• Procurement price threshold

The procurement activity of the Customer is carried out in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Law No. 233-FZ, other regulatory legal acts, as well as approved and posted in a unified information system (on the official website www.zakupki.gov.ru., OOS, EIS) Regulations on the purchase of a customer, which is a fundamental document governing the procedure and rules for organizing a procurement process. Law №223-ФЗ, unlike 44-ФЗ, does not rigidly regulate the procurement activities of subjects falling under its effect, but only establishes a certain framework. Also in 223-ФЗ there is no division of procurement methods to competitive (with bidding, for example, a competition; without conducting trading, for example, a request for proposals) and non-competitive (purchased from a single source). The existing legislation is not fixed by an exhaustive list of trade and non-trading methods of procurement, in accordance with 223-FZ (Part 3. Art. 3) the customer is presented with the opportunity to register in its position any procurement methods. At the same time, the reflection is reflected in the Regulations on the Procurement of the Competition and the Auction, although the law does not require the compulsory purchases from the customers for 223-ФЗ.

One of the foundations of the modern purchasing process is the competitive procedure. But sometimes the customer may have a need to purchase goods, works or services (for timely satisfaction of the needs) without trading. The Law No. 233-FZ provides for such a non-competitive method as the purchase of a single source (Art. 4 Part 19): "The customer is no later than the 10th day of the month following the reporting month, places in a unified information system:<…> 2) information on the number and on the total value of contracts concluded by the Customer on the results procurement at the only supplier (artist, contractor)».

The legislator does not establish certain requirements for the procurement of a single source, also the law says to cases when the customer has the right to resort to procurement from the supplier. That is, in its approved and placed properly, the Regulations on the purchase of the Customer at its discretion indicates cases of purchasing goods, works and services at the only supplier. However, the customer should not be abused by this right, since the full refusal of competitive procedures in favor of the only source is a violation of the law and may cause issues from regulatory authorities.
Single source (supplier, performer or contractor ) - This is a person with whom the Customer concludes a contract without conducting competitive procurement procedures.
The procurement method at the only source:

• The customer independently offers a supplier (contractor, performer) to conclude an agreement for the supply of goods (performance, service provision);
• The customer receives a proposal to conclude an agreement from the supplier (contractor, performer).

In both cases, the customer must procure the procurement at the only supplier. Before concluding an agreement with one vendor, the market of the supplied goods, the work performed or the services provided (range, conditions, prices, etc.) should be explored (assortment, conditions, prices, etc.) to avoid violations of the principle of targeted and cost-effective cash spending, especially during the period of economic The crisis, when for the customer it is especially important not to spend the money wasted, since the proposal of the very "only" supplier may not be the only on the market, and maybe even less preferable than the proposal of another supplier (example: Solution of Khanty-Mansiysk Ufas from 10.02.2014 № 05-06-023-2014). Then the second source may have such questions: as in connection with which it was decided to conclude a contract with one or another supplier and as far as it was legitimate and legislatively reasonable on the part of the customer. The customer is not obliged to clarify the suppliers the procurement process of its enterprise, however, in order to avoid complaints in the FAS, in case of their part, it is better to tactfully give answers that explain the causes of procurement from a single source (with reference to procurement provisions).

Purchase at the only source:

• Without posting information in a single information system (on the OOS)

The customer is entitled not to post in a single information system (on the OOS) information (notice, procurement documentation and draft treaty) on the purchase of goods, works, services, the cost of which does not exceed 100 thousand rubles. In case the annual revenue of the customer for the reporting fiscal year is more than 5 billion rubles, the Customer has the right not to post information about the purchase of goods, works, services, the cost of which does not exceed 500 thousand rubles (Article 4 of Law No. 223-FZ) . It is believed that in this case the customer is made by minor purchases, and the feasibility of competitive trade procedures disappears.
The procurement law does not regulate the procurement price threshold at a single source, the customer does it independently in the procurement position, guided by the provisions of Art. 2 law. If the procurement provision provides for the possibility of purchasing goods, works, services from a single supplier for an amount, for example, up to 250 thousand rubles, then information about such purchases, if they exceed 100 thousand rubles, and the annual revenue of the customer for the previous year does not exceed 5 billion rubles Also must be published in Eis.
Direct purchases from the supplier (contractor, artist) to 100/500 thousand rubles. The customer has the right not to include in the procurement plan, but information about them is displayed in a monthly report and a semi-annual report for Rosstat (provided on an approved forms to the territorial body of the Federal State Statistics Service).
You should know that ....
Based on the Decree of Government No. 616 "On approval of the list of goods, works and services, the purchase of which is carried out in electronic form", the purchase of goods, works and services included in the list approved by this resolution is not carried out in electronic form if the purchase is carried out at the only Supplier (artist, contractor) in accordance with the Procurement Regulations provided for in Article 2 of Law No. 233-FZ ".

Procurement price threshold

When establishing a price maximum (prescribed in the procurement position), in which the Customer has the right to procure the only supplier, it is necessary to be guided principles installed 223-ФЗ. These include:

• equality;
• lack of discrimination and unreasonable competition restrictions in relation to procurement participants;
• justice;
• target and cost-effective cash spending on the purchase of goods, works and services and reduction of costs;
• information openness procurement;
• lack of restriction of participants to procurement by establishing immeasurable requirements for them.

Excessively high price threshold should not be indicated for direct purchases from a single source without consideration of competitive proposals, since these actions may cause issues from suppliers and a controlling body. In order to avoid controversial situations, the Customer needs to be clearly followed by the letter of the law, not violate the principles of 223-FZ. On the other hand, in practice such situations are possible when the auction organizer begins to "fragment" large procurement, concluding a large number of contracts for the supply of the same product (works or services) to avoid competitive procedures. There is no direct ban on such crushing of purchases in 223-ФЗ, but such actions violate the principles of the procurement process. Therefore, the customer, determining the needs of the goods (works or services), first conducts a competitive procurement procedure, selects the most acceptable price and quality offer and concludes an agreement with the winner. And in the event that the purchased goods (works, services) will not be enough to meet the needs, the customer can purchase the missing source without additional competitive procedures.

Example of procurement protocol at a single source

On the company's branded form
PROTOCOL
Commission meetings
March 02, 2015
g. .... (specify the name)
The composition of the Unified Commission:
Chairman of the Commission:
Surname, name, patronymic position

		Commission members:
1.		Full Name	Position
2.		Full Name	Position
3.		Full Name	Position
4.		Full Name	position
5.		Full Name	position

At the meeting there are all members of the Commission. Quorum for making a decision is available.
Request for proposals for the supply of gasoline AI-80, notice number ... .., In the amount of 300,000 liters (Customer's name) was recognized (the name of the Customer) failed in connection with the lack of applications, the Commission, having studied the market for the goods supplied,
MADE A DECISION:
To conclude a contract for the supply of gasoline AI-80 with a single source (on the basis of p ... Provision on the purchase of goods, works and services) on its conditions for the needs (name of the organization) in the amount of 300,000 l. The total cost of the goods is .... (rubles), taking into account VAT 18%. The term of the contract from March 15, 2015 to December 31, 2015.
The decision is made unanimously, by all those present members of the Commission.
Chairman of the Commission:
Surname, name, patronymic signature

		Commission members:
1.		Full Name	Signature
2.		Full Name	Signature
3.		Full Name	signature
4.		Full Name	signature
5.		Full Name	signature

How to watch the protocol on the EOS?

After publication by the Customer of the Procope on the Procurement of the Sole Source on the EOS information becomes available for universal familiarization.
To view information about the protocol, you need to find the necessary purchase, then two options are possible:
1) in the "Protocols" section, using the site functionality, select the parameter "Printed form" or "View".
If it was chosen "Printed form"The screen will appear on the screen, namely:
- procurement name;
- Method of procurement;
- information about the customer (name, location, postal address);
- date of signing;
- subject of the contract;
- the initial maximum price;
- information about the absence of applications.
If it was selected "View"then the site will present to familiarize
- General:

• name;
• the basis for the formation of the protocol (notice number indicating the date);
• protocol information (date of signing);
• additional Information;

Information about applications (zero);
- Documents (downloaded file with graphic type of protocol).
2) in chapter "documentation"where the document name is displayed, the date of creation, the name of the file and its size. To familiarize yourself with the protocol (in graphical form), you must click on the mouse of its name.
It should be noted that the actual protocol (current) will be a mark - "The current editorial office of the Protocol. If a change in the Protocol was made by the customer, then the current version of the Protocol will be placed on the Procurement website and the invalid.

Example of procurement documentation

Purchase at the only source
(The form of procurement documentation Customer may be placed in the procurement position)
Procurement documentation at the only source

Supply of gasoline AI-80

No. p / p	Name of paragraph	The text of the explanation
1	Requirements for the quality, technical characteristics of goods, work, services, to their safety, to the functional characteristics (consumer properties) of goods, to sizes, packaging, shipment of goods, to the results of work and other requirements related to the determination of the compliance of the goods supplied, work performed, Services provided by customer needs	Supply (product name) Quality requirements: Compliance with the current indicators of the GOST
2	Requirements for content, shape, design and composition of the application for participation in procurement	Not installed
3	Requirements for the description of the purchases of the supplied goods supplied, which is the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, the requirements for the description of the procurement of the work provided by the services provided by the procurement, their quantitative and qualitative characteristics	Not installed
4	Place, Terms of delivery of goods	Delivery time - from 03/15/2015 until December 31, 2015. Supply is carried out at the request of the customer (indicating the number of goods and addresses of delivery)
5	Information about the initial (maximum) contract price (lot price)	Not installed
6	Procedure for the formation of the price of the contract	The price is formed on the basis of monitoring the market of the relevant product (works, services)
7	Order, location, date of start and date of expiration of submission of applications for participation in procurement	Not installed
8	Form, timeline and payment procedure for goods, work, services	Payment is made by the customer monthly, according to the actual consumption by non-cash transfer of funds to the payment account with a delay of payment
9	Requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements	Not installed
10	Forms, order, start date and date of expiry of providing participants to procurement of clarification of the provisions of procurement documentation	Requests for clarifying the provisions of documentation are not accepted, the explanations are not provided (unless otherwise provided by the Procurement Regulations)
11	Place and date of consideration of proposals for procurement participants and summing up purchases	Offers of procurement participants are not considered, the results of the procurement are not summary. This procurement method is non-competitive.
12	Evaluation criteria and comparison of applications for participation in procurement	Not installed
13	Procedure for evaluation and comparison of applications for participation in procurement	Not installed

In the procurement documentation at a single source it is inappropriate to indicate such information as:

• Term, order and place of submission of applications by participants;
• Date and place of consideration of applications and summing up the procurement procedure;
• Requirements for registration of the application;
• Requirements for procurement participants and a list of documents that must be provided to confirm compliance with these requirements;
• The requirement to describe the participants in high-quality, quantitative and functional characteristics of the supplied goods (works, services);
• Criteria for assessing submitted applications, procedure for comparing and determining the procurement winner, etc.

To notice and purchase documentation should be attached draft agreementconcluded with the only source (if provided for by the Procurement Regulations). In the draft contract, the Customer indicates the subject of the contract, the delivery time (performance, service, services), the number of goods (scope of work, services), payment procedure, responsibility of the parties, the term of the contract and other conditions.
According to 223-ФЗ if, when concluding and executed the contract, the volume, the price of the purchased goods, works, services or the deadlines for the execution of the contract is changed compared with the procurement specified in the Protocol, within ten days from the date of making changes to the Treaty in EIS is placed information about a change in the contract with the indication of the changed conditions.

Algorithm for publishing information about procurement at a single source on the official website

1. The customer is necessary through the personal account using the EDS to go to the closed part of the official site and in the register of procurement to choose purchases from a single supplier (performer, contractor), indicating the procurement method and clicking "choose". Thus, the customer proceeds to the formation of procurement notice.

2. The following procurement information is indicated. At its discretion, the customer can fill in the contact information of the person with whom you can contact this purchase (surname, name, patronymic), as well as make the appropriate note in the requirements for participants in procurement about the absence of them in the register of unfair suppliers (these information is not mandatory for filling ). So that the information is not lost, you should press "save" each time.

3. After the public procurement data is completed, the customer starts to form a lot by clicking on the green cross "Add Lot".
The functionality of the site provides indication of the delivery place: various locations of the delivery of lots and a single place of delivery of lots. The customer chooses the desired option. For example, if the customer chooses a single delivery place, it will need to specify a specific delivery address (indicating the federal district and region). After pressing the "OK" button, these information will be saved.

4. Next, you should make overall information about the loan of procurement. Information "Lot number", "The name of the subject of the contract (Lot), the initial (maximum) contract price", "Currency" are mandatory for filling. In the product information, work, the customer prescribes the OKDP code, OKVED (it is necessary to enter the desired combination of numbers and click "Add"). In addition, you should specify a measurement unit from the list presented. Information on the number of goods, works and services is also obligatory. If it is impossible to determine if the customer makes a note about it. Now you need to click "Add to Table", after which all information will be in the table. So that the data is not lost, you should click "Save".

5. After filling out information about the lots, the customer proceeds to the documentation. Information on the provision of documentation is not required to fill. You need to attach one or more files to the customer, for this you need to click "Overview", select the desired document and click "Attach". The attached files will display a downloaded document.
If suddenly the customer erroneously loaded the wrong file, then it can delete it (press the red cross "Delete") and re-place the corresponding document. It should be noted that the notification is formed automatically as a printed form and it is not required to attach it in the documentation. When publishing a printed form, documentation files and a draft treaty will automatically be signed by the User's EDP.

5. Before placing procurement information on the EI on the official website, the customer should return to the phase of the formation of the notice. With the help of a triangle to the right of the name of the purchase to choose "Publish".
If errors were made by the customer when generating information, the site functionality will notify him about it, giving the opportunity to either continue the publication or cancel it to fix it.
Each time before placing on the official website, data about purchases, the customer should not be forgotten that the publication of information on the official website is a legally significant action that entails responsibility for the information signed by EDS. Therefore, the functionality of the site provides for the opportunity to warn the customer about it.

6. After publishing information on the official website, the purchase of a single source will be at the stage of the commission's work, bypassing the submission of applications, since this type of procurement is non-competitive and does not provide for submission to applications. Among the procurement posted by the Customer should choose to purchase a single source, then with the help of a triangle on the right to proceed to procurement information.

7. You should select the "Protocols" tab, click the green cross "Create a Protocol". The name of such a protocol "Protocol for the method" Purchase from a single supplier (performer, contractor) ". Protocol information is filled: the date of signing (using the site functionality and the calendar, the corresponding date is selected indicating the day, month, year). At the discretion of the customer, you can specify a different additional information (click the "Next" button).

8. After completing the general information about the protocol in competitive procurement, the Customer is usually filled with data on submitted applications. When purchasing a single source, this action is not performed, click "Next".

9. Now you need to download the necessary documents. Using the "Overview" button, select the desired file with the protocol, attach it. If the customer loaded the wrong protocol, then you can remove the unnecessary file using the "Delete" button and attach the corresponding purchase. Click the "Complete Protocol" button.

10. In the "Protocols" tab, unpublished data on the Created Protocol will be displayed. Now choose the "Publish" action. The protocol is signed by the EDS and is posted on the official website.

11. If the Customer is decided to cancel the protocol, then it should use the Site functionality in the "Protocols" tab, select the report on the cancellation of the protocol, fill out the required fields: the date of the decision on the cancellation, the basis for the cancellation of the protocol (for example, was wrongly loaded that protocol). Next, you should download the desired file, attach and publish with the help of EDS on the procurement site.

12. If the Customer has a need to change the protocol (for example, a search in the date of signing), in the "Protocols" tab, select the appropriate tab, where it necessaries the date of signing the protocol and the reason for its change. After that, loads the necessary files, attachs them and publishes on the official website using an electronic digital signature.

13. After the protocol is posted on the official website by the Customer, at the stage of the commission's work, to the left of the name of the procurement, the site functionality will indicate the presence of protocols (posted: Customer, protocols). Now with the help of a triangle, this purchase for a single source can be translated into the "Placing Completed" step. To view all the information provided in this procurement, go to the "Procurement Documents" tab, where everything was displayed, which was published by the Customer (Documentation, Protocol, Changes and Explanations, If you have to be). This information is in open access to familiarize yourself on the official website.

14. If the procurement provisions provides for the official website of information on the refusal of procurement (in this case, the procurement of a single source) and the Customer decided to refuse a procurement procedure, a document containing information about such a refusal is published on the official website. . To do this, in the closed part of the procurement site, you should find the necessary purchase, in the "Changes and Explanations" section, select the "Refusal of Purchasing" tab and click the "To create a refusal notice" button.

15. Now you need to publish compulsory information about the refusal of procurement: to specify the decision date, to register the grounds for making a decision, after which you attach the necessary file and publishes it using an electronic digital signature on the official procurement site. If necessary, the Customer has the right to post together with the document, which contains information on the refusal of the procurement procedure, other electronic types of documents containing the decision to refuse to purchase procurement.
Increasingly, the procurement experts raise the question of the inexpediency of posting information about the procurement of a single source in the EIS. If such a rule is fixed by law, then the Customer will not have the obligation to publish on the Procurement website for the procurement of the only supplier.

Pros and cons of purchase at the only source?

(Cases when the Customer applies this method is displayed by them in the Procurement Regulations, works and services)

«+» - The customer has the right to conclude an agreement with the only source with which he had a positive experience of cooperation in the past - the minimum probability of breaking the procurement procedure due to technical malfunctions - Zakazchik does not prepare the technical task, procurement documentation for the implementation of the procurement procedure "The only source takes less time at a single source (in this case, the participants do not file applications) compared with competitive procurement methods.

«-» -Unlike competitive procurement, the Customer has no possibility of choosing the most acceptable conditions for the execution of the contract, which participants offer in their applications. Great risk of purchased goods (works, services) at an overpriced price. - When crushing purchases on the smallest customer, paper red tapes occurs when entering into a larger number of contracts, it is also possible to continue to confusion among the papers. - In regulatory authorities, questions may arise about the legality of the application of this method of procurement, since a conspirass or agreement with potential suppliers is possible, and this, in turn, is a violation of the principles of the procurement process in 223-ФЗ. - carrying out a large number of purchases from a single source, the customer conducts less and less competitive procurement, large purchases in this way "are crushed" into smaller, which is a limitation of competition and violation of the principles of the procurement process in 223-ФЗ. - avoiding competitive purchases, the customer thereby affects the development of the economy as a whole. Competition provides conditions for the development, expansion and improvement of production, stimulates the price reduction, gradually the most reliable suppliers, contractors, performers, offering quality goods, works or services on the most profitable price for the customer remain in the market.

One of the competitive ways or to conclude a contract with the only supplier (Part 1 of Art. 24 of the Federal Law of April 5, 2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs"; Further - Law No. 44-FZ).

If the customer is purchased from the only supplier, then in fact it concludes a contract with a specific organization or citizen who implement the goods they need (work, services). In this case, there is no formal procedure for determining the supplier from among the procurement participants. Accordingly, such a way to conclude a contract is the easiest and most convenient for the customer, and also does not require considerable time.

About when the Customer may conclude a contract with a single supplier, see separate recommendation .

Attention!If the Customer will unreasonably decide to conclude a contract with the only supplier (contractor, performer), the FAS Russia may attract it to administrative responsibility. For such an offense establishes the responsibility of the customer's official in the form of a fine of 30 thousand to 50 thousand rubles. (Part 1, 2, Art. 7.29 of the Administrative Code of the Russian Federation).

In the procurement procedure at a single supplier (contractor, artist), several stages can be distinguished:

Stage 1. Purchase preparation

All purchases of goods (works, services) at the only supplier must be included in plan-schedule. At the same time, some of them need to be specified by total amounts by types of expenses. This refers to procurement:

• services for the maintenance and repair of non-residential premises in some cases ;

• works on the collection and processing of primary statistical data during federal statistical observation .

At the same time, state institutions should also specify the breakdown also on the code of expenses (detailed to the subgroup and item). This is stated in subparagraphs 2 and 4 of paragraph 5 of the annex to the joint order of the Ministry of Economic Development of Russia and the Treasury of Russia of March 31, 2015 No. 182 / 7N.

Stage 2. Search and selection of the only supplier (contractor, artist)

The customer needs to find the only supplier (contractor, artist).

The provisions of the Law No. 44-FZ do not establish any criteria or requirements for selection.

Usually, contracts conclude with proven and well-known counterparties, whose Customer has previously conducted the purchase of the necessary goods (works, services).

Stage 3. Direction of the proposal to conclude a contract

The customer can inform the chosen counterparty about his desire to conclude contractioncT in any convenient way (in writing or oral form).

Contract legislation does not establish a certain order to follow the proposal to conclude a contract.

Stage 4 (optional). Publishing an order for procurement

After selecting the only supplier and receiving his consent Customer, as a rule, issues order of this procurement .

The law does not require it. However, in some institutions there was a practice of concluding contracts that it provides.

Stage 5. Direction Supplier Supplier Contract for coordination

The draft contract for the supply of goods (execution of works, the provision of services) must be directed to the supplier (contractor, performer) to agree.

The contract must contain all the essential conditions.

At the same time, the Customer is obliged to establish a requirement to ensure the execution of the contract if the purchase takes place:

• from the supplier determined by the President of the Russian Federation or the Government of the Russian Federation if such a responsibility is established by the relevant regulatory legal act;

• institution, penalties, goods for employment convicts ;

• participation services in the event for the needs of several customers ;

• author's control services, technical and author supervision ;

• in case of recognition of closed or competitive procurement, failed i;

• equipment, software educational organizations - innovative sites ;

• housing economyractus in organizations who have entered into the dog ovor for the development of the territory in order to build such housing ;

• work on the collection and processing of primary statistical data when conducting federal statistical observation in Russia ;

• works (services) on engineering surveys, designing objects necessary for processing and disposal of waste .

In all other cases, the customer (authorized body) is entitled, but it is not obliged to establish a requirement to ensure the execution of the contract.

This is said in parts of 1-3 of Article 96 of Law No. 44-FZ.

The supplier must send the customer providing before concluding a contract. Only after that the contract can be signed (part 4, 5, Art. 96 of Law No. 44-FZ).

Step 6 (optional). Publication of procurement notice

The law establishes a number of cases when the Customer is obliged to place a procurement notice in Eis. It is necessary to do this no later than five days before the date of the contract.

In the notice you need to specify:

• information about the customer (specialized organization);

• a summary of the terms of the contract with information under article 42 of Law No. 44-FZ;

• everything restrictions that establish legislation to participate in the definition of the supplier;

• the size and procedure for making ensuring the execution of the contract.

This is stated in part 2 of Article 93 of Law No. 44-FZ.

Also to the notice of purchasing a single supplier should attach the draft contract.

Justification: The provisions of Law No. 44-FZ do not require this. Meanwhile, the Ministry of Economic Development of Russia believes that the draft contract for notice must be attached. After all, it is precisely all the conditions provided for by paragraph 2 of Article 42 of Law No. 44-FZ. This is stated in a letter dated December 9, 2014 No. D28I-2739.

Stage 7. Signing a Contract

If the supplier agrees with all conditions, the parties sign a contract. From now on, it is considered concluded.

Step 8 (optional). Drawing up a report on the impossibility to apply other procurement methods

In some cases, when concluding a contract with the only supplier (contractor, Contractor), the Customer is obliged to substantiate the impossibility or inappropriateness of the use of competitive procurement methods, the price and other essential conditions. Cases where the customer is obliged to compile a report, and when not, see in table.

Employees of controlling departments during checks can check if the customer has this report.

It can be drawn up in arbitrary form .

The report needs to specify:

• specific paragraph 1 of Article 93 of Law No. 44-FZ, which served as a basis for concluding a contract;

• the reason for which purchase could not be carried out by one of the competitive ways.

Such reasons include, for example:

• urgency of procurement due to certain circumstances (for example, the difficulty of daily work);

• the risk of recognizing the competitive procedure failed due to the fact that there are no interest in conclosing the Suppliers. For example, due to a small price, potential suppliers may not participate in procurement;

• lack of opportunity to get savings due to competitive procurement.

A ready-made report should not be placed in EIS. This is an internal document of the customer. This is stated in part 3 of Article 93 of Law No. 44-FZ.

Procurement laws provide for several types of procedures. However, one of them is the ability to conclude a contract through procurement from. Such procurement procedures are called non-competitive.

Purchase at the only supplier is perhaps the most beloved both among customers and among the suppliers. In this case, the contract is bypassing the stages of procurement such as consideration of applications, auction, summing up. Those. The contract is directly between the seller and the buyer.

1. Pluses of procurement at the only supplier

This procedure has undoubted advantages for both sides:

• short time for procurement
• The customer appeals to the provider, which can be guaranteed to execute the contract
• Suspend the action and signing the contract is almost impossible
• The procedure is simple and convenient.
• To conclude a contract with a single supplier, the latter does not need to use a large number of human resources.

2. Cases of use of purchases at a single supplier of 44 ФЗ

All cases are described in 1 part 93 of article . Actually, the law does not oblige the use of such a procurement method. It gives to customers such a right (the exception is the case when the announced procurement procedure did not take place), but to use it or not - the decision remains for the customer. Customers are the right to use with pleasure, but for any amount in this case, the contract does not conclude according to the law. Basically, the procurement amount will be up to one hundred thousand rubles. In some cases, a large amount for procurement is allowed, for example, a procurement of a single supplier to provide children - orphans to everyone can be carried out in the amount of up to four hundred thousand rubles. Cases of purchase at a single supplier cover any force majeure that requires an urgent solution. The law describes fifty-two points, when such a purchase can be carried out. Also, it is indicated regarding which purchases the Customer makes a decision for himself, in which one is obliged to report to the controlled body, and in what - to carry out it only in coordinating the control body. At the same time, the one who exercise procurement is forced to buy goods at the stated prices of the seller without a possible decline and on its terms, it is a big minus for the buyer, since it is forced to agree with the proposed price without the possibility of decline. At the same time, the entire amount of such purchases can maximally reach no more than two million rubles per year, or more than five percent of the total procurement of the customer, but not more than fifty million rubles.

3. Procurement for the only supplier

Since we consider this type of procurement by suppliers, we will not stop in all actions that the customer must make, but focus on the general algorithm.

• The customer chooses the company with which the contract concludes and coordinates the procurement conditions and text of the contract (contract).
• The notification is posted by the buyer in the system (a single information system) and still remains five days before signing the contract.
• In order to notify the purchasing authority of the buyer, there is one working day in stock after signing the contract, and you should not forget to provide it with a copy with the justification of the need for procurement and prices.

All non-competitive procurement methods are under the attentive observation of supervisory and control bodies, and this should be taken into account when drawing up documents. The algorithm, according to which the contract is estimated to be expanded with the only supplier. It all depends on the employees of the control body and from the need for the need for procurement. Since attention to such methods of procurement is increased, then the correct substantiation of the prices and the need for procurement at the only supplier will greatly simplify life not only to the customer, but also the supplier.

4. Purchase from the only supplier of 223 ФЗ

IN There is also such a concept. Sometimes it is called a direct purchase. The initiative can proceed from both the customer and the seller. The rules of such procurement of 223 FZPropis are in the Regulations on the procurement of the Customer. In certain cases (this is described by RF.15 Article 4 223 of the Federal Law) such purchases are not included in the system. Understand how such a purchase should pass from a particular customer by reading his procurement provision (located on the public procurement site)

So how to get to purchase at the only supplier? Note the main thing: the customer appeals to suppliers with whom it interacts. Or to a company that has no competitors due to the uniqueness of the proposed product or the service provided. Therefore, if you with the customer do not communicate, the contract with the only supplier will be given to your competitor. If the customer does not suit for some reasons, how you fulfill obligations on other contracts, the purchase will give your competitor. Availability in the warehouse of a defective position greatly increases your chances, because this product can be used only with you.

To conclude a contract with the only supplier to the Customer, it is necessary to substantiate the feasibility of this purchase, as well as to value the price and the method of calculating it. As a rule, with justification of prices, the supplier to which they applied is helped. He exhibits a commercial offer. It is possible that the customer will notice with the request not to one supplier, and chooses a suggestion with a lower price.

6. Entrepreneurs Support Center Partnership Program

If the supplier wants to enter into contracts through the procurement at the only supplier, it first is necessary to earn a reputation as a bona fide and responsible performer. Have resources for quick and high-quality work or fast delivery of goods. Carefully treat the formation of its price in a commercial offer for the customer. Read articles 44FZ and 223 ФЗ regarding this type of purchase. When working with 223 ФЗ, it is necessary to post a provision for the procurement of the customer.

Of course, this can be done. But today more and more attention is paid to procurement in small and medium-sized businesses, including procurement at the only supplier. To facilitate this task, special partnership programs are being created, in which both customers and suppliers participate. Page One of these programs present on our resource. By participating in such programs, large customers acquire constant conscientious suppliers from among small entrepreneurs, and small business gets the opportunity to become a supplier and a full-fledged partner for large corporations. The Center for Support and Entrepreneurship helps with the execution of documents, and after joining the program, the multifunctional office with full information on the planned (and declared) purchases and trading is your profile on the site. Also participants of the program are provided with a personal manager who helps to understand the complex trading system and search for your profile auctions. As you know, small businesses are very hard to keep the tender department in which highly qualified specialists work, the partnership program is intended to help solve this problem and provide small business to highly qualified support for trading professionals.

For a guaranteed result in tender purchases, you can seek advice from experts from the Center for Entrepreneurship Support. If your organization belongs to small businesses, you can get a number of advantages: Advanced by state contracts, short terms of calculations, the conclusion of direct contracts and subcontracts without a tender. And work only at favorable contracts with minimal competition!

We will deal with step by step what is necessary to conclude a contract with the only suppliers on the FZ 44, when it is necessary to publish a notification when a report is needed - justification. Mandatory rules that need to be taken into account when purchasing a single supplier, both the customer and supplier or the contractor.
The customer has the right to conclude a contract with the only supplier only on the grounds provided for in part 1 of Article 93 of Law No. 44-FZ. Before signing the contract, regardless of the selected paragraph of article 93 of the FZ 44, the procurement must be included in the procurement plan and plan schedule.

When can the customer have the right to conclude a contract with the only supplier?

Conclusion of a contract with the only supplier is the right, and not the 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 there was no open competitive purchase and there is one application that meets the requirements of the documentation, the Customer is obliged to conclude a contract with the only supplier. The position is confirmed by the Ministry of Finance in the letter dated 09/12/2017 No. 24-02-08 / 58934 and the Ministry of Economic Development in the letter from 03/31/2017 № og-d28-4021

How to procure the only supplier?

1. Publishing the procurement plan and in the schedule

Single rules for all purchases on the FZ 44: It is impossible to be purchased, which did not contribute to the procurement plan and in the schedule plan. This rule applies to the procurement of the only supplier, according to part 11 of Article 21 of Law No. 44-FZ and letters of the Ministry of Economic Development of March 31, 2017 No. OG-D28-4021.
If a contract is signed, which is not in terms of schedule, a contract service worker or a contract manager will pay a fine of 30,000 rubles. The punishment is provided for by part 1.6 of Article 7.30 of the Administrative Code.
Special procurement, for which simplified planning is provided: In terms of schedule, they write not every contract, and the total annual procurement of the procurement by types of expenses (subparagraph "A" of clause 2 of the form of a plan-schedule form from the Government Decree of 05.06.2015 No. 553 and In subparagraph "a" of clause 2 of the requirements for the form of a plan schedule, which the Government approved by the decision of 05.06.2015 No. 554).
Such special procurement include information on procurement, which is planned to be implemented in accordance with paragraph 7 of Part 2 of Article 83 and paragraphs 4, 5, 23, 26, 33, and 44 of part 1 of Article 93 of the FZ 44 in relation to each of the following procurement facilities :

• medicinal preparations purchased in accordance with paragraph 7 of Part 2 of Article 83 of the Federal Law;
• goods, works or services worth not exceeding 100 thousand rubles (paragraph 4 of part 1 of article 93 of the FZ 44);
• goods, works or services worth not exceeding 400 thousand rubles (paragraph 5 of part 1 of article 93 of the FZ 44);
• services related to the direction of the employee to the service business trip (paragraph 26 of part 1 of Article 93 of the FZ 44), as well as with participation in the festivals, concerts, ideas and similar cultural events (including tour) on the basis of invitations to visit these events;
• teaching services provided by individuals;
• guide services (guide) rendered by individuals;
• services for the maintenance and repair of one or more non-residential premises transferred to free use or operational management of the Customer, services for water, heat, gas and energy supply, services for the protection, services for the removal of household waste in the event that such services turn out to other or other persons using non-residential premises located in the building in which the premises transferred to the customer to free use or operational management;
• work related to the collection and processing of primary statistical data when conducting federal statistical observation in 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 FZ 44);
• services to provide access to information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific citation indices (paragraph 44 of part 1 of article 93 of FZ 44);

Making a change in procurement plan and plan - schedule

Here, too, there are features for procurement at the only supplier. Since July 2018, a period of 10 calendar days for procurement has a single supplier and installed, new. From July 1, 2018, changing the procurement schedule at the only supplier, at least one calendar day before publishing a purchase notice. At the same time, publish a notice not earlier than the day when place a modified schedule in EIS.
In Law No. 44-FZ, it is not specified, for how long make changes to the schedule, if you do not need to publish a procurement notice from a single supplier. In this case, it is better to take advantage of the general rule to make changes for 10 calendar days before you conclude a contract, and not for one calendar day. Exception - procurement under paragraphs 9 and 28 of part 1 of article 93 of Law No. 44-FZ, when the changes are made in one day before the contract is concluded, according to paragraphs 9 and 10 of the Rules from Decree No. 553, paragraphs 11 and 12 of the requirements from Decree No. 554.

2. Calculation of the contract price with the only supplier

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

• method of market analysis;
• regulatory method;
• tariff method;
• design and estimate method;
• pOSSIBLE METHOD.

The customer has the right to apply other methods for calculating the contract price with the eradicator if the listed methods cannot be used. In this case, in the rationale in prices include the rationale for the inability to apply the basic methods according to part 1 and 12 of Article 22 of Law No. 44-FZ and in the Ministry of Economic Development of October 13, 2014 No. OG-D28-7883.
E.if it is incorrect to choose the method of calculating the NMCC, the employee of the contract service will pay a fine of 20,000 to 50,000 rubles. According to Part 1 of Article 7.29.3 of the Administrative Code.

3. Drawing up contract

When drafting a contract, specify the essential conditions according to Law No. 44-FZ. But when purchasing the only supplier provides the following exceptions:

• responsibility of the customer and counterparty;
• a schedule of execution of the contract, even if the contract conclude for more than three years and the price is more than 100 million rubles;
• the procedure and period of payment for goods, work or services, order and period of acceptance;
• conditions that reduce the price of the contract with a physical or legal entity on the amount of taxes and other mandatory payments to budgets.

In addition, the customer is not obliged to use typical contracts.
The above exceptions are valid only when purchases on paragraphs 1, 4, 5, 8, 15, 20, 21, 23, 26, 28, 29, 40, 41, 44-46 and 51-53 of paragraph 1 of Article 93 of Law No. 44 FZ.
When purchasing a single supplier for other reasons, include all essential conditions, according to part 15 of article 34 of Law No. 44-FZ.
It must be included in the contract calculation and justification of the price. Exception - procurement, in which you do not prepare the rationale for the inability to carry out competitive procurement, namely, in cases of procurement from a single supplier (contractor, performer), 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.
With such transactions, the calculation and justification of the price is not necessarily incorporated into the contract. However, if you include, violations of the law will not be part 4 of article 93 of Law No. 44-FZ and the decisions of the arbitration court of the Lipetsk region of 08/31/2016 No. A36-2054 / 2016.
Calculate and justify the price The Customer is obliged when the schedule forms a schedule, so the calculation and justification must be prepared, even if there is no obligation to include information in the contract. (paragraph 1 of Part 3 of Article 18 of the Law No. 44-FZ and the Blow of the Ministry of Economic Development of 11.02.2017 No. D28I-142 and 04/26/2017 No. D28I-1859)

4. Preparation of the Report - Justification

To purchase goods, work, services at the only supplier, the customer must substantiate in the report:

• the impossibility or inappropreciation of other procurement methods;
• contract price;
• other essential contract conditions.

Report-rationale Forming not with all transactions with the eradicator.

Report-justification is needed	Paragraphs 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
Report-justification is not needed	Paragraphs 1, 2, 4, 5, 7, 8, 15, 16, 19-21, 24-26, 28, 29, 33, 36, 42, 44, 45, 47, 48, 50-54 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 control authority

When there was no competitive purchase and conclude a contract with the only supplier, agree on the transaction with the control authority. Contract with the only supplier on the basis of the failed closed procurement agree in any case. To coordinate the transaction with the only supplier according to the results of open procurement, always, except for the three exceptions:

• the autonomous institution is procured under part 4 of Article 15 of Law No. 44-FZ;
• jurlso is procured under Part 5 of Article 15 of Law No. 44-FZ;
• the quotations request did not take place.

Contracts with the only suppliers according to the results of electronic purchases are not needed. (paragraph 24-25.3 of Part 1 of Article 93 of Law No. 44-FZ)

6. Publishing notifications

When purchasing a single supplier, publish a notice to EIS. The duty is provided for only under transactions under paragraphs 1-3, 6-8, 11-14, 16-19 of part 1 of article 93 of Law No. 44-FZ. When purchases on other grounds, notice is not necessary.
Mandatory information is indicated in the notice:

Information about the customer	Name, location, postal address. Phone number and e-mail. Responsible officer
Conditions of a contract	Name and description of the procurement object. The number and place of delivery of goods (when purchasing goods). The place where the counterparty will work or provide services (when purchasing work or services). Dates in which the counterparty is obliged to deliver goods or complete the work, or the service schedule. Contract price. Source of financing
Restrictions	Procurement restrictions only among SMP and Sono
Providing contract	The size of ensuring the execution of the contract. The order in which the counterparty will provide provision. Requirements for the provision. Enable information in the notice, if provided for the contract
Banking accompaniment	Write information about the bank support or specify that banking support is not provided

Place a notice to EIS needs at least five calendar days before the date when you conclude a contract. When purchasing with Gostayina, it is not necessary to publish the notice. The requirement to publish together with the notice of the draft contract with the only supplier in Law No. 44-FZ is not established. (paragraph 1, 2, 4, 8 of Article 42 and in part 2 of Article 93 of Law No. 44-FZ)
If you violate the period of publishing notice for one working day, a contract service worker will pay a fine of 3000 rubles, the organization is 10,000 rubles. When violating more than one working day, a fine for an official - 15,000 rubles, for organization - 50,000 rubles. If you violate the procedure for publishing notice, the penalty will also be 15,000 and 50,000 rubles. Punishment is provided for by parts 1.2-1.4 of Article 7.30 of the Administrative Code. In addition, controllers may be fined for violation of the terms of contract conclusion.

7. Conclusion of the contract

Conclude a contract with a person in terms of schedule. In this case, follow the restrictions that are listed in the table.

Happening	Term to conclude a contract
	Not earlier than five calendar days from the date of publishing notice
No electronic purchase took place	Not earlier than 10 calendar days from the date, when the final protocols of electronic contests or auction were published in Eis. When requesting quotations and requests for proposals, seven calendar days
Receive the coordination of the FAS to the transaction with the eradicator according to the results of the failed closed purchase or open paper purchases	No later than 20 calendar days from the date when they received coordination
Open paper Purchase has not taken place and the transaction with the eradicator does not need to be coordinated (except for requesting quotes)	Not later than 20 calendar days from the date of publication of the Protocol on the failed competitive purchase
Not a request for quotations	Not earlier than seven calendar days from the date, when we placed in the EIS protocol of consideration and evaluation of applications, and no later than 20 calendar days from the date when they signed this protocol

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 violation of the deadlines, the responsible employee will pay a fine of 50,000 rubles. In terms of part 3 of Article 7.32 of the Administrative Code.

8. FAS notification

If a contract with the only supplier under paragraphs 6, 9, 34 or 50 of Article 93 of Law No. 44-FZ reported, report this to the procurement control body. To do this, send a notification to one of the organizations:

• FAS - in procurement for federal needs;
• the control body in the field of governmentality - when procurement under the GOZ;
• the executive authority of the subject of the Russian Federation, which controls the procurement - when procurement for regional needs;
• the local government body that controls the procurement is when purchasing municipal needs.

To the notification, attach a copy of the contract and the rationale for its conclusion. Direct documents to the control authority no later than one working day from the date of the contract. Such rules are established in part 2 of Article 93 of Law No. 44-FZ.
If you do not direct the documents to controllers in time, the employee of the contract service is fined to 15,000 rubles, and the organization is 100 00 rubles. In terms of part 1 of article 19.7.2, the Administrative Code.

Purchase at the only supplier - Non-competitive way to determine the winner. That is, the customer can buy from a particular seller, without trading.

The share of purchases at the only supplier invariably occupies second place and is a quarter of all forms of procurement. The average contract price in 2017 amounted to 1.57 million rublesthat is 22.85% more than the same indicator of 2016

The number of published procurement notices at the only potner has complied 416 522 pcsthat is almost equal to the previous year.

Justification of procurement at the only supplier

The customer cannot conclude a contract with the only supplier when he wants. Procurement legislation establishes a certain framework.

44-ФЗ demands from the customer:

Agree on the conclusion of a contract with the only supplier with the executive authority;

Substantiate in a documented statement the inability or inappropriateness of the use of other methods of determination, as well as the price of the contract and other essential terms of the contract;

Notify the FAS to conclude a contract with the only performer;

In 223-ФЗ restrictions less. From July 1, 2018 For the procurement of the only supplier, it suffices to include information into the plan and send them to the register of contracts. In the procurement position, you need to indicate an exhaustive list of cases of such a procedure.

Procurement cases at the only supplier

Such purchases are implemented in two versions:

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

customers accept a proposal from a certain contractor to conclude a contract.

Purchase from the only supplier of 44-ФЗ

According to the statistics of the Ministry of Finance, in the first half of 2018, 440 thousand notices of procurement at a single supplier were published in EIS. This is the second most popular way. On the first only electronic auction.

All cases where can be concluded with the only supplier, are listed in part 1 of article 24 44-ФЗ. In total there are 52 points. We present a reduced and a slightly generic list of such cases:

Activities of the subjects of natural monopolies

Decree or disposal of the president or government

Recognition of the provider's definition with a competitive procedure failed

Mobilization

Purchase up to 100 thousand rubles.

Purchases of the state or municipal cultural institution

Purchase of scenery, costumes, theatrical details

Tickets to theater, Zoo, Circus, Tour Tickets

Event organisation

Supply of cultural property

Folk art fishery

Teachers or guided services

Works that can only be executed by the executive authority

Armament and military equipment

In case of accident, emergency

Products and services from enterprise UIS

Providing visits of heads of foreign countries

Ensuring the activities of state protection facilities

Managing an apartment house

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

Repair of non-residential premises

Direction of employee on a business trip

Purchase of drugs in the presence of medical testimony or by decision of the Medical Commission

Purchase and sale of electrical energy with a guarantee supplier

Purchases CIK

Equipment for innovative sites

Bank guarantee for the budget institution

Means of reconnaissance activities for foreign intelligence

Means of counterintelligence activities for the FSB

Collection and processing of primary statistical data

Database information

Procurement related to operational search activities

Military shipments

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

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

Protection of the interests of the Russian Federation in foreign and international courts and arbitrations

The executive authority is treated abroad

Implementation of state security

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

Purchase at the only supplier of 223-ФЗ

The Ministry of Finance report reports that in the first half of 2018, procurement was carried out by customers using 2,092 methods for determining the supplier. 95% of non-competitive purchases, of which the share of procurement at the only supplier is 42%.

Why do customers like this way? 223-FZ does not contain specific restrictions on the use of procurement at a single supplier. Article 3.6, regulating this procedure specifically, appeared on July 1, 2018. She says:

The procedure for the preparation and implementation of procurement at a single supplier and an exhaustive list of cases of such procurement are established by the Procurement Regulations.

Crushing and purchase at the only supplier

According to Part 15 of Article 4 223-FZ, EIS does not need to postpone procurement notices up to 100 thousand rubles. And if the annual revenue of the customer for the reporting fiscal year is more than 5 billion rubles. - "Border" decreases to 500 thousand rubles.

Theoretically, it turns out that the customer can establish a pricing threshold for the procurement of a single supplier who coincides with the threshold for small purchases and not publish a notice in EIS. In practice, such a phenomenon was born as crushing purchases.

Customers split large tenders for minor purchases and spend them in a few months. Sometimes it is justified deadlines. Such a purchase passes faster. But sometimes crushing is a sign of "rollback." That is, the customer wants to give procurement to a specific supplier, in the maximum secretion.

If the participant believes that the customer wrongfully chose the procurement at a single supplier - it has the right to file a complaint against the FAS.

Ltd ICR"RUSENDDER"

Material is the property site. Any use of an article without an indication of the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation