1. In order to ensure energy efficiency in the procurement of goods, works, services related to the scope of activities of natural monopolies, services for water supply, sewerage, heat supply, gas supply (except for services for the sale of liquefied gas not used as motor fuel), connection ( connection) to networks of engineering and technical support at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, as well as supplies of electrical energy, fuel oil, coal, supplies of fuel used for energy generation, customers have the right to enter into energy service contracts, the subject of which is the executor of actions aimed at energy saving and increasing the energy efficiency of using the specified energy resources (hereinafter referred to as the energy service contract).
2. An energy service contract is concluded separately from contracts for the supply of goods, performance of work, provision of services related to the scope of activity of natural monopolies, for the provision of services for water supply, sewerage, heat supply, gas supply, for connection (attachment) to engineering and technical support networks for prices (tariffs) regulated in accordance with the legislation of the Russian Federation for the supply of electrical energy, fuel oil, coal, and for the supply of fuel used for energy generation (hereinafter, for the purposes of this article, the supply of energy resources). The conclusion of an energy service contract is carried out in the manner established by this Federal Law, taking into account the provisions provided for in this article.
3. The initial (maximum) price of the energy service contract (lot price) is determined taking into account the customer’s actual expenses for the supply of energy resources for the previous year and cannot exceed the specified expenses, taking into account the specifics established by the Government of the Russian Federation in accordance with Part 19 of this article. The tender documentation, auction documentation, notice of a request for quotation shall indicate the initial (maximum) price of the energy service contract (lot price), including the costs of supplying energy resources, in relation to each type of goods, works, services, indicating the quantity of such goods, works, services and unit cost of each product, each work, each service, as well as one of the following conditions:
1) a fixed amount of savings in monetary terms of the customer’s corresponding costs for the supply of energy resources, the maximum percentage of the specified savings that can be paid to the contractor in accordance with the energy service contract;
2) a fixed percentage of savings in monetary terms payable to the contractor in accordance with the energy service contract on the corresponding costs of the customer for the supply of energy resources, the minimum amount of the specified savings in monetary terms;
3) the minimum amount of savings in monetary terms of the customer’s corresponding expenses for the supply of energy resources, the maximum percentage of the specified savings that can be paid to the contractor in accordance with the energy service contract.
4. When concluding an energy service contract, the draft of such a contract sent by the customer to the supplier must be based on the volume of consumption of energy resources agreed upon in the manner established by the legislation of the Russian Federation.
5. The customer, authorized body, authorized institution in the tender documentation, documentation on the electronic auction, notice of a request for quotation has the right to indicate the maximum amount of possible expenses of the customer in connection with the execution of the energy service contract.
6. When concluding an energy service contract through a tender or request for quotations, the customer, authorized body, authorized institution also indicate in the tender documentation or notice of a request for quotations the need to include in the application for participation in the tender or application for participation in the request for quotations one of the following proposals :
1) a proposal on the contract price or, in the case provided for in paragraph 1 of part 3 of this article, on the percentage of savings;
2) a proposal for an amount determined as the difference between the customer’s corresponding costs for the supply of energy resources (the initial (maximum) contract price) and the savings in monetary terms proposed by the procurement participant for the specified costs of the customer, in the case provided for in paragraph 2 of part 3 of this article;
3) a proposal for an amount determined as the difference between the customer’s corresponding expenses for the supply of energy resources (the initial (maximum) contract price) and the savings in monetary terms of the customer’s specified expenses, proposed by the procurement participant and reduced by a value corresponding to the percentage of such savings proposed by the procurement participant , in the case provided for in paragraph 3 of part 3 of this article.
7. When concluding an energy service contract through a tender or request for quotations, an application for participation in the tender or an application for participation in a request for quotations must contain proposals provided for in paragraphs 1 - 3 of part 6 of this article, depending on the conditions provided for in the tender documentation or notice of the request for quotations.
8. In the cases provided for in paragraphs 2 and 3 of part 6 of this article, the winner of the request for quotation is the person who made the offer for the lowest amount.
9. In the cases provided for in paragraphs 2 and 3 of part 6 of this article, in order to determine the best conditions for the execution of the energy service contract proposed in applications for participation in the competition, the competition commission, instead of such a criterion for evaluating the application for participation in the competition as the contract price, evaluates and compares such a criterion as a proposal for an amount, in order to identify the best conditions for the execution of this contract, the corresponding costs of the customer for the supply of energy resources, which the customer will incur as a result of the conclusion and execution of the energy service contract, as well as the expenses that the customer will incur under the energy service contract. In this case, the consideration and evaluation of applications for participation in the competition in accordance with such a criterion as the offer of an amount are carried out in the manner established by the Government of the Russian Federation in accordance with Part 8 of this Federal Law in relation to such a criterion as the contract price, taking into account the features established by this article.
10. When concluding an energy service contract through an electronic auction, such an auction is held by reducing one of the following indicators:
1) the price of the energy service contract or, in the case provided for in paragraph 1 of part 3 of this article, the percentage of savings;
2) a proposal for an amount determined as the difference between the customer’s corresponding costs for the supply of energy resources (the initial (maximum) contract price) and the savings in monetary terms of these costs proposed by the participant in such an auction, in the case provided for in paragraph 2 of part 3 of this article;
3) a proposal for an amount determined as the difference between the customer’s corresponding costs for the supply of energy resources (the initial (maximum) contract price) and the savings in monetary terms of these costs proposed by the participant in such an auction and reduced by a value corresponding to the percentage of this proposed by the participant in such an auction savings, in the case provided for in paragraph 3 of part 3 of this article.
11. In the cases provided for in paragraphs 2 and 3 of part 10 of this article, the winner of the electronic auction is the person who made an offer for the lowest amount.
12. In the case provided for in paragraph 3 of part 10 of this article, when concluding an energy service contract, the winner of an electronic auction or a participant in this auction with whom an energy service contract is concluded while evading the conclusion of a contract of this winner, determines the amount of savings in monetary terms of the corresponding costs of the customer for the supply of energy resources and the percentage of such savings, taking into account the minimum percentage of such savings and the maximum percentage of such savings provided for in the electronic auction documentation, as well as the proposal for the amount of this winner or this participant.
13. The energy service contract is concluded at a price, which is determined as:
1) a fixed percentage of savings in monetary terms on the corresponding costs of the customer for the supply of energy resources, proposed by the procurement participant with whom such a contract is concluded, in the case specified in paragraph 1 of part 3 of this article;
2) a fixed percentage of savings in monetary terms on the corresponding costs of the customer for the supply of energy resources, proposed by the procurement participant with whom such a contract is concluded, in the case specified in paragraph 2 of part 3 of this article;
3) percentage savings in monetary terms of the customer’s corresponding costs for the supply of energy resources, proposed by the procurement participant with whom such a contract is concluded, in the case specified in paragraph 3 of part 3 of this article.
14. When concluding an energy service contract, it indicates savings in kind in the corresponding costs of the customer for the supply of energy resources for each type of such resources, calculated from a fixed amount of savings in monetary terms (in the case provided for in paragraph 1 of part 3 of this article) or proposed by the procurement participant (in the cases provided for in paragraphs 2 and 3 of part 3 of this article) savings in monetary terms of the specified expenses, as well as the cost of a unit of each product, each work or each service specified in the tender documentation, documentation on the electronic auction, notice of a request for quotation.
15. When concluding an energy service contract, this contract also indicates, in the case provided for in paragraphs 1 and 3 of part 3 of this article, the percentage of savings proposed by the procurement participant in the corresponding costs of the customer for the supply of energy resources or in the case provided for in paragraph 2 of part 3 of this article, a fixed percentage such savings. The percentage of such savings specified in the energy service contract cannot change during the execution of this contract.
16. The amount of security for the execution of the energy service contract is determined by the customer in the procurement documentation from five to thirty percent of one of the following values:
1) the maximum percentage of a fixed amount of savings in monetary terms of the corresponding costs of the customer for the supply of energy resources, which can be paid to the contractor under the energy service contract, in the case specified in paragraph 1 of part 3 of this article;
2) a fixed percentage of the minimum amount of savings in monetary terms of the customer’s costs for the supply of relevant energy resources, payable to the contractor under the energy service contract, in the case specified in paragraph 2 of part 3 of this article;
3) the maximum percentage of the minimum amount of savings in monetary terms of the corresponding costs of the customer for the supply of energy resources, which can be paid to the contractor under the energy service contract, in the case specified in paragraph 3 of part 3 of this article.
17. The obligation of the contractor provided for by the energy service contract is to ensure savings in kind provided for by the contract in the corresponding costs of the customer for the supply of energy resources without taking into account savings in value terms. In this case, the requirements for the conditions of execution of the energy service contract established in accordance with Part 19 of this article are taken into account.
18. Payment for an energy service contract is carried out based on the amount of savings provided for by this contract in kind of the corresponding costs of the customer for the supply of energy resources, as well as the percentage of such savings determined in value terms at prices (tariffs) for the relevant energy resources actually established during the period of execution of this contract.
19. The Government of the Russian Federation establishes requirements for the conditions of an energy service contract, including requirements for the conditions for the execution of such a contract, including the conditions for payment of such a contract (in terms of the procedure for determining the actual prices (tariffs) for energy resources in order to pay for such a contract), features determining the initial (maximum) price of the energy service contract (lot price) (including the period for which the customer’s expenses for the supply of energy resources are taken into account).
The methodology for assessing the effectiveness of public procurement in the Russian Federation is intended to assess the activities of government customers from the point of view of efficiency, legality, and discipline in the execution of government functions by them to meet government needs for goods, works, and services.
Within the framework of the methodology, both a rapid assessment of the effectiveness of individual purchases and an analytical assessment of the effectiveness of purchases as a whole for customers and industries are carried out.
There is a traditional assessment - assessing the effectiveness of spending budget funds for a specific purchase. This assessment will allow you to quickly determine what budget savings are for each specific purchase. However, the ordering system is not evaluated or analyzed here.
Therefore, along with operational assessment, an analytical comprehensive assessment is being introduced, which makes it possible to evaluate not individual order placements, but their entire system as a whole, to evaluate not only money savings, but also a whole range of indicators of the efficiency of the procurement system, in particular - planning, determining the initial price, average deviations of contract prices from the industry average, compliance with legislation when placing orders, execution of contracts.
Both types of assessment are used in parallel - operational for each purchase, analytical - comprehensively, based on the results of the reporting period for individual customers, industry departments, procurement sectors, and the entire public procurement system of the Russian Federation.
The results of each specific purchase are assessed for the effectiveness of spending budget funds by determining savings. Savings are determined as a percentage of the initial contract price.
At the same time, an assessment is given based on the savings obtained and specific recommendations are given for increasing savings during procurement.
The efficiency indicator (E) is calculated as:
From the beginning- initial contract price,
From con- the price at which the contract is concluded.
At the same time, procurements are assigned different degrees of efficiency in spending budget funds.
Table 4. - Degrees of efficiency in spending budget funds
| Performance Indicator Value | Performance assessment | Necessary actions |
| E=0 | Ineffective | Market research Attracting suppliers |
| E<5% | Low efficiency | Market research Attracting suppliers The initial contract price may be very accurately determined |
| 5%<Е<12% | Regulatory efficiency | Doesn't require any special action |
| 12%<Е<20% | High efficiency | Particular attention to the performance of the contract by the supplier |
| E>20% | Unreasonable effectiveness | Checking the validity of the initial price Particular attention to the execution of the contract by the winner |
Particular attention is paid to procurement with unreasonable efficiency, which may be the result of dishonest actions of the winner or a significant increase in the initial contract price.
Nikolaev I. believes that in practice, the traditional assessment of procurement for the sole purpose of budget savings does not fully reflect the degree of procurement efficiency and can only be used for operational analysis. With such an assessment, a number of important indicators are excluded from the analysis, in particular the level of competition, compliance with legislation when placing orders, discipline in planning and execution of contracts. In addition, there are flaws in calculating savings relative to the initial contract price, since such calculations do not take into account the validity of determining the initial price and real market pricing conditions. Therefore, an analytical assessment of the effectiveness of government procurement in the Russian Federation is introduced, taking into account the above factors 14.
Based on the results of the reporting period (quarter, half-year, 9 months, year), a comprehensive indicator of the efficiency of procurement of all government customers of the Russian Federation is calculated.
To determine a comprehensive indicator, the most important indicators are used, demonstrating the main components of procurement and making it possible to formalize the approach to assessing effectiveness despite the characteristics of certain customers and industries of procurement.
Indicators characterize all stages of the order placement process - planning, order placement, contract execution and provide the most complete picture of the state of order placement.
In the calculation, in particular, the following indicators are used:
1. K1 - savings when placing orders.
The most important indicator. Shows how effectively the customer’s purchases are carried out in terms of budget savings. It is important that for comparison, it is not the initial price of the contract (which may be determined incorrectly) that is used, but the average prices of bidders’ proposals prevailing in the industry for the quarter (taken into account in relative values - the percentage reduction in the initial price).
K1=E/A*10, Where:
Units- savings achieved when placing orders during the reporting period;
ESR- average savings for a specific ordering industry for all customers during the reporting period.
Savings are determined by comparing the price of goods (work, services) purchased as a result of placing an order with the average price of goods (work, services) offered by suppliers using the following formula:
B(Tss)- the sum of the average prices of suppliers' offers (in the case of tenders, quotations - the average prices specified in applications, in the case of auctions - the prices of offers of all auction participants) in general for the period for the customer (or for the period for the customer in the accommodation industry).
If there are no offers other than the offer for which the contract was concluded, the initial price of the contract is accepted for calculation.
8(Tsk)- the sum of prices of proposals for which the contract was concluded as a whole for the period for the customer (or for the period for the customer by industry of accommodation).
To determine the achieved indicator of economic efficiency of placed orders for the reporting period, the following formula is used:
B(Tss)- the sum of all average prices of suppliers’ offers in
the reporting period for all customers or for all customers in a specific industry;
I(Tsk)- the sum of all prices of contracts concluded based on the results
placement of orders by which the economic
efficiency in the reporting period either for all customers or for all customers in a specific industry.
2. K2- compliance with laws when placing orders.
The indicator takes into account the presence of established violations of placing orders with the customer during each quarter. The importance of the indicator is determined by the fact that the absence of violations and possible abuses is an integral and most important part of building an effective public procurement system.
If the customer has no violations during the reporting period, the value of the criterion will be determined equal to: K2=10 points.
If violations are detected when placing orders in the reporting period, the value of the criterion is determined by the formula:
K2=10*(1-Kn/Krz), Where:
Kn- number of violations in the reporting period;
Krz = 10, if the number of orders placed in the reporting period is less than 10;
Krz= the actual number of orders placed in the reporting period, if it is greater than or equal to 10.
When receiving a result = 0 or a negative result (-), the criterion value is assigned - 0 points.
Violations identified as a result of inspections and consideration of complaints from participants in the procurement are taken into account.
3. K3- share of competitive procurement.
The share of purchases in the total volume carried out through tenders or requests for price quotes from the customer being evaluated is taken into account in comparison with the average for all customers. The importance of the indicator is determined by the fact that only competitive procurement can ensure the economic efficiency of the public procurement system; reducing the share of procurement from a single source is one of the most important components of efficiency.
K3= (Prassm/Psr)*100, Where:
Rrassm. - the share of purchases made through tenders, auctions, requests for price quotes from the customer in question;
RSR- the share of purchases made through tenders, auctions, requests for price quotes on average for all government customers.
This does not take into account purchases from natural monopolies and other purchases that cannot be carried out on a competitive basis.
4. K4- implementation of plans when placing orders.
The planning system is the most important aspect of order placement, allowing you to balance the purchasing system. The indicator evaluates the planning system of each customer. The presence of deviations in actually carried out purchases from the plan is revealed - the presence of unplanned purchases, failure to carry out planned purchases, violation of procurement deadlines.
Base value K4=10.
If there are deviations between actual order placements and planned ones, in particular:
1) availability of unscheduled placements;
2) violation of placement deadlines;
3) failure to place planned orders ( K4=0).
5. K5- discipline in the execution of contracts.
In fact, placing an order does not end at the stage of concluding a contract. To assess the effectiveness of placement it is necessary to evaluate
The main purpose of placing an order is to obtain the benefits for which it was carried out. Therefore, an indicator for assessing the execution of contracts in terms of deadlines, quality of execution, and others is introduced into the system of evaluation indicators.
The following violations are detected:
1) failure to conclude a contract;
2) violation of the terms of transfer of the contract for signing;
3) violation of the terms of registration of the contract;
4) violation of contractual obligations;
5) violation of the deadlines for notification of execution (termination) of the contract.
Base value K5=10
If there are violations of discipline during the conclusion and execution of contracts through the fault of the customer, in particular:
1) failure to conclude a contract;
2) failure to comply with the deadlines for transferring the contract for signing;
3) failure to comply with contract registration deadlines;
4) failure to comply with contractual obligations;
5) failure to comply with deadlines for notification of execution (termination) of the contract (K5=0).
6. K6 - validity of determining the initial price of contracts.
The indicator of efficiency in spending funds must be supplemented with an indicator of the validity of determining the initial contract price. A practice has developed when the initial contract price is determined not on the basis of real market conditions, but in other ways - arbitrarily, based on existing budget allocation limits, only from the experience of previous purchases, etc. The indicator allows you to determine how correctly the customer determines the initial prices of contracts and assesses how large the deviation of the initial contract price from the industry average is.
The deviation of the initial contract price determined by the customer from the average contract price proposed by the participants in placing the order is calculated.
If the deviation does not exceed the average savings for the industry K6=10.
If there is a specified deviation, reduction factors are applied:
1. Deviation up to 5% - K6=10*0.9.
2. Deviation up to 10% - K6=10*0.8.
3. Deviation up to 15% - K6=10*0.7.
4. Deviation up to 20% - K6=10*0.5.
5. Deviation over 20% - K6=0.
If there is no information on a given industry, the indicator is not used; indicator K1 is assigned a weight of 0.5.
The final indicator of the comprehensive assessment is calculated by summing the values for each criterion taking into account their weighting coefficients:
K = K1*X 1 + K2*X 2 + K3*X 3 + K4*X 4 + K5*X 5 + K6*X 6, Where Xn-weight coefficients, n=1.6.
The weighting coefficients of the indicators are determined by experts based on the comparative importance of each indicator of the comprehensive assessment.
To assess the effectiveness of activities, the following point scale is used:
Table 5. - Point scale for determining the effectiveness rating
public procurement activities
The initial data for assessing the effectiveness of public procurement are given in Table 8 “Appendix E”.
In the Russian Federation, the most effective methods of public procurement are requests for quotations, open tenders, and open auctions. From my point of view, no special actions should be taken with regard to these methods of conducting public procurement, since they have a regulatory
degree of efficiency of spending budget funds. Less efficient methods of government procurement are trading on commodity exchanges and purchasing goods from a single source. Therefore, for these methods of public procurement, it is necessary to take the following measures: study the market, attract suppliers and more accurately approach the determination of the initial contract price.
Thus, the results of assessing the effectiveness of public procurement activities allow:
1. Compare the final indicators for each of the customers and rank the customers according to the degree of procurement efficiency.
2. Identify the dynamics of the final indicator for each specific customer and for the region as a whole.
3. Identify “problem” areas in the activities of each customer by identifying which indicators reduce the efficiency of procurement.
4. Assess the meaning and dynamics of indicators used in
calculation. Of particular importance here is the ability to determine
industry average and regional average savings values both in comparison with the initial prices and in comparison with the average offers of participants in placing an order.
6. Have complete information about planning problems for each customer.
7. Increase discipline in the execution of contracts by customers.
8. Analyze existing violations of the law when placing orders.
Application
Public Procurement Management Structure
Figure 1. - Public procurement management structure
The impact of government procurement on national income
Figure 2. - Impact of government procurement on national income
"Appendix B"
List of main stages in creating an electronic public procurement system in Russia
Table 6.
Table 6. - List of main stages in creating an electronic public procurement system in Russia
Dynamics of procurement for government needs in 2006-2011
(billion rubles)
Figure 3. - Dynamics of procurement for government needs in 2006-2011
(billion rubles)
Structure of procurement for government needs in 2008-2011 (billion.
rub.)
Figure 4. - Structure of procurement for government needs in 2008-2011
(billion rubles)
A model of public procurement management that involves the consolidation of functions within the framework of the created
Federal agency
Table 7. - Model of public procurement management, which involves the consolidation of functions within the framework of the created
Federal agency
Input data for assessing the effectiveness of public procurement
Table 8. - Initial data for performance assessment
public procurement
1) The absolute value of overexpenditure or savings is defined as the difference between the actual consumption of material resources and the planned one, recalculated for actual production output.
2) Savings, which characterize the reduction in the actual consumption of resources in relation to their planned level of consumption (or the level of the base period), taking into account the implementation of the plan for production volume (or its dynamics in the reporting period compared with the base period. It is determined by subtracting the amount of actual consumption of specific types of resources from their consumption according to the plan (or in the base period), adjusted to the index (level) of plan implementation in terms of production volume (or taking into account the dynamics compared to the base period). The presence of relative savings means that the actual consumption of a particular type of resource per unit of production was lower than planned standards (reported in the base period). To determine the absolute savings or overexpenditure of the wage fund, it is necessary to compare the actual accrued amount of wages with the planned amount. An excess of the actually accrued amount of wages compared to its planned amount means an absolute overexpenditure; if less is actually accrued than was provided for by the plan, the enterprise experiences savings in the wage fund.
Relative savings (overexpenditure) of the wage fund are established by comparing the actually accrued wage fund of only industrial production personnel with the planned fund, recalculated to the percentage of fulfillment of the production plan using an adjustment factor.(explanation using salary example)
Absolute savings (example)
If assets are used in the current (planning) period more (less) effectively compared to the previous (base, reporting) period, then, with a constant volume of product sales, an absolute saving (overexpenditure) of working capital is formed (E ab):
E abs = ObS base – ObS plan,
where the OS plan is calculated based on the planned plan,
K about - is calculated from the sales volume that is unchanged compared to the base.
For example, in the reporting (base) year, OBS = 5 million rubles. Products sold for 15 million rubles. Next year it is planned to increase the company by 10%. Let's calculate the absolute savings of ObS. To do this, let's calculate:
(1) To base = 15/5 = 3 times;
(2) ;
(3) The need for OBS with a constant sales volume (15 million rubles) and C o plan:
ObS plan = 15 / 3.3 = 4.5 million rubles;
(4) the absolute savings of the OBS will be:
E abs = 5 – 4.5 = 0.5 million rubles.
If actual and planned indicators are compared, then
E abs = ObS plan – ObS fact,
where the ObS fact is calculated based on the actual K o fact and the planned sales volume.
Relative savings (example)
If the volume of products sold changes, then the savings (overexpenditure) of OBS need to be calculated taking into account changes in the volume of sales, i.e. you need to calculate the relative savings (overconsumption) of the OS:
where JQ – product sales index in %;
Or to compare fact with plan:
where or to compare fact with plan.
If in our example the sales volume increases by 30%, then the relative savings (overexpenditure) of the ObS will be:
E rel = 5 – 4.5 · 1.3 = -0.85.
In the planning year, the obs will be overspent by 85 million rubles. But this overexpenditure is relative, because At the same time, the volume of product sales increases.
In the article we will look at when the customer must make changes to the plan and procurement schedule and will 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 by Decrees of the Government of the Russian Federation dated 06/05/2015 No. 552, dated 11/21/2013 No. 1043.
Question: Is it necessary to reduce the amount in the purchasing plan in the position where the savings were made? 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 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 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 procurement ( , , ak. hours) - an additional professional development program for contract managers, contract service specialists and purchasing commissions.
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 the name and description of the procurement object; initial (maximum) contract price, contract price concluded with a single supplier (contractor, performer); the method of 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 to meet 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. "d" 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.