Changes to plan schedule when saving. The customer saved money: whether to change planning documents. When to change the procurement plan

The institution signed two contracts for 2017: 1) a contract for telecommunication services under clause 1, part 1, art. 93 of Law 44-FZ in the amount of 120,000.00 rubles2) a contract for telecommunication services under clause 4, part 1, art. 93 of Law 44-FZ in the amount of 40,000.00 rubles. The total limits for 2017 are 160,000 rubles. At the end of six months, savings under the contract in the amount of 120 thousand rubles are projected at the end of the year. (savings of more than 10% and will amount to 30 thousand rubles at the end of the year.) And under a contract in the amount of 40 thousand rubles. there are not enough funds (you need to add 23 thousand rubles). How to act in this situation without violating Law 44-FZ? What actions can be taken? How to make changes to the procurement plan and schedule?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

In the case indicated in your question, we believe that it is advisable for the customer to terminate the contract for the amount of 120 thousand rubles by agreement of the parties. Next, determine the scope of services that the customer will need for 2017 and conclude a new contract with the appropriate price in accordance with the provisions of Law No. 44-FZ.

With regard to the reflection of information about such a contract in the procurement plan and in the schedule.

Since in this case, the customer is going to spend unused money on a new purchase, first clarify the planned payments for the purchase that has already passed, and then add a new line to the schedule. This conclusion follows from the Decrees of the Government of the Russian Federation of June 5, 2015 No. 553, No. 554.

Under a contract worth 40 thousand rubles. In this case, after executing this contract, the customer may consider entering into a new contract in accordance with the provisions of Law No. 44-FZ. If the customer decides to conclude a contract on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, then you need to remember the volume of purchases that the customer has the right to carry out on the basis of this paragraph.

With regard to changes in the procurement plan and schedule. If the amount of the annual volume of financial security for procurement on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ does not change, then there is no need to make changes to the procurement plan. The same principle applies to the schedule.

Saved on a purchase? Change plans

The customer does not have to adjust the plans in the EIS every time after saving. Schedule savings only if you intend to spend unused money on a new purchase. At the same time, first specify the planned payments for the purchase that has already passed, and then add a new line to the schedule. This conclusion follows from the Decrees of the Government of the Russian Federation of June 5, 2015 No. 553, No. 554.

Suppose a customer makes a new purchase at the expense of savings and makes changes to the schedule. Do I need to adjust the procurement plan? Not always. Examples from the recommendations will help to understand.

When you enter a new line in the procurement plan or schedule, adjust the rationale for the purchase (notes to the forms approved by the Decree of the Government of the Russian Federation of June 5, 2015 No. 555).

When to change the procurement plan

Let's say you spend the saved money on a product, work or service that is not in the procurement plan. Then for the position on which you saved, specify the planned payments in the schedule and the amount of financial support in the procurement plan. Add the new procedure to both the procurement plan and the schedule.

Example: the customer changes the procurement plan and schedule

With the money saved, the customer buys vacuum cleaners. NMTsK new purchase - 300,000 rubles.

There are no vacuum cleaners in the schedule or in the procurement plan. Therefore, the customer edits the item "Purchase of dining tables" in the schedule, the item "Other kitchen furniture" in the procurement plan and introduces a new line "Purchase of vacuum cleaners" in both documents.

In the schedule, the customer specifies the "Planned payments" on the line "Dinner table", the NMTsK does not change.

At the same time, in the procurement plan, the customer specifies the “Amount of financial support” for the line “Other kitchen furniture”:

The customer adds a new line with vacuum cleaners to the procurement plan:

Based on the procurement plan, the customer enters a new line in the schedule:

When adjusting the schedule in the EIS, indicate "The resulting savings" as the basis.

When not to adjust the procurement plan

When you carry out several procedures within one position of the procurement plan and plan another procedure at the expense of savings, specify the amount of planned payments in the schedule and add a new line. Do not change the NMTsK amount and do not adjust the procurement plan.

Example: the customer only changes the schedule

The customer spent electronic auction for the purchase of dining tables. NMTsK - 1.2 million rubles. The winner reduced the price to 900,000 rubles. The customer saved 300,000 rubles. The customer entered the following items into the procurement plan and schedule:

With the money saved, the customer decided to buy stools for dining tables by auction. NMTsK new purchase - 300,000 rubles. The customer only changes the schedule, since the OKPD2 of the new procurement is the same as the OKPD2 of the procedure that has already been entered into the procurement plan, and the customer indicated zeros in the procurement plan as part of the IPC.

The customer edits the position "Purchase of dining tables" and makes new procedure"Purchase of stools":

In the schedule, the customer specifies "Planned payments" on the line "Dinner table". NMTsK does not change.

Then the customer enters a new line "Stool" in the schedule. The IPC of the new position coincides with the IPC "Other kitchen furniture" from the procurement plan. However, inside the IKZ code, the customer puts “002” instead of zeros.

When to place changes in the EIS

Not later than three working days from the date when the procurement plan or schedule was adjusted, place the changes in the EIS. This is stated in part 9 of article 17 and part 15 of article 21 of Law No. 44-FZ.

The date on which changes were made to the plans is determined by the day when the amended schedule or procurement plan was approved.

The legislator does not oblige the customer to approve an order to change the schedule or procurement plan. However, it is more convenient to count the three-day period from the day indicated in the order. In the document, justify the changes that you make to the procurement plan or schedule.

When to make a new purchase

Make a new purchase within the time frame specified in the table.

Customer actions	Term
Places in the UIS a notice of an auction, tender, request for quotation, request for proposals, purchase from sole supplier	Not earlier than 10 calendar days from the date when the customer posted a new version of the schedule in the EIS
Sends invitations to participate in a closed competition, auction
Enters into a contract with a single supplier if notice or invitation is not needed
Concludes a contract under paragraph 28 of part 1 of article 93 of Law No. 44-FZ, when medicines are needed by decision of the medical commission	Not earlier than one calendar day after the customer has posted a new version of the schedule in the EIS
Concludes a contract under paragraph 9 of part 1 of article 93 of Law No. 44-FZ, when it is necessary to eliminate the consequences of an emergency, provide emergency or urgent medical care
Sends a request for quotations in order to eliminate the consequences of an emergency (part 2 of article 82 of Law No. 44-FZ)	In a day when the customer posted a new version of the schedule in the EIS

The terms are given in paragraphs 9, 10 of the Rules approved by Resolution No. 553, and paragraphs 11, 12 of the Requirements approved by Resolution No. 554, hereinafter - Rules No. 553, Requirements No. 554.

Specialists of the Ministry of Economic Development of Russia explained that the 10-day period does not include the day when the customer made changes to the schedule, but includes the date when the customer posted a notice or concluded a contract. However, the position of the department's specialists contradicts the literal content of paragraphs 9, 10 of Rules No. 553 and paragraphs 11, 12 of Requirements No. 554. To avoid questions from controllers, do not include the day the notice was posted in the 10-day period.

Documents of the planned supply created by the customer are necessary (EIS). They should reflect the needs of the customer for a certain period. Including displaying changes that relate to information about planned orders, or new purchases that are not reflected in the originally published plan. Amendments to the procurement plan are provided for by both Federal Laws: No. 44 and No. 223.

When can you change your procurement plan?

How to fix a procurement plan

Within three working days from the date of signing the order, it is necessary to change the electronic version and place new edition in the EIS (part 9 of article 17 of the Federal Law No. 44). Clause 4.1.9 contains detailed instructions how to make changes to the procurement plan (in the electronic version of the published document).

The procedure is simple. Wanted to find desired document in the EIS and click on the round button with an arrow, which is located next to its name in the "Status" column.

In the context menu that opens, select the "Make changes" item.

The system will create a version with the status "In progress" by copying the information from the last hosted document. At the same time, positions become available for editing, and it is also possible to add a new order.

Edited electronic document is subject to publication in the EIS, and the subsequent action is to make adjustments to the schedule if they relate to the data it contains.

When can you change your schedule?

Changes to the 2019 schedule are made in cases provided for in Part 13 of Art. 21 44-FZ:

• adjustment of the price, the term of the contract, the procedure for payment or the amount of the advance, the date of commencement of the procedure, the method of determining the supplier;
• implementation of the mandatory public comment decision;
• order cancellation.

How to fix a schedule

The algorithm of the procedure for making changes is similar to editing the procurement plan.

Find the desired schedule and call the context menu by clicking on the round button with an arrow in the "Schedule Description" column.

Select "Make Changes".

The document is subject to publication in the EIS within three working days from the date of approval of the order by an authorized person.

From 07/01/2018, the state customer can change the schedule one day before the notice is posted or, if the notice does not need to be published, the day before the signing of the state contract in cases (part 14 of article 21 44-FZ):

• purchases from a single supplier under Part 1 of Art. 93 of Law No. 44-FZ;
• repeated competition or a new state order, if the competition did not take place;
• request for proposals, if the repeated tender did not take place;
• a new request or an open repeated tender, if it did not take place;
• request for proposals in electronic form or a new request if the electronic competition or electronic auction did not take place;
• a new purchase, if a request for quotation, an electronic request for quotation, a request for proposals or an electronic request for proposals did not take place.

At the same time, it is possible to place a notice and sign a state contract only after the publication of amendments in the EIS.

By virtue of clause 10 of Decree No. 553 and clause 12 of Decree No. 554, in the event of a request for quotations for the provision of humanitarian assistance or liquidation of emergency situations, the state customer has the right to adjust the schedule on the same day when he sends an invitation to participate to potential executors of the state contract.

In other cases, it is necessary to change the schedule no later than 10 calendar days before the date of placement of the notice of purchase or signing of the state contract, if the notice does not need to be published (part 14 of article 21 of law No. 44-FZ).

Correcting the procurement plan according to 223-FZ

According to Decree No. 932 of September 17, 2012, correction is carried out in the following cases:

• adjustments to the list of necessary goods (works, services), the timing of their acquisition, the method of implementation, the period of execution of the contract;
• changes by more than 10 percent of the cost of goods planned for purchase;
• in other cases established by the customer's documentation.

The new version must be signed electronic signature authorized representative of the customer, and then published in the EIS.

If competitive procedures are carried out, amendments are made on time, no later than the notice is posted in the EIS. This period is recommended to be observed when making purchases by other means in order to comply with the principle of information openness.

For municipal and regional customers, the decisions of the supreme executive body apply. The procedure for making changes The schedule is drawn up and maintained in in electronic format. Therefore, all adjustments are made using the functionality of the EIS or the system " Electronic budget". In this case, the customer must adhere to the following sequence of actions:

1. Select the position of the schedule to which adjustments will be made.
2. Click on the "Make changes to the approved version" button.
3. Make changes in all necessary tabs.
4. Update CBC.
5. In the corresponding tab, indicate the rationale for the changes being made.
6. Save all added information.

Changes to the schedule must be made within strictly established deadlines and in compliance with all legal norms.

Change in the purchase plan as a result of savings

In addition, if, in connection with such a purchase, new object procurement, it should also be reflected in the procurement plan and in the schedule. Therefore, in our opinion, in the situation under consideration, the customer should make changes to the procurement plan and to the schedule in terms of indicators of the amount of financial support intended for the implementation of the relevant purchases, planned payments and, if necessary, supplement these documents with information on new objects of procurement.

The answer was prepared by: Expert of the Legal Consulting Service GARANTERin Pavel Quality control of the answer: Reviewer of the Legal Consulting Service GARANTAaleksandrov Alexey April 4, 2017

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

How to make savings in the procurement plan and schedule

During the electronic auction, savings were formed.

Part of the savings is planned to be spent on purchases from a single supplier.

Is it necessary to make changes to the procurement plan and the procurement schedule? Is it possible to reduce the amount in the purchase plan in the position where the savings were made and add the amount to purchases from a single supplier? Having considered the issue, we came to the following conclusion: In this case, the customer should make changes to the procurement plan and schedule in terms of information related to the amount of financial support intended for the implementation of the relevant purchases, planned payments, if necessary, supplementing these documents with information about new planned purchases.

How to make changes to the procurement plan and schedule

In the article, we will consider when the customer should make changes to the plan, the procurement schedule and Special attention we will give such a basis as the resulting savings during procurement.
Changes to the procurement plan Changes to the procurement plan are made in accordance with Part.
6 art. 17 federal law about contract system, as well as Decrees of the Government of the Russian Federation of 05.06.2015 No. 552, of 11.21.2013 No. 1043.

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Forum about public procurement and tenders good-tender

Since the beginning of 2017, a number of amendments to 44-FZ have come into force. They also touched upon the formation and subsequent adjustment of schedules. In this article, we will consider the algorithm and rules for amending these documents, because for violation of the norms prescribed by Article 21 44-FZ, as well as orders of the Ministry of Economic Development for representatives contract service customers may be subject to penalties.

In what situations the schedule can change The schedule is a complete list of purchases that the customer plans to implement throughout the calendar year.

It is drawn up according to the form developed by the Ministry of Economy and Development of Russia.

bad request

The requirements for the procurement plan in the procurement plan indicate information about the purchases that are planned to be made from a single supplier (contractor, performer, hereinafter also referred to as the counterparty) in accordance with paragraphs. 4, 5, 23, 26, 33, 42 and 44 hours 1 tbsp. 93

Law N 44-FZ, in one line in the amount of the annual amount of financial security for each of the procurement objects listed in this paragraph. The procurement schedule (hereinafter also referred to as the schedule) for each procurement shall include the name and description of the object purchases; the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer); the method for determining the counterparty and the rationale for choosing this method (p.p.

2, 4 h. 3 tbsp. 21 of Law N 44-FZ). On the basis of Part 6 of Art.

Through procurement plans and schedules, customers determine a reasonable need for the purchase of goods, works or services (clauses

2, 4-6 hours 2 tbsp. 17 44-

FZ) and characteristic conditions planned order: object, price, quantitative indicators (p.p.

2, 4 h. 3 tbsp. 21 44-FZ). The generated documents are placed in the EIS without fail. How to make changes to the procurement plan or schedule, we will consider in the article. Changes in the procurement plan under 44 FZ

• to align with designated purpose purchases (art.

In the course of competitive procedures, savings of the planned and approved budget may be formed, such cases may be due to a decrease in the NMCC during an electronic auction, as well as at , which can be partially executed. These funds can be used for public procurement of the same goods from a single supplier or returned to the budget. In any case, the use of the savings obtained in the course of the procurement may be of benefit in further procedures. For these cases, a special procedure is provided.

How to reflect

The procedure for reflecting savings in the purchase position is provided for in 44-FZ. In particular, it states that public procurement plans need to be adjusted in the case of using the savings received from public procurement. fixes that the schedule must also be changed in case of amendments to the procurement plan, as well as in a number of other cases provided for in the Law on the contract system, namely, in accordance with the procedure for the formation, approval and maintenance of planning documents to meet federal needs and to meet the needs of the constituent entities of the Russian Federation or municipal needs.

How to reflect savings in terms of purchases? For example, when ordering office paper and stationery, the NMCC was significantly reduced during the submission of prices at an electronic auction. In this case, the customer can go in two ways:

1. Buy additional volume necessary goods on the saved funds, provided that the OKPD2 code matches.
2. Purchase an item that was not previously specified in the planning documents.

In the first case, the customer makes adjustments to the schedule: he enters a position and clarifies the information in the “planned payments”.

In the second case, the savings in the 2019 procurement plan are reflected by introducing a new item in the planning documents, and the relevant information on “planned payments” and “financial security” is also indicated. It is important to note that in case of introducing a new position, it is necessary to indicate the rationale for the order, according to

How to change through the EIS

Step 1. Find the required schedule in the list and select the "Make changes" action.

Step 2. If the schedule was posted for 2019, then it will be necessary to enter new BCC (CWR), the system will display a notification about this.

Step 3. Make the appropriate changes.

Let's talk about situations when customers need to change their plans and schedules. Including due to the fact that they were able to save on purchases.

When to change the procurement plan

The norms of Part 6 of Article 17 of Law 44-FZ require, in certain cases, to amend the procurement plan. Also, this issue is regulated by Government Decrees No. 552 dated June 5, 2015, and No. 1043 dated November 21, 2013.

So, the law established the following grounds. Procurement plans are changed if:

Registration in ERUZ EIS

From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.

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

• they need to be changed due to the fact that the objectives of the procurement and the requirements for objects have changed;
• they must be brought into line with the amended legislation;
• this is required by the implementation of laws and by-laws of the federal, regional and municipal levels, adopted or issued after the formation of the procurement plan;
• it is required by the results of the mandatory public discussion of the procurement;
• when making a purchase, savings were formed;
• in other cases, which are established by the procedure for maintaining the procurement plan.

When to change the schedule

Changes to the schedule are made on the basis of Part 13 of Article 21 of Law 44-FZ, as well as Decrees of the Government of the Russian Federation of 05.06.2015 No. 553, of 05.06.2015 No. 554.

These legal regulations require changes to the schedule to be made in the following cases:

1. In the process of preparing the purchase, the needs in terms of the volume and cost of objects have changed, and as a result, it is impossible to make a purchase.
2. The terms or frequency of purchases, the date of the beginning and end of the auction, the method of determining the supplier, the amount of the advance payment, the terms of payment have changed.
3. Purchase cancelled.
4. The customer generated savings in the current financial year.
5. The supervisory authority has issued a procurement order.
6. Based on the results of the public discussion, the customer made a decision that will change the purchase.
7. Unforeseen circumstances and other cases that emerged after the preparation of the schedule.

Saving

As you can see, plans and schedules have to be changed both due to legislative changes and due to changes in circumstances that affect the procurement activities of the customer. And one of them is cost savings. Let's look at an example of when and how it is necessary to change on this basis planning documents.

Situation 1. The customer needs office furniture and announces an electronic auction. With the funds that will be saved during the auction, he plans to purchase another piece of furniture with the same OKPD-2. In this case, the customer only needs to make changes to the schedule. The procurement plan remains the same, since a new purchase will be made within one of its positions. As for the schedule, a new position is introduced into it, and the information in the “Planned payments” column is also specified.

Situation 2. Almost everything is the same, only with the money saved the customer is going to purchase a completely different product, which he did not plan to purchase at all. In this case, the new position is entered into both the procurement plan and the schedule. In the schedule, the planned payments are changed for the corresponding line. In the procurement plan, changes are made to the amount of financial support. Further, new positions are entered into the schedule in accordance with the terms of the concluded contract.

We remind you that if a new line is introduced into the plan and schedule, the necessary adjustments must be made to the justification for the purchase.

Another question is whether it is necessary to change in the planning documents those positions for which the customer received savings? The Ministry of Economic Development, in its letter dated November 29, 2016 No. D28i-3256, indicated that if other purchases are made at the expense of these funds, they should be included in a new line in the procurement plan and schedule. At the same time, the NMCC of purchases for which savings were obtained should remain unchanged.