Planning Motivation Control

Description of the procurement plan what to write. Description of the procurement object in the schedule. How to justify changes in the procurement plan

When holding tenders under the Law on contract system the customer is faced with the problems of describing the procurement object and justifying its compliance with the requirements of 44-FZ.

Let's start with the definitions. The object of the procurement is (according to Federal Law 44) goods, works or services that the customer purchases through an auction. 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 specifies in detail in the tender documentation all the necessary quality and technical characteristics of the goods. He can get this information from publicly available sources, GOSTs, commercial offers organizations that operate in a suitable field of activity.

How to prove compliance in the procurement plan

Main normative act in this matter - the Decree of the Government of the Russian Federation of 05.06.2015 No. 555. Confirmation of conformity is necessary in two cases:

  • when forming an order plan;
  • when compiling.

So, Procurement Subject Compliance Justification 2019 - What to Write? In the tabular form of the plan itself, there is a section "Purpose of purchase" for this. It must reflect the result of the bidding.

Also, when justifying, it is necessary to indicate the following information:

  • (in accordance with Art. 23 FZ-44);
  • name of the object of the order (aka the subject of the contract);
  • if the auction is planned within the framework of the state (subject, municipal) program - a link to it;
  • the name of the event 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 fulfillment of the powers of state and municipal bodies);
  • justification of the compliance of the object with the program and, accordingly, the program measure (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 link to the absence of such.

What to confirm in the schedule

Methods for determining the price of the contract are established: market analysis, regulatory, and costly. If none of them can be applied, you need to confirm it. If we are talking about an agreement with a single supplier, then in column No. 7 you should also indicate the applied method and describe it (except for those 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 those (if the law directly stipulates this, for example, such a condition as having work experience).

Description of the procurement object according to Federal Law 44, example

Let's say you need to purchase lamps. Then you need to bring detailed description of these lamps: fluorescent, G13 base, power (W) 18, luminous flux (Lm) not less than 1080, not more than 1150, voltage (V, V): 220, tube / bulb type T8, color rendering index 82+, color temperature 6500 (daytime white), diameter 26 mm, length 604 mm.

Justification of compliance, example

For example, the customer is medical Center, while he needs to purchase a carburetor for a car through bidding. When drawing up a public procurement plan and a schedule, it should be indicated that in order to maintain vehicles in a technically sound condition, it is necessary to purchase a carburetor in the amount of three units.

Another example. Educational institution you need to purchase a car. When justifying, it is necessary to refer, for example, to the existence of a permit to conduct driving lessons.

In accordance with the federal legislation on the contract system, customers, which include budgetary institutions, will have to justify their purchases from 01.01.2016 when planning their purchases (Article 18 of the Federal Law dated 05.04.2013 No. 44-FZ "On the contract system in the field procurement of goods, works, services to meet state and municipal needs ”(hereinafter referred to as the Law on the Contract System)). A new regulatory legal act - Decree of the Government of the Russian Federation of 05.06.2015 No. 555 - establishes the procedure for justifying the procurement of goods, works and services (GWS) to meet state and municipal needs and forms of such justification. In this consultation, the author reviews the procurement justification rules in light of this new document.

Justification of the purchase is carried out by a budgetary institution in two cases : in the formation of the procurement plan and in the formation of the procurement schedule (hereinafter - the schedule). Please note that from 01.01.2016 institutions will be required to create both of these documents - so far only the formation of a schedule is being carried out.

The procurement plan will be formed for the next financial year and the planned period of the budget, the schedule - only for the next financial year. For example, given that the budgets are three-year, in 2016, institutions will need to formulate a procurement plan for 2017 (next financial year) and 2018 - 2019 (planning period), and a schedule for 2017. Wherein specified documents will need to be done taking into account the already adopted, but not yet entered into force, regulatory legal acts - they also come into force from 01.01.2016. Now the schedules are formed taking into account such a normative legal document, how Order of the Ministry of Economic Development of the Russian Federation No. 182, of the Treasury of the Russian Federation No. 7n of March 31, 2015, which establishes the features of placement in a unified information system or before the commissioning of this system on the official website of public procurement http://zakupki.gov.ru of order placement schedules for 2015 - 2016.

Terms of formation of the procurement plan and schedule

What needs to be justified in the procurement plan?

When forming the procurement plan, the procurement object will be subject to justification based on the need to implement a specific procurement goal. The tabular form of the plan itself contains the column "Purpose of the procurement" - it should indicate this or that event of the state or municipal program, within which the budgetary institution makes the procurement, and the expected result of the implementation of this event. Besides, a separate document should be used as an annex to the procurement plan - the rationale for each item or items of procurement.

What information should be indicated in the justification of the procurement object?

The rationale in relation to the object (objects) of the procurement is a tabular form, in which the following data are entered for each procurement:

Identification code. The procedure for the formation of this code, including its composition and structure, depending on the purposes of application, will be established by the Ministry of Economic Development in agreement with the Ministry of Finance. At the time of preparation of this consultation (June 2015), this procedure has not been established.

The name of the procurement object. It practically corresponds to what the existing schedules call the “name of the subject of the contract” - for example, a car.

Name of the state program, program of the constituent entity of the Russian Federation, municipal program (including target or departmental target program, another document of strategic and program-target planning), if the purchase is planned within the framework of the specified program.

At the moment, in accordance with the budget legislation, which provides for the widest application of the program-targeted method of management and budgeting, the activities of state and municipal institutions, as a rule, are carried out within the framework of state and municipal programs. Within the framework of these programs, budget expenditures for the activities of institutions ( h. 4 tbsp. 21, art. 179 BC RF). For example, in the Moscow region, the activities of regional state institutions of secondary vocational education carried out within the framework of the regional State Program of the Moscow Region "Education of the Moscow Region" for 2014 - 2018 (subprogram "Professional education").

Name of the event a state program, a program of a constituent entity of the Russian Federation, a municipal program (including a target or departmental target program, another document of strategic and program-target planning), the name of the function, powers government body, the governing body of the state non-budgetary fund, the municipal body and (or) the name of the international treaty of the Russian Federation.

As the objectives of procurement, the federal legislation on the contract system provides not only for the implementation of state or municipal programs, but also for the fulfillment of international obligations of the Russian Federation, the functions and powers of state bodies of the Russian Federation, governing bodies of state and territorial extra-budgetary funds of the Russian Federation, state bodies subjects of the Russian Federation, municipal bodies, with the exception of those carried out within the framework of state and municipal programs. However, as mentioned above, the activities of budgetary institutions, as a rule, are carried out precisely within the framework of programs. Therefore, for example, in relation to procurement passenger car for the needs of a budgetary institution of secondary vocational education, it is necessary to indicate the event of the corresponding program, for the implementation of which such a purchase is necessary and the funds for which are provided in the amount of financing of this event. If we take, for example, the aforementioned state program of the Moscow region "Education of the Moscow Region" for 2014 - 2018, then the event of this program, to which it would be possible to "tie" the purchase of a car by a budgetary institution of secondary vocational education, could be "improvement of the material and technical base government agencies professional education "(if the purchase would be planned at the expense of budgetary funds transferred to the institution in the form of a subsidy for purposes not related to the implementation of the state assignment) or" the implementation of educational activities at the expense of individuals and (or) legal entities under contracts for the provision of paid educational services in educational institutions of vocational education "(if the purchase is at the expense of extra-budgetary funds of the institution, received by them for the provision of paid educational services). Although we note that the latter case is unlikely, since, most likely, procurement from extrabudgetary funds will be carried out by a budgetary institution within the framework of Federal Law of 18.07.2011 No. 223-FZ "On the procurement of goods, works, services by certain types of legal entities" where a procurement justification is not required.

Justification of the conformity of the object and (or) the objects of procurement an event of the state (municipal) program, functions, powers and (or) an international treaty of the Russian Federation. In this paragraph, it is necessary to indicate how the procurement corresponds to the above measure of the state or municipal program. For example, in the case of buying a car as part of an event to strengthen the material and technical base of state institutions, it is possible to quite formally and laconically indicate that the purchase of a new car will help to strengthen the material and technical base of the institution.

Full name, date of adoption and number of approved regulatory legal (legal) acts establishing requirements for certain types of GWS (including price limits) and (or) for determining the standard costs for the provision of functions, powers of state bodies, governing bodies of state extra-budgetary funds, municipal bodies, including those subordinate to these bodies of state institutions, or an indication the absence of such an act for the corresponding object (s) of the procurement.

What are the price limits to consider?

The rationale for procurement is associated with the concept of “rationing in the procurement sector” introduced by the federal legislation on the contract system and designed to meet state and municipal needs, while excluding the procurement of GWS that have excessive consumer properties or are luxury goods. Until 01.01.2016 state and municipal bodies, on the basis of the regulation rules, which must also be established by them, approve the requirements to certain types of GWS purchased by budgetary institutions subordinate to these bodies (including their maximum prices). For example, in relation to cars purchased by budgetary institutions, the maximum price of a car can be set. For example, at the federal level, such restrictions have already been determined - if it is planned to purchase a car for the head or deputy head of a federal state body with personal assignment, then such a car may cost no more than 2.5 million rubles, if for the head (deputy head) structural unit this body - no more than 1.5 million rubles. Therefore, if it is planned to purchase GWS, according to which such rationing will be established, in this position it is necessary to indicate the details of the relevant regulatory legal act.

What needs to be justified in the schedule?

When forming another document - a schedule - the following are subject to justification:

- initial (maximum) contract price (NMCK) or contract price in case of purchase from sole supplier(contractor, executor) (EP);
- the method for determining the supplier (contractor, executor), including additional requirements for procurement participants, if the procurement method is a tender with limited participation or a two-stage tender.

These justifications should be contained in a separate annex to the schedule for each procurement item. This appendix is ​​compiled in a tabular form, in which for each purchase, in addition to its identification code and the name of the object (the content of the procurement plan justification form is repeated here - see above), the following data are entered:

1. NMCK, the price of the contract concluded with the EP.

If we are talking, for example, about the purchase of a car, then a specific initial (maximum) purchase price is indicated.

2.Name of the method of determination and justification NMCK, the price of the contract concluded with the EP. In accordance with the federal legislation on the contract system, the following can be used to determine the NMCC or the price of a contract concluded with the EP: 1) the method of comparable market prices(market analysis); 2) normative method; 3) tariff method; 4) design and estimate method; 5) costly method.

3. Justification of the impossibility of using the methods specified in Part 1 of Art. 22 of the Law on the contract system , as well as the substantiation of the method for determining and justifying the NMCC, the price of the contract concluded with the EP, not provided for in Part 1 of Art. 22 laws.

If, when planning a purchase, the customer was unable to apply any of the above methods for determining the NMCC or the price of a contract with the EP - the federal legislation on the contract system allows this - then in this position it is necessary to justify this impossibility, as well as the method that was applied instead of the above. If any of the above methods have been applied, this position is not filled.

4.Justification of the NMCK, the price of the contract concluded with the EP. Here it is necessary to describe the specific procedure for applying a particular method to determine the NMC or the price of a contract concluded with the EP. For example, if the method of comparable market prices is used for the purchase of a passenger car, then the collected data from various suppliers must be cited and the final result calculated. If the purchase is carried out from the EP in the established cases, when the justification of the contract price is not required (for example, when purchasing GWS for an amount not exceeding 100 thousand rubles), this position is not filled.

5. The method of determining the supplier (contractor, performer). One of the methods for determining the supplier (contractor, executor) is indicated, which is provided for by federal legislation on the contract system and which a budgetary institution, within the framework of this legislation, chooses for the procurement.

6. Justification of the chosen method for determining the supplier (contractor, performer). The choice of one or another method for determining a supplier (contractor, performer) within the framework of the federal contractual system is carried out by a budgetary institution, taking into account numerous various factors, however, without delving into this large-scale topic now, we can recommend that institutions use fairly formal wording when filling out this position - for example, “ application of a request for quotations for the implementation of this purchase is allowed by the current legislation. "

7. Justification of additional requirements for procurement participants (if such requirements exist). Federal legislation on the contract system provides that when using separate ways procurement, including a competition with limited participation and a two-stage competition, a budgetary institution must use additional requirements for procurement participants in cases established by the Government of the Russian Federation. For example, when purchasing through a tender with limited participation of services Catering and / or delivery food products purchased for organizations that carry out educational activities, medical organizations, organizations social service, organizations of children's recreation and their rehabilitation, if the NMCC (lot price) exceeds 500 thousand rubles, the budgetary institution must apply to the procurement participants such a requirement as “experience in the execution (taking into account the succession) of the contract (agreement) for the provision of catering services and / or the supply of food products in the last three years prior to the date of filing an application for participation in the relevant competition. "

Since the establishment of these additional requirements in certain cases is mandatory, when filling out this position it is recommended to simply indicate this or that additional requirement with the note "(is mandatory in accordance with applicable law)".

In a relationship procurement through request for proposals of medicinal products , which are necessary for the appointment to the patient in the presence of medical indications (individual intolerance, for health reasons) by the decision of the medical commission, an additional substantiating document is the decision of the medical commission. This decision should also become an annex to the procurement plan or schedule.

In a relationship certain types procurement is not subject to justification for every contract concluded, but the total annual volume of purchases in one line. These types of purchases include the following purchases from the TU:

- purchase of GWS for an amount not exceeding 100 thousand rubles;
- procurement of GWS by the state or municipal institution culture, the statutory objectives of which are the preservation, use and popularization of cultural heritage sites, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution implementing concert activities, TV and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive), state or municipal educational organization for an amount not exceeding 400 thousand rubles;
- conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as with participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events (such services include travel arrangements in place business trip, the place where these events are held and vice versa, renting a living space, transport services, providing food);
- conclusion of a contract for the provision of teaching services, as well as the services of a guide (guide) by individuals.

If changes are made to the procurement plan or schedule, the changes must be simultaneously made to the corresponding procurement justification forms.

Features of the justification in the procurement plan and in the schedule

Control over the validity of purchases

It should be remembered that the assessment of the validity of procurement will be carried out in the course of their monitoring, audit and control in the field of procurement. At the same time, based on the results of the audit and control, a specific purchase can be recognized as unjustified - then the control bodies will issue instructions to eliminate the identified violations of the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement and bring to administrative responsibility the persons guilty of violations, in the order , established by the Code of Administrative Offenses of the Russian Federation.

Guide to the contract system:

A guide to procurement disputes:

1. The customer, when describing the procurement object in the procurement documentation, must be guided by the following rules:

1) in the description of the procurement object, the functional, technical and quality characteristics, operational characteristics of the procurement object (if necessary) are indicated. The description of the object of the procurement shall not include requirements or indications in relation to 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 instructions entail a limitation of the number of participants in the procurement. It is allowed to use an indication of a trademark in the description of the object of the procurement, provided that such indication is accompanied by the words "or equivalent" or provided that the goods on which other trademarks are placed are incompatible, and it is necessary to ensure the interaction of such goods with the goods used by the customer, or subject to the purchase of spare parts and Supplies to machines and equipment used by the customer, in accordance with technical documentation on the specified machines and equipment;

2) the use of indicators, requirements, legend and terminology related 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 Russian Federation O 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, the work performed, the services provided to the needs of the customer. If the customer does not use the indicators, requirements, conventions and terminology established in accordance with the legislation of the Russian Federation on technical regulation, the legislation of the Russian Federation on standardization, in the preparation of the description of the procurement object, the procurement documentation must contain a justification for the need to use other indicators, requirements, conventions and terminology;

(see text in previous edition)

3) a description of the procurement object may include specifications, plans, drawings, sketches, photographs, results of work, testing, requirements, including with respect to testing, test methods, packaging in accordance with the requirements of the Civil Code of the Russian Federation, marking, 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 previous edition)

4) the procurement documentation must contain an image of the supplied goods, allowing it to be identified and prepare an application, a final offer, if such documentation contains a requirement for the conformity of the supplied goods to the image of the goods for the supply of which the contract is concluded;

5) the procurement documentation must contain information about the place, start and end dates, the procedure and schedule for inspection by the procurement participants of the sample or model of the goods for the supply of which the contract is concluded, if such documentation contains a requirement for the conformity of the supplied goods with the sample or model of the goods, for the supply which the contract is concluded;

6) the procurement documentation must contain an indication of the international nonproprietary names of medicinal products or, in the absence of such names, chemical, grouping names, if the object of the procurement 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, shall have the right indicate the trade names of these medicinal products. The specified list and the procedure for its formation are approved by the Government of the Russian Federation. If the procurement object is medicines, the subject of one contract (one lot) cannot be medicines with different international generic names or in the absence of such names with chemical, grouping 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 non-proprietary names (in the absence of such names with chemical, grouping names) and trade names. The provisions of this clause do not apply when determining the supplier of medicinal products with whom a state contract is concluded in accordance with Article 111.4 of this Federal Law;

(see text in previous edition)

7) the delivered goods must be new goods (goods that have not been used, in repair, including those that have not been restored, that have not been replaced component parts, consumer properties were not restored) unless otherwise provided by the description of the procurement object;

8) procurement documentation for the procurement of construction, reconstruction works, overhaul, demolition of the object capital construction must contain project documentation approved in the manner prescribed by the legislation on urban planning activities, unless the preparation project documentation in accordance with the specified 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 project documentation in the procurement documentation in accordance with this clause is a proper fulfillment of the requirements of clauses 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, work, services with the requirements established by the customer. In this case, the maximum and (or) minimum values such indicators, as well as the values ​​of indicators that cannot be changed.

(see text in previous edition)

3. It is not allowed to be included in the procurement documentation (including in the form of quality requirements, technical specifications goods, work or services, requirements for the functional characteristics (consumer properties) of the goods) requirements for the manufacturer of the goods, for the procurement participant (including requirements for the qualifications of the procurement participant, including work experience), as well as requirements for business reputation the procurement participant, the requirements for the availability of production facilities, technological equipment, labor, financial and other resources necessary for the production of the goods, the supply of which is the subject of the contract, for the performance of work or the provision of services that are the subject of the contract, unless the possibility of establishing such requirements for the procurement participant is provided for by this Federal law.

4. Requirements for the quality assurance of goods, work, services, as well as requirements for the warranty period and (or) the scope of the provision of guarantees of their quality, for warranty service goods (hereinafter - warranty obligations), to the costs of operating the goods, to the obligation to carry out installation and adjustment of the goods, to the training of persons who use and service the goods, are established by the customer, if necessary. If the supplier of machinery and equipment is determined, the customer sets in the procurement documentation requirements for the warranty period of the goods and (or) the scope of the provision of guarantees of its 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 it is provided for by the technical documentation for the goods. In the event that a supplier of new machinery and equipment is determined, the customer establishes in the procurement documentation requirements for the provision of a manufacturer's and (or) supplier's warranty. of this product and by the duration of such warranty. This warranty is provided with this product.

(see text in 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 objects of procurement under the state defense order may be established by the Federal Law of December 29, 2012 N 275-FZ "On the state defense order".

  • On 07.05.2018
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  • 44-FZ, EIS, Procurement of medicines, medical equipment., Procurement from a single supplier, KTRU, Objects of procurement, Articles, FAS

When looking for tenders, suppliers first pay attention to the name of the purchase. It will depend on him whether the potential performer wants to get more detailed information on the procedure to resolve the issue of their participation. In the article we will give key information on the formation of the name of the procurement object according to 44-FZ.

Catalog of goods, works and services in the UIS

Until 2017, customers were free to name the procurement items at their discretion. This often led to misunderstandings on the part of suppliers, and sometimes played into the hands. As a result, everything came to the conclusion that it was decided to standardize the name of the procurement object.

In this regard, from January 1, 2017, (KTRU) appeared in the EIS with standard names and descriptions of procured objects. The executive body is responsible for its conduct, which is entrusted with control in the field of procurement. Now this body is the Ministry of Finance.

Registration in ERUZ UIS

From January 1, 2019 to participate in trades under 44-FZ, 223-FZ and 615-PP registration is required in the register of URUZ (Unified Register of Procurement Participants) on the UIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

If the object is included in the Catalog

A change was made to Law 44-FZ, which obliged customers to use KTRU when preparing a purchase. It would seem that the problem is solved - you just need to take the name from the Catalog. However, the work on filling it is very laborious and moves slowly. In the future, it will include absolutely all goods, works and services that can be purchased under the state order. But this is still a long way off. First of all, KTRU is introduced medications and medical devices.

For procurement objects that are already included in the Catalog, the name and description must be taken from it.

If there is no object in the Catalog

As we mentioned above, most of the procured items are not included in the Catalog yet. To compile their names, it is advisable to refer to various classifiers and standards. In particular, to OKPD 2, which lies at the heart of the KTRU. You can also use other classifiers, including international ones.

If information about the object of purchase in the standards is not found, the customer comes to the rescue principle of reasonableness and comprehensibility... You shouldn't make the title too general and short, but at the same time, you don't need to describe details and key points in it. terms of reference... From the description, the supplier should immediately understand which product or group is of interest to the customer, but without unnecessary details that can confuse him.

If the customer has a need for some the only subject, then it should be indicated in the title. For example, if you need to purchase vehicle, such a purchase should be titled “ NScar park».

Often, a customer purchases a whole commodity group... In this case, it is better to mention its name in the title. For example, procurement of items to support the office might be titled “ NSabandonment stationery ". From this name it is immediately clear which group we are talking about. But what exactly of the stationery and in what quantity is needed by the customer, the supplier will be able to find out from the description.

Why is it important to form the correct name

Due to the incorrect naming, both the customer and the supplier may have difficulties. Here main reasons why it is important to name the procurement object correctly and clearly:

  1. Convenient to search. The supplier will simply not be able to find the purchase if the name is inaccurate. This means that the competition and the chance to get the best price is reduced.
  2. Easy to understand customer need... If the name of the object is too tricky, it can alienate the supplier, even if he finds a purchase. He will get the impression that he will not be able to understand the TK.
  3. Easier to bid. A clear and clear name of the procurement object will help in the formation of a price proposal. For example, you can find in the register of procurement contracts with the same object and estimate the price level.
  4. Easier to define purchasing parameters... A correctly formed name of the object will help to determine the method of conducting, with the requirements for participants, with the need to apply.
  5. Less questions from FAS... A confusing name can lead to customer complaints. The fact is that in their attempts to limit competition, unscrupulous customers sometimes deliberately confuse the documentation and the name of the object. The supplier may consider that the customer has set himself exactly such a goal and complain to the FAS.

The importance of sticking to the formed name

All procurement documents should indicate the same name of the object, namely:

  1. V schedule, in addition to the name, a description of the object should be indicated. The information must be presented in full.
  2. V notice it is necessary to register the name of the procurement object in the header and in the text. Moreover, it must coincide with what is indicated in the plan-schedule.
  3. V documentation the purchase must also contain the name of the object and its detailed description.
  4. V contract when it is concluded, it is necessary to indicate the name of the purchased object.

Important! You cannot include one item in the schedule and then “slightly change” it for notification. First you have to make a change to the schedule... If this is not done, an official may be fined 15,000 rubles, and a legal entity - 50,000 rubles. It will be possible to carry out the procedure only after 10 days after changes are made to the schedule.

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 the objects of purchase, and the expert Oksana Shipunova will give recommendations on how to correctly name our need.

How is the name of the procurement object compiled

Previously, customers could, at their discretion, compose the names of procurement objects. There were no requirements. On January 1, 2017, amendments to Law No. 44-FZ entered into force. From this moment, the name of the purchased object should be selected in accordance with the catalog of goods and services ( h. 4 tbsp. 23 of Law No. 44-FZ)... Responsibilities for compiling such a catalog and updating the information in it are entrusted to federal body executive power.

The catalog of goods, works and services is a repository of templates that will help the customer to compose the name of the purchased object. Each template contains a catalog code, an object name, a list of characteristics, and other related information.

Oksana Shipunova comments, procurement specialist for 223-FZ and 44-FZ, host of the webinar " » :

“The catalog, no matter how good it is, today is a half instrument. Unfortunately, it includes a very small part of the potential customer needs. But you need to understand that the catalog has been fully operational since January 2017, so it will still 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 using a variety of classifiers, standards, reference books. The catalog is based on OKPD 2, where we can find important information that will help us name our procurement object. Any other classifiers, including international ones, standards, reference books, can also help. If you have not found information anywhere, do not forget about the principle of rationality and comprehensibility. The name of the object of the procurement should not be too general, for example, the name "equipment". But at the same time, the name of the object cannot be too long, too detailed. There is no need to try to cram half of the TK into the description of the procurement object.

If several goods are purchased at once, then it is advisable to indicate the group in the name, and not describe all the products, for example, "Supply of stationery and office paper". For a mono purchase, on the contrary, it is preferable to indicate a specific product, for example, "Delivery of a passenger car". This will allow potential suppliers to quickly find the tenders they need, which will ensure full-fledged competition and the conclusion of a contract on favorable terms for the customer.

If we call our need so 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 sensible name so that we can help customers form NMC (we can use the register of contracts as a source of price information). And, often, a reasonable name predetermines the parameters that we will use when describing the need, for example, to which classifier code we will refer, how we name it, and we will purchase: both from the point of view of methods, and from the point of view of requirements for the participants in the procedure, and from the point of view of the application of the national treatment ”.

The name of the purchased object must be indicated in all main documents:

  1. Schedule. Not only the name itself is prescribed, but also the description of the purchased object (part 3 of article 21 of Law No. 44-FZ). At the same time, it is prohibited to shorten the information. It must be indicated in full.
  2. 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.
  3. Procurement documentation. It is registered regardless of the type of procurement procedure, including the closed type.

Subsequently, the name of the acquired object must be indicated in the contract to be concluded.

What to look for

Remember, it is forbidden to place notifications in the EIS, the name of the acquired object in which 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 appropriate OKPD2, and only 10 ten days after that it will be possible to carry out the purchase. If the customer made a purchase, the name of which does not coincide with the information from the schedule, then a fine will follow: for official it will be 15 thousand rubles, and for a legal one - 50 thousand rubles.

Sometimes unscrupulous customers try to distort the name of the purchased objects so that potential suppliers cannot find the purchase in the EIS. Doing this is strictly prohibited, since this is a clear restriction of competition. The customer will also be held liable for this. Therefore, it is necessary to be extremely careful when drawing up names.

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