Annual volume of purchases from SMP and Sono. Annual volume of purchases from SMP and Sono Who is Sono

  • On 10/07/2018
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  • 44-FZ, EIS, Purchases from sole supplier, Request for quotations, Request for proposals, Competition, SMP, ETP

Now there is a lot of new things in the field of public procurement - ETP, electronic methods for identifying a supplier, a mechanism for securing applications. But the customer’s obligation to conclude part of the contracts with SMP and SONO remains unshakable. The material clearly outlines all the necessary information you need to know to make purchases from small businesses.

Who is SMP

SMP is small businesses. These include small and micro-enterprises, including individual entrepreneurs. The criteria for inclusion in the SMP are regulated Law 209-FZ of July 24, 2007(Table 1).

Table 1. Who is considered an SMP

Who is SONO

SONO (SONKO) - socially oriented non-profit organizations. NPOs operate in accordance with Law No. 7-FZ of January 12, 1996. However, not all NPOs are socially oriented, but only those that carry out activities aimed at solving social problems and the development of civil society (Article 2, paragraph 2.1). As well as activities from Article 31.1 of Law No. 7-FZ.

Registration in ERUZ EIS

From January 1 2020 year to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

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

In particular, SONO are engaged:

  • social services and support of citizens;
  • providing assistance to victims of natural disasters;
  • environmental protection and animal welfare;
  • activities in the field of education, science, art, healthcare;
  • provision of legal assistance on a free or preferential basis.

This is not all, but only a small part of the activities of socially oriented NPOs.

How SMP and SONO confirm their compliance

If the customer announces a purchase for SMP and SONO, then suppliers must confirm that they have the right to participate in it. For this purpose, the application includes a special declaration of ownership to this category. For electronic procedures, it can be generated directly on the ETP or attached to the application as a separate document. In the declaration, the participant confirms that he meets all the criteria established for his category.

Customers are also recommended to check the participant’s membership in the SMP through the search in a special Register on the Tax Service website. To check, just enter the TIN or the name of the applicant into the search bar.

Information on procurement from SMP and SONO in 2019

The following table clearly outlines the data on purchases from small businesses for 2019.

Table 2. Purchase from SMP and SONO in 2019

How much should I buy? 15% from SGOZ. Less is not allowed, more is not prohibited
How is the volume distributed between the SMP and SONO? In any ratio. You can purchase everything from SMP and nothing from SONO, and vice versa
What happens if you buy less? Fine for contract manager 50 thousand rubles
Maximum contract price with SMP/SONO 20 million rubles
SMP / SONO preferences
  1. Accelerated payment terms for completed contracts ( 15 working days from the date of acceptance).
  2. Reduced ETP fee (maximum 2 thousand rubles) - set by sites
How can you gain the required volume?
  1. Announce purchases for SMP and SONO.
  2. Conclude contracts with such entities based on the results of regular procurement.
  3. Oblige performers to involve subcontractors from SMP and SONO
What to do if the procurement for SMP and SONO did not take place? Remove the restriction and allow participants not from among the SMP / SONO. Such a contract will not be included in 15% of the SGOZ
Do I need to place it in the EIS? Yes, until April 1 next year

Volume calculation algorithm

You need to purchase from SMP and SONO not less than 15% of the SGOZ. This is the entire volume of purchases for the current year, which does not include some of their types. See the following diagram for calculation details.

Scheme. How to calculate the volume of purchases from a small business

*When calculating the current year's SDP, it is necessary to take into account contracts moving from one financial year to another. And take into account only that the amount that payablethis year.

Let’s say the contract was concluded in 2018, and will be executed and paid in 2018 and 2019. So, the part of the contract paid in 2018 should be included in the State Defense Contract for 2018. And the part that will be paid next year will go to the 2019 State Defense Fund.

Pay attention! From 2019, when calculating the total volume of purchases, it will be necessary to take into account contracts with a single supplier concluded as a result of failed electronic tenders, as well as requests for quotations and proposals in electronic form.

Hello, tell me what sanctions await the municipal budgetary institution if SMP fails to comply with 15 percent under 44-FZ? I am interested in calculating the SMP according to 44 Federal Laws. fines under 44 Federal Law Collapse Victoria Dymova Support employee Pravoved.ru Similar issues have already been considered, try looking here:

  • Is it possible to pay a fine under FZ 44 in installments?
  • For what period of time can a fine be imposed under 44-FZ, during an inspection in 2017?

Lawyers' answers (3)

Purchases under SMP according to 44-FZ

The specified volume is taken into account in the volume of purchases made by customers from small businesses, socially oriented non-profit organizations in accordance with Part 1 of this article, and is included in the report specified in Part 4 of this article. Contracts should also include prerequisite on the civil liability of suppliers (contractors, performers) for failure to fulfill the conditions for involving subcontractors, co-executors from among small businesses, and socially oriented non-profit organizations in the execution of contracts.

(Part 6 as amended by Federal Law dated June 4, 2014 N 140-FZ) (see text in the previous edition) 7.

What does SMP mean under 44-FZ and what you need to know about their participation in government procurement

Attention

It is important to remember that for providing false information, the contract with the winner may be terminated at the discretion of the customer. Administrative liability for non-compliance with the legislation on placing an order with SMP is determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:

  • violation of deadlines for posting information in a single information system procurement during a competition or auction for less than two days is subject to a fine of 5 and 15 thousand.

rubles for individuals and legal entities, respectively;
  • in case of violation specified period for more than two days the fine is 30 and 100 thousand rubles;
  • violation of the deadline for posting information when requesting quotes or proposals from small businesses for no more than 24 hours - 3 and 10 thousand.
  • Small businesses under Federal Law 44

    Such agreements also fall into the total number of agreements concluded with SMP (15%). The result in numbers: 30% is the size of the maximum advance as part of supporting small businesses. Experts from the Entrepreneurship Support Center, having studied all existing small business support programs, using accumulated experience, and close interaction with various government agencies, have developed a unique scheme of work for comprehensive support of government and commercial tenders for small businesses, under the terms of which you will receive profitable contracts with advance payment and all possible advantages, as well as minimal costs! Contact us, tell us about your business or idea and we will help you realize the project of your dreams! The main advantages of purchasing from SMP and SONO according to 44-FZ The Federal Law applies the designation SMP - “Small Business Entity”.

    Purchases from small businesses

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    SMP stands for “small business entity”. As for SONCOs, the decoding according to 44-FZ also does not differ from the generally accepted one - these are socially oriented non-profit organizations.

    You can often come across the abbreviation SONO; it stands for exactly the same. These are the ones that will be discussed in this article. Who are SONCOs So, let’s take a closer look at the question “SONCOs – what kind of organizations are they?”

    Let us turn to the definition of Federal Law No. 7 of January 12, 1996. These are structures that are engaged, for example, in such activities (the entire list can be found in paragraph.

    Purchases from SMP and Sono under 44 Federal Laws

    Important

    In this case, the volume of such purchases is taken into account in the volume of purchases made by customers from small businesses and socially oriented non-profit organizations in accordance with Part 1 of this article, and is included in the report specified in Part 4 of this article. (Part 1.2 introduced by Federal Law dated June 4, 2014 N 140-FZ) 2. This article applies to socially oriented non-profit organizations (with the exception of socially oriented non-profit organizations whose founders are Russian Federation, subjects of the Russian Federation or municipalities), carrying out, in accordance with the constituent documents, the types of activities provided for in paragraph 1 of Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”.


    ConsultantPlus: note.

    Fine for SMP under 44-FZ

    In such a report, the customer includes information about concluded contracts with small businesses and socially oriented non-profit organizations, as well as information about the failed identification of suppliers (contractors, performers) with the participation of small businesses and socially oriented non-profit organizations. (as amended by Federal Laws dated December 28, 2013 N 396-FZ, dated June 4, 2014 N 140-FZ) (see
    text in the previous edition) 4.1. The procedure for preparing the report specified in Part 4 of this article, its placement in the unified information system, and the form of the said report are determined by the Government of the Russian Federation. (Part 4.1 introduced by Federal Law dated June 4, 2014 N 140-FZ) 5.

    Sonko in the contract system

    Info

    • social services for citizens;
    • social support and protection;
    • assistance in overcoming the consequences of natural disasters;
    • measures to prevent socially dangerous behavior;
    • environmental protection;
    • animal protection.

    It is important to remember that if an organization is engaged in similar activities, but its founders are the Russian Federation, constituent entities of the Russian Federation or municipalities, it will not be considered a socially oriented non-profit. Features of participation in procurement under 44-FZ Law on contract system considers them also as Federal Law No. 7.

    SMP and SONKO participate in government procurement according to the same rules. For them, in order to support small businesses, benefits are provided (Art.

    30 44-FZ). Government customers are required to enter into contracts with them, the total amount of which will be at least 15% of the total annual volume.

    If procurement from SMP or SONCO is declared invalid, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONPO, and carry out procurement on a general basis (Part 4 of Article 30 of Federal Law No. 44). The customer has the right to establish in the procurement notice a requirement for the supplier (executor, contractor), who is not an SMP or SONCO, to involve subcontractors, co-contractors from among the SMP, SONCO in the execution of the contract.

    In this case, the condition on the involvement of subcontractors, co-executors from among the SMP, SONCO in the execution of contracts is included in the contracts indicating the volume of such involvement, established as a percentage of the contract price.

    The previous edition of 44-FZ did not provide for any restrictions regarding the timing of payment for goods supplied or services provided under government contracts. The customer could set this parameter based on his own interests.

    On May 1, 2017, 83-FZ came into force, which establishes strict payment deadlines for all contracts concluded state enterprises. Payment options under the agreement Payment terms are one of the most important points of the agreement. Each document must specify not only the full contract amount and currency, but also the time during which the customer is obliged to pay it. Several payment options are available:

    1. One-time.
      It implies full settlement with the supplier after he fulfills his obligations.
    2. Advance payment.

    Responsibility for SMP under Federal Law 44

    Payment terms for contracts concluded on a general basis According to Part 13.1 of Article 34, the customer must pay for what he received within government contract goods or services no later than 30 days from the date of provision of documents confirming the fact that the supplier has fulfilled its obligations. Such documents include the acceptance certificate, delivery notes, invoices, and so on.
    The law provides for the possibility of derogating from this rule. This is only permissible for situations established by the Russian Government. For example, a different payment period is established for purchases to ensure the country’s defense capability. Payment terms for SMP If the notice states that only small businesses can participate in the procurement, then Part 8 of Article 30 of 44-FZ applies.

    Responsibility of the parties for SMP under 44 Federal Laws

    Standard terms of contracts providing for the involvement of subcontractors, co-executors from among small businesses and socially oriented non-profit organizations in the execution of contracts may be established by the Government of the Russian Federation. 8. If the notice of procurement establishes restrictions in accordance with Part 3 of this article, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition that the customer pay for the goods supplied, the work performed (its results) , the service provided, individual stages of contract execution no more than fifteen working days from the date the customer signs the acceptance document provided for in Part 7 of Article 94 of this Federal Law.

    What is SONO - we will decipher it and tell you who is included in them and who can become one, what forms SONO involves and what percentage of the annual procurement volume needs to be purchased from SONO.

    From this article you will learn:

    • what is SONO;
    • forms and types of activities of non-profit organizations;
    • who can become them;
    • how to calculate the minimum purchase volume;
    • on procurement under 44-FZ.

    Sono - what is it? Decoding according to 44-FZ

    WITH socially O oriented n non-commercial O organizations or SONO are non-profit organizations created in the forms provided for by Law No. 7-FZ (with the exception of state corporations, state companies, public associations that are political parties) and carrying out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as the types of activities provided for in Art. 31.1 of Law No. 7-FZ. This definition contained in Part 2.1 of Art. 2 Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” (hereinafter referred to as Law No. 7-FZ.

    SONO is an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants (Part 1, Article 2 of Law 7-FZ).

    New payment terms have been introduced for SMP and SONO subcontractors

    The government has reduced the terms of settlements with SMP and SONO on subcontracts to 15 working days. Correct the draft contracts under which you oblige the contractor to subcontract SMP and SONO. From October 18, new standard contract terms will apply. The changes were made by Government Resolution No. 1226.

    Details in the article »

    SONO forms and activities

    Only an organization with a certain form and type of activity has the right to receive the status of a socially oriented non-profit organization.

    SONO may have one of the following forms:

    • institution;
    • non-profit partnership;
    • public or religious organization, association;
    • community of indigenous peoples of the Russian Federation;
    • Cossack society;
    • autonomous non-profit organization;
    • social, charitable and other foundation;
    • association and union;
    • other forms provided for by federal laws.

    The legislator clarified that benefits are provided to SONOs whose founders are not the Russian Federation, a subject of the Russian Federation, or a municipal entity. At the same time they:

    • solve social problems;
    • develop civil society in the Russian Federation;
    • are engaged in social services, social support and protection of citizens;
    • prepare the population to overcome the consequences of natural disasters, environmental, man-made or other disasters, and prevent accidents;
    • provide assistance to victims of natural disasters, environmental, man-made or other disasters, social, national, religious conflicts, refugees and internally displaced persons;
    • guard environment and protect animals;
    • protect and maintain objects and territories of historical, religious, cultural or environmental significance, burial sites;
    • provide legal assistance free of charge or on a preferential basis to citizens and non-profit organizations and educate the population on legal issues, protect human and civil rights and freedoms;
    • and much more.

    All this is stated in Part 2 of Article 30 of Law No. 44-FZ.

    Three typical errors in the procurement report from SMP and SONO

    Let's look at three typical mistakes when preparing a report on purchases from small businesses. We are talking about mandatory annual purchases from SMP or SONO in the amount of at least 15% of SGOZ. Such purchases must be reported before April 1, 2018.

    See the article

    Who can become SONO

    Socially oriented non-profit organizations cannot become:

    In support of its activities, SONO will submit the following documents in 2018:

    • copies constituent documents to check the compliance of the types of activities specified in them with the types of SONO provided for in paragraph 1 of Article 31.1 of Law No. 7-FZ;
    • an extract from the Register of socially oriented non-profit organizations, which lists the recipients of support.

    At the same time, support in the form of purchases from SONO does not apply to SONO whose founders are the Russian Federation, constituent entities of the Russian Federation or municipalities (Part 2 of Article 30 of Law No. 44-FZ).

    Purchases from SONO and SMP

    The customer is obliged to purchase goods, works, and services from SONO and small businesses in an amount of at least 15% of the total annual procurement volume. If you do not select the required volume, the official will be fined 50,000 rubles. (Part 1, Article 30 of Law No. 44-FZ, Part 11, Article 7.30 of the Code of Administrative Offenses of the Russian Federation).

    There is no list of goods, works or services that the customer purchases from SONO and small businesses. The customer selects any procurement item. This was stated in No. D28i-79 dated January 15, 2015.

    At the end of the year, the customer prepares and places in the Unified Information System a report on the volume of purchases from SONO and SMP.

    In addition to regular tenders, there are special tenders, which are allocated exclusively to small businesses for participation. Such purchases have additional requirements and benefits for suppliers. For the convenience of suppliers, we provide contract services according to any, even the narrowest, criteria.

    Purchases from Small Business Entities can be carried out by customers in any way and in any form, but in an amount of at least 15% of the total annual volume of concluded contracts. In order to comply with the standard, Federal Law 44 provides for 3 mechanisms.

    Firstly, a procurement volume of 15% can include contracts concluded with SMP, which won the procurement carried out among all suppliers (for example, a regular purchase was announced, and SMP won it);

    Secondly, procurement, the participants of which can only be SMP. These are competitive procurements, for which a list of goods, works, and services is approved (see below). Agreements based on the results of these purchases fall into the standard of 10% of purchases only from SMP;

    Thirdly, contracts concluded by participants (executors, contractors) with co-executors from among the SMP are used to account for the fulfillment of the standard. That is, contracts concluded as a result of procurement, in which there was a requirement for the winner that in order to fulfill the contract he must attract subcontractors from among the SMP. Such agreements also fall into the total number of agreements concluded with SMP (15%).

    As you can see, there are strict regulations for the customer regarding the placement of such contracts and further reporting on them. It is for this reason that we recommend paying attention to bidding for small businesses first of all - they are much more profitable and transparent. For convenience and quick navigation, there is a section among the most profitable contracts -.

    Result in numbers:

    30%

    is the size of the maximum advance as part of support for small businesses

    The experts of the Entrepreneurship Support Center, having studied all existing programs to support small businesses, using the accumulated experience, and close interaction with various government agencies, have developed a unique scheme for working on government and commercial tenders for small businesses. You will receive profitable contracts with an advance payment and with all possible advantages, and also at minimal cost!

    Contact us, tell us about your business or idea

    And we will help you realize the project of your dreams!

    The main advantages of purchasing from Small Businesses and Socially Oriented Non-Profit Organizations under 44-FZ

    The Federal Law applies the designation SMP - “Small Business Entity”. The format for participation in procurement is described in detail in, within the framework of which customers are required to conclude at least 15% of all contracts from the total volume of concluded transactions with SMP. At the end of the year, by April 1, customers place in the Unified Information System data on tenders allocated for SMP for the entire past year. The report is allowed to include only those purchases in which the advantage for the NSR was stated and these tenders took place. If the quota is not met, the organization will receive a substantial fine!

    SMP can participate in any tender if the organization meets the customer’s criteria and is able to fulfill the terms of the contract. Tenders that the customer is required to place exclusively for small businesses have a number of benefits. This means that there will be no large or medium-sized organizations among the participants. If they want to participate, the commission will definitely reject them. NMCC purchases from SMP under 44 Federal Laws cannot exceed 20 million rubles. To submit an application, suppliers attach . And since 2017, an extract from the Federal Tax Service from the new Unified register SMP.

    Result in numbers:

    2%

    is the amount of maximum support within the framework of support for small business representatives

    Benefits for tenders for small businesses under Federal Law 44

    • Approved advance payment of up to 30% of the contract value.
    • Payment terms for completed work are strictly up to 15 days.
    • The size of the application security is no more than 1% or 2%.
    • Enforcement is no more than 5% or 10%.
    • Neither medium nor large competing companies can participate.
    • Involvement of SMP through subcontracting, according to the corresponding requirement in the tender documentation.

    Among the upcoming changes in Federal Law is approved “On Amendments to the Federal Law “On the Contract System...””. The bill will no longer allow the involvement of a subcontractor that is affiliated with the customer in the implementation of the tender. This will exclude cases where an organization transfers construction subcontracts to its subsidiaries. If an institution violates the Federal Law, then such a contract cannot be placed in the procurement register of the SMP. Another innovation will concern the fact that since 2017, applications for any form of tender selection can be sent to the EIS electronic form. This will reduce costs for participants and also eliminate the corruption component when rigging results when carrying out “paper” procedures.

    Describe what services or goods you provide

    And we will help you find suitable contracts with advance payment!

    How are purchases made from small enterprises under 44 Federal Laws?

    The law defines privileged conditions for the participation of small businesses and socially oriented non-profit organizations (hereinafter referred to as SMP, SONCO) in the procurement of goods, works, and services for state or municipal needs. Customers are required to purchase from SMP and SONKO in the amount of at least 15% of the total annual procurement volume through various tenders: open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations, requests for proposals. In this case, the initial (maximum) price of the contract should not exceed twenty million rubles. (Part 1 of Article 30 of Federal Law-44).

    Procurement from SMP and SONPO is a separate procedure - its participants are exclusively SMP and SONCO, and a corresponding restriction is established in procurement notices. In this case, procurement participants are required to declare in applications for participation in procurement their affiliation with SMP or SONKO (Part 3 of Article 30 of Federal Law No. 44). You can download all the necessary declarations and certificates in the section.

    If procurement from SMP or SONCO is declared invalid, the customer has the right to cancel the restriction on procurement participants, which can only be SMP or SONPO, and carry out procurement on a general basis (Part 4 of Article 30 of Federal Law No. 44).

    The customer has the right to establish in the procurement notice a requirement for the supplier (performer, contractor), who is not an SMP or SONCO, to involve co-contractors from among the SMP, SONCO in the execution of the contract. In this case, the condition on the involvement of subcontractors, co-executors from among the SMP, SONCO in the execution of contracts is included in the contracts indicating the volume of such involvement, established as a percentage of the contract price.

    If the notice of procurement establishes restrictions on the participation of exclusively SMEs and SONCOs, the contract concluded with a small business entity or a socially oriented non-profit organization includes a mandatory condition for payment by the customer for the goods supplied, the work performed (its results), the services provided , individual stages of contract execution no more than fifteen days from the date the customer signs the acceptance document.

    The state or municipal customer is obliged to provide part of its needs through contracts with small enterprises or non-profit organizations, doing this in the following ways similar to this:

    • Conducting procurement (tenders, auctions, quotations) specifically for specified persons. In this case, the initial price of the contract should not exceed 20 million rubles, the amount of security for the participant’s application should not exceed 2% of the initial purchase price. The documentation must contain the condition that only SMP and SONCO are allowed to participate. After the supplier/performer/contractor has fulfilled its obligations, payment must be transferred to him no later than 30 days.
    • By indicating in the procurement documentation the winner’s obligation to involve co-executors from among small businesses in the execution of the contract (a specific percentage of the contract price, but not less than 5%).

    If the procurement is carried out among SMP/SONCO, the procurement participant declares his affiliation with these entities as part of the application. The form of such a declaration has not been approved and is drawn up arbitrarily. If the organization is already included in the list, you can submit an extract from it. SONCOs fill out a declaration indicating the type of activity, since the benefits are not provided for everyone by law.

    It is important to remember that for providing false information, the contract with the winner may be terminated at the discretion of the customer.

    Administrative liability for non-compliance with legislation on placing an order with SMP determined by Article 7.30 of the Code of Administrative Offenses of the Russian Federation:

    • Violation of deadlines for posting information in the unified procurement information system during a competition or auction for less than two days, relies fine of 5 and 15 thousand rubles for individuals and legal entities, respectively;
    • in case of violation of the specified period for more than two days the fine is 30 and 100 thousand rubles;
    • Violation of the deadline for posting information when requesting quotes or proposals from small businesses no more than a day - 3 and 10 thousand. for individuals and legal entities;
    • similar violation with delay more than a day - 15 and 50 thousand.;
    • violation of the requirements and procedure for posting information for procurement from small businesses entails fine of 15 and 50 thousand.

    Detailed standards are presented in the section. Penalties are also imposed for other administrative violations - unlawful refusal, failure to comply with protocol and reporting requirements. Special mention should be made of fine for failure to comply with the established volume of purchases for small businesses - it is 50 thousand rubles.

    Book a free consultation to get started

    And we will help you take advantage of all the available benefits for SMP!

    Where to start searching for suitable tenders for small businesses under Federal Law No. 44

    You can search on your own necessary information, buy a program for monitoring procurement and hire tender specialists with suitable experience or submit an application to the Entrepreneurship Support Center and we will provide you with the full range of required services at the most affordable prices with a guarantee of a positive result.

    Result in numbers:

    1 month

    is the maximum period for concluding the first successful contracts

    We will promptly check your organization for compliance with all criteria, order an extract and report the result. After this, we will agree with you and prepare the constituent documents and declarations required for further work with tenders and financing.

    When the preparation is completed, we will assign you a personal manager who will manually select transactions according to your criteria, according to which advance payment and short payment terms are approved, and we will also provide access to the Multifunctional Account, which will provide you with all the necessary information.

    First of all, let’s answer the question: “Purchases from SMP and SONO - what is it?” The Law on the Contract System establishes the customer’s obligation to place orders with small businesses (SMB) and socially oriented non-profit organizations (SONO). Let's take a closer look.

    The first ones are those registered in in the prescribed manner legal entities (business companies, partnerships, peasant farms) and individual entrepreneurs. Law No. 209 establishes specific criteria by which a person can be classified in this category. For example, the specific number of employees for medium and small enterprises, income indicators for the year, or the status of a participant in the Skolkovo project.

    SONKO or SONO (socially oriented non-profit organizations) are entities created in certain forms (for example, public organizations, funds) in order to solve social problems, develop civil society, and others provided for by Law No. 7-FZ.

    Privileges and ways to exercise them

    The annual volume of purchases from SMP under 44 Federal Laws (Article 30) must be at least 15%, the same as from SONO. In this case, the privilege can be exercised in two ways:

    • conducting tenders (open tenders, tenders with limited participation, two-stage tenders, electronic auctions, requests for quotations and proposals), the participants of which can only be SMP and SONO;
    • the requirement to involve small businesses and socially-oriented non-profit organizations as subcontractors.

    The customer fixes the volume of involvement of subcontractors from among SMP and SONO in the form of a fixed percentage (but not less than 5%). At the same time, the executor of the government contract must pay such subcontractors no later than 15 working days instead of 30 calendar days. Such innovations were introduced into the contract system by Government Decree No. 1226 dated October 7, 2017, which amended Government Decree No. 1466 dated December 23, 2016.

    At the same time, if we talk about the first method, it should be borne in mind that the initial price of the contract should be no more than 20 million rubles.

    SGOZ - what is it?

    The total annual purchase volume (CAPO) is the total number cash allocated for the purpose of purchasing goods, works and services. The state public health insurance premium is determined for the financial year. These funds are intended to pay for contracts in this financial period. To the question whether it is necessary to include the cost of long-term contracts that were issued last year and are being executed in the current year, we answer: in this case, only the amount that is payable in the current period should be included in the State Contract.

    So, why is the total annual volume of purchases needed:

    • to decide on the creation of a contract service;
    • to calculate the volume of bidding that needs to be carried out for small businesses and socially oriented non-profit organizations (recall that when purchasing from SMP under 44 Federal Laws, the percentage is 15%, the same as for SONO);
    • to calculate the volume of goods and services purchased from a single supplier;
    • in order to determine the quantity of goods and services that can be purchased through a request for quotation.

    Purchases from SMP under 223-FZ

    Like the Law on the Contract System, 223-FZ provides for the holding of tenders with the participation of small businesses. The specifics of such procurement procedures are established by the Government of the Russian Federation. Thus, according to Decree of the Government of the Russian Federation dated December 11, 2014 No. 1352, tenders for small businesses are carried out in three ways:

    • a tender, the participants of which can be any persons, including the subjects we are considering;
    • procurement in which only small businesses participate;
    • a tender in which the customer demands the involvement of small businesses as subcontractors.

    It should be noted that the annual volume of purchases from them is set at 18%.



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