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

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The schedule is a list of goods, works, services purchased by the customer 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 (works, services) necessary for the customer and the amount of funds allocated for their purchase.

The schedule is filled out in accordance with the form given in Appendix No. to Order No. 761/20n. It includes information on any planned purchases (clause 4 of Features No. 182/7n). This information should be indicated in the schedule of 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 EIS.

How to make a plan - schedule

Question 1:

The company enters into a service agreement with the boiler house operators from November to April. How to reflect the amount in terms of the schedule and the 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 in April? But it will already be 2018, and the plan is only for 2017?

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

The schedule includes information about purchases that should take place in the planning period, and not about the execution of contracts that the customer will execute 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 the schedule include information about purchases that must take place in the planning period, and not about the execution of contracts that the customer will execute 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 an adjustment to the schedule, and then put up the last act of work performed? And I can't figure out 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 for free use has been concluded until 2025. We reimburse the administration for housing and communal services costs. Do they need to be placed in the schedule plan and the procurement plan?

The lease agreement is concluded until 2025 before Law No. 44-FZ enters into force for you. As I understand it, you reimburse the administration for the costs of housing and communal services under the specified contract. Thus, these expenses are part of the obligations that arose before your enterprise came under the effect of Law No. 44-FZ. These costs should not be included in the total annual volume of purchases and considered as a purchase 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 should be done, in what time frame, who is responsible for the result.

Question 5:

1. We will conclude new contracts for 2018 at the end of 2017 in accordance with the rules of Law 44-FZ. In the procurement schedule, in column 7, payments for 2017 under the contract of 2016 should be indicated, and in column 8, planned payments under the contract, which will be concluded at the end of 2017 for 2018?

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

3. The contract 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 in the schedule?

4. In 2017, we will conclude 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 the purchase of spare parts?

1. In column 7 of the schedule, you will need 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 current year contracts with a payment deadline of current year. In column 8 of the schedule, you must reflect the costs under the contracts of 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 you will incur in 2019 under contracts concluded in 2016-2017.

3. If you entered into an agreement in 2016 in accordance with the rules of Law No. 44-FZ, then this is a violation. As I understand it, 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 made in 2016, you do not need to reflect the 2017 schedule for purchases under Law No. 44-FZ.

Question 6:

Does the procurement plan and schedule include a procurement identification code when purchasing from a single supplier?

The procurement plan and the procurement schedule do not require the reflection of all information on procurement carried out on the basis of paragraphs 4, 5, 26, 33 of part 1 of Article 93 of Law No. 44-FZ. Information on such purchases is reflected in the amount of the annual volume of financial security on this basis. In the schedule, information on such purchases is indicated in columns 1, 9 and 13 of the form of schedules in 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 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 in the procurement identification code.

How to make changes to the plan - schedule

Question 7:

In terms of the schedule, the amount of the contract for utilities is 109 thousand, in fact, invoices for 111 thousand were issued. If we pay the invoices actually issued, then how to close the contract on the site? What changes and where should we make?

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

Question 8:

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

In the event that budget funds for utility bills are exhausted, 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, I need to set up a preliminary schedule for 2017 within 3 days. On January 25, the budget will be finalized, PFCD 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 in the EIS. The requirement to form a “preliminary 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 was entered into the schedule with execution in 2017. In 2017, the amount of the contract increases. Can I just conclude an additional agreement or do I need to conclude a new contract for an increased amount (the amount pledged in the 2016 schedule is small, but the schedule was amended in 2017)?

1. Based on the norms of Law No. 44-FZ, procurement is possible only after the formation and publication of the 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 rendered, goods delivered, work performed). Otherwise, a new contract is required.

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

When to post a plan - schedule

Question 11:

The 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 adoption of the decision on the budget dated 19.12.2014. Some auditors believe that the period of placement is 01/31/2015, others consider from the next. decision date and budget. The budget appropriations were brought on December 30, 2014. Was the deadline for publishing the plan or schedule actually violated?

Clause 2 of the Features ..., approved by order of the Ministry of Economic Development of Russia and the Federal Treasury of September 20, 2013. N544 / 18n, it is established that schedules are to 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 12/19/2014, the schedule should have been published before 01/19/2015. In the situation under consideration, the deadline for publishing the schedule was violated.

Question 12:

Do I understand correctly that I must submit the procurement plan and the 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 have to place them in the EIS. The Budget Approval Board is scheduled for December 22, so I have to approve and place in the EIS the procurement plan and the procurement schedule before December 31, 2016?

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

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

Question 13:

We got confused with the terms of drawing up Procurement Plans and plans - schedules.
The founder brought to us the figures for drawing up the plan for PFHD 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 draw up and approve the procurement plan and schedule plan (until 01/30/2017).
What then to do with the contracts and notices that we conclude for utilities 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 conclude contracts before the publication of the procurement plan and the procurement schedule in the EIS. 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 another way.

At the moment, our organization has 3 non-closed contracts (electricity (clause 29, part 1, article 93) and communications (clause 1, part 1, article 93) Contracts are annual, payment is monthly, the validity of contracts is up to December 31, 2016. In December, advance invoices for this month were issued. Acts and invoices for actually rendered services are received in January. It is already known that actual services will not match the services paid for in advance invoices. One of the contracts in the amount of "not selected" is more than by 10% How to close such contracts correctly?

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.

In order to indicate that the contract has been executed, the customer is recommended to conclude an additional agreement on termination of the contract by agreement of the parties in the scope of the services rendered.

The contract may be terminated in January 2017, if it does not contain a condition that the expiration of the contract entails the termination of the obligations of the parties under it, and the contract is recognized as valid until the moment of completion of the fulfillment of the obligations by the parties established in it (i.e. until the provision of services provided for contract, in full) (clause 3, article 425 of the Civil Code of the Russian Federation).

What should the customer do if the scope of services is not selected in full

The customer has the right both to terminate the contract by agreement of the parties, and to conclude an additional agreement to reduce the scope of services.

If the customer no longer needs a certain amount of services, the customer and the contractor are entitled, on the basis of part 8 of Article 95 of Law No. 44-FZ, to terminate the contract by agreement of the parties in the part performed, while indicating in the agreement on termination of the contract the volume of services rendered, the amount payable performer. In this case, the customer pays only for the volume of services rendered.

The customer can reduce the scope of services if such a condition was provided for by the contract, and taking into account the provisions of subparagraph "b" of paragraph 1 of part 1 of Article 95 of Law No. 44-FZ.

How to terminate a contract

Situation: the contract has expired, but the contract has not been executed by the supplier (executor, contractor). Is it possible to terminate the contract in this situation and is it necessary to collect a penalty from the supplier (executor, contractor)

The contract may be terminated if it does not contain a condition that the expiration of the contract entails the termination of the obligations of the parties under it, and the contract is recognized as valid until the moment specified in it when the parties fulfill the obligation (i.e., until the delivery of the goods stipulated by the contract in full ) (Clause 3, Article 425 of the Civil Code of the Russian Federation). The customer has the right to recover a penalty from the supplier (contractor, performer), regardless of the end of the fulfillment of obligations by the parties, since the end of the contract does not relieve the parties from liability for violation (clause 4, article 425 of the Civil Code of the Russian Federation).

Journal "Goszakupki.ru" is a magazine, on the pages of which leading industry experts give practical explanations, and the materials are prepared with the participation of specialists from the Federal Antimonopoly Service and the Ministry of Finance. All journal articles are the highest degree of reliability.

14.06.2011

Good day, friends.

Today I will talk about expiration and how to switch to a new futures contract.

If you are just a novice trader, then you need to remember one simple thing: in one year, futures contracts for the RTS Index change 4 times, i.e. every 3 months, a new futures contract begins to actively circulate.

At the very beginning of the year, the March contract is traded, which begins its circulation in the previous year. The name "March" says only that the contract will be executed in March. The letter that denotes the March contract is H. That is. RIH6 is a futures contract on the RTS Index (RI), which expires in March (H) 2016 (6).

Here are the 4 main letters:

H – March contract (execution in March);

M - June contract (execution in June);

U - September contract (execution in September);

Z – December contract (execution in December);

Remember: the life of each contract lasts six months, but the greatest activity is manifested in the last 3 months of trading. For example, the same March RIH6 contract starts trading on the market from September 15, 2015, but the trading activity until December 15, 2015 is very low. At this moment, everyone is primarily trading the contract that expires on December 15 - the December (Z) futures contract on the RTS Index (RI) 2015 (5), i.e. RIZ5.

Therefore, after the expiration of the December contract, i.e. the termination of its trading, everyone moves to the next contract, namely RIH6, which justifies the subsequent increase in its trading activity.

The last trading day for a futures contract is determined by the exchange. For example, in Russia, the last trading day for a futures contract for the RTS Index on the RTS exchange is usually the 15th day of the corresponding month (March, June, September, December). After this date, futures contracts for this year's RTS Index expire and are never traded again.

Traders who hold futures positions longer than the last day of trading can no longer close their positions on their own using a reverse operation. The exchange does all the work (it automatically calculates the difference between the cash price and the futures price).

If we go to the website of the Russian Trading System in the futures and options section, we click on the nearest futures contract on the RTS Index,

then we will see detailed information about this contract (specification).

In the execution section, you can read the following: “Closing positions with the transfer of a variation margin calculated based on the average value of the RTS Index for the period from 15:00 to 16:00 on the last day of the contract, multiplied by 100. The cost of the minimum contract price step corresponds to 20% from the exchange rate of the US dollar against the Russian ruble, established in accordance with the Methodology at 18:30 of the last day of the conclusion of the Contract.

Those. if we hold the futures contract until expiration, then there is nothing to worry about. You do not need to calculate anything, everything will be done automatically. In the period from 15:00 to 16:00, the average price according to the RTS Index will be found. This value will be multiplied by 100 to convert the index value to a 6-digit number and remove any commas. After that, there will be an automatic recalculation in money. When calculating the price step, the dollar exchange rate fixed at 16:30 Moscow time on the last day of the contract circulation will be used.

Of course, if a position is open, it is better to switch to a new contract in advance. Personally, I usually do this on the last or penultimate day of the circulation of the old contract. These days, the new futures contract is already moving quite nicely, without jerks and breaks. The liquidity of the instrument is clearly increasing.

Many people think that switching to a new futures contract is a time-consuming and technically complex process. Many are generally frightened by the term "expiration".

Now I will show how you can switch to a new contract very quickly in the QUIK trading terminal.

1. Right-click on the chart window and select "Edit".

2. In the "Diagram" tab, select the "Change" item and find a new contract (for example, RIU6).

After that, all charts and related indicators located in one window should change. Now it remains to change the order book.

3. To do this, go to the menu item "Create window", then "Current trades". In the window that appears, in the available instruments, we find "FORTS futures" and, accordingly, the necessary contract (or enter the short code of the instrument in the search bar, for example, RiU6).

4. In the constructed table "Current trades" right-click on the appeared contract and select the item "FORTS futures RIU6".

After that, it remains just to replace the old glass with a new one.

That's all there is to it. If the article was useful to you, like it and recommend it to your friends.

Alexander Shevelev was with you.

How to deal with payment for December with ROSTELECOM for telephone conversations if the acts are in January and advances under 44FZ are not provided. And the contract deadline is 12/31/2015. We are federal state-owned, and Rostelecom are monopolists. The limits for this contract were brought up in 2014. Based on the limits, the Civil Code was concluded. These are the limits of 2015. But what about this example. This question will arise for all CUSTOMERS with telephone payments. We will be very grateful because this situation needs to be resolved before December 20. How to either terminate the contract and stop carrying out inter-city negotiations, that this is impossible to do, or to violate

Answer

Such a situation develops in almost all institutions in terms of payment for utilities, communication services for the month of December. You don't need to break contracts. Pay your December obligations in January of the following year at the expense of the 2016 LBO. To do this, coordinate with the GRBS the increase in the LBO for 2016. according to the relevant items of expenditure. Payment by the institution of agreements, contracts is made within the limits of budgetary obligations (BBO) brought to the institution taking into account accepted and unfulfilled obligations ( ). At the same time, LBOs are brought to the recipients of budget funds before the start of the next financial year (, the Budget Code of the Russian Federation).

A government institution has the right to accept budgetary obligations in December of the current year within the limits of the LBO, brought to the next year, and pay them in January 2016. According to the Ministry of Finance of Russia, payment in January of the current year for goods (works, services) received in December last year cannot be qualified as misuse of budgetary funds.

These clarifications are contained in letters from the financial department,

Dear colleagues! The end of the year is approaching and there are purchases that the customer must make before the end of the year in order to receive these services from January 1. Of course, this primarily concerns utilities.

Previously, customers could, in accordance with Article 425 of the Civil Code, later, for example, in February, indicating that the terms of the contract they concluded apply to their relations that arose before the conclusion of the contract (i.e., the provision of services begins on January 1). This article has been amended and the phrase "unless otherwise provided by law or follows from the essence of the relevant relationship" has been added.

The letter of the Ministry of Economic Development of the Russian Federation dated August 3, 2015 N D28i-2286 provides clarifications that say that “According to paragraph 3 of Article 3 of Law N 44-FZ, the procurement begins with the identification of the supplier (contractor, performer) and ends with the fulfillment of obligations by the parties to the contract. In accordance with paragraph 2 of Article 3 of Law N 44-FZ, the definition of a supplier begins with the placement of a notice of the procurement of goods, work, services to meet state needs (federal needs, needs of a constituent entity of the Russian Federation) or municipal needs, or in accordance with Law N 44-FZ cases from sending an invitation to take part in the selection of a supplier (contractor, performer) and ends with the conclusion of a contract. Thus, the application of the provisions of paragraph 2 of Article 425 of the Civil Code of the Russian Federation is not possible to relations regulated by Law No. 44-FZ, due to the fact that legal obligations between the customer and the supplier begin exclusively from the moment the contract is concluded.

So customers should try to conclude a contract before January 1, 2016. And this means that information about these contracts must be included in the 2015 schedule and only after 10 days can a notice be given (if we are talking about paragraphs 1, 8 of part 1, article 93) and after 5 days a contract can be concluded. According to paragraph 29 (guaranteeing electricity supplier), there is no need to give notice, you can immediately conclude a contract. Contracts concluded in 2015 do not need to be included in the 2016 schedule.

I also want to add that in accordance with the letter of the Ministry of Economic Development of the Russian Federation of July 6, 2015 No. OG-D28-9288 "On clarification of the provisions of the Federal Law of April 5, 2013 No. 44-FZ", the customer has the right to purchase any goods, works, services (including water supply, sewerage, heat supply services) from a single supplier (contractor, performer) in accordance with paragraph 4 of part 1 of Article 93 of Law No. 44-FZ for an amount not exceeding one hundred thousand rubles under one contract, subject to the restrictions established by law (the amount of all paid contracts under this paragraph for the year should not exceed two million rubles or should not exceed five percent of the total annual purchases of the customer and should not exceed fifty million rubles).