Savings in procurement: when is it necessary to change the plan, the procurement schedule? On the indication and change of NMCC in the procurement schedule, notification and documentation on the procurement of NMCC at the planning stage

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 the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 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 on 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 the Recommendations).

According to part 2 of article 112 of Law N 44-FZ, customers place in a single 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 dated December 27, 2011 N 761 / 20n (hereinafter - Order N 761/20n), taking into account the features 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 "i" and "k" of sub-clause 2 of clause 5 of the Specifics established that the NMCC and the amount of the application security are set in units - thousands of rubles.

Thus, the determination of the NMCC is carried out 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 NMCC in units determined by the specified Features.

According to 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 documentation on the purchase of NMCC to the nearest cent 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 schedules are made in the event of a change by more than 10% of the cost of goods, works, services planned for purchase, identified as a result of preparation for placing a specific order, as a result of which it is impossible to place an order for supply of goods, performance of work, provision of services in accordance with the initial (maximum) price of the contract provided for 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) price of the contract, which differs by no more than 10% from that specified 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 notice of procurement, generated on the basis of the schedule, the user of the unified information system must click on the hyperlink "Change information generated on the basis of the schedule". 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 body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts.

Details 11.05.2017 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 amended. Let's 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 adjust the information in other documents: the procurement plan, the rationale for it, the rationale for the schedule.

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

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

Coordinate with the manager

To change the schedule, you must obtain the consent of the head of the organization or other authorized person. There is no established form of consent. A contract service employee or contract manager can use an order or application, 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 specify the information that should be included in the schedule and 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 (UIS) or the Electronic Budget system. After that, within three working days, a new version of the schedule must be posted 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 schedule plans" on the EIS website and in the user manual "Purchase Planning" of the Electronic Budget system on the website of the Federal Treasury.

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In the article, we will consider when the customer should make changes to the plan, the procurement schedule, and pay special attention to such a basis as the resulting savings during procurement.

Changing the procurement plan

Changes to the procurement plan are made in accordance with Part 6 of Art. 17 of the Federal Law on the contract system, as well as Decrees of the Government of the Russian Federation dated 06/05/2015 No. 552, dated 11/21/2013 No. 1043.

Question: Do I need to reduce the amount in the purchase plan in the position where the savings occurred? The letter of the Ministry of Economic Development dated November 29, 2016 No. D28i-3256 states that if it is necessary for the customer to purchase goods, works, services through the use of savings obtained in the course of procurement in accordance with the legislation of the Russian Federation, the customer makes such a purchase as a new line in the 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.

Management of state and municipal purchases ( , , ak. hours) - an additional professional training program for contract managers, contract service specialists and purchasing commissions.

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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 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration 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:

• 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 take an example of when and how it is necessary to change planning documents on this basis.

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.

Rationale NMCC is the process of determining by the customer the marginal cost of the purchase, 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 justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer).

The restrictions 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 does not have the right to conduct a request for quotations.

Also, the price affects the timing of the procedure. For example, for electronic auctions with an initial value 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 at a cost of less than 3 million rubles - at least 7 days.

On July 1, 2018, the rule on the timing of consideration of the first parts of applications for participation in an electronic auction came into force. So, if the purchase price is less than 3 million rubles. the term for making a decision on admission to trading may not exceed 1 business day.

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

In addition, 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, it is possible to draw conclusions about the market situation among competitors and the chances of winning the tender.

NMCC at the planning stage

Calculation and justification of the NMTsK according to 44-FZ is carried out by the customer. Then he enters information about the price restriction of the purchase into the schedule. The justification of the NMCC in the schedule for 2020 of all customers is in the register of the Unified Information System (EIS).

Information on the initial cost of the contract must correspond to the calculations in the documentation. Realities differ from plans, so often customers correct this information and, as a result, must change the cost estimate.

For 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 captures other necessary information. You can download a sample NMCC justification form for 2020 according to 44-FZ from the link below.

Sample justification of the NMCC for a government contract with a single supplier

The bidding initiator is obliged to 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 (Article 22 No. 44-FZ) and specified in the Methodological Recommendations of the Ministry of Economic Development.

On February 26, 2019, on the official website of draft regulations, the Ministry of Finance published a notice on the development of new Methodological Recommendations. The text of the draft order is not yet available.

The law on the contract system prioritizes the justification of the NMTsK by the method of comparable market prices, an example and a detailed description of this method you can read in the article "How to justify the NMTsK by the method of comparable market prices".

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

At the same time, the rationale for the method for determining the NMCC can be established by additional methodological recommendations. The authority to adopt such documents belongs to the highest executive body of the constituent entity of the Russian Federation. For example, Decree of the Government of Moscow No. 242-RP, Decree 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 making a purchase for the needs of a constituent entity of the Russian Federation.

You can visually see how the sample calculation of the initial maximum contract price looks like (example according to 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 calculation methods of the NMCC.