home For a beginner Single Service Provider. What is the procedure for purchasing from a single supplier. Disadvantages of this form of procurement

Single Service Provider. What is the procedure for purchasing from a single supplier. Disadvantages of this form of procurement

One of the competitive ways or to conclude a contract with a single supplier (part 1 of article 24 federal law dated April 5, 2013 No. 44-FZ “On contract system in the field of procurement of goods, works, services to meet state and municipal needs”; hereinafter - Law No. 44-FZ).

If the customer purchases from sole supplier, then in fact he concludes a contract with a specific organization or citizen who sells the goods (works, services) he needs. In this case, there is no formal procedure for determining the supplier from among the procurement participants. Accordingly, this way to conclude a contract is the most simple and convenient for the customer, and also does not require a significant investment of time.

For when the customer can enter into a contract with a single supplier, see separate recommendation .

Attention!If the customer unreasonably decides to conclude a contract with a single supplier (contractor, performer), the FAS Russia may bring him to administrative responsibility. For such an offense, the responsibility of an official of the customer is established in the form of a fine in the amount of 30 thousand to 50 thousand rubles. (parts 1, 2 of article 7.29 of the Code of Administrative Offenses of the Russian Federation).

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

Stage 1. Preparation for the purchase

All purchases of goods (works, services) from a single supplier must be included in schedule. However, some of them need to be specified total amounts by type of expenses. This applies to purchases:

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

work on the collection and processing of primary statistical data in the course of federal statistical observation .

At the same time, public institutions must also indicate the breakdown by type of expenditure code (detailed to subgroup and element). This is stated in subparagraphs 2 and 4 of paragraph 5 of the annex to the joint order of the Ministry of Economic Development of Russia and the Treasury of Russia dated March 31, 2015 No. 182/7n.

Stage 2. Search and selection of a single supplier (contractor, performer)

The customer needs to find a single supplier (contractor, performer).

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

Typically, contracts are concluded with proven and well-known counterparties from whom the customer has previously purchased the necessary goods (works, services).

Stage 3. Sending a proposal for a contract

The customer can inform the selected counterparty of his desire to conclude a contractkt any convenient way(in written or oral form).

The contract law does not establish a specific procedure that must be followed when submitting an offer to conclude a contract.

Stage 4 (optional). Issuance of a purchase order

After selecting a single supplier and obtaining his consent, the customer, as a rule, issues order for such a purchase .

The law does not require its drafting. However, some agencies have established contracting practices that provide for this.

Stage 5. Sending the draft contract to the supplier for approval

A draft contract for the supply of goods (performance of work, provision of services) must be sent to the supplier (contractor, performer) for approval.

The contract must contain all essential terms.

At the same time, the customer is obliged to establish in it the requirement to ensure the performance of the contract if the purchase takes place:

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

institution executing punishment, goods for the employment of convicts ;

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

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

in case of recognition of a closed or competitive procurement as failed I am;

equipment, software by educational organizations - innovative platforms ;

economy class housing from organizations that have concluded a contract vor for the development of the territory in order to build such housing ;

work on the collection and processing of primary statistical data in the course of federal statistical observation on the territory of Russia ;

works (services) on engineering surveys, design of facilities necessary for the processing and disposal of waste .

In all other cases, the customer (authorized body) has the right, but is not obliged to establish a requirement to secure the performance of the contract.

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

The supplier must send the customer the security before the conclusion of the contract. Only after that the contract can be signed (parts 4, 5 of article 96 of Law No. 44-FZ).

Stage 6 (optional). Publication of a notice of purchase

The law establishes a number of cases when the customer is obliged to place a notice of purchase in the EIS. This must be done no later than five days before the date of conclusion of the contract.

The notice must include:

information about the customer (specialized organization);

a summary of the terms of the contract with information on paragraph 2 of Article 42 of Law No. 44-FZ;

all restrictions set by law to participate in determining the supplier;

the amount and procedure for making security for the performance of the contract.

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

Also, a draft contract should be attached to the notice of the purchase from a single supplier.

Rationale: The provisions of Law No. 44-FZ do not require this. Meanwhile, the Ministry of Economic Development of Russia believes that the draft contract should be attached to the notice. After all, it is in it that all the conditions provided for by paragraph 2 of Article 42 of Law No. 44-FZ are listed. This is stated in the letter dated December 9, 2014 No. D28i-2739.

Stage 7. Contract signing

If the supplier agrees with all the conditions, then the parties sign the contract. From that moment on, he is considered a prisoner.

Stage 8 (optional). Drawing up a report on the impossibility to use other methods of procurement

In some cases, when concluding a contract with a single supplier (contractor, performer), the customer is obliged in a documented report to justify the impossibility or inexpediency of using competitive procurement methods, price and other essential conditions. For cases in which the customer is required to file a report and when not, see table.

Employees of regulatory agencies during inspections can check whether the customer has this report.

It can be compiled in free form .

The report must include:

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

the reason why the purchase could not be carried out by one of the competitive methods.

Such reasons include, for example:

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

the risk of recognizing the competitive procedure as failed due to the fact that there is no interest on the part of suppliers in concluding a contract. For example, due to an insignificant price, potential suppliers may not participate in the purchase;

inability to obtain cost savings through competitive procurement.

The finished report does not need to be placed in the EIS. This is an internal customer document. This is stated in part 3 of article 93 of Law No. 44-FZ.

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. The average contract price in 2017 was 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 way. 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 is 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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The concept of non-competitive procurement. Why is the supplier called "the only one"?

Public procurement specialists traditionally spend a lot of time discussing procurement from a single supplier. This is due to the fact that they are out of general rule and it is necessary to comply with the principles of 223-FZ. But, in the opinion of many, the principles are not respected. You can consider each of them.

information openness. This rule is being followed. There are no exceptions. Order information support the same as in the competitive procedure.
Equality, fairness, absence of discrimination and unreasonable restrictions on competition. How to prove that when concluding an agreement with a single supplier, the principle of equality is violated? All these words require proof.
Targeted and cost-effective spending Money. This goal is set in the adoption of the 223-FZ itself.
Reducing customer costs. Buying direct can be indicative of cost savings. The problem is that the legal compositions (the conclusion of the contract, the procedure itself) have great discrepancies. It's hard to link them. Selecting a single supplier can be an effective method. It should not be taken as an exception to the rule.
No restrictions on admission to participation in the procurement by establishing non-measurable requirements for procurement participants.

What is Law 223-FZ about? It is not about how to make purchases and what purchases should be made. It is that the customer must adopt legal acts (procurement regulations and others), in this legal act of a local nature, 3 blocks of issues should be resolved:

The procedure for preparing and conducting procurement procedures
Procurement methods, conditions for their use
The procedure for concluding and executing contracts

It says one thing, but in practice something else happens. Many customers forget to include the third block. Often there is a violation of the law. Upon conclusion of contracts, it is necessary to prescribe in which case the customer is obliged and in which case he has the right to conclude an agreement, whether the agreement is offered to the participant who took 2nd place and actions according to the failed procedure (a contract is concluded or not). Execution of contracts: good example The provisions of the Gazprom group of companies: “Contracts concluded as a result of the procurement must be executed in accordance with their terms, requirements of laws and Civil Code RF". With just this phrase, these requirements can be met. The law does not regulate how to carry out the purchase.

In judicial practice, there were cases when one of the potential participants in the procurement went to the Arbitration Court of the Orenburg Region and tried to invalidate certain clauses of the Regulations on the Procurement of a particular customer of the Orenburg Heat Generating Company. There were a lot of positions and the potential customer decided that this was a restriction of competition. The court decided that, according to 223-FZ, the obligation of the customer is to post the Procurement Regulations on the official website of the EIS. The customer has fulfilled this obligation. Also, the methods of procurement and the conditions for their use should be described. Thus, the customer complied with the law. What can be disputed here? Here everything is given at the discretion of the customer.

The law does not stipulate what percentage of competitive procurement must be executed. There are also no restrictions in the case of a single supplier. There is a recommendation to conclude no more than 30% of contracts with single suppliers.

Also, it is not necessary to treat the purchase from a single supplier as an exception to the rules also for the reason that 3 procurement methods are mentioned in 223-FZ: tender, auction and purchase from a single supplier.

From the very beginning of the application of 223-FZ, there is an unhealthy interest in such purchases from government agencies. For example, attempts to identify corruption factors through checking the Regulations. They:

identified during anti-corruption expertise,
are the provisions of NLAs (drafts of NLAs),
relate to the activities of public authorities and local government.

In the practice of the Chuvash Republic, there was a case when the prosecutor's office protested the Provision on Procurement, referring to the fact that when purchasing from a single supplier, there is a breadth of discrediting powers CEO GUP. This is illegal on the part of the prosecutor's office. Corruptogenic factors are being identified, but the question is the object of this examination. If you look at the law on anti-corruption expertise, you can see that regulatory legal acts and draft regulatory legal acts should be subject to verification. The Procurement Regulation is neither one nor the other. This is a local act, along with the rules work schedule. That is why it is not subject to anti-corruption expertise. The second point: corruptogenic factors relate only to the actions of state authorities and local self-government. Separate legal entities also not subject to verification.

Corruption factors are norms that can be applied differently in different situations. The meaning of their identification is that the official does not have discretion in the application of the norms. That is, it is necessary that in different situations he would apply it uniformly.

Another direction of checks: a description of the cases of this purchase. For example, for customers, the Regulations do not provide for price ranges. You can call this discrepancy with the principles of Article 3 223-FZ. The third scenario: when a warning is issued about a possible violation of the law. It is impossible to appeal this in court and it is not known what needs to be done with such a purchase. Since no restrictions are imposed on the customer, it is still necessary to try to break the law when drawing up the Regulations.

The customer describes the methods of purchase independently. 223-FZ establishes 2 methods of procurement: tender or auction. But the law does not establish what and when to carry out. The procedure itself is not regulated by law.

There are the most common purchasing methods. It is often said that other types of purchases are disguised as purchases from a single supplier. For example, when the Regulation specifies direct procurement, direct selection, non-competitive procurement. The share of direct purchases does not indicate that such purchases are not effective.

Is it possible to do without purchasing from a single supplier? No, It is Immpossible. This is an objective reality.

How does everything happen in the contract system according to 44-FZ? There are a lot of cases of purchases from a single supplier: 46% of the total volume of purchases. According to the results of procurement monitoring, almost 30% of purchases are made from a single supplier. These figures indicate that it is impossible to do without direct purchase. If there are services of monopoly entities, utilities, and so on: one cannot do without purchases from a single supplier.

It is important to note that competitive procurement has a serious disadvantage. Its success does not depend on who announces it, but on those who come to it and how the participants behave. If a company is an authority, then it makes no sense for it to come to a competitive purchase. There is a risk that no one will submit applications for this type of purchase. There is also a risk that those participants who are not going to fulfill this contract will apply for it: they may request an advance payment and disappear. This is the so-called "competitive raiding".

Against this background, the purchase from a single supplier is more specific and honest. To exclude such a procedure is simply stupid. Of course, with the purchase from a single supplier, abuses of the right can be observed. This, for example, may be a situation where the company conducts all purchases from a single supplier. Also, with the help of such purchases, the customer can completely ignore purchases in electronic form. This can be prevented. A bill that prohibits this was adopted in the first reading.

There is an exception in Government Decree No. 616: even if the goods got into electronic list, but the Procurement Regulations state the opposite (for example, vehicle), then the electronic form is not respected. This is not a violation, but a form of abuse. The law does not establish the percentage of purchases in electronic form.

What is buying from a single supplier or a single source? None normative act there is currently no definition. It was only in 94-FZ: “ When placing an order with a single supplier, the customer offers the conclusion of a contract to only one supplier.. The concept is not related to the fact that he is really alone. The low-competitive market does not appear here. The question lies in the plane of contract law. In competitive procurement, a counterparty is searched for by inviting various participants. Based on the results of the purchase, a protocol is drawn up and, in fact, the name of the only supplier is announced. He is offered the terms of the contract because the participant is known to the customer. With or without a competitive market this concept not connected in any way.

How does FAS Russia see this situation?

Now many authorities are writing standard procurement requirements. But the law does not say that someone can give standard requirements. It is only known that each customer can establish his own requirements in the Regulations. Model documents have not been registered with the Ministry of Justice of the Russian Federation, although this is simply necessary. Authorities do things that are not within their powers. What is written in such requirements?

The authors of the provisions provided for the case of procurement, which is in 94-FZ: "Purchase of goods, works, services of the same name in the amount of not more than 100,000 rubles per quarter." Companies with revenue in the billions of rubles cannot comply with such requirements. Such limits have not been set for a long time. Also, the authors of such provisions write that they are not mandatory for use, but send out letters with requirements to provide reporting: how they comply with the standard provision. But lawyers know that any normative legal act must go through at least the promulgation procedure. Otherwise, it would be unlawful to impute its non-observance to anyone.

When establishing in the procurement regulation the right of the customer to purchase from a single supplier (contractor, performer), it is recommended to provide exhaustive list grounds for concluding an agreement with a single supplier.
The purchase of goods, works, services from a single supplier is advisable if such goods, works, services are circulated in low-competitive markets, or it is not advisable to conduct competitive, auction procedures for objective reasons(for example, liquidation of consequences of emergency situations, consequences of force majeure). In addition, the purchase of goods, works, services from a single supplier is possible based on the results of a failed competitive procurement procedure.
It is advisable to provide for the obligation in the procurement regulation justification the need for the customer to conclude an agreement with a single supplier (executor, contractor), the initial (maximum) price of the agreement and the choice of a specific supplier (executor, contractor) with whom such an agreement is concluded.

Emergency Purchase: This can be more than just an emergency or force majeure. It is necessary to decipher the concept of "impact of force majeure circumstances". But there is a list of what is not force majeure. It is generally accepted that this is a social force majeure (strikes, terrorist attacks, and the like), natural force majeure (floods, earthquakes, and the like), as well as legal force majeure (adoption of regulations). In this way, the terms of purchase from a single supplier are catalyzed. In such circumstances, it is necessary to draw up an act and assess the damage.

There is no open competition when purchasing from a single supplier. But the customer determines the winner according to certain criteria, so the competition remains. 223-FZ does not require price justification, but all customers in local documents provide for the procedure and methodology for price justification. Purchase from a single supplier is carried out in order to save on the procedure, so it is advisable to make a justification. but not necessarily in the Procurement Regulations.

According to the observations of lawyers, customers often include this in the Procurement Regulations. But this is not mandatory and remains at the discretion of the customer.

The information support of the purchase from a single supplier is exactly the same as for any other purchase. There is now a legislative initiative that calls for the abolition of the notice of purchase from a single supplier. The notice is advisory in nature. And since this is a procedure for direct conclusion of an agreement, the protocol and other information occupy a small amount. This is not a violation. When do you need to post a notice of purchase, that is, when do you need to demonstrate the openness of the procedure? The law does not regulate this. The order is in terms of competition and auction.

Reporting. There is monthly reporting and it is a conflict of law. Who needs it? This reporting does not give an idea of the picture of the procurement activities of the customer. The fact is that after reporting, the contract may be terminated and the statistics will be incorrect. Only the fact shows the statistics of customer satisfaction. There is a register of contracts and it is necessary to place all contracts in the EIS.

Examples of purchases from a single supplier

Purchases up to a certain amount
Urgent need for goods, works, services
Making an additional purchase
The procurement procedure was declared invalid
Procurement of services of subjects natural monopoly
Procurement of certain types of services (financial, educational, etc.)

It is impossible to do without purchasing from a single supplier. From the position of the FAS Russia, it is advisable to make such a purchase for a low-competitive market and for urgent purchases. Is it reasonable to use price ranges? Yes, this is not regulated anywhere, but given the practice, it is possible to set price ranges for all procurement methods.

Repurchase is a special situation. It shouldn't be used too often. It occurs if the contract has already been concluded, but the customer needs more. The classic case is construction. It can be like changing a contract. There is an additional purchase, which is necessary after the closing of the first contract. It can be written in the Regulations: "If the change of supplier is inexpedient, then the purchase of additional volume is made from this supplier as the only one."

A single provider also includes services. You can analyze the activities of the customer and determine the period when it is difficult for him to carry out competitive procurement(when, according to statistics, they are most often recognized as failed). It is necessary to conclude a contract for reimbursement of expenses.

The procurement procedure was declared invalid. There are 2 approaches here:

When the customer, in the presence of one application, concludes an agreement with its owner. In this case, the output of a single supplier does not work.
When the tender or auction did not take place, then the protocol is the basis for concluding an agreement with a single supplier as the sole participant in the tender or even some other.

Appealing a non-competitive procurement

Procurement from a single supplier is often recognized as a violation of Part 1 of Art. 17 of the Competition Law. However, orders are not issued, since the contract cannot be “destroyed” administratively. Purchasing from a single supplier results in a contract. Only the parties or the court can terminate it. Nothing can be done at the administrative level. But why such instructions are published is not clear.

This article says that it is impossible to give an advantage to some bidders, and put others in a discriminatory position. It does not say about the contenders for the contract, but here they are named certain types procurement.

The practice is motley and has little to do with the letter of the law. There are 3 points of view:

FAS (see above)
Accounts Chamber. Non-compliance with 223-FZ: determination of the sole supplier by the decision of the management, the only supplier is a subsidiary corporate structure, all purchases from a single supplier. All this is not a violation of the law, but entails a negative assessment regarding the spending of funds.
Courts. Challenging a Procurement: A Contradictory Approach. It is impossible to challenge the purchase from a single supplier (case No. А76-21718/2014). The law requires the customer to demonstrate how he will buy: the method of purchase and the conditions for its application. The law does not require anything else from the customer. Therefore, it is impossible to challenge such a purchase. How to determine the person interested in challenging? You need to understand why a person goes to court. In court, they usually seek protection of violated rights. If in statement of claim do not write how the satisfaction of the claim restores the violated rights, then the court will reject such a claim. The customer must prove and substantiate that the contract can only be executed by one supplier and no other (case No. A60-47219/2014). To whom does the customer have to substantiate and prove? There is an economic entity with needs. He satisfies this need. open way. The conclusion of the contract is instantaneous, so it is impossible to challenge it.

Questions from participants

Is it possible to set a purchase limit from a single supplier up to 600,000 rubles in the Procurement Regulations?

Answer: Yes, you can. The law does not set any limits on price ranges. It all depends on the amount of revenue.

Is information on procurement from a single supplier placed only in the Register of Contracts and the Procurement Register?

Answer: What is the "Register of Procurement" is unknown, but the contract itself is placed in the Register of Contracts, and the notice is published in the EIS.

Is it legal for the requirements of the higher management to conduct purchases (auction) for the repair of the roof of the preschool educational institution if the Regulation states that works and materials for overhaul can be purchased from a single supplier? Are they also obligated to hold an auction for the purchase of food products, although according to the Regulations it is possible to purchase from a single supplier? How to be in this situation? There is no experience of conducting competitive procedures.

Answer: The answer to the question depends on the wording contained in the Regulations. If it is written that “the customer can or is entitled to purchase from a single supplier in the following cases:”, then an auction can be demanded. There is a twofold answer here. Often, customers are required to report that it is impossible or impractical to conduct a competitive procedure. If it is written that “purchase from a single supplier is carried out in the following cases:”, then you can insist on a non-competitive procedure.

Is it possible with the help of e-mail operators trading platform post information about the purchase from a single supplier?

Answer: No, it is not possible. Information must be posted independently.

The method of simple procurement is considered non-competitive and can it be equated to a single supplier?

Answer: No one has the right to interfere with the will of the customer. If the customer places this method, then this is the norm. It is up to him.

If there were no competitive purchases, all purchases from a single supplier in accordance with the Regulations. What does it threaten?

Answer: It does not threaten anything. The main thing is that there is an exact correspondence with the Regulations.

There was a request for proposals and the purchase did not take place: not a single application was submitted. The regulation provides for the purchase from a single supplier. How long does it take to make changes to the Regulations, notice and conclude an agreement? Can I use another supplier agreement, change the terms of my agreement? Is it possible to increase the initial (maximum) price of a failed request for proposals if prices have changed?

Answer: In this case, it is not necessary to make changes to the Procurement Plan. There is a purchase in the Plan, only the method of purchase is changing. Also, the number of days between the protocol and the actual conclusion of the contract with a single supplier has not been established. Can the contract be changed? Yes, you can. Since with the recognition of the request for proposals as invalid, this is the very basis for the purchase from a single supplier. And this is a different procedure. The initial (maximum) price of the contract can be changed, if it is not prohibited by the Regulations.

Is it possible to set a purchase limit from a single supplier up to 700,000 rubles in the Procurement Regulations?

Answer: You can.

MAOU SOSH. Manages treasury budgetary funds, works only according to 223-FZ. What does it threaten?

Answer: Nothing. The work is going right. The municipal institution operates according to 223-FZ, with the exception of capital facilities according to 44-FZ.

Do I need to issue orders to make changes to the procurement plan?

Answer: Yes. The plan itself is legal when it is approved by the authorized person. There must be a certain act.

Will the Auction Bulletin be published?

Answer: And he did not stop going out. It has been released every Friday since 2012.

The Procurement Regulations provide for purchases from a single supplier up to 500,000 rubles. Is the law violated and can there be penalties?

Answer: There are no violations.

Does the Procurement Regulation under 223-FZ need to be posted on the website every year?

Answer: Most likely, the question is asked by an employee of a budgetary institution. In the usual case, the Regulation is approved once, it is later amended. The site reflects all versions, the old position. It can be changed many times. And budgetary institutions make a decision about their procurement regime once a year. It cannot be changed. This decision is supported by the owner. At the end of the year, a new decision is made with the publication of a new Regulation.

If a product / service is purchased in the amount of 3/5/7 thousand rubles and it is necessary for the prompt solution of working problems. then few of the suppliers participate in the auction. In such cases, is it optimal to purchase from a single supplier?

Answer: Yes, this is the negative side of competitive procurement. It depends on the behavior of the suppliers. Small purchases should be carried out in a light mode. If you strive for competition in everything, then you can lose the economy.

Will it be considered a departure from the purchase if the contract is concluded every quarter for the same product up to 100,000 rubles with a single supplier?

Answer: Perhaps the charge of splitting the purchase. The question arises: could the company predict that the product / service will be needed during the year? But such accusations can only be brought in court.

According to the Regulations, purchases from a single supplier include products of the same name in the nomenclature group “products up to 200,000 rubles per quarter”. Do I need to approve a list of products with the same name or can I navigate by OKDP 2 codes? What about the term "abuse of the right"? Purchasing from a single supplier according to the mayor's letter with subsequent practice in the Federal Antimonopoly Service.

Answer: Abuse of the right is a bottomless abyss. It must be understood that, in relation to the purchase, it is an object of judicial review. FAS may initiate proceedings.

During the internal audit, it was revealed that protocols were not drawn up when purchasing from a single supplier. The employees who were supposed to issue them have been fired. How do you get these protocols right?

Answer: No. Firstly, is there a remark about protocols in the Regulations? Secondly, an attempt to post the protocols on the site will be considered as an admission of guilt, and this will be posting information in violation of the deadline. In such cases, you can sit quietly. There is an administrative staff, but someone needs to identify it within the framework of the 1 year prescription.

Film distribution organization. The amount of the rental is opened only after the rental of the film. Usually all amounts are more than 100,000 rubles. A notice of purchase and a contract are published. The contract is an act of services performed upon the purchase. Is it legal? Should the organization add to the Procurement Regulations that the rental amount is already paid into the EIS after the fact?

Answer: Yes, the system does not allow you to make a purchase that is not in the plan. You can specify an approximate predicted rental fee, and then make changes to the price. And this applies not only to rentals. The price change is specified in the law.

Does a rental count as a purchase? Because money is in transit. Cinemas transfer 55%, the organization transfers 50%. The rest is 5% for business activities.

Answer: You need to look at the contract. If it is an agency fee, then it may be indicated that 5% is the amount of the agency fee.

Is it possible to make changes to the published Procurement Regulations and how?

Answer: Yes, you can. It is necessary to open a provision on the procedure for posting information. It is necessary to place the old version, a document with a list of changes and a new document of the Procurement Regulations. This takes 15 days from the date of approval of the changes to posting on the site.

The contract has not been signed, litigation is underway. How do I post it on the site?

Answer: There is no contract, nothing needs to be published. You can act on the order of the court. The court may point to retrospective application of the treaty.

Reporting. Contracts concluded as a result of procurement should include contracts with a single supplier. When automatically calculated in the UIS, such contracts are reflected as contracts concluded as a result of procurement from a single supplier, and contracts concluded as a result of procurement are not summarized. ?

Answer: Contracts with a single supplier must be summed up.

By public services contract with volumes should be new every year?

Answer: By agreement with the counterparty.

Are contracts with a single supplier required to be placed in the Register of Contracts? For example, monopolists. The amount of the contract does not exceed 100,000 rubles.

Answer: No, they are not required.

Federal public sector entity. Procurement is carried out according to 44-FZ. but at the moment there are extra-budgetary funds and purchases under 223-FZ. In 2011-2012, work on 223-FZ was carried out, there was an electronic platform. Is it necessary to re-register for 223-FZ, create a new Regulation, a new EDS, or is it possible to make changes to the Regulation?

Answer: Most likely, work on 223-FZ was carried out in 2012. You can revive your situation, but why are purchases made under 44-FZ?

Is it right to prescribe in the Regulations a conclusion on framework contracts without an amount for volumes and periods as purchases with a single supplier? Agreement for bank acquiring services. The amount under such an agreement will exceed 100,000 rubles.

Answer: Wrong. There is a special webinar on framework agreements under 223-FZ.

Do you need 2 commercial offer for each purchase from a single supplier? What regulation specifies this and are there any penalties for the lack of commercial offers?

Answer: This is not specified in any normative act. This can be regulated by the Procurement Regulations.

Municipal institution of culture. Work on 223-FZ and 44-FZ. Does the institution have the right to make purchases from targeted donations of the organization in accordance with 223-FZ from a single supplier?

Answer: No, donations are 44-FZ. Grants are transferred to 223-FZ, as a state contact contractor, and so on.

When a coach and athletes leave for competitions, can compensation for the train, meals and accommodation be considered separate contracts with a single supplier according to the advance report?

Answer: Yes.

State budget institution. Does it have the right to conduct a grant of up to 400,000 rubles as a purchase from a single supplier?

Answer: Yes. Grants can be given for specific performers.

The only supplier, counterparty, is determined by each manager. Is it possible?

Answer: Yes. But it is advisable that officials wrote memos with justification.

During the course of economic activity production and trade enterprises purchase of materials, components and supplies. 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, becomes:

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

purpose and methods

The situation in which the customer is forced to cooperate with only one contractor is approaching such a phenomenon as a "monopoly" with all its dangers and risks. With the help of a large number of different measures (legislative acts, regulations, rules, sanctions), the state in every possible way prevents this state of affairs. Procurement of a single supplier is, of course, not a crime in itself, but it is regulated by Law No. 223 “On Procurement” in order to exclude abuse and infringement of the rights of one of the participants in trade or partnership relations.

This law provides for the circumstances under which this type of purchase is allowed, the procedure for the subjects to act, the list of unscrupulous buyers and sellers, as well as the documentation of such transactions (including mandatory reports). Procurement under 223-FZ from a single supplier is also regulated by other laws that describe similar procedures. They apply to most situations in which participants in trade 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 a customer (that is, who makes purchases under 223-FZ from a single supplier):

Those organizations whose activities are related to regulated types (related to the field of electricity, water supply and others).
Enterprises that are more than 50% owned by the state.
Natural monopolies (enterprises producing and processing gas or oil).
Organizations that are financed from the budget, in the event that they plan to pay for the purchase with extra-budgetary funds (received grants, their own profit).

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 due to the absence of a complex procedure in which the customer selects participants to sign the contract. There is also no need to draw up 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 of 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 purchases are carried out extremely quickly, but the deal 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 state institutions that resort to procurement on a contract basis.

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

When is it acceptable to purchase from a single supplier?

The law includes a list of situations that can 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, it can no longer be called an auction, since there is one bid or bid for work.

However, if only one participant showed activity (there were no other applicants or their applications did not pass the test), 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 emergency at the customer's enterprise, which provoked a non-competitive purchase, as well as a lack of time to organize traditional tenders.

What does preparation for a contract include?

The purpose of the preparation phase is to select the executing organization. V 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 performer who is available at the moment.

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

A report that it is inappropriate to carry out the purchase in another way.
Calculation of prices and formulation of justification.
Appeal necessary for the purchase to be approved.
Contract project.

The use of all these documents is not mandatory in 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 supervisory authority. 44-FZ "On Procurement" does not contain an indication of the form and detailed content of this document, therefore, it often reflects the following data:

The code assigned to the purchase.
Who is the customer.
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 term of the contract are also important. All of these points must be justified.
Date of the contract.

Example for illustration

Most often, examples of purchases from a single supplier are an order for equipment instead of a failed one or an urgent hiring of contractors to repair damage.

If a problem with electrical wiring leads to a breakdown of electronic equipment and computers in the 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 at the same time, the report will contain data on how many new computers will be purchased (as many as suffered from a malfunction), at what price and how much they will cost to deliver, install and configure.

How is the value of a contract 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 in the case of competitive procurement: by the method of comparable market prices, by the regulatory, tariff, design estimate or cost method.

The law provides for an exception:

Purchase for the purpose of ensuring the state defense order.
The situation when 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, considers and approves the justifications set out in the documentation.

Why is it necessary to publish information about the transaction?

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

However, you cannot publish information that is classified as secret. As a rule, data on the parties involved, the subject and conditions of the contract are laid out in informational portal on the Internet.

How is the contract concluded

There are two forms of contracts that are used in 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 utility services become the subject of bargaining.
In situations of procurement for organizations of medicine, culture, sports or for the state apparatus.

The use of a simplified contract form allows subjects to choose almost any type of contract specified in the Civil Code of the Russian Federation. In this case, the agreement may 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 should understand that the examination becomes an integral stage in the acceptance of goods. It is carried out in the vast majority of cases. To do this, they invite third-party specialists or manage on their own.

Expertise is not needed in some cases:

If services are the subject of the purchase expert organizations or private experts.
For small quantities.
If the result of the work has already passed the examination (the construction project or other result of engineering surveys must be evaluated by experts).

Upon the execution of the contract, a report is drawn up and published in a single information system. Its content includes basic data and information. Also, documents used in the preparation of the transaction must be attached to it.

OOS, EIS) by the provision on the purchase of the customer, which is the fundamental document regulating the procedure and rules for organizing the procurement process. Law No. 223-FZ, unlike 44-FZ, does not strictly regulate the procurement activities of subjects subject to it, but only establishes certain limits. Also, in 223-FZ there is no division of procurement methods into competitive (with bidding, for example, a tender; without bidding, for example, a request for proposals) and non-competitive (purchase from a single source). The current legislation does not fix an exhaustive list of trade and non-trade methods of procurement, in accordance with 223-FZ (part 3, article 3), the customer is given the opportunity to prescribe any methods of procurement in his position. At the same time, it is mandatory to reflect in the provision on the purchase of a tender and an auction, although the law does not require customers under 223-FZ to make purchases by these methods.

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 (for timely satisfaction of needs) without bidding. Law No. 223-FZ provides for such a non-competitive method as purchasing 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 a single information system:<…>2) information on the number and total cost of contracts concluded by the customer based on the results purchases from a single supplier (executor, 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 provision approved and properly placed on the CAB, the customer, at his discretion, indicates cases of procurement of goods, works and services from a single supplier. However, the customer should not abuse this right, since the complete rejection of competitive procedures in favor of a single source is a violation of the law and may raise questions from regulatory authorities.

Sole source (supplier, executor or contractor) ) - a person with whom the customer enters into a contract without competitive procurement procedures.

Purchasing from a single source:

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 a contract 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 of funds, especially during the economic crisis, when it is especially important for the customer not to waste money, since the offer of that very “single” supplier may not be the only one on the market, and may even be less preferable than the offer of another supplier (example: Decision of the Khanty-Mansiysk OFAS dated February 10, 2014 No. 05-06-023-2014). Then the second source may have such questions: how and in connection with what the decision was made to conclude an agreement with this or that supplier and to what extent it 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 Federal Antimonopoly Service, in case of questions from their side, it is better to tactfully give answers explaining the reasons for purchasing from a single source (with references to the clauses of the procurement provision).

Purchasing from a single source:

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

The customer has the right not to place in the unified information system (on the CAB) information (notice, procurement documentation and draft contract) on the procurement of goods, works, services, the cost of which does not exceed 100 thousand rubles. 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 EIS 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 expediency of conducting competitive trade procedures disappears.

The Procurement Law does not regulate the price threshold for procurement from a single source, the customer does this independently in the procurement regulation, guided by the provisions of Art. 2 Laws. If the procurement regulation provides for the possibility of purchasing goods, works, services from a single supplier for an amount, for example, up to 250 thousand rubles, then information about such purchases, if they exceed 100 thousand rubles, and the customer’s annual revenue for the previous year does not exceed 5 billion rubles , should also be published in the EIS.

Direct purchases from a supplier (contractor, performer) up to 100/500 thousand rubles, the customer has the right not to include in the procurement plan, but information about them is displayed in the monthly report and semi-annual report for Rosstat (provided on the approved form to the territorial authority Federal Service state statistics).

You should know that….

Based on Government Decree No. 616 “On Approval of the List of Goods, Works and Services Procured in Electronic Form”, the purchase of goods, works and services included in the list approved by this Decree is not carried out in electronic form if the purchase is carried out from a single supplier (executor, contractor) in accordance with the Procurement Regulations provided for in Article 2 of Law No. 223-FZ.

Price threshold for purchases from EI

When setting a price maximum (prescribed in the procurement regulation), 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 unreasonable 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 of the procurement;
the absence of restrictions on the admission of participants to the procurement by establishing immeasurable requirements for them.

An excessively high price threshold for direct purchases from a single source without consideration of competitive bids should not be specified, as these actions may raise questions from suppliers and the regulatory authority. In order to avoid disputes, the customer must strictly follow the letter of the law, not violate the principles of 223-FZ. On the other hand, in practice, such situations are possible when the organizer of the auction begins to “split up” large purchases, concluding a large number of contracts for the supply of the same goods (works or services) in order to avoid competitive procedures. There is no direct prohibition on such splitting of purchases in 223-FZ, but such actions violate the principles of the procurement process. Therefore, the customer, having determined the need for goods (works or services), first conducts a competitive procurement procedure, selects the most acceptable offer in terms of price and quality, and concludes 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 from a single source without additional competitive procedures.

Single Source Procurement Protocol Example

ON THE LETTERHEAD OF THE ORGANIZATION

PROTOCOL

Commission meetings

G. …. (insert title)

The composition of the single commission:

Commission Chairman:

Surname, name, patronymic position

	Commission members:
	Full Name	Position
	Full Name	Position
	Full Name	Position
	Full Name	position
5.	Full Name	position

All members of the commission are present at the meeting. There is a quorum for making 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 by (name of the customer) due to the lack of applications, the commission, having studied the market for the supplied goods,

MADE A DECISION:

Conclude an agreement for the supply of AI-80 gasoline with a single source (based on the clause ... of the Regulation 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 term of the contract is from 03/15/2015 to 12/31/2015.

The decision was taken unanimously by all members of the commission present.

Commission Chairman:

Surname, name, patronymic signature

	Commission members:
	Full Name	Signature
	Full Name	Signature
	Full Name	signature
	Full Name	signature
5.	Full Name	signature

How to view the protocol on the OOC?

After the customer publishes the protocol on procurement from a single source at the CAB, this information becomes available for public review.

To view information about the protocol, you need to find the desired purchase, then two options are possible:

1) in the "protocols" section, using the functionality of the site, select the parameter « printed form» or "view".

If it was chosen "print form", then the screen will display information about the protocol, namely:

Purchase name;

Procurement method;

Information about the customer (name, location, postal address);

Date of signing;

Subject of the contract;

Initial maximum price;

Information about the absence of applications.

If was chosen "view", then the site will present for review

General information:

title;
the basis for the formation of the protocol (number of the notice with the date);
information about the protocol (date of signing);
Additional Information;

Information about applications (zero);

Documents (uploaded file with a graphic view of the protocol).

2) In chapter "documentation", which displays the name of the document, the date of creation, the name of the file and its size. To get acquainted with the protocol (in graphical form) by clicking on its name.

It should be noted that the current protocol (current) will have a mark - “the current version of the protocol”. If the customer has made changes to the protocol, then the current version of the protocol and the invalid one will be posted on the procurement website.

Procurement documentation example

Purchasing from a single source

(the customer can place the procurement documentation form in the procurement regulations)

SINGLE SOURCE PURCHASING DOCUMENTATION

Supply of AI-80 gasoline

*No. p / p*	*Item name*	*Explanatory text*
	quality requirements, technical specifications goods, works, services, their safety, functional characteristics (consumer properties) of goods, dimensions, packaging, shipment of goods, results of work and other requirements related to determining the conformity of the goods supplied, work performed, services provided to the needs of the customer	Delivery (product name) *Quality requirements:* Compliance with the current indicators of GOSTs
	Requirements for the content, form, execution and composition of the application for participation in the procurement	Not installed
	Requirements for the description by procurement participants of the supplied goods, which are the subject of procurement, its functional characteristics (consumer properties), its quantitative and qualitative characteristics, requirements for the description by procurement participants of the work performed, the service provided, which are the subject of procurement, their quantitative and qualitative characteristics	Not installed
	Place, terms of delivery of goods	Delivery time - from 03/15/2015 to 12/31/2015. Delivery is carried out at the request of the customer (indicating the quantity of goods and delivery address)
	Information about the initial (maximum) contract price (lot price)	Not installed
	The procedure for the formation of the price of the contract	The price is formed on the basis of monitoring the market of the relevant product (works, services)
	Procedure, place, start date and end date of the deadline for filing applications for participation in the procurement	Not installed
	Form, terms and procedure for payment for goods, work, services	Payment is made by the Customer on a monthly basis, according to the actual expense, by non-cash transfer of funds to the Supplier's settlement account with a deferred payment
	Requirements for procurement participants and a list of documents submitted by procurement participants to confirm their compliance with the established requirements	Not installed
	Forms, procedure, start date and end date for providing participants in the procurement of clarifications of the provisions of the procurement documentation	Requests for clarification of the provisions of the documentation are not accepted, clarifications are not provided (unless otherwise provided by the Procurement Regulations)
	Place and date of consideration of the proposals of the procurement participants and summing up the results of the procurement	The proposals of the procurement participants are not considered, the results of the procurement are not summed up. This procurement method is non-competitive.
	Criteria for evaluation and comparison of applications for participation in the procurement	Not installed
	The procedure for evaluating and comparing applications for participation in the procurement	Not installed

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

Deadline, procedure and place for submission of 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;
The 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 purchase, etc.

The notice and procurement documentation must be accompanied by draft agreement concluded with a single source (if provided for by the procurement regulation). In the draft contract, the customer indicates the subject of the contract, the delivery time (performance of work, provision of services), the quantity of goods (scope of work, services), the payment procedure, the responsibility of the parties, the duration of the contract and other conditions.

According to 223-FZ, if during the conclusion and execution of the contract the volume, price of the purchased goods, works, services or the terms of the contract are changed in comparison with those specified in the protocol drawn up on the basis of the results of the procurement, within ten days from the date of the amendment to the contract in The UIS contains information about the change in the contract indicating the changed conditions.

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

1. The customer needs through Personal Area using the EDS, go to the closed part of the official website and select the purchase from a single supplier (executor, contractor) in the procurement register, indicating this method of procurement and clicking "select". Thus, the customer proceeds to the formation of a notice of purchase.

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 for this procurement (last name, first name, patronymic), as well as make an appropriate note in the requirements for procurement participants about their absence in the register of unscrupulous suppliers (this information is not mandatory for filling out ). To ensure that the information is not lost, you should click "save" each time.

3. After the general data on the purchase is filled in, the customer proceeds to the formation of the lot by clicking on the green cross “add lot”.

The functionality of the site provides for the indication of the place of delivery: various places for the delivery of lots and a single place for the 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 specify a specific delivery address (indicating the federal district and region). After clicking the "OK" button, this information will be saved.

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

5. After filling in the information about the lots, the customer proceeds to the documentation. Information about the provision of documentation is not mandatory. The customer needs to attach one or more files, to do this, click "browse", select the required document and click "attach". Attached files will display the uploaded document.

If suddenly the customer mistakenly uploaded the wrong file, then he can delete it (click the red “delete” cross) and re-place the corresponding document. It should be noted that the notice is generated automatically in the form of a printed form and it is not required to attach it as part of the documentation. When publishing, the printed form, documentation files and the draft contract will be automatically signed by the user's EDS.

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 errors were made by the customer during the formation of information, the functionality of the site will notify him of this, giving him the opportunity to either continue the publication or cancel it in order to correct it.

Each time before placing procurement data on the official website, the customer should not forget that the publication of information on the official website is a legally significant action that entails responsibility for the information signed by the EDS. Therefore, the functionality of the site provides the ability to warn the customer about this.

6. After the publication of information on the official website, procurement from a single source will be at the stage of work of the commission, bypassing the stage of filing applications, since this type of procurement is non-competitive and does not provide for the submission of applications by participants. Among the purchases placed by the customer, select the purchase from a single source, then use the triangle on the right to navigate to the details of the purchase.

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

8. After filling general information about the protocol in competitive procurement, the customer usually fills in data on submitted bids. When purchasing from a single source, this action is not performed, click "next".

9. Now you need to download Required documents. Using the "Browse" button, select the desired file with the protocol, attach it. If the customer uploaded the wrong protocol, then using the "delete" button, you can remove junk file and attach the appropriate one for this purchase. Click on the button “complete the formation of the protocol”.

10. The "Protocols" tab will display unpublished data about the created protocol. Now select the "publish" action. The protocol is signed with an EDS and posted on the official website.

11. If the customer decides to cancel the protocol, then he should, using the functionality of the site in the "protocols" tab, select the item to cancel the protocol, fill in the required fields: date of the decision to cancel, reason for canceling the protocol (for example, it was mistakenly uploaded that protocol). Next, you should upload the desired file, attach and publish using the digital signature on the procurement website.

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

14. If the procurement regulation provides for the posting on the official website of information on the refusal to conduct a procurement (in this case, procurement from a single source) and the customer has decided to refuse to conduct the procurement procedure, a document containing information on such a refusal is published on the official website . To do this, in the closed part of the procurement site, you should find necessary purchase, in the "changes and clarifications" section, select the "refusal to purchase" tab and click the "generate notice of refusal" button.

15. Now you need to publish the mandatory information about the refusal to conduct the purchase: indicate the date of the decision, write down the grounds for the decision, then attach the desired file and publish it using a digital signature on the official procurement website. If necessary, the customer has the right to place, along with the document containing information on the refusal to conduct the procurement procedure, other electronic modes documents containing, among other things, a decision to refuse to carry out the procurement.

Increasingly, experts in the field of procurement are raising the question of the inappropriateness of posting information on procurement from a single source in the EIS. If such a norm is enshrined in law, then the customer will not have the obligation to publish information on the purchase from a single supplier on the procurement website.

What are the pros and cons of buying from a single source?

(cases when the customer uses this method are displayed by him in Regulations on the Procurement of Goods, Works and Services)

- The customer has the right to conclude an agreement with the only source with which he had a positive experience of cooperation in the past - Minimum probability of disruption of the procurement procedure due to technical problems - The customer does not prepare terms of reference, procurement documentation for the implementation of the procurement procedure -Purchasing from a single source takes less time (in this case, participants do not submit bids) compared to competitive procurement methods.	*«-»* -Unlike competitive procurement, the customer does not have the opportunity to choose the most acceptable conditions for the execution of the contract, which the participants offer in their bids. There is a big risk of purchasing goods (works, services) at an inflated price. - When the purchase is split into smaller ones, the customer has paperwork when concluding a larger number of contracts, and confusion among the papers is also possible in the future. - Regulatory authorities may have questions about the legality of using this method of procurement, since collusion or agreement with potential suppliers is possible, and this, in turn, is a violation of the principles of the procurement process under 223-FZ. - By making a large number of purchases from a single source, the customer makes fewer and fewer competitive purchases, large purchases are thus "split" into smaller ones, which is a restriction of competition and a violation of the principles of the procurement process under 223-FZ. - By avoiding competitive purchases, the customer thereby affects the development of the economy as a whole. Competition provides conditions for the development, expansion and improvement of production, stimulates price reduction, gradually the most reliable suppliers, contractors, contractors offering quality goods, works or services at the most favorable price for the customer.