What is the procurement procedure from a single supplier. Procurement from a single supplier: implementation procedure

Purchasing from a single supplier is the second most popular way to identify a supplier. More than a quarter of all government contracts in 2017 were concluded with a single contractor. From the article you will learn how the order of concluding the contract will change, what both state customers and participants will get ready for.

The Ministry of Finance has prepared a draft law that will change the rules. When the adjustments take effect, the state customer will take fewer actions before signing the state contract with a single supplier. Thus, there will be more opportunities to determine the winner in a non-competitive way.

Procurement notice is a thing of the past

The bill established that the customer will cease to post a notice of public procurement from a single supplier due to the excessive nature of this procedure. The new rules will apply to procurement on the basis of paragraphs 1-3, 6-8, 11-14, 16-19 of part 1 of Article 93 44-FZ.

What is a purchase? from a single supplier (contractor, contractor)? This is a direct issue of the contract. Or in other words, a non-competitive way of purchasing. According to this method, the customer proposes to conclude a contract with a specific legal entity or individual. Purchasing from a single supplier is a right and not an obligation of the customer. The list of cases in which the purchase can be made from a single supplier is set out in Part 1 of Art. 93 of the Law N 44-ФЗ. In the list (taking into account the latest changes from 07/13/2015, there are 45 cases of procurement from a single supplier. Moreover, in most cases, the customer makes the decision and concludes a contract without prior agreement or notification. But in some cases, notification or approval of the control body in the procurement system is necessary.

Procurement from a single supplier is not just the conclusion of a contract, but a procurement procedure that requires the customer to carry out activities and prepare the necessary documents within the deadlines established by law. It is necessary to carefully study Articles 93-96, but pay particular attention to Article 93, not only Part 1, but also Parts 2, 3 and 4, Article 94, Part 4, Article 96 Part 2. These articles indicate when (using what cases of procurement specified in subsection 93 (1), the customer is required to:

· give notice of procurement from a single supplier;

· set ;

· notify the supervisory authority of the procurement;

· coordinate the procurement with the supervisory authority;

· attract when accepting products.

Documents that the customer prepares when purchasing from a single supplier:

1. An order (or other document) on the implementation of procurement from a single supplier (prior to posting a notice and concluding a contract).

2. Calculation and justification of the price of the contract.

3. A report with the rationale for concluding a contract and the inappropriate conduct of competitive procurement methods (prior to posting a notice and concluding a contract).

4. Development of a draft contract (prior to posting a notice and concluding a contract).

5. A notice of procurement from a single supplier (at least 5 days before the conclusion of the contract).

6. Appeal on approval of the conclusion of a contract with a single supplier (prior to conclusion of a contract, in cases of procurement provided for in paragraphs 24 and 25, part 1, article 93). In other words, when the procedure for competitive procurement methods (tender, auction, request for quotes, request for proposals) does not take place, since only one participant has submitted an application or several applications have been submitted, but only one participant meets all the requirements of the notification and documentation. The procedure for negotiating the possibility of concluding a contract with a single supplier was approved by Order of the Ministry of Economic Development of the Russian Federation No. 537 of September 13, 2013. This Order defines what the appeal for approval should contain and where it should be directed. The deadline for considering the appeal (no more than 10 working days) and the reasons for the refusal to coordinate are also set.

7. Signing of the contract after the provision of the contract security document. The customer is obliged to establish the requirement to ensure the execution of the contract in the cases established by Part 2, Article 96.

The topic of the article is directly related to such a phenomenon in public procurement as procurement from a single supplier. It is worth paying attention to the fact that this type of procurement is very, very popular among customers, since the procurement procedure itself is practically absent, the customer concludes a contract with the supplier directly without conducting a selection procedure. The supplier should not ignore this method of procurement, it is necessary to carefully understand all the features and nuances in order to get around competitors and obtain the status of "sole supplier" from some of the customers. But in such a procedure as purchasing from a single supplier there are some peculiarities that we will discuss in detail in this article.

1. The concept of "single supplier"

Before we begin to understand the features of the procedure called “purchasing from a single supplier”, we will determine the terminology and analyze who such a single supplier is.

The only supplier is the contractor, which is selected by the customer without a procurement procedure. Thus, the only supplier is the contractor, who, according to the customer, is able to fulfill the contract with the necessary quality, in the right time.

I hope you catch the point, the only supplier is a supplier in whom the customer is fully confident and to whom the customer is entitled to execute the contract without formal procedures and competitive selection among potential suppliers. But this does not mean that the “procurement from a single supplier” procedure is not formalized at all. Consider what is meant by this concept.

2. The concept of “procurement from a single supplier”

Purchasing from a single supplier is a way of identifying a supplier for the execution of a contract that does not imply formalized competitive selection.

At its core, procurement from a single supplier is an exception to the contract system, which is not specific. As planned by the legislators of the contract system, this method of procurement has been added for every “fire” case and this procurement should not be used by customers without special needs, but as practice shows, procurement from a single supplier is one of the most popular ways to determine the contractor and takes the second place among all purchases in 44-FZ, and 223-FZ first place. According to statistics for 2015 under 44-FZ, the share of purchases from the EP takes 21 percent, and in the framework of 223-FZ 46 percent.

In other words, in corporate purchases conducted under 223-ФЗ, you, as a supplier, ignore almost half of all purchases that go to a single supplier, there are fewer such purchases under 44-ФЗ, but the supplier should not ignore such purchases. It is necessary to ask the question “how can you begin to receive such contracts and obtain the status of“ sole supplier ”from customers?

3. Purchase from a single supplier under 44-FZ

Consider the features of procurement from a single supplier in the framework of 44-FZ (Article 93).

The customer can conclude a direct contract with the EP under 44-FZ only in strictly defined cases. Such cases are prescribed in Article 93 44-FZ, which you can familiarize yourself with. Several cases deserve special attention, such as:
- purchases that are recognized as failed. If the customer made the purchase through other procedures (tender, auction, request for quotations, request for proposals, etc.) and no applications were submitted, in this case the customer can conclude a contract directly through the procedure “purchase from a single supplier”
- purchases in the amount of not more than 100 thousand rubles. The annual volume of such purchases from the EP should not be more than two million rubles (or not more than five percent of the annual volume of purchases of the customer, and no more than fifty million rubles).

4. In what cases is the conclusion of a contract with a single supplier agreed with the supervisory authority?

Typically, the customer makes the decision to conclude a contract with a single supplier without the consent of the control body. But there are exceptions to this practice.

Case No. 1: The closed procedure is recognized by the customer as failed. In this situation, the customer decides to sign a contract with EP. The customer must agree such a decision with the authorized body.

A failed procurement is recognized in cases when only one supplier has submitted an application or several applications have been submitted, but only one application is allowed.

Case No. 2: A request for quotations, an open tender, a tender with limited participation, a 2-stage tender, a repeated tender or an electronic auction have been declared invalid. Exception: cases in accordance with 44-FZ article 15 part 4.5, article 71 parts 1-3.1, article 79 parts 1.3.

Note: The price of the contract should not exceed NMCC, the contract is concluded on the terms specified in the procurement documentation and on the basis of the submitted proposal of the supplier. The customer, after signing the protocols and recognizing the procedure as failed within ten days, sends a request for approval to the authorized body. Further, no later than ten working days, the authorized body shall coordinate the conclusion of this contract with the EP. At the same time, the term for concluding a contract between the customer and the sole supplier should not exceed twenty days from the date of receipt of the approval of the authorized body.

5. Notification of the signing of a contract with the EP

In some cases, the customer enters into a contract with the EP after notification of the supervisory authority. Consider these cases.

Case No. 1. Procurement of works or services from the contractor, which can only be an executive body with the appropriate powers or a subordinate unitary enterprise or institution.

Case No. 2. Procurement of goods, work or services necessary to eliminate the consequences of an accident, other natural or man-made emergency situations, or to provide emergency medical care. But there is one caveat: provided that these TRUs are not included in the list approved by the Government of the Russian Federation necessary for the provision of humanitarian assistance or emergency response, while the use of other procurement methods is impractical due to the large time costs.

Case No. 3. Request for proposals, the subject of the contract of which is the provision of services for the treatment of a citizen of the Russian Federation outside the Russian Federation by a foreign organization for the treatment of a citizen of the Russian Federation outside the Russian Federation, was recognized by the customer as the federal executive body failed. In this case, the customer shall notify the supervisor no later than one business day from the date of conclusion of the contract, while sending a copy of the signed contract from both parties and the rationale for concluding the contract.

6. Advantages and disadvantages of procurement from the EP

Benefits of purchasing from EP

minimum time for conclusion of a contract
trusted supplier of whom the customer is confident
no risk of disrupting the procurement procedure and, as a result, not concluding a contract on time

Negative side of procurement from the EP

increased attention and control by authorized regulatory bodies
lack of competition and, as a result, low cost savings
contracts are available only to “their” suppliers

7. Purchasing from a single supplier under 223-ФЗ

Now we will analyze the features of procurement from a single supplier under 223-FZ. In this case, the requirements are softer than in 44-ФЗ and, as a result, purchases from the EP within the 223-ФЗ are much larger.

The customer himself can send the supplier an offer to conclude a contract, the supplier accept this offer. Or vice versa, the supplier can send an offer to conclude a contract, and the customer accept this offer without considering other offers, thereby concluding a contract with a single supplier.

In accordance with Article 2 223-ФЗ, the supplier independently regulates procurement from the EP in its position. In addition, the customer has the right not to place purchases of more than 100,000 rubles in the UIS, and if the customer's annual revenue is not more than 5 billion rubles, the customer also has the right not to post procurement information of more than 500,000 rubles. If the purchase exceeds the specified limits, the customer places information about such contracts in the UIS (Unified Information System).

8. Procurement from a single supplier under 223-FZ: common cases

Consider the most popular procurement cases from the EP:

low cost of labor
Only a specific supplier has TRU
the purchase was carried out earlier, but not a single application was submitted (did not take place)
tight deadlines for concluding a contract (accident, disaster, etc.)
supplier exclusive rights in respect of the supplied products

9. How to get the status of "Sole supplier"?

In conclusion, we came to the main question that suppliers ask themselves. If such a huge number of contracts are concluded with a single supplier, the competition is practically zero, how to get the opportunity to also receive contracts directly from the customer?

I will give some practical advice and recommendations that will help you begin to receive additional contracts without participating in competitive procedures. First of all, you need to understand that ignoring procurements “directly” is a significant mistake. Moreover, the mistake made by so many start-up companies that are trying to enter the government procurement market.

At first, Be sure to analyze customer purchases. What customers are buying at the moment, what they bought earlier, but most importantly, analyze what customers will purchase in the future. Analyze the customer schedules in which they plan their procurement activities. If you see that in the schedule the customer indicated that it is planned to purchase from a single supplier in the near future, then it may be advisable to declare about yourself and send a commercial offer that will be more favorable at a price than from competitors? In any case, you do not lose anything, but you can gain a lot.

Secondly, analyze customer purchases on a regular basis. This is a separate field of activity that requires special attention. Use professional tools to analyze customer schedules (e.g. IST-Budget)

Thirdly, do not ignore not large contracts from a single supplier. Remember that if you start cooperation with a small contract and prove yourself on the positive side, then in the future there is a very big chance that the customer will attract your company with a large contract with which there is already a positive experience of cooperation.

Fourth, involve the company management for preliminary negotiations and approvals. Purchasing from a single supplier is an excellent information occasion to declare your company and goods, work services that you can offer the customer.

Remember, the status of "sole supplier" may open up additional prospects for you in terms of obtaining new contracts.

Purchase from a single supplier - non-competitive way to determine the winner. That is, the customer can buy from a particular seller, without bidding.

The share of purchases from a single supplier invariably takes the second place and accounts for a quarter of all forms of procurement. The average contract price in 2017 was 1.57 million rubles, which is 22.85% more than the same indicator in 2016.

The number of posted procurement notices from a single supplier was 416 522 pcs, which is almost equal to the previous year.

Justification for procurement from a single supplier

The customer cannot conclude a contract with a single supplier when he wants. Procurement law sets a framework.

44-FZ requires the customer:

To coordinate the conclusion of a contract with a single supplier with the executive authority;

To justify in the documented report the impossibility or inappropriateness of using other methods of determination, as well as the price of the contract and other essential terms of the contract;

Notify the FAS of the conclusion of a contract with a single executor;

In 223-ФЗ restrictions are less. From July 1, 2018 years when purchasing from a single supplier, it is enough to include information in the plan and send them to the Register of contracts. The procurement regulation should specify an exhaustive list of cases in which such a procedure has been carried out.

Cases of procurement from a single supplier

Such purchases are carried out in two versions:

the customer sends a proposal to the sole contractor with a proposal to conclude a contract for the supply of necessary goods, works, services;

customers accept an offer from a specific contractor to conclude a contract.

Purchase from a single supplier under 44-FZ

According to statistics from the Ministry of Finance, for the first half of 2018, 440 thousand notifications of procurement from a single supplier were published in the UIS. This is the second most popular method. At first only electronic auction.

All cases when it is possible to conclude a contract with a single supplier are listed in Part 1 of Article 24 44-FZ. In total there are 52 points. Here is a shortened and slightly generalized list of such cases:

Activities of natural monopolies

Decree or order of the President or Government

Recognition of a supplier’s determination in a competitive procedure as invalid

Mobilization

Purchase up to 100 thousand rubles.

Procurement of a state or municipal cultural institution

Purchase of sets, costumes, theater props

Tickets for the theater, zoo, circus, sightseeing tickets

Event organisation

Supply of cultural property

Folk arts and crafts

Teaching or guiding services

Work that can only be performed by an executive body

Armament and military equipment

In case of accident, emergency

Goods and services from the UIS enterprise

Securing visits of heads of foreign states

Ensuring the activities of state security facilities

Apartment building management

The subject of the Russian Federation or municipality buys or rents non-residential premises

Repair of non-residential premises

The direction of the employee on a business trip

Purchase of drugs in the presence of medical indications or by decision of the medical commission

Purchase and sale of electric energy with a guaranteeing supplier

CEC Procurement

Equipment for innovative sites

Bank guarantee for a budget institution

Intelligence tools for foreign intelligence

Counterintelligence tools for the FSB

Collection and processing of primary statistics

Database Information

Procurement related to operational investigative activities

Military transportation

Purchase of goods produced on the territory of the Russian Federation in accordance with a special investment contract

Production of excise stamps for alcohol and tobacco products imported into the Russian Federation

Protecting the interests of the Russian Federation in foreign and international courts and arbitration

Executive body is treated abroad

Implementation of state protection

Modernization of information systems to support the activities of the Federal Assembly

Purchase from a single supplier under 223-ФЗ

In the procurement report, the Ministry of Finance reports that in the first half of 2018, customers made purchases using 2,092 methods for determining the supplier. 95% of non-competitive purchases, of which the share of purchases from a single supplier is 42%.

Why do customers love this way so much? 223-ФЗ does not contain specific restrictions on the use of procurement from a single supplier. Article 3.6 specifically governing this procedure appeared on July 1, 2018. It reads:

The procedure for preparing and making purchases from a single supplier and an exhaustive list of cases of such purchases are established by the procurement regulations.

Crushing and purchasing from a single supplier

According to part 15 of Article 4 of 223-FZ, in the UIS it is not necessary to post procurement notices up to 100 thousand rubles. And if the annual revenue of the customer for the reporting financial year is more than 5 billion rubles. - The “border” is reduced to 500 thousand rubles.

Theoretically, it turns out that the customer can set the price threshold for procurement from a single supplier, which coincides with the threshold for small purchases and not publish the notice to the EIS. In practice, the phenomenon of crushing purchases was born.

Customers break down large tenders into small purchases and conduct them in a few months. Sometimes it is justified by the timing. Such a purchase is faster. But sometimes crushing is a sign of "rollback." That is, the customer wants to give the purchase to a specific supplier, in the most secretive environment.

If the participant believes that the customer illegally chose the purchase from a single supplier, he has the right to file a complaint with the FAS.

Ltd IWCRusTender

Material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with article 1259 of the Civil Code

The procurement laws provide for several types of procedures. One of them is the ability to conclude a contract through procurement. Such procurement procedures are called non-competitive.

Purchasing from a single supplier is perhaps the most beloved among both customers and suppliers. In this case, the contract is bypassing the procurement stage such as consideration of applications, auction, summing up. Those. The contract is concluded directly between the seller and the buyer.

1. Procurement benefits from a single supplier

This procedure has undoubted advantages for both sides:

short terms of purchase
The customer turns to the supplier, who is guaranteed to fulfill the contract
Pausing and signing a contract is almost impossible
The procedure is simple and convenient.
To contract with a single supplier, the latter does not need to use a large amount of human resources.

2. Cases of applying for procurement from a single supplier for 44 FZ

All cases are described in part 1 of article 93 . Actually, the law does not oblige to use this method of procurement. It gives customers such a right (the exception is the case when the announced procurement procedure did not take place), and whether or not to use it is up to the customer. Customers use this right with pleasure, but for any amount in this case, the contract cannot be concluded by law. Basically, the purchase amount will be up to one hundred thousand rubles. In some cases, a large amount is allowed for the purchase, for example, a purchase from a single supplier to provide children - orphans with everything necessary can be made up to four hundred thousand rubles. Cases of procurement from a single supplier cover any force majeure situation that requires an urgent solution. The law describes fifty-two points when such a procurement may be carried out. It also indicates on which purchases the customer makes the decision himself, in which he is obliged to inform the supervised body, and in which he should carry out it only by agreement of the control body. At the same time, the one who makes the purchase is forced to purchase the goods at the stated prices of the seller without a possible reduction and on his terms, this is a big minus for the buyer, since he is forced to agree with the proposed price without the possibility of reduction. At the same time, the entire amount of such purchases can reach a maximum of no more than two million rubles a year, or more than five percent of the total customer purchases, but not more than fifty million rubles.

3. Conducting procurement from a single supplier

Since we are considering this type of procurement by suppliers, we will not dwell on all the actions that the customer is required to do, but focus on the general algorithm.

The customer selects the company with which he concludes a contract and agrees on the terms of the purchase and the text of the contract (contract).
The notice is placed by the buyer in the system (a single information system) and there are still five days left until the contract is signed.
In order to notify the procurement body of the control, the buyer has one working day in stock after signing the contract, and one should remember to provide a copy of it with the justification for the purchase and price.

All non-competitive methods of procurement are closely monitored by supervisory and regulatory authorities, and this must be taken into account when preparing documents. There is no algorithm to evaluate how legitimate the conclusion of a contract with a single supplier is. It all depends on the employees of the control body and on the arguments for the need for procurement. Since attention to such procurement methods is increased, the correct justification of prices and the need to purchase from a single supplier will greatly simplify the life of not only the customer, but also the supplier.

4. Purchase from a single supplier under 223 Federal Laws

IN also has such a concept. Sometimes it is also called direct purchase. The initiative may come from both the customer and the seller. The rules for such a procurement of 223 fz are prescribed in the procurement regulations of the customer. In certain cases (described in Sec. 15 of article 4 of 223 fz), such purchases are not included in the system. To understand how such a purchase from a particular customer should take place, read its Procurement Regulation (located on the government procurement website)

So how do you get to purchase from a single supplier? We note the main thing: the customer contacts the suppliers with whom he interacts. Or to a company that has no competitors due to the uniqueness of the offered product or service. Therefore, if you do not communicate with the customer, the contract with a single supplier will be given to your competitor. If for some reason the customer is not satisfied with how you fulfill obligations under other contracts, the purchase will be given to your competitor. Having a defective position in your warehouse greatly increases your chances, since this product can only be bought from you.

To conclude a contract with a single supplier, the customer must justify the appropriateness of this purchase, as well as give the reasonableness of the price and the method of its calculation. As a rule, the supplier you contacted helps with the justification of the price. He puts up a quotation. It is possible that the customer will ask more than one supplier and select an offer with a lower price.

6. Entrepreneurship Support Center Partnership Program

If a supplier wants to conclude contracts through procurement from a single supplier, he first of all needs to earn a reputation of a conscientious and responsible contractor. To have the resources for quick and high-quality work or quick delivery of goods. Attentive to the formation of its price in the commercial offer for the customer. Read articles 44fz and 223fz regarding this type of procurement. When working with 223 Federal Laws, it is still necessary to study the Procurement Regulation of the customer.

Of course, you can do it yourself. But today more and more attention is paid to procurement from small and medium enterprises, including procurement from a single supplier. To facilitate this task, special partnership programs are created in which both customers and suppliers participate. Page of one of such programs is present on our resource. By participating in such programs, large customers acquire regular conscientious suppliers from among small entrepreneurs, and small businesses get the opportunity to become a supplier and a full-fledged partner for large corporations. The Support and Entrepreneurship Center helps with paperwork, and after joining the program, it will equip a multifunctional office on the website with full information on planned (and announced) purchases and tenders of your profile. The program participants are also provided with a personal manager who helps to understand the complex system of bidding and the search for your profile auctions. As you know, it is very difficult for small businesses to maintain a tender department, which employs highly qualified specialists, the Partnership Program is designed to help solve this problem and provide small businesses with highly qualified support from bidders.

For a guaranteed result in tender purchases, you can seek advice from experts from the Entrepreneurship Support Center. If your organization is a small business, you can get a number of advantages: advances under state contracts, short settlement periods, conclusion of direct contracts and subcontracts without tender. and work only on profitable contracts with minimal competition!