Structural diagram of the division of responsibilities between employees involved in procurement activities. Regulations on the procurement department Internal systems and tools for optimizing procurement activities

Often, it is the conclusion of a certain process into a formalized structure that allows the most efficient regulation and management of this process. Supplying an enterprise with resources is one of the important areas production activities, and you can give it a strict form using the procurement regulations.

Why is the position needed?

Modern legislation only in some cases requires an entrepreneur to ensure that his supply activities are fully subject to the rules that are included in the procurement regulations (under 223-FZ and 44-FZ). Both laws regulate activities related in one way or another to spending on supplies. Money in which the state is interested.

Entrepreneurs who work for themselves do not have such an obligation. But, again, no one forbids an entrepreneur to take advantage of the developments that the state has set out in these federal laws and, in the same image and likeness, create and approve his own document on the procedure for procurement activities.

The benefits of having a procurement clause are:

• more opportunities to control the work of suppliers;
• functional distribution of responsibilities;
• suppression of opportunities for the implementation of corruption schemes (in private business, the system of kickbacks is far from uncommon).

The main disadvantages of working by position:

• costs for a specialist who could competently draw up the document;
• difficulties when situations arise that are not regulated by the procurement document;
• a general decrease in the enterprise’s ability to quickly respond to situations that are advantageous in terms of resource provision.

It is obvious that both the pros and cons of formalizing the supply process can significantly affect the activities of the entire enterprise.

Is a separate department needed?

The obligation to create a separate purchasing department exists only for a number of large municipal and federal entities who purchase goods, works and services in large quantities and for government money (according to 44-FZ).

All other business entities, although exempt from such obligations, nevertheless often have departments on their staff, in functional responsibilities which includes procurement activities.

In this situation, a dilemma may arise: is one provision on procurement sufficient or should the enterprise also have a provision on the purchasing department. This issue also lies within the competence of the enterprise administration, and only the administrator (director) can decide how the best way regulate procurement activities.

However, based on practice and taking into account that the regulations on procurement activities still regulate supply procedures, and the regulations of the purchasing department regulate the work of the department itself, the best option it would be to separate these two local documents.

What is the difference between the positions

Approximate structure of a document regulating procurement activities:

• preparation for the procurement procedure;
• procurement procedures used by the enterprise;
• requirements for suppliers;
• carrying out procurement and its registration;
• conclusion of a supply agreement and the procedure for its execution.

What department regulations might look like:

• department functions;
• interaction with structural divisions of the enterprise;
• organizational structure;
• rights of department employees and their responsibilities.

The different subject matter of regulation gives these two provisions a completely different character of local rulemaking. In one case, the purchasing process is streamlined, in the other, the department’s work order is fixed.

Public procurement - how to win tenders: Video

This article will discuss the procurement regulations within the framework of 223-FZ. If you have turned to this article, then you understand the importance of this topic. As you know, any law is a living organism that is constantly changing. the federal law No. 223 is no exception. Here we provide information that is relevant at the beginning of 2019, we have collected only the essence of the question that interests you, and we have structured the huge amount of information that you see on the Internet. You will find this article interesting and useful. The knowledge gained after reading can be applied in work.

So, we will get acquainted with some terms and define them based on the current law. Let's understand the content and structure of these documents. Let's find out what kinds of purchases there are. Let's understand the principles of this document and what requirements apply to it. Let us dwell on the question of who has the right to develop and approve procurement regulations. Let's look at specific examples.

Definition

The procurement regulations are a document that regulates the procurement activities of the customer.

Text structure:

• requirements for the procedure, including the procedure for their preparation and implementation in ways that we will discuss below;
• the procedure and conditions for their use;
• procedure for concluding and executing contracts;
• other provisions related to procurement.

Why are procurement provisions needed?

That they are needed is non-negotiable. So why are they so necessary?

Firstly, thanks to this document there is a connection between the economic field, the development of conditions for the timely and complete satisfaction of the customer’s needs for goods, works, and services;

Secondly, for commercial use, with the necessary indicators of price, quality and reliability;

Third, the correct sale of funds occurs;

Fourth, there is an opportunity for the participation of legal and individuals in the procurement of goods, works, services for the needs of customers and stimulation of such participation;

Fifthly, fair competition appears, publicity and transparency of bidding is ensured, corruption and other harmful phenomena are eliminated.

Advantages of the position

This regulation is needed, first of all, by the customer himself. If there is one, then he is obliged to carry out procurement activities exclusively in the manner prescribed by him.

Organizing procurement under 223-FZ is much more profitable than under 44-FZ and has a number of advantages:

1. Choice of any convenient way carrying out the procurement.
2. Setting your own requirements for suppliers.
3. Quickly make changes to the procurement plan.
4. Independently prescribe deadlines.
5. Determination of the grounds necessary for purchasing from a single supplier.
6. Reducing the number of appeals to the FAS by reducing the grounds for this.

The more accurately the requirements for participants are formulated and the more specifically the procurement activities are configured, the more faster organization will be able to raise bidding to a higher level of work and receive quality services at an affordable price.

Types of procurement under 223-FZ

Competitive

Conditions of competitive procurement

1) information is communicated by the customer in one of the following ways:

a) by placing it in a single information system a notice accessible to an unlimited number of persons, with the necessary documentation attached;

b) by sending invitations to take part in this procedure in cases provided for in Art. 3.5 223-FZ, with the attachment of documentation on competitive procurement to at least two persons who are capable of supplying goods, performing work, providing services that are the subject of the procedure;

2) competition is ensured between participants for the right to conclude an agreement with the customer on the terms proposed in applications for participation, final proposals of participants;

3) the description of the item is carried out in compliance with the requirements of Art. 3 parts 6.1, 223-FZ.

Competitive procurement methods

1. bidding:

Contest ( open competition, competition in electronic form, closed competition);

Auction (open auction, electronic auction, closed auction);

Request for quotations (request for quotations in electronic form, closed request for quotations);

Request for proposals (request for proposals in electronic form, closed request for proposals);

2. in other ways established in the regulations and complying with the requirements of Art. 3 part 3, 223-FZ.

Non-competitive

A procurement is non-competitive if its terms do not comply with the conditions of competitive procurement described by us above.

Methods of non-competitive procurement, including from a single supplier (performer, contractor), are established by regulation.

Procurement principles under 223-FZ

• information openness;
• equal participation, absence of various types of harassment and unclear restrictions competition in relation to the participants;
• conscientious use of money for the purchase of goods, works, services and the implementation of actions aimed at the effective work of the customer;
• no restriction of admission to participation by presenting excessive or insufficient requirements to participants.

Who develops and approves the procurement regulations?

Let's look at this issue in Table 1.

Table 1

No.	Customer	Right of approval
1.	state corporation (GC)	supreme governing body of a state corporation
2.	state company (SU)	supreme governing body of a state company
3.	state unitary enterprise (SUE)	the head of this unitary enterprise
4.	municipal unitary enterprise (MUP)	head of a unitary enterprise
5.	autonomous institution (JSC)	supervisory board of this autonomous institution
6.	Joint-Stock Company	1) board of directors (for example, supervisory board); 2) collegial executive agency of this joint stock company (if the charter economic society provides for the performance of the functions of a board of directors, for example, a supervisory board at a general meeting of shareholders of a business company)
7.	society with limited liability(OOO)	general meeting members of the company

Model Procurement Provisions

Who has the right to approve them?

1. A federal executive body that has the functions and powers of the founder of a budgetary institution, an autonomous institution;
2. Federal executive body or organization that exercises the powers of the owner of the property of a unitary enterprise.

For whom is the use of the model regulations mandatory when they approve a regulation or make changes to it?

1. Budgetary institutions;
2. Autonomous institutions;
3. State unitary enterprises.

Position structure

• basic concepts and definitions;
• accepted methods of selecting a performer;
• conditions for posting security;
• algorithm for preparing for the procedure;
• stages of selecting a performer and conclusion of the contract;
• procedure for concluding an agreement with a supplier;
• requirements for notices and documentation, as well as the procedure for changing notices and documentation;
• deadline requirements;
• procedure for drawing up protocols;
• conditions of formation monthly reporting;
• regulations of the procurement commission;
• procurement procedure with the participation of small and medium-sized businesses (SMEs).

Requirements for standard provisions

The document must meet a number of requirements. This question is important, so let's look at it in more detail.

1. The standard document indicates, among other things, the date before which the relevant budgetary institutions, autonomous institutions, unitary enterprises make changes to the regulations or approve a new one.
2. The document must indicate the following information, which is not subject to change when developing and approving procurement regulations by budgetary institutions, autonomous institutions, and unitary enterprises:

   1) stages of preparation and (or) implementation of the purchase;
   2) procurement methods and conditions for their application;
   3) the period for concluding a contract based on the results of a competitive procurement, in accordance with 223-FZ;

1. The standard regulations should indicate the principles of participation of small and medium-sized businesses in the procedure, regulated by the Government of the Russian Federation in accordance with clause 2, part 8 of art. 3 223-FZ;
2. Posted in a unified information system by the federal executive body, the executive body of the constituent entity of the Russian Federation, the local government or the organization specified in Part 2.1 of Art. 2 223-FZ, within 15 days from the date of approval of the standard provision;
3. If in standard provision changes are made, then such changes must be applied by budgetary institutions, autonomous institutions, unitary enterprises;
4. Changes in standard document ations are placed in a unified information system approved by the federal executive body, the executive body of the subject Russian Federation, local government body or organization specified in Art. 2 Part 2.1 223-FZ, within 15 days from the date of approval. When posting changes made to the standard document, the period during which budgetary institutions, autonomous institutions, and unitary enterprises are required to make changes to the procurement regulations or approve a new one is indicated. Moreover, such a period should not be less than 15 days from the date of posting in the unified information system of the changes made to the document.

Where can I find a standard position?

You can find the regulations on the portal of the unified information system (http://zakupki.gov.ru), namely, in the “Planning” section, as shown in Figure 1:

Register of procurement provisions under 223-FZ

In the “Planning” section on the website of the unified information system you will find the line “Procurement Regulations 223-FZ” (Figure 3):

When you click on the specified line, the Register of Procurement Regulations (223-FZ) will open (Figure 4):

Below you can see a list of organizations and select the required department by clicking on the registration number. Let's look at the example of the Municipal Autonomous Preschool educational institution Rostov-on-Don " Kindergarten No. 42." By clicking on the “Information” line, a window with the following sections will open in front of us, as shown in Figure 5:

• general information;
• Procurement methods;
• Regulations documents;
• Changes;
• The event log.

Let's go to the "General Information" tab and see information about the customer, where the following information is given (Figure 6):

• Full name of the organization;
• Abbreviated name of the organization;
• TIN/KPP;
• OGRN;
• Organization address.

Please note that we can view all information in printed form.

Below we are given the following information (Figure 7):

• Document Number;
• Name;
• Name of the approving authority;
• Justification for making changes;
• Date of approval;
• Effective date;
• Version;
• Status;
• Posting date.

We took a closer look at the General Information tab. Next, you can independently study the remaining tabs, where the name of the procurement method is indicated in “Procurement Methods”; “Documents and Regulations” contains the provisions and changes specified by the customer. The “Change” and “Event Log” tabs also indicate all changes and actions that occurred with the regulations.

What sections does this provision include? (using a specific example)

Name: “Regulations on the purchase of goods, works, services for the needs of the municipal autonomous preschool educational institution of the city of Rostov-on-Don “Kindergarten No. 42”.

Agreed: Head of MADO No. 42 Lenetskaya L.A.

Approved: By decision of the meeting of the council of MADO No. 42.

Protocol No. 1/19 dated March 14, 2019

Basic provisions and terms:

1. General provisions.
2. Requirements for participants.
3. Procurement Commission.
4. Procurement planning.
5. The procedure for conducting competitive procurement.
6. Competitive procurement in electronic form. Operation electronic platform for the purposes of such procurement.
7. Information Support.
8. Description of the item.
9. Conditions for admission and exclusion from participation.
10. Ensuring the execution of the contract and warranty obligations.
11. Methods of procurement.
12. The procedure for conducting it with a single supplier (performer, contractor).
13. Appeal procedure.
14. Conclusion and execution of the contract.
15. Register of contracts.
16. Priority of goods of Russian origin, works, services performed and provided by Russian persons in relation to goods originating from a foreign state, works, services performed and provided by foreign persons.
17. Peculiarities of procedures, the participants of which can only be small and medium-sized businesses.

To learn more about this provision, please follow the link.

conclusions

The procurement regulations are a document that regulates the activities of the customer.

Undoubtedly, it is important because... the customer must be guided by it in his work. With the help of this regulation, the customer fully satisfies his needs for goods, works, and services. Also, money is spent correctly from an economic point of view, and fair competition is ensured. The customer can specify the requirements, conditions, and deadlines necessary for him. And the more accurately he does this, the better quality the product, work or service he will receive.

The above document has a number of advantages, which we have discussed: choosing a convenient way to carry out the procedure, setting your own requirements, quickly making changes to the procurement plan, etc.

Is the procurement provision legal act? Certainly. We will see this if we turn to Art. 2 223-FZ " Legal basis procurement of goods, works and services.”

Tags:

Educational platform with a practical focus on training procurement participants (suppliers)

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

It is very important to introduce customers to regulatory framework for procurement under 223-FZ and experience in the procurement process using the example of Bank of Moscow OJSC, 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. That's where everyone is located regulations, which are required to be published by law. 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 is known, on preparatory stage always need to be laid Extra time. 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 to information support 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 some kind of procurement regulation large company, similar in specificity. 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 all internal process procurement from initiation of requirements to reporting on contract execution.

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

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 preparation process standard contracts companies. 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 management, which then became electronic in the LanDocs system. It is important to avoid as much as possible paperwork, optimizing the process, because the procurement cycle is large-scale, and regulatory authorities can carry out checks during which the provision 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 purchasing 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 objectives for maximum optimization of procurement.
• 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, there are 3 main groups. 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 departments. 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 efficient work. It is important to share specifics within the department, as well as to have special purchasing managers (category managers) on staff. Besides general requirements 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 coordinating the methodology and evaluation of applications, requirements for applicants/participants in the procurement procedure/PQS;
• 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;
• carries out information support 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 UIS/provides in Federal service state statistics, Federal agency for state property management, reporting on contracts concluded as a result of procurement procedures, and reporting on procurement activities;
• 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 purchase 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 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 actual summing up 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, one 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 on 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 the decision 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 must be provided for, as they may be. 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).

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 (placement 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.

Monthly reporting. It is formed and posted in the Unified Information System before the 10th day of the month following the reporting month and includes both published purchases and unpublished purchases. Approved by an authorized person of the organization.

Annual reporting on purchases from SMEs. Formed and placed in the Unified Information System before February 1 of the year following the reporting year. Approved by an authorized person of the organization.

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 opportunity and order joint procurement must 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 should be guided common sense, as well as other regulatory documents (135-FZ) and exclude restrictions on 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 assessment methodology is additional document and is used in competitions, requests for proposals (where there are criteria other than price).

Who is requesting commercial offers 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 medical examination 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. Technical task necessary if required by regulatory documents for agreement approval.

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 law on procurement of certain types legal entities and by-laws, but also such internal regulations of the customer as the procurement regulations. Law on contract system strictly regulates the activities of the customer, establishing rules regarding all government procurement and their 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. Regulations under 223 Federal Law for budgetary institutions for 2019 with changes 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;
• order of conduct contractual relations with single suppliers;
• other important aspects holding auctions under 223 Federal Law.

Besides 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 companies approval of the highest management body is required (Federal Law No. 7 “On non-profit organizations"from 01/12/1996);
• 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);
• V 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 approval of the standard is carried out by the supervisory board (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 are also taken into account - “Standard for the implementation of procurement activities individual species legal entities". 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;
• criteria for evaluation;
• requirements for suppliers;
• bidding rules;
• order control;
• possibility of appealing the results;
• agreement conditions;
• 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

Sample procurement regulations under 223 Federal Law from July 2019, drawn up taking into account typical changes, the customer’s specialist must approve and post in the Unified Information System within 15 days after making the adjustments. 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 government participation in the authorized capital, if 223 Federal Law began to spread 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 customer provisions 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 speaks 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 teaching materials on logistics, local regulations, decisions of the organization’s management bodies and these Regulations.

1.4. The activities of the purchasing department are carried out on the basis of current and forward 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 execution of the duties assigned to them job responsibilities and individual instructions from 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 duties, rights, responsibilities of the head and other employees of the department are regulated 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. Supply of all departments of the organization necessary materials required quality within a given 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 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 preparation and execution management decisions management of the organization.

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 the necessary inventories based on determining the need for material resources (raw materials, materials, semi-finished products, equipment, components, fuel, energy, 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. Study of 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. Work organization warehousing, compliance monitoring necessary conditions storage

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 documents received by the organization information materials according to their profile of activity for familiarization, systematic 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 current legislation RF;

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;

Late implementation of structural divisions organizing inspections, inventories and documentary audits;

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.