Each purchase should have its own name, which should give a brief idea of what exactly is being purchased and for what purposes. In the article we will talk about a number of requirements that apply to the names of procurement objects, and expert Oksana Shipunova will give recommendations on how to correctly name our need.
How to create the name of the procurement object
Previously, customers could, at their own discretion, designate the names of procurement items. No demands were made. On January 1, 2017, amendments to Law No. 44-FZ came into force. From this moment on, the name of the purchased object must be selected in accordance with the catalog of goods and services ( Part 4 Art. 23 of Law No. 44-FZ). Responsibilities for compiling such a catalog and updating the information in it are assigned to the federal executive body.
The catalog of goods, works and services is a repository of templates that will help the customer create the name of the purchased object. Each template contains a catalog code, object name, list of characteristics, as well as other related information.
Oksana Shipunova comments, specialist in the field of procurement under 223-FZ and 44-FZ, presenter of the webinar “ » :
“The catalogue, no matter how good it is, today is a half-hearted tool. Unfortunately, it includes a very small part of the customer's potential needs. But you need to understand that the catalog has been fully operational since January 2017, so it will continue to be replenished.
If your need is already included in the catalog of goods, works, services, then you need to take the name from the catalog of goods, works, services. This is your responsibility. If the name is not there, then you can resort to the help of various classifiers, standards, and reference books. The catalog is based on OKPD 2, where we can find important information that will help name our procurement object. Any other classifiers, including international standards, reference books, can also help. If you have not found information anywhere, do not forget about the principle of reasonableness and clarity. The name of the procurement object should not be too general, for example, the name “equipment”. But at the same time, the name of the object cannot be too long or too detailed. There is no need to try to cram half of the technical specifications into the description of the procurement object.
If several products are purchased at once, it is advisable to indicate the group in the name rather than listing all the products, for example, “Supply of stationery and office paper.” For a single purchase, on the contrary, it is preferable to indicate a specific product, for example, “Supply of a passenger car.” This will allow potential suppliers to quickly find the tenders they need, which will ensure full competition and conclusion of a contract on terms favorable to the customer.
If we name our need in such a way that the supplier does not understand what we are buying, we significantly reduce the attractiveness of our purchase.
When we come up with a tricky name for a procurement object, we run the risk of getting confused in the names and using different names in different documents, or in one document. In addition, we need a reasonable name so that we can help customers formulate the NMC (we can use the register of contracts as a source of pricing information). And, often, a reasonable name predetermines the parameters that we will use when describing the need, for example, which classifier code we will classify, how we will name it, and how we will purchase: both in terms of methods, and in terms of requirements for participants in the procedure, and from the point of view of applying national treatment.”
The name of the purchased object must be indicated in all main documents:
- Schedule. Not only the name itself is written down, but also a description of the purchased object (Part 3 of Article 21 of Law No. 44-FZ). However, it is prohibited to reduce information. It must be indicated in full.
- Notice. The name is written in the header of the notice and in its text. This will allow you to quickly find the required procedure.
- Procurement documentation. It is prescribed regardless of the type of procurement procedure, including the closed type.
Subsequently, the name of the purchased object must be indicated in the concluded contract.
What to pay attention to
Remember, it is prohibited to place notices in the Unified Information System in which the name of the purchased object does not coincide with the schedule ( Art. 21 Part 12 of Law No. 44-FZ). First, it is necessary to make adjustments to the schedule, indicating the corresponding OKPD2, and only 10 ten days after this it will be possible to carry out the purchase. If the customer has carried out a purchase, the name of which does not coincide with the information from the schedule, then a fine will follow: for an official it will be 15 thousand rubles, and for a legal entity - 50 thousand rubles.
Sometimes unscrupulous customers try to distort the name of the purchased items so that potential suppliers cannot find the purchase in the Unified Information System. Doing this is strictly prohibited, as this is a clear restriction of competition. The customer will also be held accountable for this. Therefore, it is necessary to be extremely careful when compiling names.
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Guide to the contract system:
A Guide to Procurement Disputes:
1. When describing the procurement object in the procurement documentation, the customer must be guided by the following rules:
1) the description of the procurement object shall indicate the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary). The description of the procurement object should not include requirements or instructions regarding trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the country of origin of the goods, requirements for goods, information, works, services, provided that such requirements or the instructions entail a limitation on the number of procurement participants. It is allowed to use an indication of a trademark in the description of the procurement object, provided that such an indication is accompanied by the words “or equivalent”, or subject to the incompatibility of goods on which other trademarks are placed, and the need to ensure the interaction of such goods with goods used by the customer, or subject to the purchase of spare parts parts and consumables for machines and equipment used by the customer, in accordance with the technical documentation for the specified machines and equipment;
2) when compiling a description of the procurement object, use of indicators, requirements, symbols and terminology relating to technical characteristics, functional characteristics (consumer properties) of goods, work, services and quality characteristics of the procurement object, which are provided for by technical regulations adopted in accordance with the legislation of the Russian Federation on technical regulation, documents developed and applied in the national standardization system, adopted in accordance with the legislation of the Russian Federation on standardization, other requirements related to determining the conformity of the supplied goods, work performed, services provided to the needs of the customer. If the customer, when drawing up a description of the procurement object, does not use the indicators, requirements, symbols and terminology established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization, the procurement documentation must contain a justification for the need to use other indicators, requirements, symbols and terminology;
(see text in the previous edition)
3) description of the procurement object may include specifications, plans, drawings, sketches, photographs, results of work, testing, requirements, including with regard to testing, test methods, packaging in accordance with the requirements of the Civil Code of the Russian Federation, markings, labels , confirmation of conformity, processes and production methods in accordance with the requirements of technical regulations, documents developed and applied in the national standardization system, technical specifications, as well as in relation to symbols and terminology;
(see text in the previous edition)
4) the procurement documentation must contain an image of the supplied goods, allowing it to be identified and to prepare an application, a final offer, if such documentation contains a requirement that the supplied goods correspond to the image of the goods for the supply of which the contract is concluded;
5) procurement documentation must contain information about the place, start and end dates, procedure and schedule for inspection by procurement participants of a sample or mock-up of the goods for the supply of which a contract is concluded, if such documentation contains a requirement that the supplied goods correspond to the sample or mock-up of the goods for delivery whom the contract is concluded;
6) the procurement documentation must contain an indication of the international nonproprietary names of medicines or, in the absence of such names, chemical, group names, if the object of purchase is medicines. When purchasing medicines included in the list of medicines, the purchase of which is carried out in accordance with their trade names, as well as when purchasing medicines in accordance with clause 7 of part 2 of Article 83, clause 3 of part 2 of Article 83.1 of this Federal Law, the customer has the right indicate the trade names of these medicines. The specified list and the procedure for its formation are approved by the Government of the Russian Federation. If the object of procurement is medicines, the subject of one contract (one lot) cannot be medicines with different international nonproprietary names or, in the absence of such names with chemical, group names, provided that the initial (maximum) contract price (lot price ) exceeds the limit value established by the Government of the Russian Federation, as well as medicines with international nonproprietary names (in the absence of such names with chemical, group names) and trade names. The provisions of this paragraph do not apply when determining the supplier of medicines with whom a government contract is concluded in accordance with Article 111.4 of this Federal Law;
(see text in the previous edition)
7) the delivered product must be a new product (a product that has not been used, has not been repaired, including one that has not been restored, whose components have not been replaced, or whose consumer properties have not been restored) unless otherwise provided description of the procurement object;
8) procurement documentation when purchasing works on construction, reconstruction, major repairs, demolition of a capital construction project must contain design documentation approved in the manner established by the legislation on urban planning activities, except for the case if the preparation of design documentation in accordance with this legislation is not required, as well as cases of procurement in accordance with parts 16 and 16.1 of Article 34 of this Federal Law, in which the subject of the contract is, among other things, the design of a capital construction facility. The inclusion of design documentation in the procurement documentation in accordance with this paragraph is the proper fulfillment of the requirements of paragraphs 1 of this part.
2. The procurement documentation, in accordance with the requirements specified in Part 1 of this article, must contain indicators that make it possible to determine the compliance of the purchased goods, works, services with the requirements established by the customer. In this case, the maximum and (or) minimum values of such indicators are indicated, as well as the values of indicators that cannot be changed.
(see text in the previous edition)
3. It is not allowed to include in the procurement documentation (including in the form of requirements for quality, technical characteristics of a product, work or service, requirements for the functional characteristics (consumer properties) of a product) requirements for the manufacturer of the product, for the procurement participant (including requirements to the qualifications of the procurement participant, including work experience), as well as requirements for the business reputation of the procurement participant, requirements for the availability of production facilities, technological equipment, labor, financial and other resources necessary for the production of goods, the supply of which is the subject of the contract, for performance of work or provision of services that are the subject of the contract, except for cases where the possibility of establishing such requirements for the procurement participant is provided for by this Federal Law.
4. Requirements for guaranteeing the quality of goods, work, services, as well as requirements for the warranty period and (or) the scope of providing guarantees of their quality, for warranty service of the goods (hereinafter referred to as warranty obligations), for the costs of operating the goods, for the obligation to carry out installation and adjustment of the product, training of persons involved in the use and maintenance of the product, are established by the customer if necessary. If a supplier of machinery and equipment is determined, the customer establishes in the procurement documentation requirements for the warranty period of the goods and (or) the scope of guarantees for their quality, for warranty service of the goods, for the costs of servicing the goods during the warranty period, as well as for installation and commissioning goods, if this is provided for in the technical documentation for the goods. In the case of determining a supplier of new machinery and equipment, the customer establishes in the procurement documentation the requirements for the provision of a guarantee from the manufacturer and (or) supplier of this product and for the period of validity of such a guarantee. This warranty is provided with this product.
(see text in the previous edition)
5. Features of the description of certain types of procurement items may be established by the Government of the Russian Federation.
6. Features of the description of procurement objects under the state defense order may be established by Federal Law of December 29, 2012 N 275-FZ “On the State Defense Order”.
What is the liability for posting a notice or documentation in which the procurement object does not correspond to the name of the procurement object in the schedule? In fact, the documentation refers to the same procurement object. But the names don't match. Is it possible to make changes to the schedule regarding the name of the procurement object? Wouldn't this be considered a change in the procurement object?
Answer
Konstantin Edelev, expert of the State Order System
From August 14, 2019, the procedure for calculating fines under 44-FZ was changed: the requirement for a fixed amount was removed, and the penalty for SMP and SONO was reduced. In the article you will find all the current rules. Working with penalties will be simplified by examples of wording and judicial practice.
Changes to the schedule are made ten days before the notice is posted. So if possible, it is better to make changes to the schedule.
It is possible not to change, but to reformulate the name of the procurement object in the notice or documentation, even if the deadlines for making changes to the schedule have been missed. At the same time, the customer must be sure that such a reformulation of the name of the procurement object will not change the essence of the procurement and will not limit the circle of potential procurement participants.
Fine for violation of Part 11 of Art. 21 of Law No. 44-FZ, if customers make purchases not provided for in the schedules
Grounds for bringing to administrative responsibilityPlease note that in accordance with Part 3 of Art. 114 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) part 11 of Art. 21 of Law No. 44-FZ comes into force only on January 1, 2017.
Accordingly, at the moment responsibility is precisely for non-compliance with Part 11 of Art. 21 of Law No. 44-FZ is not provided for until January 1, 2017 (cannot exist).
However, there is liability for violation of Part 2 of Art. 112 of Law No. 44-FZ and the implementation of planning without taking into account the Features approved by order of the Ministry of Economic Development of Russia No. 182, the Treasury of Russia No. 7n dated March 31, 2015 (hereinafter referred to as the Features).
For 2015-2016 customers carry out planning according to the rules that were in force before the entry into force of Law No. 44-FZ, taking into account the Features that may be established by the federal executive body that carries out regulatory legal regulation in the field of placing orders, and the federal executive body that carries out law enforcement functions in cash services for the execution of budgets of the budget system of the Russian Federation (Part 2 of Article 112 of Law No. 44-FZ).
It must be borne in mind that Part 1.4 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation provides for liability, for example, for violating the deadlines for making changes to the schedule in accordance with the Specifics, namely:
placement by an official of the customer, an official of an authorized body, an official of an authorized institution, a specialized organization in a unified information system in the field of procurement or sending to an operator of an electronic platform information and documents to be posted, sent, in violation of the requirements provided for by the legislation of the Russian Federation on the contract system in in the field of procurement, or violation by these persons of the procedure for providing tender documentation or auction documentation, the procedure for explaining the provisions of such documentation, the procedure for accepting applications for participation in determining the supplier (contractor, performer), final proposals, except for the cases provided for in Part. 1 - 13 tbsp. 7.30 of the Code of Administrative Offenses of the Russian Federation entails the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; for legal entities - fifty thousand rubles.
When conducting tenders under the Law on the Contract System, the customer is faced with problems of describing the procurement object and justifying its compliance with the requirements of 44-FZ.
First, let's look at the definitions. The object of procurement is (according to 44 Federal Laws) goods, works or services that the customer purchases through bidding. The law establishes the rules by which it must be described. Description is a list of conditions that the purchased goods (works, services) must meet. Thus, the customer indicates in detail in the tender documentation all the necessary quality and technical characteristics of the product. He can obtain this information from publicly available sources, GOSTs, and commercial offers from organizations that operate in a suitable field of activity.
How to confirm compliance in a procurement plan
The main regulatory act in this matter is Decree of the Government of the Russian Federation dated 06/05/2015 No. 555. Confirmation of compliance is necessary in two cases:
- when forming an order plan;
- when compiling .
So, justification for the compliance of the procurement object in 2019 - what to write? In the tabular form of the plan itself, there is a section “Purpose of purchase” for this purpose. It should reflect the result of the auction.
Also, when justifying, you must indicate the following information:
- (in accordance with Article 23 of Federal Law-44);
- name of the object of the order (also the subject of the contract);
- if auctions are planned within the framework of a state (subject, municipal) program - a link to it;
- the name of the activity of the above program (recall that the goals of Law No. 44 are not only the implementation of state programs, but also, for example, the exercise of the powers of state and municipal bodies);
- justification for the compliance of the object with the program and, accordingly, with the program event (for example, the acquisition of computer equipment will serve to strengthen the economic base of the organization);
- an indication of regulatory legal acts that establish requirements for certain types of goods (works or services) or a reference to the absence of such.
What to confirm in the schedule
Methods for determining the contract price have been established: market analysis, regulatory, and cost. If none of them can be applied, this must be confirmed. If we are talking about a contract with a single supplier, then in column No. 7 you should also indicate the method used and describe it (except in cases where justification is not required, for example, when bidding up to 100,000 rubles).
When filling out the section of additional requirements for participants (column No. 10), you should pay attention to the presence of such (if the law directly provides for this, for example, a condition such as work experience).
Description of the procurement object under 44 Federal Laws, example
Let's say you need to purchase lamps. Then you need to provide a detailed description of these lamps: fluorescent, base G13, power (W) 18, luminous flux (Lm) no less than 1080, no more than 1150, voltage (V, V): 220, tube/bulb type T8, color rendering index 82 +, color temperature 6500 (day white), diameter 26 mm, length 604 mm.
Justification of compliance, example
For example, the customer is a medical center, and he needs to purchase a carburetor for a car through auction. When drawing up a government procurement plan and schedule, it should be indicated that in order to maintain vehicles in technically sound condition, it is necessary to purchase a carburetor in the amount of three units.
Another example. An educational institution needs to purchase a car. When justifying, you need to refer, for example, to the availability of permission to conduct driving lessons.
We will tell you what to write in justifying the compliance of the object in the plan and schedule, what information must be included. We will also provide examples of justification for the procurement object under 44-FZ and forms for downloading.
Justification of procurement needs
When forming a plan, you need to include information about the justification in a special form. What to write in the plan is regulated by No. 555 dated 06/05/2015. It contains a list of characteristics that need to be justified, as well as templates for submitting information.
The organizer must explain the choice:
- object of purchase;
- method for determining the supplier;
- NMCC.
The rationale for the procurement object is given in the plan, the other two indicators are given in the schedule plan (hereinafter - PG). These two documents provide different forms of information. The validity of public procurement is monitored by monitoring, control and audit bodies. If the audit shows that there was no need for the procedure or no justification was provided, the procedure may be canceled and the customer may be held administratively liable.
By the end of summer, customers must justify the procedures for the next planning period and, together with the draft procurement plan, submit them to the GRBS. Then the purchases are justified when the schedule is formed and approved.
Justification is needed to explain why the customer purchases goods, works, services with specific characteristics and prices. We will tell you how to correctly fill out each column of the justification form. We will use examples to show which data to take from plans and which to fill out yourself.
Justification of the procurement object
The customer indicates the purpose and rationale for the purchase in the procurement plan. You need to rely on the availability of government programs, activities within them, your own needs, the need for a particular product for the normal functioning of the institution, etc.
The plan contains:
- purchase code;
- the purpose of its implementation;
- an object;
- justification of the object according to 44-FZ;
- period of the procedure;
- amount of financing.
When the customer enters a rationale for the compliance of an object into the plan, it must be written in it to satisfy what needs the products are needed, for what government programs or events they are being purchased, and whether the procedure complies with the provisions of the law.
Example of justification for purchase
✔ Procurement justification form for the plan;
✔ Procurement justification form for GHG;
✔ An example of a justification form for stationery;
✔ Example of justification form for electricity;
In column 1 indicate the serial number of the position.
In column 2 indicate the identification code that you wrote in column 2 of the plan.
In column 3 indicate the name of the procurement object, which was written in column 5 of the plan form. Write the name according to the catalog of goods, works, services (Part 4, Article 23 of Law No. 44-FZ).
In column 4 indicate the name of the state, municipal program, program of a constituent entity of the Russian Federation, if you are planning a purchase within the framework of such a program. For example, you are planning a purchase within the framework of the state program “Health Development” - dated December 26, 2017 No. 1640. In this column, indicate the name of the program. If you plan the procedure outside the framework of program activities, do not fill out column 4.
In column 5 indicate the name of the program event, the name of the function, the powers of the state body, the management body of the state extra-budgetary fund, the municipal body or the name of the international treaty of the Russian Federation, which is indicated in column 3 of the plan form.
What to write in justifying the compliance of an object in the procurement plan
You can write a justification for the compliance of the object in the plan in free form. It is necessary to adhere to the formal style of speech. The main thing is to use the standard template, which is contained in the Decree of the Government of the Russian Federation dated 06/05/2015 No. 555. The name of the object must be indicated in accordance with the OKPD2 classifier.
Let us give an example of justification for a procurement object in terms of 44-FZ. If you are purchasing computer equipment for an educational institution, indicate within the framework of which municipal program the procedure is being carried out (for example, “Improving computer literacy of students in grades 10-11”).
Also, the justification for the compliance of an object in the PP can be indicated based on the needs of a particular institution. For example, if a medical center plans to purchase a carburetor for an ambulance, it indicates that the product is necessary to maintain the vehicle in technically sound condition.
How to write a purchase rationale: example
The plan includes information about the rationale for the purchase. What to write in each column can be found in the Decree of the Government of the Russian Federation dated June 5, 2015 No. 555. This legal act contains detailed instructions on how to justify the procedure in the plan. The approved form for providing information contains:
- identification code;
- an object;
- the name of the state program (this can be not only a state, but also a regional, departmental, target program);
- the event for which the procedure is being carried out;
- the needs of the institution to satisfy which the product, work or service is purchased (functions can also be specified);
- justification for the purchase.
How to justify changes in the procurement plan
The plan can be changed only on the grounds specified in the law. They can be found in Article 17 44-FZ and No. 1043 dated November 21, 2013. Amendments are allowed in the following cases:
- bringing the document into compliance with changed procurement goals or changed regulatory legal acts;
- execution of instructions within the framework of the implementation of laws, decisions and instructions of government bodies;
- execution of the decision based on the results of public discussion;
- saving;
- fulfillment of the requirements contained in the order of the control body.
Other grounds cannot be used to make changes. Any changes to the plan must be included in the procurement justification form.
For example, if the date of the planned procedure has changed within the previously specified year, changes need to be made only in the PG. But if, due to a shift in deadlines, the year or frequency of procedures has changed, changes should be made to the plan.
