We work with a budget institution. Part 4

This article serves as a kind of intermediate result of the previous articles ( part 1 , part 2 , part 3 ) and contains some practical recommendations.
So:
- why we were left without a contract;
- Is the customer always guilty?
- I do not need a Turkish coast another contract ... or is it still needed ?;
- open data again in a hurry for help.

Chapter 0. A little about the past

In previous articles, we:

• once again made sure that the technical task is important and not always easy;
• We learned that a change in the terms of reference can be very difficult and sometimes unsuccessful;
• again met with the article KOSGU, which was not only closely related to the subject of the contract, but also (once again) very important.

Chapter 1. Why are we left without a contract?

Of course, we are all guided by the principle of good faith of the parties. More precisely - should be guided. Are you sure that having received an agreed, competent and detailed technical task (which you are rightly proud of), the customer will enter into an agreement? And with you? Not sure? And you are doing the right thing - we have already repeatedly spoken about promises. And not always the fault will be on the customer. Let's look at some of the common options.

Option 1. The customer only planned the purchase, but either forgot to tell you about it, or did not specifically inform, or you did not hear - in general, it happened (we talked about this possibility in the second article).
To make a purchase, the customer must justify its object, price, and method of determining the supplier (for more details, see article 18 44-). The methods for determining the supplier were mentioned earlier, and the justification for the purchase and the price will affect you only if the customer decides to involve potential performers in this case (and you among them), because other methods of such justification are available to him (the customer) Article 22 44-).

If the customer needs something typical (for example, computers), he can request commercial offers. If he does not know which computers he needs, or if the subject of the purchase is complicated (for example, software development), then he may need consultations to clarify the requirements for the object of purchase and commercial proposals to justify the price.
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Option 2. The customer had to change the procurement method to competitive.
In addition to the marginal amounts (we also talked about them in the second article), there are other limitations when using the customer clauses 4 and 5.

For purchases according to claim 4. - the total volume of such purchases "should not exceed two million rubles or should not exceed five percent of the total annual volume of customer purchases and should not be more than fifty million rubles."
Those. the customer is free to choose from two limits:
a) Just two million rubles. Fixed limit;
b) Five percent of the total annual volume of purchases (this is useful if it is large). But when choosing such a limit, another limitation comes into force (so that life does not seem like honey) - the total amount of such purchases should not exceed 50 million rubles. It is easy to calculate that the second limit is more profitable for the customer if the total annual volume of purchases is more than 40 million rubles. The limit may vary during the year.

For purchases according to claim 5. - the total volume of such purchases "should not exceed fifty percent of the total annual volume of purchases of the customer and should not be more than twenty million rubles." Everything is more or less clear. The limit may vary during the year.

There is one more restriction related not to the actual procurement of paras. 4, 5, and with the need to place a certain part of purchases (at least 15% of the total annual volume of purchases calculated in a special way) from small businesses using exactly the competitive methods of determining the supplier . Quite simply and rudely: if a customer plans to spend X competitive rubles through competitive procedures, then not less than 0.15 * X rubles out of this amount, he must make purchases (also competitive) from small businesses.

And where are we? Suppose the customer wanted to conclude an agreement with you on the basis of clause 4, but suddenly received money for other needs with the requirement to urgently (no, URGENTLY !!!) to carry out the purchase. It may happen that by carrying out this new purchase of clause 4, the customer will run out of his limit and will be forced to use clause 5 for your purchase (if the customer has one at all). If this item is full, the customer will have to prepare for a competitive procedure.

Or the customer suddenly found out that he does not get the required 15 percent of purchases from small businesses (the reasons may be different), and have to transfer part of the purchases from a single supplier (it is possible that yours was one of them) to competitive procedures.

Option 3. The customer was obliged to conduct the purchase through joint bidding. Sometimes it happens that by collecting the hands of customers approximate versions of technical tasks (which you and your colleagues have made), the higher authority decides to consolidate these TK, and declare one big competitive procedure, the subject of which will be all the same software development for copying files, but for needs of several customers. The goal, of course, is budget savings. Win in this procedure can only one, and not at all the fact that it will be you. If we are talking about, for example, the supply of computer equipment - the situation may develop in a similar way: having collected needs from customers, the higher authority announces joint tenders for this whole hodgepodge.

Option 4. The customer needed only competent TK.
This could happen, for example, if the customer initially envisaged a competitive procurement method or ... planned another executor (not you).
This is frankly unfair game from the customer.

Option 5. The money for the purchase simply took away, or took away not all, but with the remaining amount you risk working at a loss.
This also happens.

Option 6. The customer found the performer who promised to do the job cheaper / faster / more qualitatively (underline the necessary).
Unpleasant situation? Still would. Vital? Full

At the beginning of the article we already said that it wasn’t necessarily the customer’s fault that the contract was not concluded - as you see, the customer’s fault is in the fourth variant, the first one (if you really didn’t warn you) and, possibly, the sixth depends on the specific situation).

Forces and time spent? Spent. Is there a result? Not. Yes, the usual commercial risks, but still unpleasant. But we have not even reached the missions “to conclude an agreement”, “successfully complete the work” and “receive payment”, with which not everything will be smooth.

Chapter 2. Why are we left without a contract? - 2

Was it possible to somehow avoid such waste of resources? Silver bullets, as usual, no, but try to reduce the likely loss is worth it.

Even before starting work on writing / adjusting TK, it is necessary to determine how much you are willing to invest (by force, time, money) in relationships that are not backed up by a commitment (that costs are always mentioned in the third article). Then it makes sense to evaluate your potential contribution once again - now taking into account possible risks (only some are mentioned in the article). And if the ratio is not in your favor, then the only sure way is to insist on concluding a contract for the development of a technical task. Obtaining a basic contract is not guaranteed in this case, but at least you will be able to do charity work where you want, not where you have to.

Such an option does not always suit the customer - as a rule, because money is allocated specifically for the purchase itself, and any attempt to give a hint that it would be necessary to prepare for the work, meets answers like: “There is no money for it, rejoice that at least so much has been allocated "," Yes, what is the preparation there? What is the technical task? I’ll draw him for you in five minutes "," What are you - not a professional, but so? "," Learn to talk to people: performers are also interested in work - let them do everything quickly and efficiently, "etc., etc. .

And if the conclusion of a contract for the development of TZ for any reason is impossible, but you want to work? There are several ways to be aware of: it is not always possible to apply them and the result is not guaranteed, but it is better than nothing. In the second article in Chapter 4, we have already considered some situations and now we will sometimes refer to them.

1. We look at the purchase price.
This method has already been mentioned in the second article - if the amount proposed by the customer initially exceeds the allowable limit value of 400 thousand rubles, then this is a reason for talking with the customer.
If the amount exceeds 100 thousand rubles., Then this is an occasion to re-read paragraph 5 of Part 1 of Art. 93 44- and check whether the customer has the right to use this item. It is also not at all superfluous to take a closer look at the Schedule - is the customer filled out the appropriate (for purchases according to claim 5) section?
Such inconsistencies may indicate option 1 (the purchase is still planned and so far not only the method of identifying the supplier is not selected - financing itself is questionable) or option 4 (the customer only needs TK for the competitive procedure).

2. We study other purchases of the customer
In Article 2 (in which we got acquainted with the Schedule) it was mentioned that on the tab “Basic positions” we can see those purchases of the customer that he intends to carry out not on the basis of clauses 4, 5 and some others. Each such purchase corresponds to a separate position (line) in which the customer is obliged to indicate the name of the object of purchase and some basic characteristics. So, if here you have met a purchase that is painfully similar to the one that you are discussing with the customer, then this is also a rather transparent hint. No, it is possible that a banal error has occurred and the customer has already decided not to conduct a competitive procedure, he just did not have time to make changes to the Schedule, but a bad option is much more likely (fourth).

3. We check that the purchase is present both in the PCD plan and in the Schedule
If it is not found anywhere (the situation from the previous article under number 1.4), then this may indicate option 1 (purchase is only planned) or option 4 (again, the customer only needs TK), therefore it is necessary to boost the customer now.
If it is in terms of PCD, but is absent in the Plan-schedule (the originator of this option was situation number 2.2), then this can also lead to option 4 - financing (more precisely, its promise) is provided, but the method of determining the supplier has not been selected .

4. We are interested in the source of funding
If the customer informs you that the allocation of funds for the purchase is due to subsidies for other purposes (although the option of financing through subsidies to fulfill the municipal task is not excluded) under any municipal, regional or federal program, the likelihood of joint bidding ( especially if the object of purchase is sufficiently typical). If the customer did not inform you about this, but you found out in another way (for example, from colleagues or other customers) that money for similar purposes was allocated to several customers, then the probability of the target program and subsequent joint trading also increases. This may lead to option 3.

5. We look at the previous versions of the PCD plan on the website bus.gov.ru
In the very first article we saw that previous versions of the PCD plan are also available for download. Frequent changes can be caused both by the customer’s mistakes (which should force us to recheck the customer more closely in other matters - if he makes a mistake again), or by another “redrawing” the PCD plan as directed by the founder. And if money constantly “jumps” between articles, or disappears, and then reappears - this may indicate that the customer cannot defend his own position in the face of higher authorities and he has to obediently execute all of the founder’s “wishes”. Naturally, the likelihood that the money allocated for your purchase will also be withdrawn or moved will increase. This may indicate option 2 (the customer illiterately plans or does not keep up with the founder) or 5 (the likelihood that the customer will be able to defend your purchase decreases).

6. We look at the previous versions of the Plan-graphics on the website zakupki.gov.ru
Frequent changes (previous versions of GHGs can be seen on the “Version Magazine” tab, in more detail - in the second article of the cycle) may be the result of both customer’s mistakes in planning procurement activities, and weakness in the customer’s position and the founder’s desire. This can lead, again, to options 2 or 5.

7. Evaluate the “fullness” of the Plan-schedule
The closer the total cost of purchases according to claim 4. to the mark of 2 million rubles, the greater the likelihood that with unplanned changes, the customer will have to sacrifice something (it is possible that it is your purchase). And if the Schedule itself changes repeatedly and “swells up”, then it can be concluded that such “unplanned changes” happen too often.

Cases with “fullness” of clause 5 or with the arisen necessity of procurement from small businesses are more difficult to calculate: there are more external, independent of each other factors, and, most importantly, there are some subtleties in calculating the total annual volume of purchases - not all of it will be visible in the current year’s Schedule, something could “hide” in the previous year. But the principle is the same: if clause 5 at the customer is almost full, or the percentage of purchases from small businesses is much lower than 15, then this may necessitate adjustment of the Plan-schedule for some purchases, which were previously supposed to be carried out by a single supplier, competitive in a way.

8. Checking the list
You keep a list of not very good customers and, maybe, even exchange information with colleagues? If yes, then it's time to check this list for your customer’s location.
If it turned out that the customer only needed TK (option 4), or he repeatedly “forgot” to report that the purchase is still planned (option 1) for the next year - perhaps you have another candidate for submission.

Naturally, you can and should use the methods you trust: checking the customer through the questions of colleagues (both friends and opponents), intuition, throwing a coin, etc., etc. Do not forget also that the PCD plan , and the Schedule must be periodically checked: what if you are negotiating with the customer, did something new, interesting and drastically change the situation appear there?

Chapter 3. Why are we left without a contract? - 3

Another circumstance that is worth mentioning separately: the customer does not enter into an agreement with you because he cannot conclude it - there is no money. In the second article, these were situations numbered 1.2, 1.3 (the purchase was not visible either in the PCD plan or in the Plan chart) and 2 (the purchase was present in the Plan chart, but was absent in the PCB plan). In chapter 4 of the third article, the customer’s unwillingness to change the article of the KOSGU was connected with this circumstance: there is no money anyway; accordingly, the financial authority does not agree on the transfer of non-existent money to the required article of the KOSGU; and the purchase must be made at any cost.

So the situation is completely different, is not it? Different, they are different, but only in appearance. We will not delve into the causes of the apparent difference: it depends on many factors, but the result is important for us, more precisely, the consequences. And the consequences of these situations will be painfully similar: if something goes wrong, you will be the first to lose.

Yes, someone will say that these are truisms, and even a hedgehog child knows how dangerous work is without a contract, and yet: do not forget that everything is going on around two main options - there will be money, but later , there will be no money . And it is you who will have to decide how long you can wait for your money, and what to do if there is no money (this also concerns the adequacy of the assessment of your own resources). And even if the terms of payment are not critical for you and you are ready to wait a year, two, three or more - it is much more pleasant to do it with the contract in hand and signed acts of completed work, isn't it?

And, perhaps most important. The fact that there are problems with financing, you should know. If the customer directly says that there is no money, then you have the right to make an informed choice - to take risks or not to take risks (whether this choice is correct is a separate question). If the customer is silent or leaves the answer, then they are trying to deprive you of the right to make an informed choice.

Conclusion

1. It is not exactly the customer who is to blame for not concluding an agreement with you.
2. Using open data can reduce the likelihood of such an outcome.
3. Work without a contract is an additional risk that needs to be adequately evaluated (open data can help here).

In the following series:

- contract and magical entities;
- hello, we are looking for talents; we need a director;
- contract - myth or reality;
- where's the money;
- and other.