When you need to make changes to plans and schedules. Savings in procurement: when is it necessary to change the plan, procurement schedule? Nmc change of the only supplier in terms of graphics

In a letter dated November 22, 2017 No. 24-01-09 / 78284, the Ministry of Finance said what would happen if the customer violates the requirements for justifying the NMCK when the procurement is included in the schedule. You can find the text of the letter below.

Letter of 22.11.2017 No. 24-01-09 / 78284

NMC or the contract price when purchasing from a single supplier must be justified even at the stage of including the purchase in the schedule. This requirement is provided for by the 44th law. It is possible to do without justifying the price of the contract only in relation to special purchases (clauses 4.5, 26, 33, part 1 of article 93 of the 44th law), according to which their annual size must be justified. Such an exception is expressly provided for by the procurement justification rules established by the 555 government decree.

In the absence of justification or its inconsistency with the established requirements, the guilty employee of the customer may be held liable under Art. 7.29.3 Administrative Code of the Russian Federation. According to part 1 of this article, the fine for the violation may range from 20 to 50 thousand rubles.

The Department of Budgetary Policy in the field of the contractual system, having considered the appeal on the issue of bringing the customer's official to responsibility on the basis of Article 7.29.3 of the Code of Administrative Offenses of the Russian Federation, reports the following.

In accordance with clause 1 of part 3 of article 18 of the Federal Law of 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 - the Law on the contract system) when forming a plan- the schedule is subject to justification for the initial (maximum) contract price, the contract price in the manner prescribed by Article 22 of the said Federal Law.

The rules for justifying the procurement of goods, works and services to meet state and municipal needs were approved by the Resolution of the Government of the Russian Federation of 05.06.2015 N 555 (hereinafter - Rules N 555).

The provisions of Part 1 of Article 7.29.3 of the Code of Administrative Offenses of the Russian Federation provide for administrative responsibility for the inclusion in the procurement plan or procurement schedule of a procurement object or objects that do not meet the objectives of procurement or established by the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on the contractual system in the field of procurement requirements for goods, works, services and (or) regulatory costs purchased by the customer, or inclusion in the procurement schedule of the initial (maximum) contract price, including the one concluded with a single supplier (contractor, performer), for which there is no justification or complies with the requirements established by the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on the contractual system in the field of procurement.

Thus, the authorized officials of the customer who included in the procurement schedule the initial (maximum) price of the contract, including the one concluded with a single supplier (contractor, performer), in respect of which there is no justification or does not meet the requirements of the legislation in the field of the contract system, are subject to bringing to administrative responsibility in accordance with part 1 of article 7.29.3 of the Administrative Code of the Russian Federation.

At the same time, paragraph 6 of Regulation No. 555 provides that with respect to purchases carried out in accordance with paragraphs 4, 5, 26 and 33 of part 1 of Article 93 of the Law on the Contract System, the annual volume of these purchases is subject to justification.

Director of the Department of Budgetary

contract policy

Details 05/11/2017 10:59

If the purchase is not included in the schedule or the data on the previously planned purchase is out of date, the document needs to be changed. We will figure out how to do it according to all the rules

Estimate the amount of change

It may be necessary to make changes not in one, but in several columns of the schedule, as well as correct information in other documents: procurement plan, justification for it, justification for the schedule.

For example, a request for quotations is planned on the basis of Part 2 of Art. 72 of Law N 44-FZ with an initial maximum contract price (NMCK) of 500 thousand rubles. without enforcing the contract. Due to the rise in the cost of goods, it was decided to increase the NMCK to 600 thousand rubles. In addition to changing the column with the NMCK in this case, you need:

  • correct the size of the planned payments;
  • replace the method of determining the supplier, since NMCK for requesting quotations on the specified basis cannot exceed 500 thousand rubles;
  • to establish the amount of security for the application and the performance of the contract, if such security is provided for a new method of procurement.

Check with your supervisor

To change the schedule, you need to obtain the consent of the head of the organization or other authorized person. There is no established form of approval. The contract service employee or contract manager can use the order or request, where he must justify the changes.

To do this, use the grounds that are given: for federal customers - in clause 8 of Rules N 553; for regional and municipal customers - in clause 10 of Requirements N 554.

The document must indicate the information that should be included in the schedule and in other procurement planning documents.

Make changes

Changes must be made to the current electronic version of the schedule using the functionality of the Unified Information System (EIS) or the Electronic Budget system. After that, within three working days, the new edition of the schedule must be placed in the EIS.

The procedure for changing the electronic version of the schedule is described in detail in the user manual "Formation and placement of procurement plans and procurement schedules" on the UIS website and in the user manual "Procurement planning" of the "Electronic budget" system on the website of the Federal Treasury.

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MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

The Department for the Development of the Contract System of the Ministry of Economic Development of Russia considered an appeal on the application of the provisions of Federal Law No. 44-FZ dated April 5, 2013 "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law No. 44 -FZ) and reports within its competence.

Order of the Ministry of Economic Development of Russia dated October 2, 2013 N 567 approved methodological recommendations for the application of methods for determining the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) (hereinafter referred to as Recommendations).

In accordance with part 2 of article 112 of Law N 44-FZ, customers place in a unified information system in the field of procurement schedules for placing orders for 2014 - 2016 according to the rules approved by the joint order of the Ministry of Economic Development of Russia and the Federal Treasury of December 27, 2011 N 761 / 20n (hereinafter - Order N 761 / 20n), taking into account the specifics established by the joint order of the Ministry of Economic Development of Russia and the Treasury of Russia dated March 31, 2015 N 182 / 7n (hereinafter - Features).

The provisions of sub-clauses "and" and "k" of sub-clause 2 of clause 5 of the Features established that the NMC and the amount of the application security are established in units of thousands of rubles.

Thus, the determination of the NMCK is made during the formation of a procurement schedule, preparation of a notice of procurement, procurement documentation. At the same time, in the procurement schedule, the customer indicates the NMCK in units determined by the specified Features.

In the opinion of the Department for the Development of the Contract System of the Ministry of Economic Development of Russia, the indication in the notice of the procurement, the procurement documentation of the NMCK to the nearest kopeck does not contradict the provisions of Part 12 of Article 21 of Law No. 44-FZ.

In addition, we inform you that, according to Order N 761 / 20n, changes to the schedules are made in the event of a change of more than 10% in the cost of goods, works, services planned for purchase, revealed as a result of preparation for placing a specific order, as a result of which it is impossible to place an order for delivery of goods, performance of work, provision of services in accordance with the initial (maximum) price of the contract, stipulated by the schedule.

Thus, if, when generating a notice and procurement documentation in a unified information system in the field of procurement based on the position of the schedule, it becomes necessary to indicate the initial (maximum) contract price that differs by no more than 10% from that indicated in the schedule, then it is also necessary to edit the corresponding field filled in based on the data specified in the schedule.

To change the data in the purchase notification generated on the basis of the schedule, the user of the unified information system must click on the "Change information generated on the basis of the schedule" hyperlink. Detailed instructions for performing this action are given in section 4.6.2.1.3 of the User Guide for the unified information system in the field of procurement.

At the same time, we would like to draw your attention to the fact that clarifications of a public authority have legal force, if this authority is endowed in accordance with the legislation of the Russian Federation with special competence to issue clarifications on the application of provisions of regulatory legal acts.

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 dated 05.06.2015 No. 552, dated 21.11.2013 No. 1043.

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

Registration in ERUZ UIS

From January 1 2020 years to participate in trades under 44-FZ, 223-FZ and 615-PP registration is required in the register of URUZ (Unified Register of Procurement Participants) on the UIS (Unified Information System) portal 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 requirements for objects have changed;
  • they must be brought in 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 a mandatory public comment on the procurement;
  • savings were generated during the purchase;
  • in other cases that 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 dated 05.06.2015 No. 553, dated 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 volume and cost of objects changed, and as a result, it is impossible to carry out the purchase.
  2. The timing or frequency of the purchase, the date of the beginning and the end of the auction, the method of determining the supplier, the amount of the advance, the terms of payment have changed.
  3. Purchase canceled.
  4. The customer has generated savings in the current fiscal year.
  5. The supervisory authority issued a procurement order.
  6. Based on the results of 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 purchasing activity of the customer. And one of them is budget savings. Let's consider an example when and how it is necessary to change planning documents on this basis.

Situation 1. The client needs office furniture and announces an electronic auction. He plans to buy another piece of furniture with the same OKPD-2 for the funds that will be saved during the auction. In this case, the customer only needs to make changes to the schedule. The purchase plan remains the same, since the new purchase will be posted within one of its items. As for the schedule, a new position is entered 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 item is entered in both the purchasing plan and the schedule. In the schedule, the planned payments for the corresponding line are changed. In the procurement plan, changes are made to the amount of financial security. 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 in 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 and Trade 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 entered in a new line in the procurement plan and schedule. At the same time, the NMCK of purchases for which savings were obtained should remain unchanged.

Justification of the NMCC is the process of determining the maximum purchase price by the customer, above which he will not be able to conclude a contract with a potential supplier. We analyzed all the stages of justifying the initial maximum contract price under 44-FZ, examples, including the justification of the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer).

The limitations that exist when choosing the procedure for determining the contractor directly depend on the value of the initial cost. For example, if the initial maximum cost under 44-FZ exceeds 500,000 rubles, the customer is not entitled to request for quotations.

Also, the price affects the timing of the procedure. For example, for electronic auctions with an initial cost of more than 3 million rubles, the deadline for submitting applications is at least 15 days from the date of placement of the notice in the EIS, and for a cost of less than 3 million rubles - at least 7 days.

From 01.07.2018, the rule on the timing of consideration of the first parts of applications for participation in an electronic auction came into force. So, with a purchase price of less than 3 million rubles. the term for making a decision on admission to trading cannot exceed 1 business day.

At the same time, since July, the NMCC began to influence the obligation of state customers to establish the security of applications. If the NMCK does not exceed 1 million rubles, the state customer has the right (but is not obliged!) To require the participant to provide an offer (Article 44). The Ministry of Finance confirmed these conclusions in a letter No. 24-06-08 / 70718 dated 02.10.2018.

We add that the supplier needs to understand that determining the marginal cost of the purchase is an important stage of participation. Based on the information provided in the schedule and procurement documentation, conclusions can be drawn about the market situation among competitors and about the chances of winning the tender.

NMC at the planning stage

The calculation and justification of the NMCK according to 44-FZ is carried out by the customer. He then enters the purchase price cap information into the schedule. The substantiation of the NMCC in the schedule for 2020 of all customers is in the register of the Unified Information System (EIS).

The information on the initial cost of the contract should be consistent with the calculations in the documentation. Realities differ from plans, therefore, customers often correct this information and, as a result, must change the calculation.

For the calculation, the customer uses the form recommended by the Ministry of Economic Development. In it, he reflects the entire calculation process, details of supporting documents, indicates the date of summing up, and also fixes other necessary information. You can download a sample form of justification for the NMCK for 2020 according to 44-FZ at the link below.

Sample justification for NMCK for a government contract with a single supplier

The initiator of the tender must finally fix the maximum price of the planned contract in the schedule no later than ten days before the placement of the procurement documentation in the EIS.

Justification methods

The main features of the five procedures for determining the maximum cost are set out in the law (Art. 22 No. 44-FZ) and specified in the Methodological Recommendations of the Ministry of Economic Development.

On February 26, 2019, the Ministry of Finance published a notice on the development of new Methodological Recommendations on the official website of draft regulations. There is no draft order text yet.

The Law on the Contract System prioritizes the substantiation of the NMCK by the method of comparable market prices, an example and a detailed description of this method can be found in the article "How to substantiate the NMCK by the method of comparable market prices."

We have also prepared articles on the other four methods, you can find them on the links below:

At the same time, the substantiation of the method for determining NMCC can be established by additional methodological recommendations. The authority to adopt such documents belongs to the supreme executive body of the constituent entity of the Russian Federation. For example, Order of the Government of Moscow No. 242-RP, Order of the Government of the Sakhalin Region No. 117-r, etc.

Thus, the customer has the right to act within the framework of additional recommendations when conducting a procurement for the needs of a constituent entity of the Russian Federation.

You can clearly see what a sample of calculating the initial maximum contract price looks like (example for 44-FZ) by downloading the file from the link below.

An example of justifying the price of a contract under 44-FZ

Other calculation options

In a situation where it is impossible to apply the calculation options established by the Law on the Contract System and the Methodological Recommendations, a procurement is carried out and a justification is drawn up for the impossibility of applying the methods of calculating the NMCK.

 

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