Purchasing from a single supplier and the status of “single supplier. What is the procedure for purchasing from a single supplier

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senior specialist of the educational and methodological department training center Associations of electronic trading platforms

Purchases from sole supplier are attractive to customers by the relative simplicity of their procedure, but often difficulties arise in the course of their organization and implementation. , senior specialist of the educational and methodological department of the Training Center of the Association of Electronic Trading Platforms, will answer the most pressing questions of our readers.

In 2013, we signed a contract for the current year in accordance with the rules of the previous 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 an agreement with a single supplier for up to 100 thousand rubles. (clause 4, part 1, article 93 of the Federal Law of April 5, 2013 No. 44-FZ ""), or will this be recognized as an artificial splitting of the purchase and we need to conduct tenders using competitive methods for determining the supplier?

KGBUZ Birilyusskaya RB

Yes, you can. Customers have the right to conclude contracts 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 make on the basis of the specified clause should not exceed 2 million rubles. or should not exceed 5% of the total annual purchases of the customer and should not exceed 50 million rubles. At the same time, when concluding such contracts, it is not required to draw up a report on the impossibility and inappropriateness of using another type of procurement ().

The norm on the purchase of goods for an amount not exceeding 100 thousand rubles does not establish specific cases of its application. In other words, this rule also 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 objects of procurement, regardless of which contracts and according to the rules of which law you concluded earlier.

Two bids were submitted for participation in the electronic auction, and based on the results of consideration of their first parts, both bids were admitted to participate in the auction. Based on the results of studying the second parts of the bids, 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. Do we have to coordinate the conclusion of this contract with the control body?

Slinkina L.V.

The customer's request for approval of the conclusion of the contract must be sent to the control body within 10 days from the date of placement in the unified information system (and before its creation - on the Unified Public Procurement Portal) of the protocols containing information on the recognition of the supplier's determination as invalid.

The conditions for concluding a 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 price should not exceed the initial (maximum) price of the contract; the contract price indicated by the relevant participant in the application or proposed by him during the electronic auction.

Municipal Implementation Agreement construction works the obligation of the customer to conduct construction control and the obligation of the contractor to compensate the customer's costs for building control. Is it possible to conclude a tripartite agreement for the amount of up to 100 thousand rubles, according to which the municipal customer, under the contract for the implementation of construction work, concludes an agreement on construction control 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 Russian Federation, a subject of the federation (state contract), a municipality (municipal contract) by a state or municipal customer to meet state or municipal needs, respectively (). An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. The rules on bilateral and multilateral transactions provided for in () apply to contracts.

Since the state (municipal) contract is a kind 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 purchases?

It all depends on how the trip is organized. If, when sending an employee on a business trip, you entered into a contract with a single supplier (), then such a purchase is included in the calculation of the total annual purchase volume. It's about on providing the employee with travel to the place of a business trip and back, hiring a dwelling, transport services, and providing food. Information about the procurement made in accordance with this norm 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 compensates him for travel, accommodation and meals, a different rule applies. Reimbursement to an employee, according to the rules of labor legislation, of travel expenses in cash is not a purchase and, accordingly, is not subject to inclusion in the procurement plan and in the total annual volume of purchases. This position has been confirmed.

Drivers of a motor transport company 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 the costs for cash at the nearest car service, can these costs be formalized as a purchase from a single supplier in the future?

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

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

The customer can purchase spare parts for a company car by concluding an agreement 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 any special requirements?

Fatyushin Alexander Anatolievich

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 from a single supplier (5% of the total annual purchases or 2 million rubles).

Thus, if your total annual volume of purchases does not exceed 2 million rubles, you have the right to make all your purchases from a single supplier on the basis of this clause. At the same time, the cost of each contract should not exceed 100 thousand rubles.

Is the amount of the contract of sale included? electrical energy with a supplier of last resort, concluded in accordance with, in the total annual volume of purchases?

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, so consider general rule and an exception applied to calculate the total annual volume of purchases from small businesses and socially oriented non-profit organizations.

The total annual volume of purchases is understood as the total amount of financial security approved for the corresponding financial year for the purchase by the customer, including for the payment of contracts concluded before the beginning of the specified financial year and payable in the specified fiscal year(). The cumulative annual volume of purchases is calculated to resolve the issue of the need to create contract service, vendor identification and other purposes. Thus, as a general rule, all purchases of the customer are included in the total annual purchases, regardless of the basis on which the contract is concluded.

However, if you are calculating the volume of purchases that the customer is required to make, providing benefits to small businesses and socially oriented non-profit organizations in accordance with (exception), a different calculation of the annual total purchases applies.

Let me remind you that customers are required to purchase from small businesses, socially oriented non-profit organizations in the amount of at least 15% of the total annual volume of purchases, calculated taking into account, through competitive procedures (electronic auctions, competitions, requests for quotations and requests for proposals). At the same time, the following purchases are not included in the calculation of the total annual volume of purchases:

to ensure the defense of the country and the security of the state;
lending services;
from a single supplier (contractor, performer) in accordance with;
works in the field of the use of atomic energy;
in the implementation of which apply closed ways definitions of suppliers, contractors, performers ().

Thus, if you determine the total annual volume of purchases from small businesses or socially oriented non-profit organizations, then such calculation does not include purchases made from a single supplier (including purchases of electricity from a supplier of last resort). 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 conducted an auction in accordance with the Federal Law of July 21, 2005 No. 94-FZ "" in force at that time for the purchase of automotive parts. The winner was a supplier from another city, with whom we signed a contract. However, it turned out to be not very convenient to work with him due to long distance between our cities. Currently, we have the opportunity to conclude an agreement for the purchase of spare parts in the amount of up to 100 thousand rubles. with a local supplier. Do we have the right to do this without terminating the contract with the first supplier?

KGBUZ Birilyusskaya RB

Yes, you can. The customer has the right to purchase goods, works or services for an amount not exceeding 100 thousand rubles. (). At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause should not exceed 2 million rubles. or 5% of the total annual volume of purchases of the customer and should not exceed 50 million rubles. It should be noted that the range of goods, works or services that the customer has the right to purchase on the basis of this clause has not been established. Also, the right to conclude a contract with a single supplier is not limited in the presence of earlier contracts with a similar subject, the execution of which has not been completed.

Thus, you can purchase spare parts for up to 100 thousand rubles, if the annual limit on purchases from a single supplier established by this paragraph 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 none of the sellers has all the necessary pieces of furniture in stock. Can we purchase furniture from different suppliers with contracts up to 100 thousand rubles. (that is, split 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 procurement object (). Let me remind you that according to this paragraph, 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 purchases and no more than 50 million rubles.

Our Orphanage for mentally retarded children is an institution of social protection of the population, but is licensed to provide educational services. In state orphanage there are educators and teachers, training sessions are held with children. Do we have the right to conclude contracts with a single supplier up to 400 thousand rubles. as an educational organization, referring to ?

Tatiana Tveritina

Federal Law of December 29, 2012 No. 273-FZ "" (hereinafter referred to as the law on education) separates the concepts of "educational organization" and "organization providing training." The educational organization is non-profit organization carrying out educational activities on the basis of a license as the main type of activity in accordance with the goals for the achievement of which such an organization was created (). The training organization is entity carrying out, on the basis of a license, along with the main activity, educational as additional view 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, the orphanage, for which educational activities not primary, cannot be recognized educational organization, and therefore is not entitled to purchase on the basis of .

However, for such an organization, it is possible to conclude contracts with a single supplier on the basis of an amount not exceeding 100 thousand rubles.

Do you have any questions? We are waiting for your letters to E-mail: .

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

What is a purchase from a single supplier(contractor, performer)? This is a direct issuance of a contract. Or in other words, a non-competitive way of purchasing. By this method the customer proposes to conclude a contract to a specific legal or natural person. Purchasing from a single supplier is a right, not an obligation, of the customer. The list of cases in which the purchase can be carried out from a single supplier is established in Part 1 of Art. 93 of Law N 44-FZ. In the list (including recent changes dated July 13, 2015, 45 cases of purchase from a single supplier are provided. Moreover, in most cases, the decision is made by the customer and, without agreement and notification, concludes a contract. But in some cases, notification or approval of the control body in the procurement system is necessary.

Purchasing from a single supplier is not just a contract, but a procurement procedure that requires the customer to conduct activities and prepare required documents within the time limits established by law. It is necessary to carefully study articles 93-96, but especially pay 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 (applying which cases of procurement referred to in paragraph 1, article 93), the customer is obliged:

· give notice of purchase from a single supplier;

· install ;

· notify the control body of the procurement;

· coordinate the implementation of the procurement with the control body;

· involve when accepting products.

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

1. An order (or other document) on the purchase from a single supplier (before the notice is posted and the contract is concluded).

2. Calculation and justification of the contract price.

3. Report with the rationale for concluding a contract and the inappropriateness of competitive procurement methods (before placing a notice and concluding a contract).

4. Development of a draft contract (before placing a notice and concluding a contract).

5. Notification of the purchase from a single supplier (at least 5 days before the conclusion of the contract).

6. Application for approval of the conclusion of a contract with a single supplier (before the conclusion of the contract, in cases of procurement provided for in clauses 24 and 25, part 1, article 93). In other words, when the procedure for competitive procurement methods (tender, auction, request for quotations, 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 agreeing on the possibility of concluding a contract with a single supplier was approved by Order of the Ministry of Economic Development of the Russian Federation of September 13, 2013 No. 537. This Order defines what an appeal for approval should contain and where it should be sent. The term for consideration of the appeal (no more than 10 working days) and the reasons for the refusal to agree are also established.

7.Signing of the contract after the provision of the contract security document. The customer is obliged to establish the requirement to secure the performance of the contract in the cases specified in part 2, article 96.

Let's take a step-by-step look at what is needed to conclude a contract with a single supplier under 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 the supplier or contractor.
The customer has the right to conclude a contract with a single supplier only on the grounds provided for in part 1 of article 93 of Law No. 44-FZ. Before signing a contract, regardless of the chosen paragraph of Article 93 of Federal Law 44, purchases must be included in the procurement plan and schedule plan.

In what cases the customer has the right to conclude a contract with a single supplier?

Concluding 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 purchase has not taken place and there is one application that meets the requirements of the documentation, the customer is obliged to conclude a contract with a single supplier. The position is confirmed by the Ministry of Finance in a letter of September 12, 2017 No. 24-02-08 / 58934 and the Ministry of Economic Development in a letter of March 31, 2017 No. OG-D28-4021

How to purchase from a single supplier?

1. Inclusion of purchases in the procurement plan and in the schedule

A single rule for all purchases under Federal Law 44: you cannot make purchases that have not been included in the procurement plan and schedule. This rule applies, among other things, 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, a contract service employee or contract manager will pay a fine of 30,000 rubles. Punishment is provided for by part 1.6 of Article 7.30 of the Code of Administrative Offenses.
There are special purchases 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 form of the schedule from Government Decree No. 553 dated 05.06.2015 and in subparagraph "a" of paragraph 2 of the Requirements for the form of the schedule, which the Government approved by Resolution No. 554 dated 05.06.2015).
Such 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 :

medicinal products purchased in accordance with Clause 7 of Part 2 of Article 83 of the Federal Law;
goods, works or services in an amount not exceeding 100 thousand rubles (paragraph 4 of part 1 of article 93 of the Federal Law 44);
goods, works or services in an amount not exceeding 400 thousand rubles (clause 5 of part 1 of article 93 of the Federal Law 44);
services related to sending an employee on a business trip (paragraph 26 of part 1 of article 93 of the Federal Law 44), as well as participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events;
teaching services provided individuals;
services of a guide (guide) provided by individuals;
services for the maintenance and repair of one or more non-residential premises transferred for gratuitous use or operational management to the customer, services for water, heat, gas and energy supply, security services, services for the removal of household waste if such services are provided to another person or other persons using non-residential premises located in the building in which the premises transferred to the customer for free use or operational management are located;
work related to the collection and processing of primary statistical data during the federal statistical observation 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 the Federal Law 44);
services for granting 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 the Federal Law 44);

Deadline for making changes to the procurement plan and plan - schedule

It also has its own peculiarities for purchasing from a single supplier. Since July 2018, the period of 10 calendar days for purchases from a single supplier has been canceled and a new one has been established. From July 01, 2018, change the procurement schedule from a single supplier, at least one calendar day before you publish a procurement notice. At the same time, publish a notice no earlier than the day when you post the amended schedule in the EIS.
Law No. 44-FZ does not specify when to make changes to the schedule if it is not necessary to publish a notice of purchase from a single supplier. In this case, it is better to use the general rule to make changes 10 calendar days before you conclude the contract, and not one calendar day. The exception is procurement under clauses 9 and 28 of part 1 of Article 93 of Law No. 44-FZ, when changes are made one day before the conclusion of the contract, in accordance with clauses 9 and 10 of the Rules from Resolution No. 553, clauses 11 and 12 of the Requirements from Resolution No. 554.

2. Calculation of the contract price with a single supplier

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

market analysis method;
normative method;
tariff method;
design estimate method;
costly method.

The customer has the right to apply other methods for calculating the price of the contract with the supplier, if the listed methods cannot be used. In this case, in the justification of the price, include the justification for the impossibility to apply the main methods, according to parts 1 and 12 of Article 22 of Law No. 44-FZ and in the letter of the Ministry of Economic Development dated 13.10.2014 No. OG-D28-7883.
E If you choose the wrong method of calculating the NMTsK, a contract service employee will pay a fine of 20,000 to 50,000 rubles. under part 1 of Article 7.29.3 of the Code of Administrative Offenses.

3. Drafting a contract

When drawing up a 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;
contract execution schedule, even if the contract is concluded for a period of more than three years and the price is more than 100 million rubles;
the procedure and term for payment for goods, work or services, the procedure and term for acceptance;
the condition that you reduce the price of the 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 obliged to use standard contracts.
The above exceptions are valid only for 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- FZ.
When purchasing from a single supplier for other reasons, include all essential conditions, in accordance with Part 15 of Article 34 of Law No. 44-FZ.
It is imperative to include in the contract the calculation and justification of the price. An exception is procurement in which you do not prepare a justification for the impossibility of conducting a 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.
In such transactions, it is not necessary to include the calculation and justification of the price 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 forms the schedule, so 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 Law No. 44-FZ and letter of the Ministry of Economic Development of February 11, 2017 No. D28i-142 and of April 26, 2017 No. D28i-1859)

4. Preparation of a report - justification

In order to purchase goods, works, services from a single supplier, the customer must justify in the report:

impossibility or inexpediency of other methods of procurement;
contract price;
other essential terms of the contract.

A justification report is not generated for all transactions with a single supplier.

Justification report 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
Justification report 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 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 control body

When a competitive purchase did not take place and you conclude a contract with a single supplier, coordinate the deal with the control body. In any case, agree on a contract with a single supplier based on the results of a failed closed purchase. It is also always necessary to agree on a deal with a single supplier based on the results of an open procurement, with the exception of three exceptions:

an autonomous institution conducts procurement under part 4 of article 15 of Law No. 44-FZ;
a legal entity conducts a procurement under part 5 of article 15 of Law No. 44-FZ;
request for quotation failed.

Contracts with single suppliers based on the results of e-procurement do not need to be approved. (clause 24-25.3 of part 1 of article 93 of Law No. 44-FZ)

6. Publication of notice

When purchasing from a single supplier, publish a notice in the EIS. 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. For purchases 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 procuring works or services). The terms in which the counterparty is obliged to deliver the goods or complete the work, or the schedule of services. Contract price. Source of financing
Restrictions	Purchase restrictions only among the NSR and SONO
Securing a contract	The amount of security for the performance of the contract. The order in which the counterparty provides collateral. Security requirements. Include information in the notice if you 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

It is necessary to place a notice in the EIS at least five calendar days before the date when you conclude the contract. When purchasing with a state secret, it is not necessary 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. (paragraphs 1, 2, 4, 8 of article 42 and in part 2 of article 93 of Law No. 44-FZ)
If you violate the deadline for publishing a notice by one working day, a contract service employee will pay a fine of 3,000 rubles, an organization - 10,000 rubles. In case of violation of more than one working day, a fine for an official is 15,000 rubles, for an organization - 50,000 rubles. If you violate the procedure for publishing a notice, the fine 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 Code of Administrative Offenses. In addition, controllers can be fined for violating the terms of the contract.

7. Conclusion of the contract

Conclude a contract with the supplier on time according to the schedule. At the same time, 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-purchase failed	Not earlier than 10 calendar days from the date when the final protocols of electronic competitions or auctions were published in the EIS. When requesting quotations and requesting proposals, the period is seven calendar days
Obtained FAS approval for a deal with a single supplier based on the results of a failed closed purchase or an open paper purchase	Not later than 20 calendar days from the date on which the approval was received
An open paper purchase did not take place and the deal with the supplier does not need to be approved (except for a request for quotations)	Not later than 20 calendar days from the date of publication of the protocol on the failed competitive procurement
Request for quotation failed	Not earlier than seven calendar days from the date when the protocol for consideration and evaluation of applications was posted in the EIS, and not later than 20 calendar days from the date when this protocol was signed

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 violation of the deadlines, the responsible employee will pay a fine of 50,000 rubles. under 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 under paragraphs 6, 9, 34 or 50 of part 1 of Article 93 of Law No. 44-FZ, inform the procurement control body about this. To do this, send a notification to one of the organizations:

FAS - when purchasing for federal needs;
the control body in the field of state defense orders - for purchases under the state defense order;
the executive authority of the constituent entity of the Russian Federation that controls procurement - in procurement for regional needs;
the local self-government body that controls purchases - when purchasing for municipal needs.

Attach a copy of the contract and the rationale for its conclusion to the notification. Send the documents to the control body no later than one working 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 on time, the contract service worker will be fined 15,000 rubles, and the organization - 100,00 rubles. under 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 procedure for concluding a contract will change, what both government customers and participants should prepare for.

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

Purchasing notice is a thing of the past

The bill establishes that the customer will stop placing a notice of public procurement from a single supplier due to the redundant nature of this procedure. The new rules will apply to purchases on the basis of clauses 1-3, 6-8, 11-14, 16-19 of Part 1 of Article 93 of the 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 choose the contractor, he only makes demands that the future contractor must satisfy. This approach allows us to provide 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”.

Modern procurement legislation provides for several types of procedures in this area. One of them is the ability to sign a contract with a single supplier by purchasing 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 amounts necessary for the normal implementation of production economic activity enterprises.

Properly organized procurement allows not only to get the right amount of goods at the right time, but also to influence the supplier or manufacturer. Such influence allows improving the quality of the supplied products, as well as constantly updating and expanding the range of its products, which ultimately increases the competitiveness of the enterprise and satisfies consumer demand to the maximum.

Legislative and regulatory framework

The main legislative acts in the field of the issues under study are the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated April 5, 2013 No. 44-FZ and the Federal Law "On the procurement of goods, works, services by certain types of legal entities » of July 18, 2011 No. 223-FZ.

The table shows comparative characteristics two laws.

Application of 44-FZ

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

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

In some cases, purchases are allowed large sum for example, purchasing from a single supplier to provide orphans with everything they need. In such a situation, the amount of contracts can reach up to 400 thousand rubles. Options that involve purchasing 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 tells you what purchases to make. But the buyer is obliged to inform the controlled body and coordinate the list with it. At the same time, the one who makes the purchase is forced to purchase goods at the declared prices of the seller without a possible reduction and on its terms, this is a big minus for the client, since 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-FZ can reach a maximum of no more than two million rubles a year, or five percent of all customer purchases, but no more than fifty million rubles.

Application of 223-FZ

The federal law 223-FZ has a similar concept. The initiative can come from both the client and the seller. The rules for such a purchase are made 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 person that supplies goods or services to customers.

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

Defining the concept of purchasing from a single supplier

Purchasing from one 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 without involving other bidders.

It is worth noting that purchasing from a single supplier is a right and not a responsibility of the customer. The only exceptions are purchases where competitive procedures in 44-FZ fail. Purchasing from a single supplier attracts customers with its relative ease and low time investment.

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 high costs labor and time;
short time purchases;
the client contacts a supplier who can fulfill the guaranteed contract;
almost impossible to suspend the contract;
to conclude a contract with one supplier, the latter does not need to use a large amount of human resources.

Disadvantages of this form of procurement

They include:

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

Implementation of procurement procedures under 44-FZ

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

It is not possible to purchase products from one supplier unless such purchase is listed in the list of cases established by this law. A list of cases in which a purchase can be made from a single supplier under 44-FZ is given in Part 1 of Art. 93.

This list currently includes 45 such purchases.

Let's single out the main groups:

if the competitive procedures did not take place;
during the construction of facilities, their repair, maintenance;
purchases in the field of cultural destinations, sports and education;
procurement in the field of medicine and emergency response;
purchase of services in the field of utilities, electricity and heat services;
purchases from natural monopolies;
purchases in the region government controlled and defense;
and other cases where purchases may be made from a single supplier.

The client decides to conclude a contract with one supplier without any approval from the supervisory authority. Sometimes such coordination and notification is necessary.

Organization of purchases under 223-FZ

Buying from one supplier under 223-FZ is also sometimes called direct.

Depending on the initiative side, purchases from one supplier can be carried out by communicating the possibility of concluding a contract with the 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 regulations - a document that regulates all activities for the purchase of goods.

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

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

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

Reporting on purchases from a single supplier is distributed in a separate section as part of the overall 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 in terms of its content it can have exactly the same form and content as a regular supply contract. Article 34 of 44-FZ specifies that the content of the contract must comply with the provisions of the Civil Code of the Russian Federation. Some sections may be skipped.

For example, it is possible not to note the responsibility of the parties to each other, the rules for calculating and paying fines. You can not indicate 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 a 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 will only define a general algorithm.

The client chooses the company with which he signs the contract and agrees to the terms of the purchase and the text of the agreement (contract).
The notification is placed by the buyer in the system (unified information system), five more days remain before the signing of the contract.
The buyer has one day after signing the contract to notify the supervisory authority of the forthcoming purchases.

All non-competitive procurement practices are subject to close scrutiny by regulators and this should be taken into account when drafting documents.

There is no algorithm for assessing how legal it is to enter into a contract with a single supplier. It all depends on the staff of the supervisory authority and on the reasoning behind the need for procurement. Because attention to such procurement methods is increasing. The correct justification of a single supplier and its prices will greatly simplify life not only for the client, but also for the customer.

Step-by-step instruction

Step-by-step instruction for purchasing from a single supplier (SP) is the following.

Stage 1. Preparation for the purchase in this way.

Step No. 1. Preparation of an Order (or other document) for the implementation of purchases from one supplier.
Step No. 2. Preparation of a justification for the compliance of the EP with the requirements of the 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 number 4. Development and approval of the draft contract.
Step number 5. Calculation and justification of the purchase from a single supplier and the price of the contract.
Step No. 6. Preparation of a report confirming the conclusion of an agreement with the EP and the inexpediency of conducting competitive procurement procedures (before the notice is posted and the agreement is concluded).
Step No. 7. Entering a notice of purchase from the EP into the unified reference system.

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

Step #8: Apply to the regulator for approval of the transaction through a notice of a single supplier.
Step No. 9. Signing the contract after the supplier has submitted a document to ensure the performance of the contract.

Stage 4. Notification of the supervisory authority about the contract with the EP.

Step No. 10. Submission of a notice (with a copy of the concluded contract and the rationale for its conclusion) to the control body.

Stage 5. Acceptance of goods.

Step number 11. Involvement of independent experts.

Contract price calculation

market analysis method;
normative way;
tariff method;
method of design and evaluation;
costly method.

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

Coordination of purchase with the control body

When a competitive purchase does not take place and a contract is concluded with one supplier, coordination with a higher control body is necessary.

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

an autonomous organization makes purchases in accordance with subsection 4 of article 15 of Law No. 44-FZ;
a legal entity makes purchases in accordance with part 5 of article 15 of Law No. 44-FZ;
request for quotation failed.

Contracts with single suppliers resulting from e-procurement do not need to be coordinated.

Notice must be sent to the following organizations:

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

It is necessary to attach a copy of the contract and the rationale for the purchase from a single supplier to the notification. Documents must be sent to the control authority no later than one working day from the date of conclusion of the contract. Otherwise, an employee of the contract service 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 of processing contracts (in 2017, almost half of all transactions were carried out in this way), the legislation constantly monitors the execution of contracts, improving them from time to time.

New rule changes in the near future will take place as follows:

There is no need to post a notice of procurement from the EP. A special schedule-plan will be formed in advance, indicating such information;
The obligation of bidding organizers to justify the impossibility of making purchases in a competitive form is eliminated;
Eliminates the need for external expertise for government contracts;
Cases of coordination with the FAS will be necessary only in the course of certain methods for determining the supplier;
New guarantees of the supplier's obligations will be introduced;
The customer will have the right to conclude a state contract with the participant of the second issue in a situation where the contract with the first issue is terminated;
Previously, the customer had the right to conclude a lease agreement for the following objects: buildings, structures, structures. Now such an object as a land plot has been added to this list.

Conclusion

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

conscientiously 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's look at a few important points..

First, buying from the EP is a very attractive form of purchasing for customers, although it requires more attention from regulators.
Secondly, you need to carefully read articles 93-96 of 44-FZ in order to understand whether these goods are bought in this way or not.
Thirdly, if a company plans to participate in procurement under 223-FZ, it is necessary to investigate the provisions on the procurement of the client, in the procedure of which he will participate.
Fourthly, to fully and timely fulfill the undertaken obligations to customers under the concluded contracts.