Purchasing from a single supplier: implementation procedure. Public procurement from a single supplier Public procurement from a single supplier

During the conduct economic activity Manufacturing and trading enterprises have to purchase materials, components and goods. Often the market is saturated with various competing sellers representing the same type of product, so buyers almost always have a choice.

Purchasing from a single supplier is an economic situation in which the customer offers to conclude a contract with a specific candidate.

The purpose of these actions, as a rule, is:

1. Planned product purchase.
2. An emergency solution to an unexpected problem.
3. Neutralization of the result of an unsuccessful or failed competitive event.

purpose and methods

A situation in which the customer is forced to cooperate with only one contractor approaches a phenomenon such as a “monopoly” with all its dangers and risks. Using a large number of different measures ( legislative acts, regulations, rules, sanctions) the state does its best to prevent this state of affairs. Purchasing a single supplier in itself, of course, is not a crime, but it is regulated by Law No. 223 “On Procurement” in order to prevent abuse and infringement of the rights of one of the participants in trade or partnership relations.

This law provides for the circumstances under which procurement of this type is permitted, the procedure for the subjects to act, a list of unscrupulous buyers and sellers, as well as documentation such transactions (including mandatory reports). Purchasing under 223-FZ from a single supplier is also regulated by other laws that describe similar procedures. Their effect applies to most situations in which participants in trading relations resort to non-competitive supplies. Along with the norms, these acts formulate cases that are regarded as exceptions.

Subjects of non-competitive procurement

First of all, the state determines who can be the customer (that is, who makes purchases under 223-FZ from a single supplier):

1. Those organizations whose activities relate to regulated types (related to the sphere of electricity supply, water supply and others).
2. Enterprises that are more than 50% owned by the state.
3. Natural monopolies (enterprises extracting and processing gas or oil).
4. Organizations that are financed from the budget, in the case when they plan to pay for the purchase with extra-budgetary funds (received grants, their own profits).

The contractor (supplier) is any legal or individual, including individual entrepreneurs.

Features of non-competitive procurement

Comparing purchasing from a single supplier with traditional business activities, you can see that it goes much faster and contains fewer steps.

This is explained by the absence of a complex procedure in which the customer selects participants to sign the contract. There is also no need to prepare the usual documentation.

However, sometimes purchases under 223-FZ from a single supplier must be justified, and the Federal Antimonopoly Service (FAS) must be informed about the consent of the parties. In addition, there is a list of situations that require the participation of an expert organization in the acceptance of goods.

As a rule, non-competitive procurement is carried out extremely quickly, but the transaction still goes through the stages of preparation.

The sequence of planning and implementation of such commodity relations is regulated by Law No. 44-FZ “On Procurement”. It describes the sequence of actions of government agencies that resort to procurement on a contract basis.

Controlling authorities have the right to verify the correctness of this type of procurement and, in case of violation of the law, terminate the contract.

In what cases is it permissible to purchase from a single supplier?

The law includes a list of situations that may become the basis and justification for non-competitive procurement:

The situation in which they go with the participation of a single supplier becomes atypical. In fact, this can no longer be called an auction, since there is one price offer or application for the work.

However, if only one participant was active (there were no others willing or their applications did not pass verification), the customer has to work with him. This situation allows you to make purchases under 223-FZ from a single supplier.

A valid reason is also recognized as the occurrence of an emergency situation at the customer’s enterprise, which provoked non-competitive procurement, as well as a lack of time to organize traditional tenders.

What does preparation for concluding a contract include?

The purpose of the preparation stage is to select the implementing organization. Under normal conditions, the customer studies the offers of several suppliers and chooses the most profitable one. If this is not possible, the task is assigned to the executor who is available at the moment.

According to 223-FZ, the justification for purchasing from a single supplier must be based on the impossibility of choosing another type of purchase. For this reason, it becomes the responsibility of the customer to prepare the following documents:

• A report that it is not practical to carry out the procurement in any other way.
• Calculation of prices and formulation of justification.
• Contacts necessary for the purchase to be approved.
• Draft contract.

The use of all these documents is not mandatory in absolutely all cases. The specifics of specific situations may require the preparation of only some of them.

Purchasing from a single supplier: justification report

In order to prove the legitimacy of the reasons that led to cooperation with one contractor, the head or authorized person of the customer enterprise draws up and submits a report to the regulatory authority. 44-FZ “On Procurement” does not contain instructions on the form and detailed content of this document, so it often reflects the following data:

• Code assigned to the purchase.
• Who is the customer?
• A clause stating that this purchase is forced or justified for a number of reasons (indication of justifications).
• The most important theses: what, in what quantity and why they plan to buy. The price and duration of the contract are also important. All these points must be justified.
• Date of the agreement.

Example for illustration

Most often, examples of purchasing from a single supplier are ordering equipment to replace broken equipment or urgently hiring contractors to repair damage.

If a problem with electrical wiring leads to the breakdown of electronic equipment and computers in a computer science class, then the school administration will have to take measures to urgently repair or replace them. The justification for purchasing new equipment from a single supplier may be the proximity of exams and the lack of time to search for the most profitable

An urgent purchase can be made, but the report will contain data on how many new computers will be purchased (the same number as were affected by the malfunction), at what price and how much their delivery, installation and configuration will cost.

How is the contract value determined?

The purchase price must be correctly calculated and justified; this process is reflected in the relevant document. Often the price is determined in the same way as during a competitive procurement: using the comparable market prices method, regulatory, tariff, design estimate or cost method.

The law provides for an exception:

1. Purchase for the purpose of securing state defense orders.
2. A situation where economy housing becomes the object of bargaining.

In these cases, the cost is formed under the influence of other factors.

Subjects of non-competitive procurement have the right to carry out a transaction only after the control body receives, reviews and approves the justifications set out in the documentation.

Why is it necessary to publish information about a transaction?

The legislation requires the customer to place a special document (procurement notice) in the public domain. This is necessary so that the operation can be considered transparent and open.

However, you cannot publish information that is classified as secret. As a rule, data about the parties involved, the subject and terms of the contract are posted on an information portal on the Internet.

How the contract is concluded

There are two forms of contracts that are used when conducting non-competitive procurement:

The second option can be used by procurement entities under the following conditions:

• They are also subjects of the central depository.
• If the volume of purchases is very small.
• When public utility services become the subject of bargaining.
• In situations of procurement for medical, cultural, sports organizations or for the government apparatus.

The use of a simplified form of contract allows subjects to choose almost any type of contract specified in the Civil Code of the Russian Federation. In this case, the agreement can be concluded orally if the amount of purchases from a single supplier does not exceed 100,000 rubles.

Nuances related to the execution of the contract

Persons engaged in non-competitive procurement must understand that examination becomes an integral stage of product acceptance. It is carried out in the vast majority of cases. To do this, they invite third-party specialists or do it on their own.

Expertise is not needed in a number of cases:

• If the subject of procurement is the services of expert organizations or private experts.
• For small delivery volumes.
• If the result of the work has already been assessed (a construction project or other result of engineering research must be assessed by experts).

Upon completion of the contract, a report is drawn up and published in a single information system. Its contents include basic data and information. The documents used during the preparation of the transaction must also be attached to it.

Purchasing from a single supplier is the second most popular method of identifying 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, and 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 force, the government customer will take fewer steps before signing a government contract with a single supplier. This will open up more opportunities to determine the winner in a non-competitive manner.

Procurement notices are becoming a thing of the past.

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

You may enter into a contract with a single supplier in the cases provided for. At the same time, the procurement procedure has a number of features. In some cases, you will need to additionally justify the impossibility of conducting a competitive procurement procedure, agree on the conclusion of a contract with the control body or notify it. For a number of purchases from a single supplier, you can conclude an agreement in free form, provided for by the Civil Code of the Russian Federation, and also not place a notice. Some difficulties may arise when making changes or canceling a purchase after a notice has been posted.

How to choose a single supplier

It is possible to conclude a contract with a single supplier only in certain cases. For example, if goods are purchased for an amount of no more than 100 or 400 thousand rubles.

For concluding a contract with a single supplier in a situation that is not specified in the law, a fine of 30 to 50 thousand rubles is provided. In addition, your purchase may be cancelled.

Is it necessary to include information about purchases from a single supplier in the procurement plan?

It is necessary because in accordance with the procurement plan you (). But it is impossible to carry out a purchase that is not in the schedule ().

Purchases from a single supplier must be included in the procurement plan in the general manner. The exception is special purchases for which information is entered in a simplified form.

How to include in the schedule

You create a schedule in the customer’s personal account in the Unified Information System based on the procurement plan. You enter information directly into the UIS in the form of a machine-readable document, and not as a separate file.

In most cases, purchases from a single supplier are included in the schedule in a general manner. To do this, you fill out the appropriate tabs in the customer’s personal account. This information will be reflected in the form of a schedule approved by Decree of the Government of the Russian Federation dated 06/05/2015 N 553 or Decree of the Government of the Russian Federation dated 06/05/2015 N 554.

Don't forget to check the "Medicines" box.

If you are planning purchases based on , then in the schedule, enter information on them in the “Special purchases” tab.

When filling out the schedule, you will need to justify the purchase and contract price in the “Justifications” tab. For procurement, it will be necessary to justify the total annual amount of funds for their implementation.

How to justify purchasing from a single supplier under Law No. 44-FZ

It is important to distinguish the justification for purchasing from a single supplier from the justification for purchasing in the procurement plan and schedule. The latter is necessary for any position when it is included in plans.

You must justify the purchase from a single supplier if you enter into a contract on the basis of clauses 3, 6, 9 - 14, 17, 18, 22, 23, 30 - 32, 34, 35, 37 - 41, 46, 49 () .

To do this, you need to draw up a report on the impossibility or inappropriateness of using other methods of identifying a supplier and place it in the Unified Information System.

How to write a report - justification for purchasing from a single supplier

There is no approved form for this report. As a reason for concluding a contract with a single supplier, you can indicate, for example, the urgency of the purchase or the lack of competition. It is also necessary to justify the price and other essential conditions contract.

An example of a report on the impossibility or inappropriateness of using other methods of identifying a supplier

How to place a report in the EIS

The requirement for placement in the Unified Information System with a single supplier is not established by law. However there is general rule, according to which customer reports required by Law N 44-FZ () must be posted in the Unified Information System. Therefore, we recommend that you place a justification report in the Unified Information System so that there is no controversial situations.

Do this before starting such a purchase or immediately after posting the schedule, so that at the time of concluding the contract, the choice of purchasing from a single supplier is already justified.

How to draw up a purchase order from a single supplier

You are not required to draw up a purchase order from a single supplier. However, if it is convenient for you to draw up such a document, indicate in it:

• object of purchase;
• what actions need to be taken and within what time frame;
• persons responsible for these actions and for the execution of the order.

This document can be signed by the customer’s manager or another person responsible for procurement.

How to conclude a contract

A contract with a single supplier includes the same essential terms as other contracts. True, in some cases you may not indicate them and conclude an agreement in any form in accordance with the Civil Code of the Russian Federation.

If you want to be able to change the contract price during execution or terminate it at unilaterally, provide this in the contract.

When concluding a contract with a single supplier, other features must be taken into account. For example, if a contract is concluded as a result of a failed competitive procedure, in some cases it must be agreed upon with the control body. And the duration of the contract will depend on whether there is a corresponding position in the schedule, whether changes have been made to it, and whether the conclusion of the contract needs to be agreed upon with the control body.

How to place a procurement notice under Law No. 44-FZ

You must if you enter into a contract with a single supplier based on clauses 1 - 3, 6 - 8, 11 - 14, 16 - 19.

There is no need to draw up a notice if information about the purchase constitutes a state secret ().

How to draw up a purchase notice under Law No. 44-FZ from a single supplier

You need to enter the following information in the electronic form in the UIS ():

• about the customer: name, location, postal address, email address, contact phone number, person in charge official;
• a summary of the terms of the contract in accordance with ;
• on restrictions regarding procurement participants. Here, indicate, among other things, the specific clause on the basis of which the contract is concluded with a single supplier;
• to enforce the contract, if you have established such a requirement. Specify the size, procedure for provision and requirements for such security.

You are not required by law to post a draft contract with a single supplier. The current position of the Ministry of Economic Development of Russia and the FAS Russia confirms this (Letter of the Ministry of Economic Development of Russia dated 02.28.2017 N D28i-1257, Decision of the FAS Russia dated 08.18.2017 in case N K-1062/17). At the same time, the FAS Russia decides whether the notice contains all necessary information to conclude that it is necessary to place a draft contract.

However, earlier the opinion was different. In the Decision dated January 20, 2016 in case No. 2-17-12864/77-15, the Moscow OFAS Russia considered non-publication of the draft contract a violation. The position was supported by Letter of the Ministry of Economic Development of Russia dated December 9, 2014 N D28i-2739 with a similar point of view. report on the execution of all contracts with a single supplier, except for contracts concluded under paragraphs 4, 5, 23, 42, 44, 46, 52 (). The report must be made in the approved form.

You can prepare a report by filling out an electronic form in the Unified Information System in the customer’s personal account (Letter of the Ministry of Economic Development of Russia dated October 16, 2015 N D28i-3000).

After filling in all fields, sign the report electronic signature and place it in the EIS.

If the report contains information constituting a state secret, it is compiled, but is not placed in the Unified Information System (clause 11 of Regulation No. 1093).

How to make changes to purchasing from a single supplier

In the procurement schedule, you can make changes to the purchase from a single supplier one day before concluding a contract or posting a procurement notice, if necessary.

It is not advisable to make changes to the posted notice, since this issue is not regulated by law. Technically, such a possibility is provided only by order of a control body or court.

After concluding a contract, you can change a number of significant conditions. However, in some cases, this possibility must be provided for at the stage of concluding the contract.

How to cancel a purchase

Cancellation of purchases from a single supplier is not provided for by Law No. 44-FZ. It is also technically impossible to do this in the Unified Information System on the initiative of the customer - only by decision of a control body or court.

Therefore, to cancel a purchase after posting a notice, it is advisable to contact your control body with a corresponding request (Letter of the Ministry of Economic Development of Russia dated May 4, 2016 N OG-D28-5672). For example, state customers of the city of Moscow can contact the Glavkontrol, federal customers - to the territorial OFAS Russia.

Please note that based on the results of an unscheduled inspection, an official of the customer may be involved. For example, when cancellation of a purchase is required to eliminate violations (Decision of the Tambov OFAS Russia dated March 12, 2018 in case No. VP-64/18).

When you receive an order from the control body to cancel the purchase, do not forget to place a notice of cancellation of the purchase in the Unified Information System and make appropriate changes to the schedule.

• Price threshold for purchases from EI

The customer’s procurement activities are carried out in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, Law No. 223-FZ, other regulatory legal acts, as well as approved and posted in the unified information system (on the official website www.zakupki.gov.ru, OOS, EIS) regulations on the customer’s procurement, which is the fundamental document regulating the procedure and rules for organizing the procurement process. Law No. 223-FZ, in contrast to 44-FZ, does not strictly regulate the procurement activities of the entities subject to it, but only establishes certain frameworks. Also, 223-FZ does not divide procurement methods into competitive (with bidding, for example, a competition; without bidding, for example, a request for proposals) and non-competitive (purchase from a single source). The current legislation does not provide an exhaustive list of trade and non-trade procurement methods; in accordance with 223-FZ (Part 3, Article 3), the customer is given the opportunity to prescribe any procurement methods in its regulations. At the same time, it is mandatory to reflect a competition and auction in the procurement regulations, although the law does not require customers to carry out procurements in these ways under 223-FZ.

One of the foundations of the modern procurement process is the competitiveness of trading procedures. But sometimes the customer may need to purchase goods, works or services (to meet needs in a timely manner) without holding a tender. Law No. 223-FZ provides for such a non-competitive method as procurement from a single source (Article 4, Part 19): “The customer, no later than the 10th day of the month following the reporting month, places in the unified information system:<…>2) information on the number and total cost of contracts concluded by the customer based on the results procurement from a single supplier (performer, contractor)».

The legislator does not establish specific requirements for purchasing from a single source, and the law does not say anything about cases when the customer has the right to resort to purchasing from a supplier. That is, in its procurement regulations approved and properly posted on the Environmental Protection Agency, the customer, at its discretion, indicates cases of procurement of goods, works and services from a single supplier. However, the customer should not abuse this right, since a complete rejection of competitive procedures in favor of a single source is a violation of the law and may raise questions from regulatory authorities.
Single source (supplier, performer or contractor ) - this is a person with whom the customer enters into a contract without competitive procurement procedures.
Single source purchasing method:

• the customer independently proposes to the supplier (contractor, performer) to conclude an agreement for the supply of goods (performance of work, provision of services);
• the customer receives an offer to conclude an agreement from the supplier (contractor, performer).

In both cases, the customer must prudently purchase from a single supplier. Before concluding an agreement with a particular supplier, you should study the market for the goods supplied, work performed or services provided (range, conditions, prices, etc.) in order to avoid violating the principle of targeted and cost-effective spending cash, especially during an economic crisis, when it is especially important for the customer not to waste money, since the offer of that “single” supplier may not be the only one on the market, and may even be less preferable than the offer of another supplier (example: Khanty-Mansiysk decision OFAS dated February 10, 2014 No. 05-06-023-2014). Then the second source may have the following questions: how and why the decision was made to conclude an agreement with this or that supplier and to what extent this was legal and legally justified on the part of the customer. The customer is not obliged to explain to suppliers the procurement process of his enterprise, however, in order to avoid complaints to the FAS, if questions arise on their part, it is better to tactfully give answers explaining the reasons for purchasing from a single source (with references to the clauses of the procurement regulations).

Purchasing from a single source:

• Without placing information in a unified information system (on the OOS)

The customer has the right not to place information (notification, procurement documentation and draft agreement) on the purchase of goods, works, services, the cost of which does not exceed 100 thousand rubles, in the unified information system (on the OOS). If the customer’s annual revenue for the reporting financial year is more than 5 billion rubles, the customer has the right not to place in the Unified Information System information on 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 makes small purchases, and the advisability of conducting competitive trading procedures disappears.
The Procurement Law does not regulate the establishment of a price threshold for procurement from a single source; the customer does this independently in the procurement regulations, guided by the provisions of Art. 2 Laws. If the procurement regulations provide 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 customer’s annual revenue for the previous year does not exceed 5 billion rubles , must also be published in the EIS.
The customer has the right not to include direct purchases from a supplier (contractor, performer) up to 100/500 thousand rubles in the procurement plan, but information about them is displayed in the monthly report and semi-annual report for Rosstat (provided on an approved form to the territorial body Federal service state statistics).
You should know that...
Based on Government Resolution No. 616 “On approval of the list of goods, works and services, the procurement 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 from a single supplier (performer, contractor) in accordance with the Procurement Regulations provided for in Article 2 of Law No. 223-FZ.”

Price threshold for purchases from EI

When establishing a price maximum (prescribed in the procurement regulations), at which the customer has the right to purchase from a single supplier, it is necessary to be guided by principles , established by 223-FZ. These include:

• equality;
• absence of discrimination and unjustified restrictions on competition in relation to procurement participants;
• justice;
• targeted and cost-effective spending of funds for the purchase of goods, works and services and cost reduction;
• information openness procurement;
• no restriction on the access of participants to procurement by establishing immeasurable requirements for them.

Do not set an excessively high price threshold for direct sole source procurement without considering competitive bids, as this may raise questions among suppliers and the regulatory authority. To avoid controversial situations, the customer must strictly follow the letter of the law and not violate the principles of 223-FZ. On the other hand, in practice situations are possible when the auction organizer begins to “split” large purchases, concluding large number contracts for the supply of the same goods (works or services) in order to avoid competitive procedures. There is no direct prohibition on such fragmentation of procurement in 223-FZ, but such actions violate the principles of the procurement process. Therefore, the customer, having determined the needs for goods (works or services), first carries out a competitive procurement procedure, selects the most acceptable offer in terms of price and quality and enters into an agreement with the winner. And if the purchased goods (works, services) are not enough to meet the needs, the customer can purchase the missing goods from a single source without conducting additional competitive procedures.

Example of a sole source procurement protocol

ON THE ORGANIZATION'S LETTERHEAD
PROTOCOL
Commission meetings
March 02, 2015
G. …. (insert name)
Composition of the single commission:
Chairman of the commission:
Last name, first name, patronymic position

All members of the commission are present at the meeting. There is a quorum to make a decision.
The request for proposals for the supply of AI-80 gasoline, notification No. ....., in the amount of 300,000 liters was declared invalid due to the lack of applications, the commission, having studied the market for the supplied product,
DECIDED:
Conclude an agreement for the supply of AI-80 gasoline with a single source (based on clause... Regulations on the procurement of goods, works and services) on its terms for the needs of (name of organization) in the amount of 300,000 liters. The total cost of the goods is ....(rubles) including VAT 18%. The contract period is from 03/15/2015 to 12/31/2015.
The decision was made unanimously by all members of the commission present.
Chairman of the commission:
Last name, first name, patronymic signature

How to view the protocol on the OOS?

After the customer publishes the protocol on procurement from a single source at the environmental protection organization, this information becomes available for public review.
To view information about the protocol, you need to find the required purchase, then there are two options:
1) in the “protocols” section, using the site functionality, select the option « printed form» or "view".
If selected "printing form", then information about the protocol will appear on the screen, namely:
- name of the purchase;
- method of procurement;
- information about the customer (name, location, postal address);
- date of signing;
- subject of the agreement;
- initial maximum price;
- information about the absence of applications.
If selected "view", then the site will be presented for review
- general information:

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

Application details (zero);
- documents (downloaded file with a graphical view of the protocol).
2) in section "documents", where the name of the document, creation date, file name and its size will be displayed. To familiarize yourself with the protocol (in graphical form), you need to click on its name.
Please note that the current protocol (current) will have a mark - “current edition of the protocol”. If the customer has made changes to the protocol, then the current version of the protocol and the inactive version will be posted on the procurement website.

Example of procurement documentation

Purchasing from a single source
(the customer can place the procurement documentation form in the procurement regulations)
SOLE SOURCE PROCUREMENT DOCUMENTATION

Supply of AI-80 gasoline

In sole source procurement documentation, it is inappropriate to include information such as:

• Deadline, procedure and place for submitting applications by participants;
• Date and place of consideration of applications and summing up the results of the procurement procedure;
• Application requirements;
• Requirements for procurement participants and a list of documents that must be provided to confirm compliance with these requirements;
• Requirement for participants to describe the qualitative, quantitative and functional characteristics of the supplied goods (works, services);
• Criteria for evaluating submitted applications, the procedure for comparing and determining the winner of the procurement, etc.

The notice and procurement documentation must be accompanied by: draft treaty concluded with a single source (if provided for in the procurement regulations). In the draft contract, the customer indicates the subject of the contract, delivery dates (performance of work, provision of services), quantity of goods (scope of work, services), payment procedure, responsibility of the parties, duration of the contract and other conditions.
According to 223-FZ, if, during the conclusion and execution of a contract, the volume, price of purchased goods, works, services or terms of execution of the contract change compared to those specified in the protocol drawn up based on the results of the procurement, within ten days from the date of amendments to the contract in The UIS contains information about changes to the contract indicating the changed conditions.

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

1. The customer needs to personal account Using your digital signature, go to the closed part of the official website and select a purchase from a single supplier (performer, contractor) in the procurement register, indicating this procurement method and clicking “select”. Thus, the customer begins to generate a purchase notice.

2. The following is general information about the purchase. At its discretion, the customer can fill in the contact information of the person who can be contacted regarding this purchase (last name, first name, patronymic), and also make an appropriate note in the requirements for procurement participants about their absence in the register of unscrupulous suppliers (this information is not required to be filled out ). To prevent information from being lost, you should click “save” each time.

3. After the general purchase data has been filled in, the customer begins to create a lot by clicking on the green cross “add lot”.
The functionality of the site provides for indicating the place of delivery: various places for delivery of lots and a single place for delivery of lots. The customer selects the desired option. For example, if the customer chooses a single place of delivery, then he will need to indicate a specific delivery address (indicating federal district and region). After clicking the “Ok” button, this information will be saved.

4. Next you should enter general information about the purchase lot. Information “lot number”, “name of the subject of the contract (lot), initial (maximum) price of the contract”, “currency” is required. In the information about the product, work, or service, the customer writes the OKDP, OKVED code (you must enter the desired combination of numbers and click “add”). In addition, you must specify the unit of measurement from the list provided. Information on the quantity of goods, works and services is also required to be filled out. If it cannot be determined, the customer makes a note about this. Now you need to click “add to table”, after which all the information will appear in the table. To prevent data from being lost, you should click “save”.

5. After filling out information about the lots, the customer proceeds to the documentation. Information about providing documentation is not required to be filled out. The customer needs to attach one or more files; to do this, click “browse”, select the required document and click “attach”. The uploaded document will be displayed in the attached files.
If suddenly the customer mistakenly uploaded the wrong file, he can delete it (click the red cross “delete”) and re-upload the corresponding document. Please note that the notice is generated automatically in the form of a printed form and is not required to be attached as part of the documentation. When published, the printed form, documentation files and draft agreement will be automatically signed with the user’s digital signature.

5. Before posting information about the purchase from EI on the official website, the customer should return to the stage of generating the notice. Using the triangle to the right of the purchase name, select “publish”.
If the customer made mistakes when generating information, the site’s functionality will notify him about this, giving him the opportunity to either continue publication or cancel it in order to correct it.
Every time before posting procurement data on the official website, the customer should not forget that publishing information on the official website is a legally significant action that entails liability for the information signed with an electronic signature. Therefore, the functionality of the site provides the ability to warn the customer about this.

6. After publishing information on the official website, procurement from a single source will be at the stage of the commission’s work, bypassing the stage of submitting applications, since this type procurement is non-competitive and does not involve the submission of bids by participants. Among the purchases placed by the customer, you should select a purchase from a single source, then use the triangle on the right to go to the purchase information.

7. Select the “Protocols” tab, click the green cross “create protocol”. The name of such a protocol is “protocol for the “Purchase from a single supplier (performer, contractor)” method. Information about the protocol is filled in: the date of signing (using the functionality of the site and the calendar, the appropriate date is selected indicating the day, month, year). At the customer's discretion, you can specify a different additional information(click the “next” button).

8. After filling general information About the protocol in competitive procurement, the customer usually fills in data on submitted applications. When purchasing from a single source, this action is not performed; click “next”.

9. Now you need to download necessary documents. Using the “browse” button, select the desired protocol file and attach it. If the customer has uploaded the wrong protocol, then using the “delete” button you can remove the unnecessary file and attach the one corresponding to this purchase. Click the “complete protocol generation” button.

10. In the “protocols” tab, unpublished data about the created protocol will be displayed. Now select the “publish” action. The protocol is signed with an electronic signature and posted on the official website.

11. If the customer decides to cancel the protocol, then he should, using the website functionality in the “protocols” tab, select the option to cancel the protocol, fill in the required fields: the date of the decision to cancel, the reason for canceling the protocol (for example, it was not loaded by mistake). that protocol). Next, you should download the required file, attach it and publish it using digital signature on the procurement website.

12. If the customer has a need to change the protocol (for example, a typo in the signing date), in the “protocols” tab, select the appropriate tab, which must indicate the date the protocol was signed and the reason for its change. After which it downloads the necessary files, attaches them and publishes them 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 purchase, the site’s functionality will indicate the presence of protocols (posted: customer, protocols). Now, using the triangle, this purchase from a single source can be transferred to the “placement completed” stage. To view all posted information about this purchase, you should go to the “purchase documents” tab, where everything that was published by the customer will be displayed (documentation, protocol, changes and clarifications, if any). This information is publicly available for review on the official website.

14. If the procurement regulations provide for the posting on the official website of information about the refusal to carry out a procurement (in this case, procurement from a single source) and the customer has made a decision to refuse to carry out the procurement procedure, a document containing information about such refusal is published on the official website . To do this, in the closed part of the procurement site, you should find the required purchase, in the “changes and clarifications” section, select the “refusal to purchase” tab and click the “generate a notice of refusal” button.

15. Now you need to publish mandatory information about the refusal to carry out the procurement: indicate the date the decision was made, state the grounds for the decision, then attach the required file and publish it using an electronic digital signature on the official procurement website. If necessary, the customer has the right to place, along with the document that contains information about the refusal to carry out the procurement procedure, other electronic views documents containing, among other things, a decision to refuse the procurement.
Increasingly, experts in the field of procurement are raising the question of the inappropriateness of placing information on procurement from a single source in the Unified Information System. If such a norm is enshrined in law, then the customer will not have the obligation to publish information about procurement from a single supplier on the procurement website.

Pros and cons of purchasing from a single source?

(cases when the customer uses this method are displayed by him in the Regulations on the procurement of goods, works and services)

Non-competitive procurement has the shortest time frame for each stage compared to other methods. There is no complicated procedure for selecting a participant to conclude a contract with him. There is no need to prepare procurement documentation. Meanwhile, in a number of cases, the customer will be required to justify the choice of this procurement method, approve the conclusion of a contract with the control body, involve an expert organization in accepting the goods, etc.

Purchasing from a single supplier (contractor, performer) (hereinafter referred to as the sole supplier) is carried out as soon as possible.

The conclusion of a contract is preceded by preparation, which includes several stages. If an inspection is carried out and during it violations of the rules of Law No. 44-FZ are discovered (from the choice of basis, justification for the purchase and terms of the contract to the drafting and contract), such a procedure will be declared invalid.

Preparation for the event

The main task of this stage is to select the organization that will become the executor of the contract. When given the opportunity to choose, a customer typically turns to a supplier they trust or have worked with before. If it is impossible to carry out independent selection, as, for example, in the case established in paragraph 2 of part 1 of Article 93 of Law No. 44-FZ, the only supplier is determined in accordance with the issued legal act.

At this stage, the customer prepares following documents for purchase:

• report on the impossibility (inexpediency) of procurement by other means;
• price calculation and justification;
• application for procurement approval;
• draft contract;
• notification of a purchase from a single supplier.

In each individual case, only some of the specified documents may be needed.

Development of a report on the impossibility (inexpediency) of procurement by other means

In slightly more than half of single-source procurement cases, a report is required to explain the reasons for choosing non-competitive procurement. The customer will have full rights to carry it out if other methods are not possible. For example, you can refer to the lack of time to carry out procurement in other ways. Often this reason is given when an accident occurs. If the customer explains the inappropriateness of competitive procurement, the contract can also be concluded with a single supplier.

The report is prepared in the following cases:

• procurement from authorities (clause 6, part 1, article 93 of Law No. 44-FZ);
• safety (clauses 3, 40, 41, part 1, article 93 of Law No. 44-FZ);
• medicine and eradication emergency situations(clause 9, 34 part 1 of article 93 of Law No. 44-FZ);
• culture, science, education and sports (clauses 10, 13, 14, 17, 18, 35, 37, part 1, article 93 of Law No. 44-FZ);
• real estate (clauses 22, 23, 31, 32, 38, 39, 43, part 1, article 93 of Law No. 44-FZ);
• procurement for the needs of the state apparatus (clause 30, part 1, article 93 of Law No. 44-FZ).

The report must be documented and signed by the manager (authorized person of the customer).

A specific list of essential conditions that must be reflected and justified in the report is not established by Law No. 44-FZ. Typically, a document is a table that contains the following data:

• purchase identification code;
• customer name;
• an indication that the purchase is being made from a single supplier, and the corresponding paragraph of Part 1 of Article 93 of Law No. 44-FZ, which is the basis for such a purchase, as well as the justification for such a need (for example, a faulty electrical wiring led to the failure of all computers of the computer science class ; since the accident occurred a week before the exams, it is necessary to organize an urgent purchase of equipment on the basis specified in paragraph 9 of part 1 of Article 93 of Law No. 44-FZ);
• essential terms of the contract (in some cases it is enough to indicate its subject, the name of goods (works, services) and their quantity; the price of the contract, delivery (execution, provision) terms), each of which must also be justified (in particular, the number of new computers corresponds to the number disabled devices; supply and configuration of computers - in accordance with the planned period of examinations);
• date of preparation of the contract.

Calculation of the contract price and its justification

In all of the above cases, one more document will be required - calculation and justification of the contract price.

The contract price is determined by general rules, that is, using the same methods as during competitive procurement:

• method of comparable market prices;
• normative method;
• tariff method;
• design and estimate method;
• costly method.

A special calculation procedure will apply in two cases:

• procurement for the purposes of state defense procurement (clause 7, part 1, article 93 of Law No. 44-FZ) - according to the rules of Federal Law of December 29, 2012 No. 275-FZ;
• purchase of economy class housing (clause 39, part 1, article 93 of Law No. 44-FZ) - in accordance with Decree of the Government of the Russian Federation of April 28, 2015 No. 407.

Sending a request for approval of a purchase

An application for approval of a purchase is sent to the control body when purchasing from a single supplier after failed competitive procedures (clauses 24, 25, part 1, article 93 of Law No. 4-FZ).
The right to conclude a contract will appear only after receiving a positive response from the authority. Such an appeal will be considered within 10 working days.

Posting information about procurement

The procurement notice is the only document that the customer must publish in the unified information system (on the official website) before the procurement. The law establishes the principle of transparency and openness (Article 7 of Law No. 44-FZ). It is with this that the notice is posted in the public domain.

This needs to be done only in some cases of procurement from a single supplier, with the condition that the notice does not contain information the dissemination of which has been prohibited by the state:

• purchases from a limited range of suppliers (clauses 1, 2, 6, part 1, article 93 of Law No. 44-FZ);
• in the field of security and defense (clauses 3, 7, part 1, article 93 of Law No. 44-FZ);
• procurement utilities(clause 8, part 1, article 93 of Law No. 44-FZ);
• procurement with the participation of institutions of the penal system (clauses 11, 12, part 1, article 93 of Law No. 44-FZ);
• in the field of culture, science, education and sports (clauses 13, 14, 16-18, part 1, article 93 of Law No. 44-FZ);
• in the field of real estate (clause 19, part 1, article 93 of Law No. 44-FZ).

The document must appear on the website five calendar days or earlier before the conclusion of the contract. A draft contract may be attached to it, but this is not the responsibility of the customer.

When purchasing as a result of failed procedures, it should be taken into account that the notice that was posted during the initial purchase is sufficient, so there is no need to publish it a second time.

The notice reflects the following information (clauses 1, 2, 4, 8 of Article 42 of Law No. 44-FZ):

• information about the customer (name, location, postal and email addresses, telephone), responsible person of the customer, specialized organization;
• terms of the contract without detailed description (name, description, quantity (volume) of purchased products or services, place of delivery (performance, provision), timing of receipt by the customer of goods or performance of work or schedule for the provision of services, contract price, source of financing);
• the presence of restrictions (for example, purchasing from a small business entity);
• if necessary, information about security for the execution of the contract (size, procedure for provision, requirements for security, banking support).

The requirement to ensure the execution of a contract is established in the cases provided for in paragraphs 1, 2 (if provided for by the relevant legal act), 3, 12, 16, 18, 19, 24, 25, 35, 37-39, 42, 43 parts 1 of Article 93 of Law No. 44-FZ. In this case, the only supplier must provide security (for example, through bank guarantee) before signing the contract. In other cases, the customer decides whether to add this requirement. Special rules apply when purchasing budgetary institution bank guarantee (clause 36, part 1, article 93 of Law No. 44-FZ). In this case, the contractor cannot be obliged to enforce the contract. The same applies to purchases in which a state or municipal government agency is a participant, or if the subject of the contract is loan issuance services. For example, the only participant who submitted an application for an electronic auction is a government institution, and a contract is concluded with it as the only supplier, on the basis of clause 25 of part 1 of Article 93 of Law No. 44-FZ. The procurement notice established a contract security requirement. But in accordance with Part 8 of Article 96 of Law No. 44-FZ, if the procurement participant with whom the contract is concluded is a state or municipal government agency, the provisions of the law on ensuring the execution of the contract do not apply to such participant.

Conclusion of a contract

Contracts can be concluded in two forms:

• in the standard version - with the inclusion of all the conditions provided for in Article 34;
• in a simplified version - with reduced composition requirements.

The second option is acceptable when purchasing:

• subjects of natural monopolies and the central depository (clause 1, part 1, article 93 of Law No. 44-FZ);
• for small purchases (clauses 4, 5, part 1, article 93 of Law No. 44-FZ);
• services utilities(clause 8, 29, part 1, article 93 of Law No. 44-FZ);
• in the field of culture and sports (clauses 15, 26, part 1, article 93 of Law No. 44-FZ);
• for the needs of the state apparatus (clauses 20, 21, part 1, article 93 of Law No. 44-FZ);
• in the field of medicine (clause 28, part 1, article 93 of Law No. 44-FZ);
• in the field of security (clauses 40, 41, part 1, article 93 of Law No. 44-FZ).

The simplified form means that you can use any type of contract (agreement) that is provided for by the Civil Code of the Russian Federation. In this case, the customer has the right not to apply the requirements of parts 4-9, 11-13 of Article 34 of Law No. 44-FZ. For example, such an exception is established for purchases from a single supplier in the amount of up to 100 thousand rubles. on the basis of paragraph 4 of part 1 of Article 93 of Law No. 44-FZ. Such a contract can be concluded orally (Article 158 Civil Code RF).
The customer notifies the control body of the fact of signing the contract for procurement specified in paragraphs 6, 9, 34 of part 1 of Article 93 of Law No. 44-FZ. This must be done no later than the next business day.
Information about contracts concluded on the basis of Part 1 of Article 93 of Law No. 44-FZ (not including paragraphs 4, 5) is entered into the register of contracts.

Execution of the contract

According to Part 4 of Article 94 of Law No. 44-FZ, in certain situations the customer’s responsibilities include inviting specialists to participate in the examination of the results under a contract with a single supplier. This includes the cases specified in paragraphs 10-13, 16, 24, 31, 34, 35, 37-39, 43 of part 1 of article 93, as well as part 4.1 of article 94 of Law No. 44-FZ. Moreover, when purchasing on the basis of paragraph 24, the requirement applies only to meet regional and municipal needs.

The customer may not conduct an examination:

• for procurement on other grounds;
• if the procurement object represents the services of experts or expert organizations;
• when the result of the work is the design documentation of the facility capital construction(results of engineering surveys that have passed the examination).

A report on the execution of the contract, published in a unified information system, is compiled in all cases of procurement from a single source, except for small ones. It includes information and documents listed in parts 9, 10 of Article 94 of Law No. 44-FZ.