When it is necessary to make changes to plans and schedules. How to make changes to the procurement plan and schedule Do you need to include savings in the procurement plan?

Through procurement plans and schedules, customers determine the justified need for the purchase of goods, works or services (clauses 2, 4-6, part 2, article 17 44-FZ) and the characteristic conditions of the planned order: object, price, quantitative indicators (clause 2, 4, part 3, article 21 44-FZ). The generated documents are placed in the Unified Information System without fail. How to make changes to a procurement plan or schedule , we will look at it in the article.

Changes in the procurement plan under 44 Federal Laws

The regulatory framework allows for adjustments only in a number of cases (RF Regulations dated June 5, 2015 No. 552 and No. 1043 dated November 21, 2013):

• to bring it into line with the intended purpose of procurement (Articles 13, 19 44-FZ);
• for similar rationing with acts and provisions on the budget;
• to comply with the standards of current legislative and by-laws and decisions;
• to reflect the customer’s reported budget obligations, taking into account all movements in the current financial statements;
• to implement the decision on mandatory public discussion;
• to spend savings generated through other procurement procedures;
• to implement the conditions of the order of authorized regulatory authorities;
• in the event of unforeseen obligations.

Order on adjustment of planning documents

If it is necessary to make changes to the procurement plan under 44 Federal Law, submit an application to management (clause 1, part 4, article 38 44-FZ). The manager, in turn, creates an order in free form, which reflects all the necessary information regarding the adjustments being made.

Making changes to the procurement plan

After three working days after signing the order, the responsible person must place the amended provisions in the Unified Information System (Part 9 of Article 17 of Federal Law No. 44).

After the user has selected the “Make changes” option, a new document is created in the UIS, designated “In preparation”. The new version copies the data from the previous document. In the file itself, it becomes possible to adjust each position, as well as include a new order.

User manual for EIS dated 09/01/2017.

Change of schedule according to 44 Federal Law

Changes to the 2019 schedule are made in case of cancellation of the planned procurement procedure, in case of a significant inversion of the terms of the order (cost, tender period, method of determining the supplier) or in pursuance of the decision of the mandatory public discussion (Part 13 of Article 21 44-FZ).

Changes to the schedule plan in 2019 must be published within three working days after their adoption and approval by order. The adjustment procedure in the UIS is similar to the previous case.

Making changes to the schedule implies that the deadline for generating a notice of procurement procedures will occur no earlier than ten days after the publication of adjustments for a specific object of the order.

Adjustment of planning documents under Federal Law 223

Amendments to the norms of 223 Federal Law are regulated by the Russian Federation Regulations dated September 17, 2012. No. 132 and is allowed when adjusting the list of goods, works and services planned for purchase, the planned timing of ordering procedures, the method of its implementation, or the frequency of contractual relations and fulfillment of the terms of the contract. Also, amendments are allowed in case of adjustment by more than 10% of the cost indicator of the procurement object or on other grounds established in the customer’s local regulations.

When conducting competitive methods such as a competition or auction, it is recommended to adhere to strict time limits when creating modifications and publish the changes made in advance (before issuing a notification of the order).

The new edition of the procurement plan is signed with the electronic digital signature key of the responsible executive of the institution acting as the customer and is subject to publication in the Unified Information System.

Having considered the issue, we came to the following conclusion:
In the case under consideration, the customer should make changes to the procurement plan and schedule in terms of information related to the volume of financial support intended for the relevant purchases, planned payments, if necessary, supplementing these documents with information about new planned purchases.

Rationale for the conclusion:
The procurement plan for goods, works and services to meet state and municipal needs (hereinafter also referred to as the procurement plan) includes information, including the name of the object and (or) the names of the procurement objects, the amount of financial support for the procurement (, Federal Law dated 05.04 .2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", hereinafter referred to as Law N 44-FZ).
With regard to the procurement of goods, works and services (hereinafter - procurement) carried out for federal needs, the Government of the Russian Federation dated 06/05/2015 N 552 approved the Rules for the formation, approval and maintenance of a plan for the procurement of goods, work, services to meet federal needs (hereinafter - the Rules) and Requirements for the form of a procurement plan for goods, works, and services to meet federal needs (hereinafter referred to as the Requirements for the procurement plan).
The procurement plan indicates, in particular, the name of the procurement object (or objects) with an indication of the amount of financial support (planned payments) for the procurement for the corresponding financial year (clause “e”, paragraph 1 of the Requirements for the procurement plan).
According to clause 2 of the Requirements for the procurement plan, the procurement plan indicates information on purchases that are planned to be made from a single supplier (contractor, performer, hereinafter also referred to as counterparty) in accordance with, and Law N 44-FZ, in one line in the amount of the annual financial volume security for each of the procurement items listed in this paragraph.
The procurement schedule (hereinafter also referred to as the schedule) for each procurement includes, among other things, the name and description of the procurement object; initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer); the method for determining the counterparty and the rationale for choosing this method (Law No. 44-FZ).
Based on Law No. 44-FZ of the Government of the Russian Federation dated June 5, 2015 No. 553 (hereinafter referred to as Resolution No. 553), the Requirements for the form of a schedule for the procurement of goods, works, and services to meet federal needs were approved (hereinafter referred to as the Requirements for the schedule). According to paragraphs. "g" clause 1 of these Requirements, the schedule for each procurement item includes information about the stages of payment (amounts of planned payments) for the current financial year, if the execution of the contract and its payment are provided for in stages.
Subparagraph "a" of clause 2 of the Requirements for the schedule stipulates that in the procurement schedule for meeting federal needs, information on purchases that are planned to be carried out from a single counterparty in accordance with, and Law No. 44-FZ in relation to each from the procurement items listed in this norm.
In accordance with Law No. 44-FZ, procurement plans are subject to change in the case of using, in accordance with the legislation of the Russian Federation, savings obtained during the procurement. A similar rule is provided for in paragraphs. "e" clause 11 of the Rules.
Law N 44-FZ determines that the schedule is subject to change by the customer in the event of a change in the procurement plan, as well as in other cases provided for in this norm, in particular, in accordance with the procedure for the formation, approval and maintenance of procurement plans for to meet federal needs and to meet the needs of a constituent entity of the Russian Federation, municipal needs (clause 5 of this part).
Yes, pp. "g" clause 8 of the approved N 553 Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs provides that changes to the schedule are carried out in the case of using, in accordance with the legislation of the Russian Federation, the savings obtained from carrying out the purchase.
If changes are made to the schedule on the specified basis, customers clarify the information in the column “planned payments” in accordance with the terms of the contract concluded based on the results of determining the supplier (contractor, performer) (clause 3 of the Requirements for the schedule).
As noted in the Ministry of Economic Development of Russia dated November 16, 2015 N D28i-3349, purchases made with saved budget funds must be taken into account in the procurement schedule. In a letter dated November 29, 2016 N D28i-3256, representatives of the same ministry indicated that if it is necessary for the customer to purchase goods, works, services by using, in accordance with the legislation of the Russian Federation, the savings obtained during procurement, the customer enters such a purchase as a new line in procurement plan and procurement schedule. At the same time, the initial (maximum) prices of contracts, as a result of which such savings were obtained, do not change.
Thus, the use of funds intended for procurement and saved as a result of an electronic auction for procurement from a single counterparty affects the indicators of the volume of financial support in terms of purchases and planned payments in the schedule. In addition, if a new procurement item appears in connection with such a purchase, it must also be reflected in the procurement plan and schedule.
Therefore, in our opinion, in the situation under consideration, the customer should make changes to the procurement plan and schedule in terms of indicators of the volume of financial support intended for the implementation of the relevant purchases, planned payments and, if necessary, supplement these documents with information about new procurement objects.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Erin Pavel

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Alexandrov Alexey

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

The schedule plan (PG) reflects all the procurement activities of the organization, the financial support of which is closely monitored by the GRBS. This document is quite live and is capable of changing, for example, in connection with the redistribution of funds as a result of the resulting savings.

Where do the savings come from?

Traditionally, there are two sources of released funds:

1. As a result of the auction, the NMCC was reduced to the delight of the customer.
2. At the end of the execution of the government contract, for example, they did not select the volume of fuel and lubricants and entered into an additional termination agreement.

Guided by Part 13 of Art. 21 of Federal Law No. 44-FZ, Decree of the Government of the Russian Federation dated 06/05/2015 No. 553.554, amends the GHG to use savings. Procurement plans (PPs) also have grounds for changes in such a case; this is clause 5, part 6, article 17 of the Law, plus Resolution of the Government of the Russian Federation dated 06/05/2015 No. 552.

These legal acts are enough to legally take advantage of the savings.

When only the schedule changes

If savings are spent on additional volume within one purchase under the PP, then the PP itself remains unchanged. For example, as a result of the EA, enough funds were freed up for the supply of furniture to purchase a dozen more chairs. A good reason to organize another auction, and the algorithm is quite simple:

• in accordance with the concluded contract, the amount in the “planned payments” column is changed (while the NMCC remains the original);
• in the “Justification for changes” field, find the value “Resulting savings...”;
• Based on the existing purchase of the PP, a new item is added to the PG; in the “NMCC” detail, the amount is indicated, taking into account savings.

The new IKZ will differ in digits 27-29 by only one digit - the serial number of the purchase in the PG.

Big goals require big efforts

Often, due to production needs, saved funds are used for other purposes. For example, they decide to spend the savings from bidding for the supply of a car on the purchase of communication services.

In this case, new purchases are agreed upon with the GRBS, for which changes are made to budget estimates and redistributions in the limits of budget obligations are approved.

Then, in the PP, the volume of financial support is changed (reduced or increased) to the required amount, and if necessary, new positions are introduced. This also applies to special purchases, if savings are allocated to direct purchases, taken into account in the PP in one line.

After changes in the PP, the corresponding positions in the PG are changed: the amounts of “planned payments” of existing purchases are clarified, new positions are added.

You should not pay attention to the numbers with a minus, because “NMCC” and “planned payments” are not identical concepts. The amount of NGMC NG is not taken into account in any calculations.

ATTENTION! To automatically generate all reports and check those already created in the UIS, use our software. The program will also check your purchases for errors for free, calculate the NMCC and SKP, and help you find the necessary

• On 06/23/2018
• 0 Comments
• 44-FZ, EIS, Purchasing from a single supplier, Procurement planning, Electronic auction

Sometimes during the procedure the government customer manages to save budget funds. Is it necessary to change the planning documents in this case? And does the customer have the right to purchase from a single supplier if he decided to use the funds to satisfy his needs?

Legal requirements

Procurement plan

Parts 1, 2 and 4 of Article 17 of Law 44-FZ states that the procurement plan reflects information about planned expenses during the period for which this plan was drawn up. When the procurement plan should be changed is stated in Part 6 of Article 17 of the law. The same is stated in paragraph 8 of the Requirements for the formation, approval and maintenance of procurement plans, approved by Government Decree No. 1043 of November 21, 2013. In accordance with the provisions of these norms, changes to procurement plans are made, including when the customer uses savings, which is obtained as a result of procurement.

Conclusion: the reflection of savings in the procurement plan depends on whether the customer will use the savings.

Schedule

Article 21 of Law 44-FZ states that the basis for procurement is, which is formed, in turn, on the basis of the procurement plan and contains a list of expected expenses for the financial year.

Registration in ERUZ EIS

From January 1, 2019 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:

Concerning schedule changes, then this issue is regulated by part 13 of article 21 of the law, as well as paragraph 10 of the Requirements for the formation, approval and maintenance of a schedule, approved by Government Decree No. 554 of June 5, 2015. In accordance with these standards, schedules change when changes are made to the procurement plan, as well as in other cases specified in these norms.

One of these “other cases” is given in subparagraph “d” of paragraph 10 of the Requirements from Resolution No. 554. Such a case is savings received by the customer based on the results of the procurement in the financial year. As you can see, there is no mention of using this saving.

However, regarding the deadline for making such changes, we note the following. In accordance with paragraph 11 of the Requirements for the schedule, changes can be made to it in relation to the procurement object no later than 10 days before the date of publication in the Unified Information System of the notice of this purchase, and if a non-competitive procedure is carried out - before the date of conclusion of the contract. Paragraph 3 of the Requirements for the Schedule states that changes in the relationship with savings are included in the “Planned Payments” section.

So, the law requires changes to the schedule for the procurement object, which is only planned, and not about the one which has already been completed. At the same time for the case of savings from the use of budget allocations, an additional rule is provided - it is necessary to change information about already made purchases in the “Planned payments” column. And this must be done no later than 10 days before the publication of a new purchase in the Unified Information System, which is carried out using saved funds, or the conclusion of a contract with a single supplier.

Based on all that has been said, we can conclude that reflection of savings in the schedule is applicable to the situation when a new purchase is made with these funds. But if these funds are not used to meet the needs of customers, then:

• no contract is concluded;
• the procurement notice is not posted in the Unified Information System.

Accordingly, the deadline for entering information into the schedule about the resulting savings does not occur. Thus, there is no need to make these changes to the planning documents.

Conclusion: the schedule should also be changed only if it is decided to use the saved funds for another purchase.

Is it possible to conclude a contract with a single supplier?

It follows from the legal norms that the customer can use the saved funds for procurement in order to meet his needs. At the same time, he can carry out both competitive procedures and in accordance with Article 93 of Law 44-FZ.

Changing information about the purchase that resulted in savings

Sometimes customers doubt whether it is necessary to change in planning documents information about items in the procurement of which savings occurred? We will answer that there is no need to do this. This conclusion is confirmed by the explanation of the Ministry of Economic Development of Russia in letter dated June 11, 2015 No. D28i-1757.

Planned supply documents created by the customer are required (UIS). They must reflect the customer's needs 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 purchasing 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 the new edition in the Unified Information System (Part 9 of Article 17 of Federal Law No. 44). Clause 4.1.9 contains detailed instructions on how to make changes to the procurement plan (in the electronic version of the published document).

The procedure is simple. You need to find the required document in the UIS 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 “Make changes.”

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

The edited electronic document is subject to publication in the Unified Information System, 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, duration of the contract, payment procedure or advance amount, start date of the procedure, method of determining the supplier;
• implementation of the decision of mandatory public discussion;
• Cancellations.

How to fix the schedule

The algorithm for making edits is similar to editing a procurement plan.

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

Select "Make Changes".

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

From 07/01/2018, the government customer can change the schedule one day before posting the notice or, if the notice does not need to be published, the day before signing the government contract in the following cases (Part 14, 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 government order if the competition did not take place;
• request for proposals if the re-tender did not take place;
• a new request or an open re-tender, if it did not take place;
• a request for proposals in electronic form or a new request if an electronic tender or electronic auction has not taken place;
• new procurement, if a request for quotation, electronic request for quotation, request for proposals or electronic request for proposals has not taken place.

At the same time, a notice can be posted and a government contract can be signed only after the amendments have been published in the Unified Information System.

By virtue of clause 10 of Resolution No. 553 and clause 12 of Resolution No. 554, in the case of a request for quotations for the provision of humanitarian assistance or emergency response, the government customer has the right to adjust the schedule on the same day when it sends an invitation to participate to potential executors of the government contract.

In other cases, it is necessary to change the schedule no later than 10 calendar days before the date of publication of the procurement notice or signing of the government contract, if the notice does not need to be published (Part 14, Article 21 of Law No. 44-FZ).

Correcting the procurement plan according to 223-FZ

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

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

The new edition must be signed electronically by an authorized representative of the customer and then published in the Unified Information System.

If competitive procedures are carried out, amendments are made within a period not later than the notice is posted in the Unified Information System. It is recommended that this deadline be observed when making purchases by other means in order to comply with the principle of information openness.