,
senior Specialist of the Training Department of the Training Center of the Association of Electronic Trading Platforms

Purchases from a single supplier are attractive to customers due to the relative simplicity of their procedure, but often difficulties arise during their organization and implementation. , a senior specialist in the teaching department of the Training Center of the Association of Electronic Trading Platforms, will answer the most pressing questions of our readers.

In 2013, we entered into a contract for the current year according to the rules of the previously effective Federal Law of July 21, 2005 No. 94-FZ "". The subject of this contract was the purchase of household goods. Currently, there is a need to purchase an additional batch of household goods. Can we conclude a contract with a single supplier in the amount of up to 100 thousand rubles. (Clause 4 of Part 1 of Article 93 of the Federal Law of April 5, 2013 No. 44-ФЗ ""), or will it be recognized as artificial crushing of the purchase and we need to conduct tenders using competitive methods to determine the supplier?

KGBUZ Birilyuskaya RB

Yes you can. Customers have the right to enter into agreements with a single supplier for an amount not exceeding 100 thousand rubles. (; hereinafter - Law No. 44-FZ). At the same time, the annual volume of purchases that the customer is entitled to carry out on the basis of this clause should not exceed 2 million rubles. or should not exceed 5% of the total annual procurement of the customer and should not be more than 50 million rubles. At the same time, when concluding such agreements, it is not necessary to draw up a report on the impossibility and inappropriateness of using another type of purchase ().

The norm on the purchase of goods in an amount not exceeding 100 thousand rubles does not establish specific cases of its application. In other words, this rule applies to the purchase of household goods, as in your case.

Thus, we can conclude that the rules on procurement from a single supplier can be applied by you in relation to any procurement objects, regardless of which contracts and by the rules of which law you concluded earlier.

Two applications were submitted for participation in the electronic auction, and as a result of consideration of their first parts, both applications were allowed to participate in the auction. According to the results of the study of the second parts of the applications, it was found that only one of them meets the requirements of the auction documentation (). In this regard, the electronic auction was declared invalid, and we need to conclude a contract with a single supplier. Should we coordinate the conclusion of this contract with the supervisory authority?

Slinkina L.V.

The customer’s request for approval of the conclusion of the contract should be sent to the supervisory authority within 10 days from the date of posting in the unified information system (and before its creation on the Unified portal for public procurement) protocols containing information on the recognition of the supplier’s definition as invalid.

The conditions for concluding the contract must be provided for by the procurement documentation, and the price is proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) price of the contract; the price of the contract indicated by the relevant participant in the application or offered by him during the electronic auction.

The municipal contract for the implementation of construction work stipulates the obligation of the customer to conduct construction control and the obligation of the contractor to compensate the customer for construction control. Is it possible to conclude a tripartite agreement for an amount of up to 100 thousand rubles, according to which a municipal customer, under a construction contract, concludes a construction control agreement with the controlling organization, and the contractor pays for the control services?

Irina Bykova

Yes, you have the right to conclude a tripartite agreement on the basis of. A state and municipal contract is an agreement concluded on behalf of the Russian Federation, the subject of the federation (state contract), and the municipality (municipal contract) by the state or municipal customer to ensure state or municipal needs, respectively (). The agreement recognizes the agreement of two or more persons on the establishment, amendment or termination of civil rights and obligations. The rules on bilateral and multilateral transactions provided for in () apply.

Since the state (municipal) contract is a type of contract, I believe that it can be tripartite.

Are purchases for the provision of services related to sending an employee on a business trip included in the total annual volume of purchases?

It all depends on how the trip is organized. If you have concluded a contract with a single supplier () when sending an employee on a business trip, then such a purchase is included in the calculation of the total annual volume of purchases. We are talking about providing the employee with travel to the place of official business trip and vice versa, hiring a dwelling, transport services, and catering. Information on procurement made in accordance with this rule is indicated in the procurement plan, schedule, as well as in the register of contracts.

If the employee organizes the business trip on his own, and the employer subsequently reimburses him for travel, accommodation and meals, another rule applies. Reimbursement to an employee in accordance with the rules of labor legislation of travel expenses in cash is not a purchase and, therefore, is not subject to inclusion in the procurement plan and in the total annual procurement. This item has been confirmed.

Drivers of a motor transport enterprise often go on business trips in cars that are on the balance sheet of the company. If the car breaks down on the way and the driver is forced to pay cash expenses at a nearby car service center, can these expenses be processed as a purchase from a single supplier?

State budgetary institution "Automobile depot of the President, Parliament and Government of the Republic of Sakha (Yakutia)"

No, you cannot fill out the driver’s expenses for the purchase of spare parts for an official car, which broke down along the way, as a purchase from a single supplier. Such a purchase cannot serve as the basis for concluding a contract for the provision of services related to sending an employee on a business trip ().

The customer can carry out the purchase of spare parts for the company car by signing a contract for an amount not exceeding 100 thousand rubles. The total value of such contracts should not exceed 2 million rubles. per year or should not exceed 5% of the total annual volume of purchases and amount to more than 50 million rubles. ().

The annual volume of purchases is 1.5 million rubles, while we want to make all purchases from a single supplier (that is, the annual volume of purchases will not exceed 2 million rubles in this case). Is this possibility limited by the maximum share of purchases from a single supplier in the annual volume of purchases by any special requirements?

Fatyushin Alexander Anatolyevich

No, there are no special restrictions, including those contained in by-laws. In accordance with the customer independently decides which indicator will be used in determining the total annual volume of purchases made by a single supplier (5% of the total annual volume of purchases or 2 million rubles).

Thus, if your entire total annual procurement volume does not exceed 2 million rubles, you have the right to carry out all your purchases from a single supplier on the basis of this paragraph. Moreover, the value of each contract should not exceed 100 thousand rubles.

Is the amount of the contract of sale of electric energy with the guaranteeing supplier concluded in accordance with the included in the total annual procurement?

reader under the nickname "topaz-tn"

It all depends on the purpose for which the customer makes the total annual volume of purchases. Unfortunately, the wording of the question does not allow us to determine this; therefore, we will consider the general rule and the exception used to calculate the total annual volume of purchases from small businesses and socially oriented non-profit organizations.

The total annual volume of purchases means the total amount of financial support approved for the relevant financial year for the procurement by the customer, including the payment of contracts concluded before the start of the specified financial year and payable in the specified financial year (). The total annual volume of purchases is calculated to address the issue of the need to create a contract service, identify a supplier, and other goals. Thus, as a general rule, all purchases of the customer are included in the total annual volume of purchases, regardless of the basis on which the contract is concluded.

However, if you make a calculation to determine the volume of purchases that the customer is obliged to carry out, providing benefits for small businesses and socially oriented non-profit organizations in accordance with (exception), a different procedure for calculating the total annual volume of purchases is applied.

Let me remind you that customers are obliged to make purchases from small businesses, socially oriented non-profit organizations in the amount of not less than 15% of the total annual volume of purchases, calculated taking into account, through competitive procedures (electronic auctions, tenders, request for quotations and request for proposals). Moreover, the following purchases are not included in the calculation of the total annual procurement volume:

• to ensure the country's defense and state security;
• credit services;
• from a single supplier (contractor, contractor) in accordance with;
• work in the field of atomic energy use;
• in the implementation of which closed methods for determining suppliers, contractors, and contractors are used ().

Thus, if you determine the total annual volume of purchases from small businesses or socially oriented non-profit organizations, then this calculation does not include purchases made from a single supplier (including purchases of electric energy from a guaranteeing supplier). In other cases, the calculation of the total annual volume of purchases includes all purchases, regardless of the basis on which the contract is concluded.

In 2013, we held tenders for the purchase of automobile spare parts, which was in force at the time of the Federal Law of July 21, 2005 No. 94-ФЗ "". The winner was a supplier from another city with whom we entered into a contract. However, working with him was not very convenient due to the large distance between our cities. At present, we have the opportunity to conclude a contract for the purchase of spare parts in the amount of up to 100 thousand rubles. with local supplier. Do we have the right to do this without terminating the contract with the first supplier?

KGBUZ Birilyuskaya RB

Yes, you can do it. The customer is entitled to purchase goods, work or services in an amount not exceeding 100 thousand rubles. (). At the same time, the annual volume of purchases that the customer is entitled to carry out on the basis of this paragraph shall not exceed 2 million rubles. or 5% of the total annual procurement of the customer and should not be more than 50 million rubles. It is worth noting that the nomenclature of goods, works or services that the customer has the right to purchase on the basis of this paragraph has not been established. Also, the right to conclude a contract with a single supplier is not limited if there are earlier contracts with a similar subject, the execution of which is not completed.

Thus, you can purchase spare parts worth up to 100 thousand rubles if the annual limit for procurement established by this paragraph from a single supplier is not exceeded.

Our organization was allocated funds for the purchase of furniture in the amount of 150 thousand rubles. It is necessary to purchase different furniture, but not one of the sellers has all the necessary pieces of furniture in stock. Can we buy furniture from different suppliers with contracts of up to 100 thousand rubles. (that is, to break the total amount of allocated money) or is it necessary to conduct competitive procedures?

Morozova Natalia

Yes, you have the right to conclude several contracts regardless of the object of purchase (). Let me remind you, according to this clause on the conclusion of direct contracts with a single supplier worth up to 100 thousand rubles. You can spend no more than 2 million rubles or no more than 5% of the total annual volume of purchases and no more than 50 million rubles.

Our orphanage for mentally retarded children is an institution of social protection of the population, but has a license to provide educational services. The staff of the orphanage consists of educators and teachers, and training sessions are held with children. Do we have the right to conclude contracts with a single supplier of up to 400 thousand rubles. how is an educational organization referring to?

Tatyana Tveritina

Federal Law of December 29, 2012 No. 273-ФЗ "" (hereinafter - the Law on Education) separates the concepts of "educational organization" and "organization providing training". An educational organization is a non-profit organization that carries out educational activities on the basis of a license as the main activity in accordance with the goals for the achievement of which such an organization was created (). The organization providing training is a legal entity that carries out, on the basis of a license, educational as an additional type of activity along with the main activity ().

State or municipal educational organizations have the right to conclude an agreement with a single supplier for an amount not exceeding 400 thousand rubles. ().

Based on the above, an orphanage, for which educational activity is not the main one, cannot be recognized as an educational organization, and therefore, has no right to make purchases on the basis of.

However, for such an organization, the conclusion of contracts with a single supplier is available on the basis of an amount not exceeding 100 thousand rubles.

Still have questions? We are waiting for your letters to E-mail:.

We invite you to discuss the application of Law No. 44-FZ on ours.

  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.

Step by step, we will understand what is needed to conclude a contract with the only suppliers in Federal Law 44, when it is necessary to publish a notice, when a report is needed - justification. Mandatory rules that must be considered when purchasing from a single supplier, both to the customer and to the supplier or contractor.
  The customer is entitled to conclude a contract with a single supplier only on the grounds provided for in paragraph 1 of Article 93 of Law No. 44-FZ. Before signing a contract, regardless of the selected paragraph of Article 93 of Federal Law 44, procurement must be included in the procurement plan and schedule.

In what cases is the customer entitled to conclude a contract with a single supplier?

The conclusion of a contract with a single supplier is a right, not an obligation of the customer, but there is an exception. According to parts 1 and 5 of article 24 and part 1 of article 93 of Law No. 44-FZ, in cases where an open competitive procurement has not taken place and there is one application that meets the requirements of the documentation, the customer must enter into a contract with a single supplier. The position is confirmed by the Ministry of Finance in a letter dated September 12, 2017 No. 24-02-08 / 58934 and the Ministry of Economic Development in a letter dated March 31, 2017 No. OG-D28-4021

How to purchase from a single supplier?

1. Procurement in the procurement plan and schedule

The uniform rule for all procurements in Federal Law 44: you can’t make purchases that are not included in the procurement plan and in the schedule. This rule also applies to purchases from a single supplier, in accordance with part 11 of Article 21 of Law No. 44-FZ and letter of the Ministry of Economic Development dated March 31, 2017 No. OG-D28-4021.
  If a contract is concluded that is not in the schedule, the contract service employee or contract manager will pay a fine of 30,000 rubles. Punishment is provided for in paragraph 1.6 of Article 7.30 of the Code of Administrative Offenses.
  Special purchases are distinguished for which simplified planning is provided: not every contract is written in the schedule, but the total annual amount of purchases by type of expenditure (subparagraph “a” of paragraph 2 of the Requirements for the schedule form from Government Decision dated 05.06.2015 No. 553 and in subparagraph "a" of paragraph 2 of the Requirements for the schedule form, which the Government approved by decree dated 05.06.2015 No. 554).
  These special purchases include information on purchases that are planned to be carried out in accordance with clause 7 of part 2 of article 83 and clauses 4, 5, 23, 26, 33, 42 and 44 of part 1 of article 93 of Federal Law 44 in relation to each of the following procurement objects :

• medicines purchased in accordance with paragraph 7 of part 2 of Article 83 of the Federal Law;
• goods, work or services in an amount not exceeding 100 thousand rubles (clause 4 of part 1 of Article 93 of the Federal Law 44);
• goods, work or services in an amount not exceeding 400 thousand rubles (clause 5 of part 1 of Article 93 of Federal Law 44);
• services related to sending an employee on a business trip (clause 26 of part 1 of Article 93 of the Federal Law 44), as well as with participation in festivals, concerts, performances and similar cultural events (including tours) based on invitations to attend these events;
• teaching services provided by individuals;
• services of a guide (guide) provided by individuals;
• services for the maintenance and repair of one or more non-residential premises transferred for free use or operational management to the customer, water, heat, gas and energy supply services, security services, services for the removal of household waste if such services are provided to another a person or other persons using non-residential premises located in the building in which the premises are located, transferred to the customer for free use or operational management;
• work related to the collection and processing of primary statistical data during the conduct of federal statistical monitoring in the territory of the Russian Federation in accordance with the legislation of the Russian Federation on official statistical accounting, performed by individuals (paragraph 42 of part 1 of article 93 of Federal Law 44);
• services to provide the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indices (paragraph 44 of part 1 of article 93 of Federal Law 44);

Deadline for amending the procurement plan and plan - schedule

Here, too, have their own characteristics for procurement from a single supplier. Since July 2018, the deadline of 10 calendar days for purchases from a single supplier has been canceled and a new one has been established. Starting July 1, 2018, change the procurement schedule for a single supplier, at least one calendar day before you publish the procurement notice. At the same time, publish the notice no earlier than the day when you post the amended schedule to the UIS.
  Law No. 44-FZ does not specify the time frame for making changes to the schedule if it is not necessary to publish a procurement notice from a single supplier. In this case, it is better to use the general rule to make changes 10 calendar days before entering into a contract, and not one calendar day. An exception is purchases under paragraphs 9 and 28 of part 1 of Article 93 of Law No. 44-FZ, when amendments are made one day before the conclusion of the contract, in accordance with paragraphs 9 and 10 of the Rules from Resolution No. 553, paragraphs 11 and 12 of the Requirements from Resolution No. 554.

2. Pricing a contract with a single supplier

To calculate the price of a contract, use one or more methods:

• market analysis method;
• regulatory method;
• tariff method;
• design estimate method;
• costly method.

The customer is entitled to apply other methods of calculating the price of the contract with the supplier, if the above methods cannot be used. In this case, include the justification of the impossibility to apply the basic methods in the justification of the price, according to parts 1 and 12 of article 22 of Law No. 44-FZ and in a letter from the Ministry of Economic Development of October 13, 2014 No. OG-D28-7883.
Eif you choose the calculation method of NMCC incorrectly, the contractor will pay a fine of 20,000 to 50,000 rubles. in part 1 of Article 7.29.3 of the Code of Administrative Offenses.

3. Drafting a contract

When drafting the contract, indicate the essential conditions in accordance with Law No. 44-FZ. But when purchasing from a single supplier, the following exceptions are provided:

• responsibility of the customer and counterparty;
• the schedule for the execution of the contract, even if you conclude the contract for a period of more than three years and the price is more than 100 million rubles .;
• the procedure and deadline for payment of goods, work or services, the procedure and deadline for acceptance;
• a condition that reduce the price of a contract with an individual or legal entity by the amount of taxes and other obligatory payments to the budgets.

In addition, the customer is not required to use standard contracts.
  The above exceptions apply only to purchases under paragraphs 1, 4, 5, 8, 15, 20, 21, 23, 26, 28, 29, 40, 41, 44-46 and 51-53 of part 1 of Article 93 of Law No. 44- Federal Law
   When purchasing from a single supplier for other reasons, include all material terms, in accordance with part 15 of article 34 of Law No. 44-FZ.
  Be sure to include in the contract calculation and justification of the price. An exception is procurement, in which you do not prepare a justification for the impossibility of conducting competitive procurement, namely for cases of procurement from a single supplier (contractor, contractor), as provided for in paragraphs 1, 2, 4, 5, 7, 8, 15, 16, 19 - 21 , 24 - 26, 28, 29, 33, 36, 42, 44, 45, 47 - 48, 50 - 54 parts 1.
  In such transactions, the calculation and justification of the price is not necessary to include in the contract. However, if included, there will be no violation of the law - part 4 of article 93 of Law No. 44-FZ and the decision of the Arbitration Court of the Lipetsk Region dated August 31, 2016 No. A36-2054 / 2016.
  The customer is obliged to calculate and justify the price when he draws up a schedule, therefore, the calculation and justification must be prepared even if there is no obligation to include information in the contract. (Clause 1 of Part 3 of Article 18 of the Law No. 44-ФЗ and the letter of the Ministry of Economic Development of 02.02.2017 No. D28i-142 and of April 26, 2017 No. D28i-1859)

4. Preparation of the report - justifications

To purchase goods, works, services from a single supplier, the customer must substantiate in the report:

• impossibility or inappropriateness of other methods of procurement;
• contract price;
• other material terms of the contract.

Generate a justification report not for all transactions with a supplier.

Justification report needed	Clauses 3, 6, 9, 10-14, 17-18, 22, 23, 30-32, 34, 35, 37-41, 46, 49 of Part 1 of Article 93 of Law No. 44-FZ
Justification report not needed	Items 1, 2, 4, 5, 7, 8, 15, 16, 19-21, 24-26, 28, 29, 33, 36, 42, 44, 45, 47, 48, 50-54 of part 1 of Article 93 Law No. 44-FZ

The rules are established in part 3 of article 93 of Law No. 44-FZ.

5. Coordination of procurement with the supervisory authority

When a competitive purchase has not taken place and you enter into a contract with a single supplier, coordinate the transaction with the supervisory authority. The contract with a single supplier based on the results of a failed closed purchase, agree in any case. Coordination of a deal with a single supplier based on the results of open procurement should also always be possible, except for three exceptions:

• an autonomous institution conducts procurement in accordance with paragraph 4 of Article 15 of Law No. 44-FZ;
• the legal entity conducts procurement in accordance with paragraph 5 of Article 15 of Law No. 44-FZ;
• request for quotes did not take place.

Contracts with sole suppliers based on electronic procurement results need not be agreed upon. (clause 24-25.3 of part 1 of article 93 of Law No. 44-FZ)

6. Publication of the notice

When purchasing from a single supplier, publish a notice in the UIS. The obligation is provided only for transactions under paragraphs 1-3, 6-8, 11-14, 16-19 of part 1 of Article 93 of Law No. 44-FZ. When purchasing on other grounds, the notice does not need to be published.
  Mandatory information is indicated in the notice:

Customer Information	Name, location, postal address.    Phone number and e-mail.    Responsible officer
Conditions of a contract	Name and description of the procurement object.    Quantity and place of delivery of goods (when purchasing goods).    The place where the counterparty will perform work or provide services (when purchasing work or services).    The time period in which the counterparty is obliged to deliver the goods or complete the work, or the schedule of services.    Contract price.    Source of financing
Limitations	Restrictions on procurement only among the NSR and SONO
Contract security	The amount of security for the execution of the contract.    The order in which the counterparty provides collateral.    Security requirements.    Include information in the notice if provided for the provision of the contract
Banking support	Write information about the banking support of the contract or indicate that banking support is not provided

Post a notice to the EIS at least five calendar days before the date when you conclude the contract. When purchasing with a state secret, you do not need to publish a notice. The requirement to publish, together with the notice, a draft contract with a single supplier is not established in Law No. 44-FZ. (clause 1, 2, 4, 8 of article 42 and in part 2 of article 93 of Law No. 44-FZ)
If you violate the notice publication period for one business day, the contract service employee will pay a fine of 3,000 rubles, the organization - 10,000 rubles. In case of violation of more than one working day, the fine for an official is 15,000 rubles, for an organization - 50,000 rubles. If you violate the order of publication of the notice, the fine will also be 15,000 and 50,000 rubles. Punishment is provided for in paragraphs 1.2-1.4 of Article 7.30 of the Code of Administrative Offenses. In addition, supervisors can be fined for violating the terms of the contract.

7. Conclusion of a contract

Conclude a contract with the supplier on time according to the schedule. In doing so, observe the restrictions indicated in the table.

Happening	Deadline for concluding a contract
	Not earlier than five calendar days from the date of publication of the notice
E-procurement failed	Not earlier than 10 calendar days from the date when the final protocols of electronic competitions or auctions were published in the UIS. When requesting quotes and requesting proposals, the period is seven calendar days
Received FAS approval for a deal with a supplier based on the results of a failed closed purchase or open paper purchase	Not later than 20 calendar days from the date when they received approval
An open paper purchase did not take place and the deal with the supplier should not be agreed upon (except for quotation request)	Not later than 20 calendar days from the date of publication of the protocol on failed competitive procurement
Quotation request failed	Not earlier than seven calendar days from the date when the protocol for reviewing and evaluating applications was placed in the UIS, and no later than 20 calendar days from the date when they signed this protocol

The terms are listed in part 10 of article 83.2, paragraphs 24-25.3 of part 1, part 2 of article 93 of Law No. 44-FZ.
  If you conclude a contract with a deadline, the responsible employee will pay a fine of 50,000 rubles. in part 3 of article 7.32 of the Code of Administrative Offenses.

8. FAS notification

If you have concluded a contract with a single supplier in accordance with clauses 6, 9, 34 or 50 of part 1 of Article 93 of Law No. 44-FZ, notify the procurement control authority. To do this, send a notification to one of the organizations:

• FAS - for procurement for federal needs;
• the control body in the field of state defense orders - during procurement under the state defense order;
• the executive authority of the constituent entity of the Russian Federation, which controls procurement, - for procurement for regional needs;
• local government body that controls procurements - for procurement for municipal needs.

Attach a copy of the contract and the rationale for its conclusion to the notification. Send documents to the supervisory authority no later than one business day from the date of conclusion of the contract. Such rules are established in part 2 of article 93 of Law No. 44-FZ.
  If you do not send the documents to the controllers at the right time, the contract service employee will be fined 15,000 rubles, and the organization - 100,00 rubles. in part 1 of article 19.7.2 of the Code of Administrative Offenses.

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.

Most purchases, especially at the state level, take place using the bidding system. Competitive procedures (tenders, auctions) imply that the client cannot independently select the contractor, he only makes demands that the future contractor must satisfy. This approach allows us to provide the conditions for creating the most fair competition. But there is an option to carry out procurement activities from only one supplier - the legislation contains such a procedure as “purchases from a single supplier”.

Current procurement law provides for several types of procedures in this area. One of them is the opportunity to sign a contract with a single supplier through procurement from him. Such procedures are called non-competitive. Buying from one supplier is perhaps the most favorite procedure among customers and suppliers. In this case, the contract bypasses the procurement stage, for example, consideration of applications, auction, summing up. That is, the contract is concluded immediately between the seller and the buyer.

The essence of procurement

Procurement is the process of providing all types of material and technical resources at the required time and in the volumes necessary for the normal implementation of the production and economic activities of the enterprise.

Properly organized procurement not only allows you to get the right amount of goods at the right time, but also affect the supplier or manufacturer. This influence allows us to improve the quality of the delivered products, as well as constantly update and expand our product range, which ultimately increases the competitiveness of the enterprise and maximally satisfies consumer demand.

Legislative and regulatory framework

The main legislative acts in the field of issues under study are the Federal Law "On the contract system in the field of procurement of goods, works, services for the provision of state and municipal needs" dated 04.04.2013 No. 44-ФЗ and the Federal Law "On the procurement of goods, works, services by certain types of legal entities "Dated July 18, 2011 No. 223-FZ.

The table shows the comparative characteristics of the two laws.

Application 44-FZ

The possibilities for carrying out this form of procurement are described in 1 part 93 of Article 44-FZ. In fact, the law does not require the use of this method. He gives clients such a right, and whether to use it or not - the decision remains with the client.

Clients enjoy this right with pleasure, but for a strictly limited amount by law (up to 100 thousand rubles)

In some cases, a large amount is allowed for purchases, for example, purchases from one supplier to provide orphans with everything they need. In this situation, the amount of contracts can reach up to 400 thousand rubles. Options that involve procurement from a single supplier under 44-FZ cover any force majeure situation that requires urgent decisions. The law describes 52 points when such a purchase can be made.

It also talks about which purchases to make. But the buyer must inform the supervised body and coordinate the list with him. At the same time, the one who makes the purchase is forced to purchase goods at the stated prices of the seller without possible reduction and on his terms, this is a big minus for the client, because he is forced to agree to the terms of the contract without the possibility of changing them.

At the same time, the entire amount of purchases from a single supplier under 44-ФЗ can reach a maximum of not more than two million rubles a year or five percent of all customer purchases, but not more than fifty million rubles.

Application 223-FZ

The federal law 223-ФЗ has a similar concept. The initiative may come from both the client and the seller. The rules for such a procurement are compiled in accordance with 223-FZ; they are specified in the procurement regulations of the customer.

Single supplier concept

Sole supplier. The definition of this concept is that it is any legal entity (organization, enterprise, institution) or a person who supplies goods or services to customers.

The supplier conducts business in accordance with the terms of the supply contract, which is one of the types of sales contract. In accordance with the supply contract, he undertakes to transfer, within the established time frame, the goods produced or acquired by him to the client for use in economic activities or for other purposes not related to personal, family, home or other similar methods of use.

Definition of procurement from one supplier

Purchasing from a single supplier is a non-competitive form of establishing a counterparty, in which there is no formal selection procedure. It is also a procurement mechanism in which the client offers only one contractor to fulfill the contract, bypassing the tender procedures and not involving other bidders.

It is worth noting that the purchase from a single supplier is a right, and not the responsibility of the client. The only exceptions are purchases when the competitive procedures in 44-FZ fail. Purchases from a single supplier attract customers with their relative simplicity and low time.

The advantages of this form of procurement

This scheme of interaction between the client and the supplier has several positive aspects:

• the supplier is guaranteed a contract;
• the client receives a guaranteed verified supplier;
• the probability of non-performance of the contract is minimal;
• the procedure is simple and convenient for everyone, it does not require large expenditures of labor and time;
• short terms of purchase;
• the client contacts the supplier who can fulfill the guaranteed contract;
• it is almost impossible to suspend a contract;
• in order to conclude a contract with one supplier, the latter does not need to use a large amount of human resources.

The disadvantages of this form of procurement

They include:

• a situation when there is no healthy competition, as a result, a minimum level of price reduction;
• for obvious reasons, this type of procurement always attracts the attention of supervisors.

Implementation of procurement procedures under 44-FZ

During its existence, 44-FZ has been repeatedly subjected to various changes and additions.

It is impossible to purchase products from one supplier unless such a purchase is indicated in the list of cases established by this law. The list of cases in which a purchase can be made from a single supplier under 44-FZ is given in part 1 of article 93.

This list currently provides for 45 cases of such a purchase.

We distinguish the main groups:

• if competitive procedures have not taken place;
• during the construction of facilities, their repair, maintenance;
• purchases in the field of cultural areas, sports and education;
• procurement in the field of medicine and emergency response;
• purchase of services in the field of utility, electricity and heat services;
• purchases from natural monopolies;
• procurement in the field of public administration and defense;
• and other cases when purchases can be made from one supplier.

The client decides to conclude a contract with one supplier without any approval from the control body. Sometimes such coordination and notification are necessary.

Organization of procurement under 223-FZ

Purchasing from a single supplier under 223-FZ is also sometimes called direct.

Depending on the initiative side, purchases from one supplier can be carried out by reporting the possibility of concluding a contract to a selected supplier without taking into account competing offers.

Cases of direct purchases are established by the client in his rules (part 2 of article 2 223-FZ). Procurement Regulation - a document that governs all activities related to the acquisition of goods.

The bulk of purchases made by customers and not exceeding 100 (500) thousand rubles are purchases of goods from one supplier. In such cases, customers also have the right not to post procurement information, including notifications, documentation and protocols, which greatly simplifies the lives of customers.

The most common cases of procurement from a single supplier under 223-FZ:

• low cost of purchased products (works, services) when the use of competitive procurement methods is not suitable;
• availability of necessary products from only one supplier;
• the supplier is the owner of exclusive rights in relation to this product;
• previous purchases on a competitive basis did not take place;
• urgent need for products (emergency situations, accidents, etc.).

Reporting on procurement from a single supplier is distributed in a separate section as part of the total monthly reporting posted on the official website in accordance with part 19 of article 4 of 223-FZ.

Contract: development basics

When a contract is concluded with a single supplier, then by its content it can have exactly the same form and content as a regular supply contract. Article 34 44-FZ states that the content of the contract must comply with the provisions of the Civil Code. Some sections may be skipped.

For example, you can not note the responsibility of the parties to each other, the rules for calculating and paying fines. You can omit the schedule of work and the procedure for settlements with the entrepreneur. Another additional condition for a document signed with one supplier is the procedure for securing the contract and returning funds.

At the same time, if the contractor is a person who is not registered as an individual entrepreneur, the contract must indicate that the amount of the contract with a single supplier is reduced by the amount of tax, since the client in this case is a tax agent.

Organization of procurement activities from one supplier

Since we are considering this type of procurement from suppliers, we will not dwell on all the actions that the client must perform, but we will determine only the general algorithm.

1. The client selects the company with which he signs the contract and agrees with the terms of the purchase and the text of the agreement (contract).
2. The notice is placed by the buyer in the system (a single information system), another five days remain until the contract is signed.
3. The buyer has one day after signing the contract to notify the supervisory authority of upcoming purchases.

All non-competitive procurement methods are under the careful supervision of regulatory authorities, and this must be taken into account when preparing documents.

There is no algorithm to assess how legitimate it is to enter into a single contract supplier. It all depends on the staff of the supervisor and on the arguments about the need for procurement. As attention to such procurement methods is increasing. The correct justification of a single supplier and its prices will greatly simplify the life of not only the client, but also the customer.

Step-by-step instruction

The step-by-step instructions for purchasing from a single supplier (EP) are as follows.

Stage 1. Preparation for the purchase in this way.

• Step No. 1. Preparation of an Order (or other document) for the implementation of procurement from one supplier.
• Step No. 2. Preparation of a substantiation of compliance of the EP with the requirements of legislation and procurement documentation.
• Step No. 3. Preparation of an application for approval of the conclusion (possibility of execution) of an agreement with a single supplier.

Stage 2. Formation of documentation for the purchase from the EP.

• Step No. 4. Development and approval of the draft contract.
• Step No. 5. Calculation and justification of the purchase from a single supplier and the contract price.
• Step No. 6. Preparation of a report confirming the conclusion of an agreement with the EP and the inappropriate conduct of competitive procurement procedures (prior to posting a notice and concluding an agreement).
• Step No. 7. Entering into a single reference system a notice of procurement from the EP.

Stage 3. Directly the process of concluding a contract with the EP.

• Step No. 8. Contact the supervisor to approve the transaction through a Sole Provider Notification.
• Step No. 9. Signing of the contract after the supplier has submitted a document to enforce the contract.

Stage 4. Notification of the supervisor of the contract with the EP.

• Step No. 10. Submission of a notification (with a copy of the concluded contract and the rationale for its conclusion) to the supervisory authority.

Stage 5. Acceptance of goods.

• Step No. 11. Engage independent experts.

Contract Pricing

• market analysis method;
• regulatory method;
• tariff method;
• method of design and evaluation;
• costly method.

The client can apply other options for calculating the price of the contract with the supplier, if the listed cannot be used.

Procurement Coordination with the Supervisory Authority

When a competitive purchase has not taken place and an agreement is concluded with one supplier, coordination with a higher controlling authority is necessary.

It is also always necessary to coordinate work with a single supplier on the outcome of open procurement, with the exception of three cases:

• an autonomous organization purchases in accordance with subsection 4 of article 15 of Law No. 44-FZ;
• a legal entity makes purchases in accordance with paragraph 5 of Article 15 of Law No. 44-FZ;
• request for quotes did not take place.

Contracts with single suppliers based on electronic procurement results do not need coordination.

The following organizations must be notified:

• FAS - at the level of purchases for federal needs;
• control body in the field of state defense orders;
• the executive body of the constituent entity of the Russian Federation, which controls the procurement (acquisition of goods for regional needs);
• local government that monitors purchases when it purchases products for municipal needs.

A copy of the contract and the rationale for the purchase from a single supplier must be attached to the notice. Documents must be sent to the control body no later than one business day from the date of conclusion of the contract. Otherwise, the contract service employee will be fined 15 thousand rubles, and the organization - 100 thousand rubles.

New rules

Since this type of procurement is the second most popular way to execute contracts (in 2017, almost half of all transactions were carried out in this way), the legislation constantly monitors the execution of contracts, from time to time improving them.

New rule changes in the near future will be as follows:

1. There is no need to place a procurement notice with the EP. In advance, a special schedule will be formed indicating such information;
2. Eliminates the obligation of bidders to justify the impossibility of procurement in a competitive form;
3. Eliminates the need for external expertise for government contracts;
4. Cases of coordination with the FAS will be necessary only in the course of individual methods for determining the supplier;
5. New collateral for guaranteeing supplier obligations will be introduced;
6. The customer will have the right to conclude a state contract with the participant of the second number in a situation when the contract is terminated with the first number;
7. Previously, the customer had the right to enter into a lease for the following objects: buildings, structures, structures. Now an object such as a land plot has been added to this list.

Conclusion

In order to become the only supplier, you must follow these tips:

• faithfully fulfill all contracts, maintain a good image;
• offer a unique product on the market: the client simply has nowhere else to buy this product.

In conclusion, let us dwell on several important points.

1. Firstly, purchases from the EP for customers are a very attractive form of procurement, although they require more attention from regulatory authorities.
2. Secondly, it is necessary to carefully read articles 93-96 44-FZ in order to understand whether these products are bought in this way or not.
3. Thirdly, if the company plans to participate in procurement under 223-ФЗ, it is necessary to study the procurement provisions of the client in the procedure of which he will participate.
4. Fourth, to fully and timely fulfill the obligations to customers under the concluded agreements.