely. Therefore, the customer needs an internal standard that would normalize procurement activities based on the needs of the organization and at the same time not run counter to current laws. The regulation on Federal Law 223 for budgetary institutions for 2019, as amended, contains:

• rules for the preparation and implementation of electronic and paper procurement procedures;
• possible ways to determine the supplier;
• features of concluding and executing contracts based on the results of orders;
• the procedure for conducting contractual relations with single suppliers;
• other important aspects of bidding under 223 Federal Law.

In addition to the general standard, customers are recommended to develop a document about the procurement department, which will clearly define the powers of the employees who are responsible for conducting tenders under Federal Law 223. This document should accumulate the rights and obligations of employees of the procurement department and determine responsibility for violation of the law and non-compliance with the requirements of the basic regulation on procurement activities.

Procedure for approval and placement

The approval procedure directly depends on the organizational and legal form of the institution acting as the customer (Part 3 of Article 2 of the 223-FZ). The choice of the authority that coordinates the provisions of 223 Federal Law depends on the OPF:

• for state corporations or state-owned companies, approval of the highest management body is required (Federal Law No. 7 “On Non-Profit Organizations” dated January 12, 1996);
• in state and municipal unitary enterprises, the document is approved directly by the managers (Federal Law No. 161 “On State and Municipal Unitary Enterprises” dated November 14, 2002);
• for autonomous institutions, the supervisory board is the coordinating body (Federal Law No. 174 “On Autonomous Institutions” dated November 3, 2006);
• in joint stock companies, the document is approved by a decision of the board of directors, general meeting or other collegial executive body (Federal Law No. 208 “On Joint Stock Companies” dated December 26, 1995);
• in limited liability companies, the documentation is approved by the general meeting of participants, the board of directors or the collegial executive body (Federal Law No. 14 “On Limited Liability Companies” dated 02/08/1998);
• for documents of state and municipal budgetary institutions, the approval of the founder is required (Federal Law No. 7 “On Non-Profit Organizations” dated January 12, 1996);
• For public law companies, the supervisory board approves the standard (Federal Law No. 236 “On Public Law Companies” dated July 3, 2016).

After signing, the regulations on the procurement of goods, works, and services under Federal Law 223 must be placed in the Unified Information System within 15 days. Customer standards are located in the open part of the site, so they are available for review by all EIS users. The customer has the right to post the document on its official website.

Requirements for structure and content

The customer’s document must be drawn up in full compliance with the law on procurement by certain types of legal entities 223 Federal Law of 07/18/2011 and on the protection of competition 135 Federal Law of 07/26/2006. The standards of the Federal Antimonopoly Service - “Standard for the implementation of procurement activities of certain types of legal entities” are also taken into account. The key task of the customer is to develop rules that will completely regulate his activities in the field of ordering. The standard must comply with the main principles in relation to bidders:

• equality;
• justice;
• no discrimination;
• unjustified restriction of competition.

It is advisable to include sections in the provision:

• terminology;
• goals and principles of procurement;
• procedure for document approval;
• regulations for making changes;
• planned activities;
• making changes to the procurement plan;
• methods for determining performers;
• preparation for trading;
• development and approval of order documents;
• order of object description;
• evaluation criteria;
• requirements for suppliers;
• bidding rules;
• order control;
• possibility of appealing the results;
• terms of the contract;
• obligations and responsibilities of the parties;
• maintaining reports under 223 Federal Law;
• documentation storage procedure.

Application of model provisions

Subordinate institutions may use standard procurement regulations developed and approved by parent organizations. Responsible for the formation of standard registers are executive authorities at the federal, regional or municipal levels. They approve not only standard standards, but also a list of institutions that are obliged to apply them (Parts 2.1, 2.2 of Article 2 223-FZ). Some sections of standard standards are used without fail by all state and municipal customers (Part 2.3 of Article 2 223-FZ):

• the procedure for preparing and carrying out orders;
• choosing a method for determining a supplier depending on the object of bidding;
• deadlines for signing contracts after determining the winner based on the results of public procurement.

These sections should be given in the standards of state unitary enterprises and municipal unitary enterprises, budgetary and autonomous organizations. The registers must also specify the rules for purchasing from small and medium-sized businesses in accordance with the norms of the Russian Federation Regulation No. 1352 of December 11, 2014.

If the application of a standard standard is mandatory for the customer organization, then all adjustments made to the standard register by a higher authority will also be mandatory. All changes are made within 15 days after their approval (Part 2.7 of Article 2 223-FZ), after which they must be placed in the Unified Information System within the same period.

The same must be done if the standard procurement regulations under Federal Law 223 for 2019 change from July 2019. On July 31, Federal Law 70 of May 1, 2019 will come into force, which will change the rules for handling money that is donated, including donations (charitable donations) or received under a will. Such funds can be spent under Federal Law 223. The main thing is that the right to do this is spelled out in the procurement regulations. You can change it until 10/01/2019.

When to post in the EIS

A sample procurement regulation under 223 Federal Law from July 2019, drawn up taking into account standard changes, must be approved by the customer’s specialist and placed in the Unified Information System within 15 days after the amendments are made. There are also special deadlines for publishing procurement regulations. It must be posted within three months from the date:

• registration, if you have just created a customer (part 5 of article 8 223-FZ);
• receiving notification that the total share of state participation in the authorized capital has changed, if 223 Federal Law began to apply as a result of such transformations (Part 6, Article 8 of Law No. 223-FZ).

For a customer who violated deadlines, from 10,000 to 30,000 rubles. An official who violated the deadline for publishing changes to the procurement regulations will be fined from 5,000 to 10,000 rubles. (Part 4, 6, Article 7.32.3 of the Administrative Code).

Where to find standard clauses

All current typical and standard provisions of customers of various types, industries and legal forms can be studied in the Unified Information System in the public domain absolutely free of charge. To do this, the user goes to the official EIS website and selects the “Planning” section in the context menu. All standards of customer organizations will be presented there.

Typical position of the Russian Academy of Sciences

The RAS model standard was developed by the Ministry of Science and Higher Education (Order No. 949 of November 7, 2018) as an implementation measure to fulfill the requirements of Part 3 of Art. 4 505-FZ and instructions of the Government of the Russian Federation No. TG-P8-7573 dated November 1, 2018. It regulates the procurement activities of the customer organization, which in this case is the Russian Academy of Sciences.

1.1. These Regulations define the fundamentals of activity, goals and objectives, functions, rights and responsibilities of the procurement department.

1.2. The procurement department is an independent structural unit of the organization and reports directly to the head of the organization.

1.3. In its activities, the procurement department is guided by current legislation, regulations and methodological materials on logistics, local regulations, decisions of the organization’s management bodies and these Regulations.

1.4. The activities of the procurement department are carried out on the basis of current and long-term planning, a combination of unity of command in resolving issues of official activity and collegiality in their discussion, personal responsibility of employees for the proper performance of their official duties and individual instructions of the head of the department.

1.5. The head of the procurement department and other employees of the department are appointed to positions and dismissed from their positions by order of the head of the organization in accordance with the current legislation of the Russian Federation.

1.6. Qualification requirements, functional responsibilities, rights, and responsibilities of the head and other employees of the department are regulated by job descriptions approved by the head of the organization.

1.7. The department carries out its activities in cooperation with other services and structural divisions of the organization, as well as within its competence with third-party organizations.

2. Main tasks of the purchasing department

2.1. Supplying all departments of the organization with the necessary materials of the required quality within the specified time frame.

2.2. Organizational and methodological management, coordination and control of the activities of structural divisions of the organization on issues of material and technical supply and rational use of material resources.

2.3. Improving and introducing new methods of organizing work, including through the use of modern information technologies.

2.4. Participation, within one’s competence, in the preparation and execution of management decisions of the organization’s management.

2.5. Solving other problems in accordance with the goals of the organization.

3. Main functions of the purchasing department

3.1. Providing the organization with all the material resources of the required quality necessary for its activities.

3.2. Development of proposals for the rational use of material resources in order to reduce production costs and obtain maximum profits.

3.3. Development of draft long-term and current plans, balances of material and technical support for production, repair and maintenance needs of the organization and its divisions, creation of necessary production reserves based on determining the need for material resources (raw materials, materials, semi-finished products, equipment, components, fuel, energy and etc.) using progressive consumption rates.

3.4. Search for opportunities and sources to cover the organization’s material and technical needs using internal resources.

3.5. Preparation of contracts with suppliers, coordination of terms and conditions of deliveries, study of the possibility and feasibility of establishing direct long-term economic relations for the supply of material and technical resources.

3.6. Studying operational marketing information and advertising materials about the offers of small-scale wholesale stores and wholesale fairs in order to identify the possibility of acquiring material and technical resources through wholesale trade.

3.7. Ensuring the delivery of material resources in accordance with the terms stipulated in the contracts, monitoring their quantity, quality and completeness, organizing their storage in the organization’s warehouses.

3.8. Preparing claims against suppliers in case of violation of contractual obligations, monitoring the preparation of settlements for these claims, agreeing with suppliers on changes to the terms of concluded contracts.

3.9. Development of organizational standards for logistics, economically sound standards for production (warehouse) stocks of material resources.

3.10. Monitoring the status of stocks of materials and components, operational regulation of production inventories, compliance with limits on the supply of material resources and their expenditure in the organization’s departments for their intended purpose.

3.11. Development and participation in carrying out measures to improve the efficiency of use of material resources, reduce costs associated with their transportation and storage, use of secondary resources and production waste, improve the system of control over their consumption, use of local resources, identification and sale of excess raw materials, materials, equipment and other types of material resources.

3.12. Organization of warehouse operations, monitoring compliance with necessary storage conditions.

3.13. Mechanization and automation of transport and warehouse operations.

3.14. Accounting for the movement of material resources in the organization’s warehouses, participation in the inventory of material assets.

3.15. Drawing up established reports on the logistics of the organization’s activities.

3.16. Carrying out other functions within its competence in accordance with the goals and objectives established by these Regulations.

4. Rights of the purchasing department

The purchasing department has the right:

4.1. Receive documents and other information materials received by the organization on your profile of activity for familiarization, systematized recording and use in work.

4.2. Request and receive from the head of the organization and heads of structural divisions of the organization the information necessary to perform the functions and tasks assigned to him.

4.3. Carry out, within their competence, inspection and coordination of the activities of the organization’s structural divisions on issues of logistics and rational use of material resources.

4.4. Make proposals for improving the forms and methods of work of the department and the organization as a whole.

4.5. Participate in the selection and placement of personnel according to your profile.

4.6. Make proposals to the management of the organization for professional development, encouragement and imposition of penalties on employees of the department and other structural divisions of the organization in their field of activity.

4.7. Participate in meetings when considering issues of material and technical support for the organization’s activities.

5. Responsibility of the purchasing department

5.1. The head of the department bears full responsibility for the quality and timeliness of completing tasks assigned to the procurement department.

5.2. The head of the procurement department is personally responsible for:

Compliance with the current legislation of the Russian Federation;

Organization of the activities of the purchasing department;

Compliance by employees of the procurement department with production and labor discipline;

Timely and high-quality implementation of orders from the organization’s management;

Compliance with the requirements and provisions of the quality management system in force in the organization and the effectiveness of its functioning in the procurement department;

Untimely conduct of inspections, inventories and documentary audits in the structural divisions of the organization;

Other violations in the activities of the purchasing department.

5.3. The degree of responsibility of other employees of the procurement department is established by their job descriptions.

Customers who are currently working under 223-FZ are required to develop a special document regulating all procurement activities. In the article, we will consider the basic requirements for the content of this standard, the procedure for its adoption and approval, and also provide the very provisions on procurement under 223-FZ from July 2018, a sample of which was prepared taking into account the introduction of significant changes in the field of public procurement, which is why it is worth paying special attention attention to the new format and structure of the document.

Regulations under 223-FZ for budgetary institutions for 2019, as amended, must contain the following information:

• the procedure for preparing and conducting procedures, including electronic ones, the conditions for their application;
• methods of placing orders under 223-FZ;
• the procedure for concluding and executing contracts based on the results of competitive procedures and contracts with a single supplier;
• other issues related to ensuring procurement in accordance with the norms of 223-FZ.

It is worth noting that there is no provision for procurement, and the customer operates within the framework of the law on the contract system without the adoption of any additional acts.

It is advisable to adopt a standard for the procurement department, which will reflect the assignment of specific powers for the preparation, coordination and approval of documents necessary for the execution of the order, as well as fixing the deadlines for the performance of duties and responsibility for their violation for a certain list of employees who are part of the department and perform service in order areas according to 223-FZ.

How to approve and post

According to Part 3 of Art. 2 223-FZ, the customer approves the standard depending on the organizational and legal form by the following governing bodies:

• state corporation or company - the highest governing body (No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”);
• SUE, MUP - by the head (No. 161-FZ of November 14, 2002 “On state and municipal unitary enterprises”);
• autonomous institution - by the supervisory board (No. 174-FZ of November 3, 2006 “On Autonomous Institutions”);
• JSC - board of directors, general meeting, collegial executive body (No. 208-FZ of December 26, 1995 “On Joint-Stock Companies”);
• LLC - a general meeting of participants, a board of directors, a collegial executive body (No. 14-FZ of 02/08/1998 “On Limited Liability Companies”);
• state or municipal budgetary institution - founder (No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”);
• public law company - by the supervisory board (No. 236-FZ dated July 3, 2016 “On public law companies”).

The procurement standard and changes made to it are posted by the customer on the EIS website within 15 days from the date of signing the act. Everyone has every right to study these documents, which are in the Unified Information System in the public domain.

The customer needs to take into account the requirements not only of 223-FZ, but also of the “Standard for the implementation of procurement activities of certain types of legal entities”, approved by the FAS Russia.

The customer must comply with the principles of equality, fairness, non-discrimination and unreasonable restrictions on competition in relation to participants.

The standard procurement regulations under 223-FZ for 2018 from July 2018 may contain the following sections:

1. Terms and definitions.
2. Purposes and principles of procurement activities.
3. Approval of the standard and introduction of changes.
4. Formation and adjustment of the order plan.
5. Selecting the method and form of order.
6. Rules for preparation and conduct.
7. Principles of formation of requirements and evaluation criteria.
8. Requirements for the description of the object.
9. Requirements for the terms of the contract. Obligations related to the execution of the contract.
10. Preparation, coordination and approval of procurement documentation.
11. The order of the procedure.
12. Control and appeal.
13. Reporting on procurement activities.
14. Requirement for storing documents compiled during the order.

How to use model clauses

From January 1, 2018, the standards on the standard procurement regulations have changed. Now, according to part 2.3 of Art. 2 223-FZ, the standard procurement regulations under 223-FZ, taking into account the latest changes, must include the following information:

1. Regulations for the preparation and implementation of public procurement.
2. Methods for determining a supplier, as well as cases when they are used.
3. The term for concluding the contract based on the results of competitive bidding.

This information cannot be changed when budgetary and autonomous institutions and unitary enterprises develop and approve their own procurement regulations.

The standard procurement regulations should provide for the specifics of the participation of SMEs that are approved.

Standard regulations for budgetary institutions (autonomous and budgetary) and unitary enterprises are developed by executive authorities at different levels - federal, regional, municipal. Higher authorities also establish a list of customer organizations for which such standard standards will apply. Thus, if an institution is subject to standard standards developed at a higher level, then it must form its own regulatory register in strict accordance with the conditions established in the standard procurement regulations (Parts 2.1, 2.2 of Article 2 223-FZ).

Changes are made in the same way. If the legislator has made adjustments to the standard procurement regulations, the customer organization must amend its local act within 15 days (Part 2.7 of Article 2 223-FZ).

New or adjusted standard standards are published within 15 days from the date of their approval by regulatory authorities.

Where to get a standard position

At the end of the article, you can choose from a number of standards provided and find the necessary procurement provision under 223-FZ for 2019; You can also download a sample on the website of the Unified Information System - in the UIS, public procurement standards of local level customer organizations are available for review, which can be used to optimize and unify the document being developed. You will find these documents in the “Documents” tab in the sidebar. At the bottom of the page there is a section “List of standard procurement provisions”.

Download template of standard procurement regulations for 2019

Example of a standard procurement regulation for a municipal unitary enterprise

As an example, we provide the procurement regulations under 223-FZ for 2019 - a sample for municipal unitary enterprises.