What is the procedure for purchasing from a single supplier. Purchasing from a single supplier: implementation procedure

Purchases from sole supplier- This is the second most popular way to determine the 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 have to 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.

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. According to this method, the customer proposes to conclude a contract with a specific legal or to an individual. 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 notice 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 the application 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.

The topic of the article is directly related to such a phenomenon in public procurement as purchasing from a single supplier. It is worth paying attention to the fact that this species procurement is very, very popular among customers, since the procurement procedure itself is virtually absent, the customer concludes a contract with the supplier directly without a selection procedure. Supplier should not ignore this way procurement, you need to carefully understand all the features and nuances in order to bypass competitors and get the status of "sole supplier" from some of the customers. But even such a procedure as purchasing from a single supplier has its own characteristics, which we will analyze in detail in this article.

1. The concept of "sole supplier"

Before we begin to understand the features of the procedure called "purchase from a single supplier", we will define the terminology and analyze who a single supplier is.

The only supplier is the contract executor, who is selected by the customer without a procurement procedure. Thus, the only supplier is the contract executor, who, according to the customer, is able to fulfill the contract with the required quality, at the right time.

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

2. The concept of "purchase from a single supplier"

Purchasing from a single supplier is a method of determining a supplier for the performance of a contract that does not imply a formalized competitive selection.

At its core, purchasing from a single supplier is an exception to the contract system, which is not specific. As conceived by the legislators of the contract system, this method of procurement was added just in case of a “fire” case and this procurement should not be used by customers without special need, but as practice shows, procurement from a single supplier is one of the most popular ways to determine the contract executor and ranks second among all procurements by 44-FZ, and first place in 223-FZ. According to statistics for 2015, according to 44-FZ, the share of purchases from the EP is 21 percent, and within the framework of 223-FZ, 46 percent.

In other words, in corporate purchases carried out under 223-FZ, you, as a supplier, ignore almost half of all purchases that go to a single supplier, there are fewer such purchases under 44-FZ, but for sure one supplier should not ignore such purchases. The question to be asked is “how can one start getting such contracts and get the status of “single supplier” from customers?

3. Purchase from a single supplier under 44-FZ

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

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

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

Usually, the decision to conclude a contract with a single supplier is made by the customer without the consent of the supervisory authority. But there are exceptions to this practice.

Case #1: The closed procedure was declared invalid by the customer. In this situation, the customer decides to sign a contract with the EP. The customer must coordinate such a decision with the authorized body.

A failed purchase is recognized in cases where an application is submitted from only one supplier or several applications are submitted, but only one application is allowed.

Case #2: Request for quotations, open tender, limited participation tender, 2-stage tender, repeat tender or electronic auction are declared invalid. Exception: cases in accordance with 44-FZ article 15 part 4.5, article 71 part 1-3.1, article 79 part 1.3.

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

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

In some cases, the customer concludes a contract with the EP after notifying the regulatory authority. Let's consider these cases.

Case number 1. Procurement of works or services from the contractor, which can only be an executive body with appropriate powers or a subordinate unitary enterprise or institution.

Case number 2. Procurement of goods, works or services necessary to eliminate the consequences of an accident, other natural or man-made emergencies, or to provide urgent medical care. But there is one caveat: provided that the specified GWS are not included in the list approved by the Government of the Russian Federation necessary for the provision of humanitarian assistance or the elimination of emergencies, while the use of other methods of procurement is inappropriate due to the large time costs.

Case number 3. Request for proposals the subject of the contract is the provision of services for the treatment of a citizen of the Russian Federation outside the Russian Federation by a foreign organization for the treatment of a citizen Russian Federation outside the Russian Federation is declared invalid by the customer by the federal executive body. In this case, the customer notifies the supervisory authority no later than one working day from the date of conclusion of the contract, sending a copy of the signed contract from both parties and justifying the conclusion of the contract.

6. Advantages and disadvantages of purchasing from the EP

Benefits of buying from EP

• minimum time to conclude a contract
• proven supplier, in which the customer is confident
• no risk of disrupting the procurement procedure and, as a result, not concluding a contract on time

Negative aspects of purchasing from EP

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

7. Purchase from a single supplier under 223-FZ

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

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

In accordance with Article 2 of 223-FZ, the supplier independently, in his position, regulates the purchase from the EP. In addition, the customer has the right not to place purchases above 100,000 rubles in the EIS, and if the customer’s annual revenue does not exceed 5 billion rubles, then the customer also has the right not to place information on purchases over 500,000 rubles. If the purchase exceeds the specified limits, the customer places information about such contracts in the EIS (Unified Information System).

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

Consider the most popular cases of purchasing from the EP:

• low cost of GRU
• GWS are available only from a specific supplier
• the purchase was carried out earlier, but no applications were submitted (did not take place)
• tight deadlines for concluding a contract (accident, catastrophe, etc.)
• supplier owner of exclusive rights in relation to the supplied products

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

In conclusion, we have come to the main question that suppliers ask themselves. If there is such a huge number of contracts with a single supplier, the competition is almost zero, how do you get the opportunity to also receive contracts directly from the customer?

I will give a few practical advice and recommendations to help you start getting additional contracts without going through competitive procedures. First of all, you need to understand that ignoring purchases "directly" is a significant mistake. Moreover, a mistake that is made by many start-up companies that are trying to enter the state order market.

Firstly, be sure to analyze the purchases of customers. What do customers buy this moment what you bought earlier, but most importantly, analyze what customers will buy in the future. Analyze the schedules of customers in which they plan their purchasing activities. If you see that the customer indicated in the schedule that a purchase from a single supplier is planned in the near future, then it may be advisable to declare yourself and send a commercial offer that will be more advantageous in price than competitors? In any case, you have nothing to lose and much to gain.

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

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

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

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

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

The share of purchases from a single supplier consistently ranks second and accounts for a quarter of all forms of procurement. average price contract in 2017 amounted to RUB 1.57 mln, which is 22.85% more than in 2016.

The number of posted notices of procurement from a single supplier amounted to 416 522 pcs which is almost the same as the previous year.

Justification for purchasing from a single supplier

The customer cannot conclude a contract with a single supplier whenever he wants. The procurement legislation sets certain limits.

44-FZ requires the customer to:

Coordinate the conclusion of a contract with a single supplier with an executive authority;

Substantiate in a documented report the impossibility or inexpediency of using other methods of determination, as well as the price of the contract and other essential terms of the contract;

Notify the FAS about the conclusion of a contract with a single contractor;

There are fewer restrictions in 223-FZ. From July 1, 2018 years, when purchasing from a single supplier, it is enough to include information in the plan and send it to the Register of Contracts. In the procurement regulation, an exhaustive list of cases of such a procedure should be indicated.

Purchasing from a single supplier

Such purchases are implemented in two options:

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

customers accepts an offer from a certain contractor to conclude a contract.

Purchase from a single supplier under 44-FZ

According to the statistics of the Ministry of Finance, in the first half of 2018, 440,000 notices of procurement from a single supplier were published in the EIS. This is the second most popular method. On the first only electronic auction.

All cases when it is possible to conclude a contract with a single supplier are listed in Part 1 of Article 24 of the 44-FZ. There are 52 items in total. Here is an abbreviated and slightly generalized list of such cases:

Activities of subjects of natural monopolies

Decree or order of the President or Government

Recognition of the definition of the supplier in the competitive procedure as invalid

Mobilization

Purchase up to 100 thousand rubles.

Procurement of a state or municipal cultural institution

Purchase of scenery, costumes, theatrical props

Tickets to the theater, zoo, circus, excursion tickets

Event organisation

Supply of cultural property

Folk art crafts

Teaching or tour services

Works that can only be performed by the executive authority

Armament and military equipment

In the event of an accident, emergency

Goods and services from the UIS enterprise

Ensuring visits of heads of foreign states

Ensuring the activity of objects of state protection

Apartment building management

A constituent entity of the Russian Federation or a municipality buys or leases non-residential premises

Repair of non-residential premises

Sending an employee on a business trip

Purchase medicines if there are medical indications or by decision of the medical commission

Purchase and sale electrical energy with a guaranteed supplier

Procurement CEC

Equipment for innovative sites

Bank guarantee for a budgetary institution

Intelligence assets for foreign intelligence

Means of counterintelligence activities for the FSB

Collection and processing of primary statistical data

Database Information

Purchases related to operational-search activities

military transportation

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

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

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

The executive body is being treated abroad

Implementation of state protection

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

Purchase from a single supplier under 223-FZ

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

Why do customers love this method so much? 223-FZ does not contain specific restrictions on the use of procurement from a single supplier. Article 3.6, which specifically regulates this procedure, appeared on July 1, 2018. She says:

The procedure for the preparation and implementation of the purchase from a single supplier and an exhaustive list of cases of such a purchase are established by the regulation on the purchase.

Crushing and purchasing from a single supplier

According to part 15 of article 4 223-FZ, notices of purchases up to 100 thousand rubles do not need to be posted in the EIS. And if the annual revenue of the customer for the reporting financial year more than 5 billion rubles. - the "border" is reduced to 500 thousand rubles.

Theoretically, it turns out that the customer can set a price threshold for purchasing from a single supplier, coinciding with the threshold for small purchases, and not publish a notice in the EIS. In practice, such a phenomenon as the fragmentation of purchases was born.

Customers break large tenders into small purchases and carry them out over several months. Sometimes this is justified by the timing. Such a purchase is faster. But sometimes crushing is a sign of a “rollback.” That is, the customer wants to give the purchase to a specific supplier, in the most secretive environment.

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

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

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

1. Pros of buying from a single supplier

This procedure has undoubted advantages for both sides:

• short time procurement
• The customer turns to a supplier who can guarantee the fulfillment of the contract
• It is almost impossible to suspend the operation and signing of the contract
• 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 using purchases from a single supplier for 44 fz

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

3. Purchasing from a single supplier

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

• The customer chooses a company with which he concludes a contract and agrees on the terms of purchase and the text of the agreement (contract).
• The notice is placed by the buyer in the system (unified information system) and there are still five days left before the signing of the contract.
• In order to notify the control authority of the purchase, the buyer has one working day left after signing the contract, and one should not forget to provide a copy of it with justification for the need for the purchase and price.

All non-competitive procurement methods are under the close supervision of supervisory and regulatory authorities, and this must be taken into account when drawing up documents. There is no algorithm by which it is possible to assess how legitimate it is to conclude a contract with a single supplier. It all depends on the employees of the control body and on the rationale for the need for procurement. Since attention to such methods of procurement is increased, the correct justification of prices and the need to purchase from a single supplier will greatly simplify life not only for the customer, but also for the supplier.

4. Purchase from a single supplier under 223 FZ

AT there is also a concept. Sometimes it is also called direct purchase. The initiative can come from both the customer and the seller. The rules for such a purchase for 223 fz are prescribed in the procurement regulations of the customer. In certain cases (this is described in part 15 of article 4 223 fz), such purchases are not entered into the system. You can understand how such a purchase from a particular customer should take place by reading its Procurement Regulations (located on the public procurement website)

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

To conclude a contract with a single supplier, the customer must justify the feasibility of this purchase, as well as provide the reasonableness of the price and the method of its calculation. As a rule, the supplier who was contacted helps with the justification of the price. He makes a commercial offer. It is possible that the customer will contact more than one supplier with a request, and select an offer with a lower price.

6. Entrepreneur Support Center Partnership Program

If a supplier wants to conclude contracts by purchasing from a single supplier, he first needs to earn a reputation as a conscientious and responsible contractor. Have resources for fast and high-quality work or fast delivery of goods. Pay close attention to your pricing commercial offer for the customer. Familiarize yourself with articles 44 fz and 223 fz regarding this type of purchase. When working with 223 fz, it is also necessary to study the Provisions on Procurement of the Customer.

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

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