Plan schedule according to Law 44. Filling out the schedule: step-by-step instructions

From January 1, 2017, the procurement procedure has changed. In particular, purchases not included in the schedules are now prohibited. Our trading expert Peter Vorontsov answered your questions. We hope that this material will help you understand how to draw up a schedule and there will be fewer gaps on this topic.

The schedule is a list compiled by the customer of goods, works, and services purchased throughout the calendar year (clause 2 of Appendix No. 1 to Order No. 761/20n). To prepare it, it is necessary to determine the responsible person, the goods (work, services) needed by the customer and the amount of money allocated for their purchase.

The schedule is filled out according to the form given in Appendix No. to Order No. 761/20n. It includes information about any planned purchases (clause 4 of Features No. 182/7n). This information should be indicated in the schedule for the year in which the procurement will begin.

Article "" - who draws up the schedule, how to approve it, how to make changes and place the schedule in the Unified Information System.

How to make a plan - schedule

Question 1:

The company enters into a service agreement with boiler room operators from November to April. How to reflect the amount in the schedule and procurement plan? Calculate the amount up to December 2017 inclusive, and from January to April conclude a new contract and include it in the 2018 schedule? Or at the end of heating until April? But this will already be 2018, and the plan is only for 2017?

There is no need to enter into two contracts. You will reflect your contract in the 2017 schedule (if the conclusion is planned in 2017). The specified contract is not required to be indicated in the 2018 schedule.

The schedule includes information about purchases that must take place in the planning period, and not about the execution of contracts that the customer will perform in the planning period.

Question 2:

Should we include payments that will be made in 2017 under contracts concluded in 2016 in the procurement plan and schedule for 2017?

No, they shouldn't. The procurement plan and schedule include information about purchases that must take place in the planning period, and not about the execution of contracts that the customer will perform in the planning period.

Question 3:

I spent 291,000 rubles on heat energy, instead of the planned 231,000 rubles. Do I need to first make adjustments to the schedule, and then submit the last report of completed work? And I can't understand the timing.

In this situation, you do not need to make changes to the schedule.

Question 4:

The organization is located in a building that belongs to the district administration; an agreement has been concluded for free use until 2025. We reimburse the administration for housing and communal services expenses. Do they need to be placed in the schedule and procurement plan?

The lease agreement was concluded until 2025 before Law No. 44-FZ came into force for you. As I understand it, you reimburse the expenses for housing and communal services to the administration under the specified agreement. Thus, these expenses are part of the obligations that arose before your company came under the scope of Law No. 44-FZ. These expenses should not be included in the total annual procurement volume and should not be considered as procurement under Law No. 44-FZ.

We recommend watching the recording of the webinar. The lecturer will tell you: how a procurement plan differs from a schedule, what acts regulate planning in addition to 44-FZ, what must be done, within what time frame, who is responsible for the result.

Question 5:

1. We will conclude new contracts for 2018 according to the rules of Law 44-FZ at the end of 2017. In the procurement schedule, in column 7 it is necessary to indicate payments for 2017 under the 2016 contract, and in column 8 the planned payments under the contract that will be concluded at the end of 2017 for 2018?

2. And in the order placement schedule, in column 9, should we indicate the amount for which we plan to conclude a contract in 2017 for 2018?

3. The agreement concluded in 2016 for 2017 does not specify the amount. Is it necessary to conclude an additional agreement to the contract for a specific amount for 2017 in December of this year in order to indicate it in the procurement plan and schedule?

4. In 2017, we will enter into an agreement for 2018 for the supply of spare parts for our vehicles in the amount of 200 thousand rubles. If in 2018 we need more spare parts than planned, will it be possible to conclude an additional agreement to the contract for some more amount? And what method of determining the supplier is better to choose for purchasing spare parts?

1. In column 7 of the schedule, you will have to reflect both payments under contracts of the previous year (2016) made in accordance with Law No. 44-FZ, which you will have to make in the current year (2017), and contracts of the current year with a payment due date of current year. In column 8 of the schedule, you must reflect the costs of contracts for the current year, which will be carried out in the first year of the planning period.

2. Column 9 of the schedule reflects the expenses that will be incurred by you in 2019 under contracts concluded in 2016-2017.

3. If you entered into an agreement in 2016 according to the rules of Law No. 44-FZ, then this is a violation. As I understand, you are a municipal unitary enterprise (SUE) and are switching to Law No. 44-FZ from Law No. 223-FZ. If I am right, then in this case purchases under Law No. 223-FZ, carried out in 2016, you do not need to reflect the 2017 schedule for purchases under Law No. 44-FZ.

Question 6:

Is the procurement identification code indicated in the procurement plan and schedule when purchasing from a single supplier?

The procurement plan and procurement schedule do not require reflection of all information on procurements carried out on the basis of clauses 4, 5, 26, 33 of part 1 of Article 93 of Law No. 44-FZ. Information about such purchases is reflected in the amount of the annual amount of financial support on this basis. In the schedule, information on such purchases is indicated in columns 1, 9 and 13 of the schedule form as a separate line (letter of the Ministry of Economic Development of the Russian Federation dated June 15, 2016 N OG-D28-7315). The procurement plan is filled out in the same way.

If the procurement is carried out on another basis of Article 93 of Law No. 44-FZ, for example, services of a natural monopoly, then you need to fill out the procurement identification code.

How to make changes to the plan - schedule

Question 7:

In the plan and schedule, the contract amount for utilities is 109 thousand, in fact, invoices were issued for 111 thousand. If we pay the actual invoices, how can we properly close the contract on the website? What changes should we make and where should we make them?

In this case, no changes to the schedule are required. Upon completion of the contract, enter into the contract register the data provided for in Article 103 of Law No. 44-FZ.

Question 8:

We are a municipal budgetary institution, we pay for the utility contract from the municipal assignment, at the end of the year we will pay from the income from paid services. What changes should be made to the schedule? And how to properly close a contract on a website?

If budget funds are exhausted to pay for utilities, I would recommend terminating the contract by agreement of the parties and concluding a new contract in accordance with Law No. 223-FZ, paying for services with income from paid services.

Question 9:

One of these days the budget for 2017 will be signed; within 3 days I need to set a preliminary schedule for 2017. On January 25, the budget will be finalized, the PFHD will be issued, and I need to make adjustments to the schedule. Am I doing everything right?

According to Part 10 of Article 21 of Law 44-FZ, budgetary institutions must approve the procurement schedule no later than 10 working days from the date of approval of the financial and economic activity plan. And, accordingly, within 3 days after approval, place it in the Unified Information System. The requirement to formulate a “preliminary plan-schedule” is not provided for by Law 44-FZ.

Question 10:

1. Is it possible to conclude contracts earlier than the published schedule, referring to Art. 425 of the Civil Code of the Russian Federation (legal relations that arose before the date of conclusion of the contract), or is it correct to conclude at the end of December?

2. If at the end of December 2016 the amount for the contract with execution in 2017 is included in the schedule. In 2017, the contract amount increases. Can you simply conclude an additional agreement or do you need to conclude a new agreement for an increased amount (the amount included in the 2016 schedule is not enough, but changes were made to the schedule in 2017)?

1. Based on the norms of Law No. 44-FZ, procurement is possible only after the formation and publication of a procurement plan and schedule.

1. A change in the price of a concluded contract is possible only within 10% (with a proportional increase in the volume of services provided, goods supplied, work performed). Otherwise, a new contract must be concluded.

Read the article on how not to get confused in these documents.

When should I post the plan and schedule?

Question 11:

A scheduled inspection revealed a violation: the schedule was approved by order of the head of the financial department dated January 28, 2015 and posted on the official website on the Internet on January 29, 2015. later than one calendar month after the decision on the budget dated December 19, 2014. Some auditors believe that the placement period is 01/31/2015, others consider the following. day of decision and budget. Budget allocations were completed on December 30, 2014. Was the deadline for publishing the plan/schedule actually violated?

Clause 2 of the Features..., approved by order of the Ministry of Economic Development of Russia and the Federal Treasury dated September 20, 2013. N544/18n, it is established that schedules must be posted on the official website no later than 1 month after the adoption of the law (decision) on the budget. Since the decision on the budget was made on December 19, 2014, the schedule should have been published before January 19, 2015. In the situation considered, the deadline for publishing the schedule was violated.

Question 12:

Do I understand correctly that I must submit the procurement plan and procurement schedule for approval within 10 days after the budget for 2017 and the planning period 2018-2019 are approved? After that, within 3 days I must place them in the EIS. The budget approval council is scheduled for December 22, so it turns out I must approve and post the procurement plan and procurement schedule in the Unified Information System by December 31, 2016?

You are right, the procurement plan and schedule must be approved within 10 working days after the adoption of the budget and posted in the Unified Information System within 3 working days after approval.

Thus, if the budget is approved on December 22, 2016, then the maximum deadline for publishing the procurement plan and schedule is January 17, 2017.

Question 13:

Confused with the timing of drawing up Procurement Plans and schedules.
The founder brought to us the numbers for drawing up the PFHD plan on 12/28/16. If I understand correctly, then we must draw up and approve it within 10 working days (until 01/17/2017), then within 10 working days we must draw up and approve the procurement plan and schedule (until 01/30/2017).
What then to do with the contracts and notices that we conclude for utility services in January. Will it not be a violation if the notice is posted earlier than the procurement plan?

In your case, you cannot place notices and enter into contracts until the procurement plan and procurement schedule are published in the Unified Information System. Try to approve and publish them as soon as possible, then you will have time to conclude contracts. Unfortunately, Law 44-FZ does not provide any other way.

The procurement plan is a list of tenders that the government customer is going to hold in the near future. It helps suppliers decide in advance which tenders are worth participating in and allocate the necessary resources for them. The procedure for drawing up, adjusting and publishing planning documents is set out in Articles No. 17 and No. 21 of 44-FZ, as well as in the block of Government resolutions No. 552-555.

Since 2016, a two-stage planning system has been introduced. If previously one document was enough, then in 2017, 2018 and subsequent years, government customers need to create two:

1. The procurement plan (PP) reflects the customer's needs for the next 3 years.
2. The schedule plan (PG) describes purchases in more detail for the coming year.

Both documents must be available for review: published electronically in the EIS system.

What is the planning period and timing of placement of PP and PG?

1. Until July 1 of the current year, employees of tender departments of government agencies are required to:
   - based on the approved budget, develop a procurement plan;
   - create a schedule based on it.
2. Ten days are given for approval of these documents by the treasury/founder.
3. Three more for publication in the EIS.

Due to the fact that it is difficult to accurately predict your needs 3 years in advance, tenders included in the planning period are gradually adjusted when their time comes. So, next year, 2019, the list of purchases for 2020 will be clarified and supplemented in the annual schedule, and long-term planning will cover a three-year period until 2022.

For violation of the regulations and deadlines for publishing planning documents, a fine of 5 to 30 thousand rubles is provided.

What purchases are reflected in the plans?

Unlike 223-FZ, where it is allowed not to publish small purchases in plans, 44-FZ obliges government customers to place in public access all tenders that do not constitute a state secret. Procurements not reflected in the plans are prohibited.

However, some positions are allowed not to be described in detail, indicating them only on one line. These include tenders for the supply of:

• products worth up to 100 thousand rubles;
• medicines;
• repairs and routine maintenance of premises not intended for residential use;
• training and guiding services;
• statistical analysis services;
• obtaining information from foreign sources.

What information from the PP might the supplier need?

The PP includes a lot of useful data for the supplier. First of all, regarding the tenders: the terms of purchase of goods and services, NMCC.

Also in the plans you can find:

• Identification codes.
• The amount of financing for the entire duration of the contracts, even if it exceeds the planning period.
• Information about the availability of public discussion on large tenders.

View a sample procurement plan here.

Can the customer make changes to the published plan?

According to 44-FZ, government customers have the right to edit the PP even after it is posted in the Unified Information System, including postponing the deadlines for electronic trading. The following reasons may serve as justification:

• The estimated cost of one or more purchases in the plan has changed.
• Amendments have been made to regulations. For example, to the federal or municipal budget.
• The format of the procedure has changed: type of bidding, timing, volume of technical and technical services.
• There were adjustments based on the results of public discussions.

Considering that procurement plans and schedules can be edited, you should keep in mind: documents that are posted in the Unified Information System may contain errors. The most common include:

• Incorrect NMCC. If you are interested in a tender, but suspect that the contract price is incorrect, please inform the customer.
• Small volume purchases are not included. This is a violation and a reason to file a complaint.

Where to look for procurement plans under 44-FZ?

Planning documents for specific government customers can be found in the open part of the UIS. Additionally, they can post them on their official websites.

The “Counterparties” service from Synapse greatly simplifies the task. Find an organization’s card by INN, OGRN, name or address and receive detailed information, including information about planned purchases.

The changes will come into force on October 1, 2019, and Government Resolutions on procurement planning No. 1043 of November 21, 2013, No. 552, No. 553, No. 554 of June 5, 2015 and No. 1168 of October 29, 2015 will become invalid as of January 1, 2020. The new integrated schedule contains information:

• about the purchases that will be placed;
• about invitations to participate in identifying a supplier that are planned to be sent in the next financial year or planning period;
• on purchases from the only suppliers with whom contracts are planned to be concluded in this period.

Who shapes

The new sample schedule is formed by:

• who speak on behalf of Russia;
• federal, regional and local budgetary institutions. An exception is purchases by;
• federal, regional and local unitary enterprises. The exception is procedures under Parts 21 and 6 of Art. 15 44-FZ;
• federal, regional and local autonomous institutions in procedures under Part 4 of Art. 15 44-FZ;
• state budgetary institutions, state autonomous institutions, state unitary enterprises at the federal, regional and local levels, other legal entities, if the powers of the customer are transferred to such organizations.

How are they formed

A new sample schedule is formed when:

• draw up and review draft laws (decisions) on budgets;
• such customers.

Plans and schedules of government customers who act on behalf of Russia, a constituent entity or a municipality are formed on the basis of justifications (calculations) of planned estimated indicators. These indicators are formed when compiling such customers as recipients of budget funds according to the requirements of the Ministry of Finance within the framework of the Budget Code.

Schedules of federal, regional and local budgetary institutions, with the exception of purchases under Parts 2 and 6 of Art. 15 44-FZ, are formed on the basis of justifications (calculations) of planned payment indicators. These payments are formed when drawing up plans for the financial and economic activities of such customers in accordance with the requirements of the Ministry of Finance under the federal law on non-profit organizations.

Plans and schedules of federal regional and local autonomous institutions in procurement under Part 4 of Art. 15 44-FZ are formed on the basis of a decision (a draft of such a decision agreed upon in the prescribed manner) on the provision of funds from the budgets of the budget system for capital investments in state-owned objects.

When approved

The new schedule is approved within 10 working days:

• from the day following the day the scope of rights in monetary terms to accept or fulfill obligations under budget legislation is communicated to the customer;
• from the day following the day of approval of the plan of financial and economic activity of an institution or plan (program) of financial and economic activity of an enterprise;
• from the day following the day the volume of rights in monetary terms to accept or fulfill obligations under budget legislation is transferred to the personal account, which is intended to record transactions under the powers transferred to the recipient of budget funds.

How to fill out: step-by-step instructions

1. Fill out section I.

This section contains the following information about the customer:

• full name;
• TIN and checkpoint;
• code according to the classifier of enterprises and organizations;
• code of legal form according to the classifier;
• code of the form of ownership according to the classifier of forms of ownership;
• location indicating the territory code of the locality, telephone number and email address.

The schedule, which contains information on procurement carried out within the framework of the powers of the state customer transferred to a budgetary, autonomous institution, state, municipal unitary enterprise, or other legal entity, indicates the full name, location, telephone and email address of such institution, unitary enterprise or legal entity.

2. Fill out section II.

In column 2 indicate the procurement identification code in the manner established in Part 3 of Art. 23 44-FZ.

For municipal customers:

Rules for filling out the schedule for 2019

Before we tell you how to fill out a schedule on the government procurement website, let’s look at the requirements for it. They are set out in the following regulations:

• in relation to federal budgetary institutions - PPR dated 06/05/2015 No. 553;
• in relation to constituent entities of the Russian Federation, municipal customers - PPR dated 06/05/2015 No. 554 and in acts of the constituent entity of the Russian Federation and local administrations.

Acts are developed in compliance with the requirements of the Decrees of the Government of the Russian Federation. For example, PP Yamalo-Nenets Autonomous Okrug dated November 14, 2014 No. 892-P “On approval of the Procedure for the formation, approval and maintenance of schedules for ordering goods, works, services to meet the needs of the Yamalo-Nenets Autonomous Okrug.”

Finally, let's move on to what schedule positions are and how to fill them out. The document is divided into columns and has a top part with basic information that is required to be filled out. It states:

• name and level of the customer - state, municipal, budgetary institution or unitary enterprise;
• organizational and legal form;
• location;
• contact details (email and telephone);
• cumulative annual order volume.

Step-by-step instructions for filling out

Here is a step-by-step filling out of the schedule for 2019.

1. The easiest part is filling out the header. Indicate all information about the institution, the year for which the document is being drawn up, and the date of completion.

2. The table is filled in columns (the difference between the schedule for federal customers and municipal customers is the presence of a seventh).

The first column is not filled in. IKZ is assigned for each position and is formed from the corresponding procurement object specified in the planning documents.

3. The name indicates the subject of the planned purchase agreement, and the branch in brackets. The description contains a summary of the order, which describes the essence of the subject of the contract.

4. The initial (maximum) price of the contract is indicated in thousands of rubles.

5. The amount of the advance payment provided for in the documentation and draft agreement is indicated as a percentage.

6. The amount of funds provided for each order is indicated here. Column No. 7 contains the amount of money for 2019, No. 8 and 9 - for 2019-2020, No. 10 - for 2021 and subsequent years in one amount.

7. The unit of measurement of the purchased product and its code according to the OKEI classifier are indicated.

8. The next block of the graph shows the volume (quantity) of purchased goods, works, and services. Column No. 13 contains the total volume, No. 14 - the envisaged volume for 2019, No. 15 and 16 - for 2019-2020, No. 17 - for 2021 and subsequent years.

9. The terms for delivery of goods, performance of work, provision of services for the quarter, year are indicated (broken down: weekly, monthly, quarterly, as needed, etc.).

10. The amount of security for holding tenders and auctions is indicated (0.5-5% of the NMCC). Please note that when conducting auctions with advantages (Articles 28, 29, 30 No. 44-FZ), the size should not exceed 2% of the NMCC. The field is not filled in if a purchase is made from a single supplier, by or on the basis of Part 2 of Art. 83 44-FZ.

12. Indicate the month and year when it is planned to announce the purchase (for example, 09.2018).

13. Indicate the month and year when the completion of the order is planned (for example, 12.2018).

17. This column shows information about prohibitions and/or restrictions on orders of foreign-made goods - Art. 14 44-FZ (approved in the Resolutions of the RF Government: No. 9 of 01/14/2017, No. 656 of 07/14/2014, No. 791 of 08/11/2014, No. 102 of 02/05/2015, No. 1289 of 11/30/2015, No. 126n of 04. 06 .2018, No. 832 of 08/22/2016, No. 1072 of 09/05/2017).

What is the difference between a procurement plan and a schedule?, will be discussed in detail in our material. We will also tell you what legislative acts regulate the preparation of these documents and what fines are established for violating the norms of these legal sources.

Difference between procurement plan and schedule, example 2018

The procurement plan and schedule are mandatory documents in the overall procurement planning procedure. Despite the fact that some of the information in them is duplicated, these acts still have different purposes and are addressed to different parties to the contract.

Thus, the procurement plan contains general information about planned acquisitions for a long period. It is the source document and is intended for the customer so that he can track the feasibility, validity and adequacy of financing of his projects.

The schedule is developed based on the procurement plan (almost simultaneously). His task is to clarify the conditions of each item of the procurement plan. The specified act is addressed to suppliers.

Let's look at this using the example of a budget educational institution:

1. According to the procurement plan for 2018-2020, the institution in 2018 must purchase furniture for classrooms for 500 thousand rubles.
2. The 2018 schedule includes information on how this purchase will be carried out: through 2 electronic auctions with a starting price of 300 thousand and 200 thousand rubles. respectively.

Differences between the procurement plan and the schedule (table)

In the previous part, we indicated the general semantic differences of the acts being studied. Let's look at more detailed differences in the table:

Thus, the planning documents mentioned in the article differ from each other not only in purpose, but also in the content and procedure for adoption. In this regard, the creation of plans is regulated by various regulations. In this case, violation of the rules for the development and adoption of documents is punishable by administrative fines.

Don't know your rights?

By what rules will procurement planning take place from 10/01/2019, has the form of the schedule changed, what new reasons for the change in the PG have been added and other important points, read on.

Cancellation of a procurement plan

News No. 1 was the reform of the procurement planning system for customers under Law No. 44-FZ. From October 1, 2019, customers will no longer need to generate two documents - the PP has sunk into oblivion, and only the PG remains. Such changes were brought about in the spring of this year by Law No. 71-FZ (clause 4 of article 1).

But we must not forget that until the end of this year, planning must be carried out according to the “old” rules. That is, throughout 2019 we are still forming both the PZ and the PG (Part 6 of Article 2 of Law No. 71-FZ). But for 2020 and the following years there will be no need to prepare PP.

Schedule form

In connection with this news, the main question that arose among customers was: “What will the new GHG look like?”

Yes, Art. 16 of Law No. 44-FZ will look new, and Art. 17 and 21 will be removed from the CC Law. Yes, in Art. 16 indicates the information that should be in the new PG. But, nevertheless, we did not receive an answer to the question about the appearance of the new document.

From October 1, procurement plans are canceled, so for 2020 you will only need to fill out a schedule. Read on to learn how to start planning.

Law No. 71-FZ only established that the PG includes the following information:

• name of the object and (or) names of procurement objects;
• volume of financial support;
• timing (frequency) of procurement;
• information about mandatory public comment;
• other information determined by the procedure provided for in clause 2, part 3, art. 16 of Law No. 44-FZ.

And clause 2, part 3, art. 16 indicates that the Government of the Russian Federation establishes the procedure for the formation, approval of PGs and amendments to them. So what is “other information” in relation to the new GHG?

Draft resolution of the Russian Federation

The draft Decree of the Government of the Russian Federation “On establishing the procedure for the formation, approval and placement of procurement in the UIS PG and the recognition of certain acts of the Government of the Russian Federation as invalid” will help to understand this issue, and at the same time some others.

As follows from the explanatory note to this project, it was developed in connection with the adoption of Law No. 71-FZ and complies with the provisions of the Treaty on the EAEU, as well as the provisions of other international treaties of the Russian Federation.

In the preamble of the resolution, we can immediately see that it invalidates RF PP 1043, 552, 553, 554, 555, 1168. That is, in their work, customers no longer use the “old” rules for the formation, approval and placement of PG.

It is also immediately apparent that there will no longer be separate regulatory documents for federal-level customers and separate ones for regional and municipal customers. If the project is accepted, there will be one RF PP for everyone.

See how to plan procurement now and during the transition period - until October 1, 2019, when the procurement plan will no longer be valid. Read which BCCs to indicate, how to formulate needs and draw up a draft plan. To help - examples and reference tables.

Game by new rules

The new schedule according to 44-FZ will be formed in the form of an electronic document and approved using an electronic signature. There is one exception - closed procurement with state secrets. In this case, the PG is formed as a separate annex to the PG with a confidentiality stamp and is not placed in the UIS.

The new resolution clarifies the procedure for forming the PG:

• state customers and municipal customers form PGs on the basis of justifications (calculations) of planned estimated indicators formed when drawing up budget estimates;
• budgetary institutions of all levels - on the basis of justifications (calculations) of planned payment indicators formed during the preparation of the financial statements;
• autonomous institutions of all levels - on the basis of a decision made (a draft of such a decision agreed upon in the prescribed manner) on the provision of funds from the budget for capital investments in state and municipal property.

The approval period has not changed - 10 working days from the day following the day the volume of rights is communicated in monetary terms, or from the day following the day the PFHD is approved.

The same resolution also specifies “other information” to be included in the PG, which is indicated by clause 6 of Part 2 of Art. 16 of Law No. 44-FZ, and also established the PG form. Instead of 33 columns in the “old” PG, the new one contains only 14. In addition to the above information, the PG will need to include:

• OKPD2 code of the GWS that are the subject of the procurement;
• name of the GWS that are the object of procurement, according to the OKPD2 classifier;
• name of the authorized body (institution);
• name of the organizer of the joint competition or auction.

The cases where customers in the PG indicate procurement information in one line in the amount of the annual amount of financial support have not changed. These are all the same cases defined by clause 7, part 2, art. 83, paragraph 3, part 2, art. 83.1 and clauses 4, 5, 23, 26, 33, 42 and 44, part 1, art. 93 of Law No. 44-FZ.

When allocating lots, the columns of the PG form are filled out separately for each lot.

Purchasing in the field of construction is separately highlighted by the resolution. Information on the procurement of construction, reconstruction, major repairs, and demolition of a capital construction facility is included in the PG in a separate line for each such facility.

Also in the new RF PP it is noted that state customers, Federal State Budgetary Institutions, Federal State Unitary Enterprises, Federal State Autonomous Institutions, and other legal entities, when transferring the powers of the state customer to them, form, approve and place PGs using the “Electronic Budget” system. Other categories of customers do this by filling out screen forms in the UIS web interface or through the interaction of the UIS with regional and municipal information systems.

Change of schedule according to 44-FZ

The reasons for the change in PG were also adjusted. Changes are now made if necessary in the following cases:

• bringing GHGs into compliance in connection with changes in the requirements for purchased GWS (including the marginal price of GWS) and (or) standard costs established in accordance with the standardization;
• bringing the PG into compliance in connection with a change in the delivered volume of rights in monetary terms, a change in PFHD indicators, a change in relevant decisions and (or) agreements on the provision of subsidies;
• implementation of the decision made by the customer based on the results of mandatory public discussion;
• use of savings obtained during procurement;
• clarification of information about the procurement object;
• execution of instructions from control authorities;
• recognition of the PPI determination as invalid;
• termination of contract;
• the occurrence of other circumstances that were impossible to foresee when approving the PG.

Important points:

• changes are made only when necessary, and not in all cases of the occurrence of the listed circumstances;
• The highest executive bodies of state power of a constituent entity of the Russian Federation and local administrations can no longer establish other cases in the event of which customers can make changes to the PG.

Taking into account the above, as well as the fact that the new Art. 16 of Law No. 44-FZ, the highest executive bodies of state power of a constituent entity of the Russian Federation, local administrations are not vested with the authority to approve the procedure for the formation, approval and maintenance of PGs for the needs of constituent entities of the Russian Federation and municipal needs, as is now indicated in Art. 21 of Law No. 44-FZ, this body no longer needs to issue regional and municipal regulations regarding GHGs.

The procedure for making changes to the PG during procurement in accordance with Art. 82 of Law No. 44-FZ - ZK for the purpose of providing humanitarian assistance or eliminating the consequences of emergencies of a natural or man-made nature.

If previously it was indicated that changes are made on the day the request for quotation is sent to procurement participants or on the day the contract is concluded, if the purchase is carried out from the EP under clause 9, part 1, art. 93 of the Law on the Constitutional Court, now the legislator sets not “on the day”, but “no later than the day”. That is, it is possible earlier, but not later. This seems logical and correct.

Bottom line

Of course, this is just a draft for now and whether it will be accepted is not clear. However, given the imminent date from which the formation of the PG must take place according to the new rules, the legislator does not have much time to change anything radically. Therefore, most likely, this draft will be adopted, and we will see the resolution on GHGs exactly in the form in which it is currently being discussed.

Attached files

• Order on amendments to the procurement schedule by federal level customers.doc
• Form for justifying the schedule for 2018.docx
• Schedule for 2019 for regional and municipal customers.xlsx
• Schedule for 2019 for federal customers.xlsx