How to take a tender for government orders. What are the benefits small and medium-sized businesses receive when participating in public procurement. Public procurement methods

Government orders that scare small businesses

What is the disadvantage of a government order for small business

In times of crisis, the state has become the most reliable and desirable buyer. It would seem that entrepreneurs of all stripes must fight for life and death for the sake of winning various tenders for the supply of their products to government agencies. But practice once again diverged from theory. It turned out that the government order is unprofitable for small businesses and they run away from it.

The reason for this is the structure of the public procurement system in Russia. It forces entrepreneurs to become creditors of the state at the initial stage of state orders. Add all other guarantees here and you will get, according to experts' estimates, an increase in the company's total costs up to 150 percent of the contract value.

“On the one hand, the state strengthens the economic protection of the customer: securing an application, a government contract, and no advance payment,” says Valery Malinovsky, chairman of the public procurement committee of the all-Russian organization OPORA Rossii. - On the other hand, these requirements hinder the participation of business in the state order. Competition is decreasing, corruption is increasing ”.

Currently, companies that have received government orders are often required to provide cash security in the amount of 30 percent of the contract amount. And this is not just a whim of officials. Thus, the state is protected from unscrupulous suppliers. Agree, it is much more difficult for a company to disappear after receiving an advance payment if the customer has an impressive amount of its money in collateral.

The scheme is quite logical and has the right to exist. If not a single but. And this "but" is the fact that the Ministry of Economic Development and anti-monopoly officials, according to Valery Malinovsky, recommend that state customers not pay an advance, so as not to become a victim of fraudsters. As a result, the state receives an interest-free loan from entrepreneurs, the funds for which were withdrawn from the company's turnover. And what does it mean for a small enterprise to take and withdraw a more or less substantial amount from circulation is not worth explaining.

Market participants emphasize that there are cases when a state customer requires a small company to provide a financial security for a contract, and a very large one, but in the end does not even pay an advance. And it turns out that the contractor for several months fulfills the contract exclusively at his own expense (do not forget that part of the company's money is also pledged by the state).

Moreover, the entrepreneur is not free from the risk that the final result will not suit the customer for one or another indicator. In such a situation, tangible financial losses are almost inevitable, even if the entrepreneur has received a very large government order.

However, despite such frightening figures, the interest of small businesses in government orders is very high. Thus, according to preliminary estimates of the Federal Antimonopoly Service, the share of participation of small businesses in state orders is at least 30 percent. At the same time, the legislative quota of small businesses here is set at 10-20 percent.

But analysts are ready to argue with such numbers. For example, Alexey Shestoperov, an expert at the National Institute for Systemic Research of Entrepreneurship Problems, believes that the interest of private entrepreneurs in government orders is low, and one of the reasons for this is the prevailing stereotype of a corrupt system.

“Businessmen think that government orders are a very corrupt area,” says Aleksey Shestoperov. "As a result, they don't see the possibility of winning there."

At odds with the FAS figures and the opinion of the chairman of the board of directors of MTS "Fabrikant.ru" Sergei Gabestro. He is sure that small business is outside the government order, practically not participating in it.

Sergei Gabestro believes that the reason for this situation is the 94th law regulating the issue of public procurement. In his opinion, in order for a breakthrough to occur, this law should be canceled.

“Even the Civil Code can regulate the system more efficiently,” Sergei Gabestro is confident. - The officials got so carried away with the fight against unscrupulous participants that they practically cut off the small and medium business, forcing entrepreneurs to line up in a single queue at Sberbank for a loan. "

According to Alexander Osin, chief economist at Finam Management, the current system reflects, first, the ongoing crisis of confidence in the global economy. Bank rates for small and medium-sized enterprises, for example, are still higher than the pre-crisis levels, and the requirements for the borrower have also tightened. The actual state policy in the field of state orders reflects this trend in the world economy.

Secondly, there are systemic problems in the management of the Russian economy by regulators. They are connected with the fact that in the conditions of the weakening of state control over financial and raw material flows in the Russian economy, the tendencies of the formation of "strong" and "weak" industries are intensifying in it. At the same time, investment capital is concentrated in selected sectors of the economy, these are finance, development, retail, mining and processing of raw materials. The shadow, speculative direction of investments is growing. To solve this problem, some administrative and legislative changes, including in the field of government orders, will not be enough. It is necessary to increase public investment, creating in the manufacturing sector the basis for long-term, direct investments, initially more "transparent" in nature.

“Naturally, up to a certain point, this practice leads to increased competition among small enterprises, their consolidation, in parallel, in the Russian conditions, the corruption component of this process is growing,” emphasizes Alexander Osin. - Its complexity and "non-transparency" support this trend. In the future, we can really get a significant reduction in the activity of investors in state order auctions ”.

As told in one large web studio, which wished not to advertise its name, for them the experience of participation in the state order turned out to be twofold.

“We have won several tenders in Siberia for the development of websites for government agencies,” says the director of the studio. - But these were rather exceptions to the rule. In most cases, government orders were received by other companies, sometimes without a big name and offering more expensive and less technological solutions. At the same time, I cannot say that we made good money on the state order. The profit from these sites was lower than from similar projects created for commercial structures. For us, it was rather a matter of prestige and a reason to loudly declare ourselves in regions where our positions are not the strongest. Whether we will fight for the state order again is still an open question ”.

Entrepreneurs also complain that after their "exposure" in the state order system, various inspection bodies simply break off the chain.

“We took part in the state order several times, and we did not always receive it, but we were always visited by one or another supervisory authority with a regular check,” says the director of a small manufacturing enterprise from Astrakhan. “At the same time, the checks were carried out with special partiality, and they tried to find violations even where they had never been and could not have been.”

Sergey Semyonov

Purchases budgetary institutions, natural monopolies and state-owned organizations are regulated by two main normative acts - law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", as well as the law No. 223-FZ "On procurement of goods , works, services by certain types of legal entities ".

The first regulates all purchases of all government customers and fully prescribes the trading procedure... The second one establishes general principles for conducting procurement, and at the same time describes in more detail purchases from organizations with a state participation of more than 50%, natural monopolies, as well as purchases from budgetary organizations carried out at the expense of extra-budgetary sources.

What should representatives of small and medium-sized businesses pay attention to when preparing for participation in public procurement, based on the requirements of the legislator? Several important notes.

Unified register of small and medium-sized businesses

Article 30 of Federal Law No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" enshrined the obligation of customers to carry out certain purchases only among small businesses (SMEs).

At the same time, purchases are carried out through open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals, in which only SMEs are participants in the procurement. In this case, the initial (maximum) contract price should not exceed 20 million rubles.

The main innovations for SMEs were the maintenance of the Unified Register of Small and Medium Enterprises from August 1, 2016. The NSR register is a publicly available database containing a wide range of information about the NSR in Russia. The information of the Register can be used to confirm that economic entities belong to the SME category, search for counterparties, and develop additional measures to support small and medium-sized businesses.

Differences between 44-FZ and 223-FZ

Unlike purchases under FZ-44, purchases under FZ-223 can only be carried out from small and medium-sized businesses, if such a company is in the Register of SMEs.

The organization will not be able to participate in purchases under Federal Law-223, which are carried out only among small and medium-sized businesses, if information about it is absent in the unified register of small and medium-sized businesses. This is the opinion of the Ministry of Economic Development of Russia in a letter dated December 29, 2016 No. D28i-3468.

Procurement among these persons is regulated by Decree of the Government of the Russian Federation No. 1352 dated December 11, 2014. According to its provisions, participants in procurement under 223-FZ, carried out only among small and medium-sized businesses, must confirm their status with information from the SME register. This rule does not apply to newly created companies and newly registered individual entrepreneurs. They are obliged to submit, instead of information from the register, a declaration of compliance with the criteria for referring to the subjects of the NSR.

If information about the participant is absent in the SMP register or a declaration is not submitted, the customer, on this basis, makes one of the following decisions:

Refusal to admit such participant to participate in the procurement;

On refusal to conclude an agreement with a procurement participant who is the only supplier.

It should be noted that participants in purchases conducted under Law No. 44-FZ among small businesses are not required to confirm their belonging to a small business with data from the SME register. They must submit only a declaration in the application.

Criteria for classification as small and medium-sized businesses

From August 1, 2016 by the Decree of the Government of the Russian Federation of 04.04.2016 No. 265 "On the limit values ​​of income received from the implementation of entrepreneurial activity, for each category of small and medium-sized businesses ”, new criteria for SME income have been established.

When organizations and entrepreneurs were classified as SMEs, instead of the category of proceeds from the sale of goods (works, services), they switched to the category of income from doing business.

The revenue limits are set the same as the revenue limits:

For micro-enterprises - 120 million rubles,

For small children - 800 million rubles,

For medium - 2 billion rubles.

Since the criteria have changed, during the formation of the Register, the category of an enterprise (micro, small or medium enterprise) will be determined on the basis of data on income received from doing business only for the previous 2015, excluding data for 2013 and 2014.

Thus, an organization can be classified as a small enterprise if its total income for 2015 is up to RUB 800 million. At the same time, other conditions must also be met (in particular, the average number of employees for 2015 should not exceed 100 people).

It should be noted that since January 1, 2017, part 8.1 of Article 3 of Law No. 223-FZ also entered into force, according to which in the event of failure to fulfill the procurement obligation from the SMP during a calendar year, the customer within the next calendar year, starting from February 1, is obliged be guided by Law No. 44-FZ. Moreover, this restriction comes into force, provided that:

The customer did not purchase from SMEs in the amount provided for by the Resolution No. 1352 dated 11.12.2014;

The customer indicated inaccurate information in the annual report on the volume of purchases from the SMP;

The customer did not post the annual procurement report from the SMP.

Thus, the latest innovations in the field of procurement mainly concerned the determination and confirmation by organizations of the status of a small entrepreneur in connection with the introduction of the Unified Register of SMEs into operation. This resource allows you to quickly check whether an organization is classified as a SME without checking its constituent composition, average headcount or annual revenue.

Small businesses are often afraid to participate in public procurement: it seems that the procedure is complicated, collecting documents takes a lot of time, and it is unrealistic to win, because the winners are known in advance. We will debunk these myths and prove that public procurement is available to any entrepreneur if everything is done correctly. Biznes.ru has released the first detailed government procurement manual for small and medium-sized businesses.

The only stage of the state order, where it will be difficult to do without narrow-profile specialists, is settlements with the customer and financial statements. But these features are easy, they are inexpensive.

You will have to do the rest yourself. The good news is that things are not as complicated as they seem. We present a step-by-step algorithm with practical advice, life hacks and experience of small companies that have won more than one government order. At the end of the article - a bonus: what to do if the customer does not pay money for the work performed, and how to protect yourself in advance.

Step 1. Decide on the scope of public procurement

Please note: a lot depends on what law the customer is working on. A customer who purchases in accordance with Law No. 44-FZ can choose absolutely any purchase item that he purchases from a small business. Each customer, according to Law No. 223-FZ, approves and posts on the procurement website a list of goods, works and services that he purchases from small and medium-sized businesses.

Goszakupki.ru "," Supplier "

Most often, small companies are involved in procurement where you need to supply food or office supplies. Usually, it is more profitable for customers to work with a small business from their region or city than with a federal company. Don't be afraid to participate in procurement. Regardless of what you produce or what services you provide, there is always a great deal for you.

Is it possible for a beginner to win? Certainly. But for this you need to correctly assess your capabilities. Very often we see that some participants reduce prices below the cost of the project. Yes, they win the tender, and then, realistically assessing their chances of success, they either try to supply products of inferior quality, or they shy away from fulfilling the contract.

Before starting to participate in public procurement, determine the goods or services that you can offer to the customer. Choose the specifics that are familiar to you as much as possible - this will allow you to soberly assess how much you are ready to fulfill a government order and make a profit at the same time. Once you gain enough experience, you can expand your horizons and explore new areas.

Valery Ovechkin, individual entrepreneur, expert on earnings on public procurement

I began to participate in public procurement with small amounts by the standards of a government order - from 300 to 500 thousand rubles. At that time, I was involved in the field of events and organized large events in my city. Then I tried purchasing in other spheres, at first allied ones - renting a stage, lighting equipment, sound equipment. Then I moved on to areas that I had not yet dealt with: the supply of firewood, machine tools, chairs for large public spaces. The main thing that I have understood during this time is that government procurement is a risky business, it is not a “magic pill”. Competitors are constantly added, there are risks of non-payments, but this is the largest market in the country and it is simply stupid not to make money on it.

Step 2. Find a tender

Small and medium-sized enterprises can participate both in procurement, which is carried out exclusively for them, and in any other on a general basis.

Trading procedures are regulated by two Federal Laws - No. 44-FZ and No. 223-FZ. Under 44-FZ there are preferences for small businesses, under 223-FZ - for small and medium-sized businesses. In such purchases, customers are required to set limits for all other applicants for participation. The minimum volume of purchases per year for small and medium-sized businesses under 44-FZ must be at least 15% of the total annual volume of all purchases. For 223-FZ - not less than 18% (Clause 1. Art. 30 44-FZ and clause 5 of the Regulations approved by Decree of the Government of the Russian Federation of 11.12.2014 N 1352. Information on restrictions is indicated in the notice and procurement documentation.

According to 44-FZ, small businesses can also act as a subcontractor for large organizations that won the tender.

Note! According to Law No. 44-FZ, purchases are carried out separately only for small businesses and socially oriented non-profit organizations (SMP and SONO). According to Law No. 223-FZ - for small and medium-sized enterprises (SMEs).

Public procurement notices are posted on the website zakupki.gov.ru. This is a unified information system (UIS) with information on purchases of all state and municipal customers, budgetary and autonomous institutions, unitary enterprises, state corporations and state-owned companies. It is easy to find procedures that are carried out separately for small and medium-sized businesses: click on the “Procurement from SMEs and SONO” tab on the main page of the EIS.

Competitors without small business status will not come to such purchases. This means that your chance to win and get favorable conditions will increase.

The procedure itself, according to the results of which the supplier will be selected, is not carried out in the EIS. From January 1, 2019 the winners are determined by customers only electronically. All competitive procedures for small and medium-sized businesses are carried out at 9 large electronic platforms. To participate in them, you need to be accredited at the sites. For a list of these sites, see the table at the end of the article.

For entrepreneurs who are just starting to master public procurement, it is important to know: before being accredited on the site, you need to register in the EIS. Until you enter information about the company in the register of procurement participants, you will not receive accreditation at the sites, you will not be able to participate in tenders and auctions.

Not all suppliers yet know about Berezka, also known as a single trade aggregator. For small businesses, it is especially useful: in this e-store, federal customers are required to choose their only suppliers. From March 1, 2019 they do all their small purchases here. Moreover, the entire procurement cycle takes place on this site: from the announcement to the conclusion of the contract.

Caution risk! Avoid bidding where the customer initially has his own contractor, and he prescribes all the conditions exclusively for him. The main signs are: too narrow or too broad conditions. For example, a product must have a warranty period of 25 years with a typical 5 years for the product. Getting involved in such a bidding for small companies means losing time, money and nerves.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

State purchases even have their own terminology for this, which appears in judicial practice - "sharpening". This is when the customer prescribes non-competitive conditions in the contract that only his supplier can fulfill. If you have read the terms of the contract and understand in advance that the conditions are not very feasible, and the purchase is deliberately sharpened, it is simply not worth participating in them... It is another matter if, according to the results, you see that the winner is clearly a figurehead, for example, he is not able to fulfill the order. You can fight this absolutely legally and legally. You have the right to file a complaint with the FAS. Complaints are considered for 5 days and an order is issued. If there are indeed restrictions on competition on the part of the customer, the FAS will issue an order to hold the auction again.

Anatoly Maslov, CEO of the Ensign IT company

Even if you win in such a tender, the customer will not let you fulfill it - he will by all means obstruct the fulfillment, make demands in excess of the TOR and make claims on insignificant issues. There is a possibility that the customer will take advantage of the result, but will not pay, accusing the contractor of non-performance of the contract. This threatens with fines and loss of contract security. On one contract, we remained in the minus 300% of the stage price... It is difficult to insure against this if you want to participate in a large number of tenders. Of course, it is worth reading the TK, asking for clarification of the documentation as much as possible before submitting an application. And in no case should you rely on customer loyalty and think about the opportunity to meet halfway.

Alexander Inozemtsev, businessman

I participated in a tender for the supply of training materials. The terms of reference were very simple and in fact, for 2 million rubles, it was necessary to develop six games that would make it possible to find out which of the customer's employees copes well with their duties, and who should be transferred to another position. The yield from the tender could be over 100%. Already at the development stage, the customer said in plain text that it was not me who was waiting for me as an executor.... The terms of reference were not specific, many points put me in an uncomfortable position. As a result, the customer never accepted the job. I had to sue. Six months later, the court sided with me, and the customer paid the money. Since then, I have adhered to the rules of risk diversification: in no case invest in one tender, do not take trades with borrowed funds.

Step 3. Prepare documents for participation in public procurement

The package of documents must be prepared carefully: you can cut off your path to the order if you miss at least one document or submit an expired certificate.

Three mistakes are most often made:

• provide an invalid extract from the Unified State Register of Legal Entities (valid for no more than 6 months);
• documents are not stamped with the organization's seal;
• documents are submitted by an unauthorized person. The right to submit documents is vested in, for example, the general director, executive director. The rest must have a power of attorney that they have the right to represent the interests of the supplier.

Carefully fill out the application form No. 2 (information about the product). As a rule, the customer gives detailed instructions. You need to observe it for each item. In practice, due to an incorrectly completed application, about 50% of applicants are not admitted to public procurement.

In order not to make mistakes in the application form No. 2, hire specialists who have extensive practical experience in such work. They will carefully analyze the customer's documentation. These services are inexpensive on the market.

Along with the package of documents, provide the customer with the passport data of the head of the organization that participates in the public procurement. Formally, the electronic platform will accept them according to the rules only from January 1, 2019, while the law obliges them to be provided now. We recommend that you do this without fail, otherwise your application may be rejected.

Check if your organization or the director of the organization is on the registry of unscrupulous suppliers. The customer most often puts a requirement for the participants - absence from this "black list". If you are actively involved in procurement, one of the customers could have included your company in it, but you were not informed. You can check if everything is in order with the accounting department using.

If your company participates in auctions that are conducted exclusively for small businesses under Law No. 44-FZ, you must confirm your status with a declaration (part 3 of article 30 of Law No. 44-FZ). Participation in the status of small and medium-sized businesses under Law No. 223-FZ is confirmed by a declaration and information from the register of small and medium-sized businesses (clause 31 of the Decree No. 1352 dated December 11, 2014). In any case, you need to be in the register of SMEs: if the customer does not find your company on ofd.nalog.ru, he will reject the application.

Step 4. Prepare the application security

Securing the application is a kind of collateral for participation in the procurement. According to law No. 44-FZ with an initial contract price of 1 million rubles. and below, customers may not require security for applications. In purchases under Law No. 223-FZ with an initial price of 5 million rubles. and below, customers should not require security for applications.

How exactly to provide collateral - in cash or bank guarantee, each participant decides for himself. If the customer requires to secure the bid, then the amount of the security should not exceed 5% of the initial maximum price of the tender. In purchases under 44-FZ with a "starting" price below 20 million rubles. the maximum amount of collateral is 1%.

If the procurement participant decided to provide the application with money, you need to open a special account in one of the authorized banks. Without this, there will be no access to trading. The bank in which you can open a special account, choose from the list Government orders dated 13.07.2018 No. 1451-r.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

Some small business owners are frustrated by the need to provide application security. And there is no need to be afraid. Even if you lose the competition, the collateral will be returned to you... The money against the security of the application can be taken from the company's turnover or borrowed for a while. Such services are also provided on the electronic platforms themselves for a small percentage. Banks issue so-called bank guarantees at a low interest rate, and registration takes from 1 to 7 days.

Another opportunity to get money to secure an order is to take advantage of the possibilities of crowdfunding platforms. Here you can get the necessary funds to participate in public procurement without contacting banks, while the procedure itself is simplified as much as possible. An example of such a platform is Penenza.ru.

Galina Kharnakhoeva, crowdfunding platform Penenza.ru

In 2017 and the first half of 2018 on Penenza.ru, we issued 14,000 loans to representatives of small and medium-sized businesses to participate in government tenders in the amount of RUB 14.7 billion. The most popular loans and, accordingly, state tenders - for construction and repair work, for the supply of food, drinks, clothing and other products of manufacturing industries, for services for the maintenance of buildings and territories, security and other administrative and economic services. The most common loan for participation in a state tender - for an amount of up to 1 million rubles... Peaks of requests are April and November.

Step 5. Go through the public procurement procedure

From January 1, 2019, all trades in accordance with Laws No. 44-FZ and No. 223-FZ will be conducted exclusively in electronic form. This will make the procedure more transparent and fair.

All purchases for small and medium-sized businesses are carried out only in a competitive way in four forms: competition, auction, request for quotations and request for proposals. To find out exactly how each procedure goes, click on the orange blocks:

How is the competition in electronic form?

1. The customer enters the purchase into the schedule.
2. The customer prepares a draft contract, which includes a mandatory condition for payment to the contractor.
3. The customer places in a unified electronic system a notice, procurement documentation and a draft contract.
4. The customer accepts applications from the procurement participants. The procedure takes place in two stages. At the first stage, participants submit quotations, lowering the initial contract price. At the second stage, all participants, except for the leader, have the right to improve their price offers. After the competition at the site has passed, the results are sent to the customer. They are considered by the commission of the customer. If the leader's application meets the requirements of the documentation, the customer recognizes him as the winner.
5. The parties conclude a contract. This happens after the winner has deposited the contract security - from 5 to 30% of the initial contract price. The contract is signed on the electronic platform.

How are the auction and request for proposals in electronic form?

1. The customer places a notice in the unified information system and indicates the timing of the stage. All auction participants are subject to uniform qualification requirements, which are prescribed in the procurement documentation.
2. Participants fill out applications, prepare documentation. In this way, they confirm that they meet the qualification requirements.
3. The customer rejects applications from companies that do not meet the established requirements.
4. Eligible participants submit their quotations. To do this, on the set day and time, they go to electronic platform and take part in an electronic auction or request for proposals procedure.
5. The winner checks the customer's draft contract, signs it with a qualified electronic signature and, together with a bank guarantee or payment order, sends it to the customer through the operator of the electronic platform.

How is the request for quotations in electronic form?

An important difference between a request for quotations and other forms of bidding is that a company does not need to have a bid security to participate. In addition, the organizer does not have the right to demand from the participant any documents, except for the application in the prescribed form.

This form implies that the contract is received by the participant who will offer the lowest price for its implementation. The contract price should not exceed 500 thousand rubles. The customer shall place the notice of the bidding in the public domain.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

There are situations when, at the last stage, the supplier realizes that he cannot participate in the tender. For example, you planned to supply a product whose price is tied to the dollar exchange rate. We submitted all the documents, an application for bidding, but suddenly the dollar rate jumped seriously. You understand that this government order will become unprofitable for you and you will not be able to fulfill your obligations. How to avoid the consequences in this case? You can refuse to continue to participate in the auction, but in this case you will lose the amount that you transferred as security for the purchase... But, more often than not, it's better than not fulfilling a million dollar contract, pay penalties and forfeit and get into the register of unscrupulous suppliers.

Step 5. Submit a complaint to the FAS if the customer violated the rules for public procurement

If you realized that the customer was wrong at one of the stages of the public procurement, file a complaint with the FAS. This can be done on paper or using an electronic application with a digital signature. You can send an application in four ways: through the official website of the service, through the website of "Gosuslugi", by mail [email protected] or a letter to the address 125993, Moscow, st. Sadovaya-Kudrinskaya, 11. Be sure to indicate in the document:

• information about the applicant, including postal address, e-mail, telephone;
• information about the person whose actions or decisions are appealing;
• purchase number, unless you appeal against the actions of the operator of the electronic site;
• the reason for the request;
• documents confirming the arguments of the applicant;
• list of attached documents.

Sign the application with an electronic signature if you are submitting a complaint in electronic form.

Bonus: What to do if the customer does not pay money for the work performed and how to protect yourself in advance

Even an honest entrepreneur who fulfills all procurement requirements may face such a problem: the customer accepts the work, but does not pay the money. The arguments are usually as follows: there is nothing to pay, the company is municipal, the limits were simply revoked.

Andrey Mikhailov, General Director of the FELIX company

In 2015-2016, we were engaged in the supply of furniture to the facilities of the Vostochny cosmodrome and the city of Tsiolkovsky. The total amount of the signed contracts exceeded 1 billion rubles. We supplied a significant part of the furniture, but due to internal problems the customer never paid for it. To fulfill large orders, small businesses have to take loans from banks and pay them out of the money that the customer pays for the work performed. Therefore, a delay in payment for a government order or non-payment can put an entrepreneur in a very difficult financial situation.

What to do in this case? Submit a legal claim that if you fail to pay, you will demand a forfeit. Small business contracts must pay on time. For example, under Law 44-FZ - within 15 working days (clause 8 of article 30 of Law No. 44-FZ), under Law No. 223-FZ - within 30 days. If there is no in-house lawyer, contact outsourcers.

Irina Sklyarova, editor-in-chief of the magazines "Goszakupki.ru", "Supplier"

In the contract, each customer is obliged to prescribe the responsibility of the parties in case of default. This applies not only to the party who performs the service under the contract or supplies the goods, but also to the responsibility of the customer himself to pay for the work performed on time. This clause of the contract includes interest and fines. So carefully read the draft contract before participating in the procurement

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The official website of the unified information system in the field of procurement is designed to provide free and free access to complete and reliable information about the contract system in the field of procurement and procurement of goods, works, services, certain types of legal entities, as well as for the formation, processing and storage of such information.

The procedure for posting information on the UIS Official website and its content is regulated by the Federal Law dated 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" and Federal Law dated 18.07.2011 No. 223- Federal Law "On the procurement of goods, works, services by certain types of legal entities", as well as the corresponding by-laws.

The unified register of small and medium-sized businesses is posted on the official website of the Federal Tax Service (FTS of Russia).

The register includes information on legal entities and individual entrepreneurs that meet the conditions for classifying them as SMEs, contained in state registers of legal entities and individual entrepreneurs, tax accounting data.

SMEs, on a declarative basis, have the right to include in the register information about their products, their experience of participating in procurement, and participation in partnership programs with major customers.

Information on the belonging of an economic entity to the category of SMEs is updated annually on August 10. Part of the information (on newly created legal entities, newly registered individual entrepreneurs, on the exclusion of information on legal entities, individual entrepreneurs that have ceased operations, on changes in the individualizing entrepreneur data, on data that the SME entity additionally enters into the register) is updated monthly.

The information and analytical system Business Navigator SME was created by the SME Corporation in order to provide entrepreneurs with marketing and information support. It includes marketing tools aimed at reducing market risks when opening and expanding a business by disclosing available market niches and calculating on a systematic basis sales potential and financial and economic indicators.

In the SME Business Navigator, 90 most common types of localized business were selected, mainly services, in such areas as catering, retail trade, consumer services, services, etc. marketing strategies, investment and operating costs, financial and economic results and return on investment. In total, about 300 sample business plans have been developed.

The basic function of the SME Business Navigator is also to provide one-window access to information on all types of federal, regional and municipal support for entrepreneurs, financial and credit products.

With the SME Business Navigator, you can

• Choose a business
• Calculate an approximate business plan
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Information and communication service for SMEs "TASS-Business"

The Russian Information Agency TASS, in partnership with the SME Corporation JSC, has launched a number of free services for SMEs using the new modern online business communications platform TASS-Business.

SMEs have access to services for a quick comprehensive check of counterparties for more than 15 parameters; convenient search for purchase announcements; posting actual contacts and announcements about your company; analytical support.

For large companies, TASS-Business offers services that facilitate the search and interaction with potential suppliers, which will help make the procurement activities of such companies, including those with state participation, more efficient.

To participate in trading on electronic trading platforms, you must use an electronic digital signature (ES). Customers and suppliers exchange electronic documents, which confirm the certain responsibility of the parties for the actions performed in the system. The legal significance of these documents is ensured by electronic signature(EP). With the help of it, electronic documents receive the same legal force as traditional, paper documents signed with their own hands. The legitimacy of the use of electronic signatures is regulated by the Federal Law Russian Federation dated April 6, 2011 N 63-FZ "On electronic signature".

EP allows:

The state provides special benefits for small and medium-sized businesses. In order to develop and maintain this area, tax, financial and administrative incentives are provided.

Small businesses- these are commercial organizations (legal organizations and individual entrepreneurs) that carry out their activities for the purpose of making a profit. At the same time, non-profit organizations, unitary municipal or state institutions cannot be attributed to this category of entities, even if they meet the requirements for SMEs in terms of annual revenue and the number of employees.

Which organizations belong to the SMP

For business entities and partnerships, at least one of the requirements of clause 1 of part 1.1 of Art. 4 209-FZ. If the organization meets one of the listed conditions, then indicators of revenue and the average number of employees are considered.

The Federal Law "On the Development of Small and Medium-Sized Businesses in the Russian Federation" dated 24.07.2007 N 209-FZ regulates the basic requirements under which an organization can be classified as an SME. In 2017, some changes were made to these requirements, thereby allowing a larger number of organizations to comply with the status of a small or medium-sized business entity.

Graduation of enterprises and limits established in each of the groups:

Micro-enterprise: the amount of annual revenue excluding VAT should not exceed 120 million rubles, and the number of employees should be no more than 15 people.

Small business: the amount of annual revenue is no more than 800 million rubles, the number of employees is no more than 100 people.

Medium enterprise: revenue excluding VAT for the year - up to 2 billion rubles, and the average number of employees does not exceed 250 people.

The same categorization rules apply to individual entrepreneurs. If individual entrepreneurs do not have employees, then the criterion will be only the size of the received revenue for the year. When using the patent taxation system, an individual entrepreneur is referred to as a micro-enterprise.

All SMEs are entered into the Register of Small Business Entities, which is maintained by the Federal Tax Service, on the basis of:

information from the Unified State Register of Legal Entities, EGRIP;

information provided to the Federal Tax Service on the number of employees, revenue from entrepreneurial activities and the use of special tax regimes, in the reporting established by the legislation of the Russian Federation;

information provided by persons specified in clause 2 of Art. 6 FZ No. 408-FZ;

information provided by legal entities and individuals entered in the register of the NSR.

More detailed information can be obtained on the FTS website, including look.

With regard to government and commercial procurement, small businesses also have a number of advantages over other participants.

Purchase from small businesses, SONKO 44-FZ

State purchases under 44-FZ from small and medium-sized businesses are regulated by Art. 30 44-FZ.

For customers working in accordance with the law "On the contract system", a number of requirements are put forward regarding the implementation of purchases from small businesses and socially oriented non-profit organizations.

According to Part 1 of Art. 30 44-FZ, customers are required to carry them out in the amount of at least 15% of their annual purchases. Such trades can be carried out in the following forms:

open competition;

limited participation competition;

two-stage competition;

electronic auction;

request for quotes;

request for proposals.

At the same time, the initial maximum contract price should not exceed 20 million rubles.

Also, a positive point in purchases carried out only among small businesses and socially oriented non-profit organizations is that the amount of security for an application for participation is set at no more than 2% of the NMCK. For comparison, in other purchases, the customer has the right to establish the security of the application in the amount of up to 5% of the contract price.

Involvement of SMP or SONKO in the execution of a contract

When conducting a procurement, the customer has the right to establish in the notice a requirement for a contractor who is not a SMP or SONKO, to involve a subcontractor or co-executors from the register of small businesses in the execution of the contract.

In this case, it is indicated what percentage of work (of the contract value) was carried out with the involvement of a subcontractor from among the SMEs, SONKO, and this part is credited to the customer in the volume of purchases for the reporting period made from small businesses and SONKO.

In the contract of such a tender, a clause on the civil liability of the contractor for failure to comply with the conditions for involving a subcontractor from the SMP, SONKO is mandatory.

The Government of the Russian Federation may establish standard terms of contracts providing for the involvement of SMEs (small and medium-sized businesses) in execution.

Advantages:

1. the contractor must pay off the subcontractors and co-contractors involved from the SMP and SONKO within 15 workers days from the date of signing by him of the document on acceptance of services, works or goods from the subcontractor. Previously, this period was 30 calendar days.
2. the changes affected clause 1 of the Government Decree of December 23, 2016 No. 1466, now the customer sets a fixed percentage of the contract price to indicate the volume of attraction of the NSR or SONKO.

Calculation of the volume of purchases from SMP, SONKO according to 44-FZ

money to secure the application must be deposited into a special bank account;

the contract with the winner of the purchase is concluded in electronic form on the site (the paper version is not applied).

Terms of publication of notices of procurement:

Competitions and auctions:

if the NMCC is up to 30 million rubles, then at least 7 days;

with NMCK more than 30 million rubles - in 15 days.

Request for proposals- within 5 working days (NMCC should not exceed 15 million rubles).

Request for quotes- for 4 slaves. days (NMCK should not exceed 7 million rubles).

Schedule of purchases from SMEs

Customers who are included in the category according to PP No. 1352 must calculate the total trading volume among SMEs, then they must approve the list of goods and place it in the EIS. If this action is not implemented, then purchases from small and medium-sized businesses under 223-FZ will not be able to be carried out.

In the procurement schedule, the customer must, in separate sections, reflect and approve the goods, works or services that he will acquire by holding tenders only among the SMEs. Participants in such tenders in the application must declare their belonging to the NSR, at the moment the form is unified and the same for everyone.

The initial maximum price of a purchase carried out only among participants in small and medium-sized businesses should not exceed 400 million rubles.

Also, a certain group of customers, approved by the order of the Government N 475-r, must procure innovative and high-tech equipment from small businesses.

According to Art. 5.1 223-ФЗ in relation to certain categories of customers, control and monitoring of the compliance of procurement plans and annual reports with the requirements of the legislation of the Russian Federation on procurement from SMEs is carried out. Conformity assessment is carried out as part of checking the draft plan for the procurement of goods, works or services, the draft procurement plan for innovative and high-tech products and projects for making changes to such plans, prior to the approval of these plans.

Monitoring is carried out already according to the procurement plans approved by the customer and the changes made to them.

Based on the results of the inspection and monitoring, a conclusion is issued on the compliance or non-compliance of the documents being checked with the requirements of the legislation of the Russian Federation. If violations are identified, the customer needs to eliminate them or place a protocol of disagreements to this notification in the EIS. Otherwise, the implementation of the procurement plan of this organization may be suspended by the antimonopoly authority.

Procurement report from SMEs

At the end of the month, each customer must draw up a report, which will contain information on his purchases from SMEs, and no later than the 10th day of the month following the reporting one, place it in the EIS. (Clause 4, Part 19, Article 223-FZ)

By February 1 of the following year, the customer must publish in the EIS an annual report in the prescribed form, with information on the annual volume of purchases from small and medium-sized businesses.

Important: in the event that the customer did not carry out the required volume of purchases from small and medium-sized businesses during the calendar year, or posted a report with incorrect data or did not post it at all in a unified information system, then appropriate sanctions are imposed on such an organization, namely - it is deprived of the privileges of procurement under 223-FZ and from February 1 until the end of the year following the reporting year, it will be obliged to conduct tenders only within the framework of 44-FZ.

As for the submission of reports by companies operating under 223-FZ, but not obliged to make purchases from the NSR, these companies also submit monthly reports on the number of contracts signed with the NSR, in which they indicate the number of such contracts, if they are absent, they simply prescribe the value 0. At the same time, organizations that do not fall under the Government Decree No. 1352 do not have the right to indicate in the documentation a restriction on participation in tenders only for small and medium-sized businesses, because this will already be considered a restriction on competition.

Annual report on purchases from SMEs of enterprises with revenues of less than 2 billion rubles. should not publish, even if such tenders were held.

Suppliers related to SMEs

Now they have canceled the benefits for procurement participants related to small and medium-sized businesses. But at the same time, there are restrictions that do not allow participation in the procurement carried out for SMEs.

Ltd IWC"RusTender"

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