Non-competitive - purchases from a single supplier (contractor, performer). Non-competitive - purchases from a single supplier (contractor, performer) Contracts over 400 thousand rubles
Rules for the formation of a plan for the procurement of goods (works, services) approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932 (hereinafter - Rules N 932), information on the proposed acquisitions from sole supplier included in the procurement plan. An exception here may be purchases worth up to 100 thousand rubles. - in accordance with paragraph 4 of Regulation N 932, an autonomous institution has the right to decide for itself whether or not to include purchases of insignificant value in the specified plan. The formation of a notice and documentation on the purchase from a single supplier also has its own characteristics. This method of procurement does not imply the presence of some of the information listed in parts 9, 10 of Art. 4 of the Federal Law N 223-FZ. Therefore, according to the Federal Antimonopoly Service, as set out in Sec. 9 Letters N IA / 44025/12, the customer should not indicate this information in the notice and procurement documentation.
Purchases under 223 fz - useful information
In turn, the justification should include information about the reasons for the interest in a particular product, the need to purchase it from a particular supplier, as well as economic justification contract prices. The second approach involves the differentiation of procedures for determining a single supplier, depending on the cost of the purchase (up to 100 thousand rubles).
rub. and higher).
If the price of the contract is low, it is concluded without any preliminary procedures. If the value of the contract exceeds 100 thousand rubles. - in the relevant section of the procurement regulation, the sequence of actions of the customer is indicated, among which there may be a rationale for making a decision, market research, involving the candidacy of a supplier of the procurement commission, development of a notice and procurement documentation, etc.
What to include in the procurement plan and documentation? By virtue of par.
Is it possible to buy everything from a single supplier under 223-FZ?
Direct purchase is carried out according to certain rules. The procedure and regulated terms are given in the table. Stage of direct procurement Scheduled period Basis Publication of the notice on the ongoing procedure, as well as the draft contract and other required documents in the EIS In accordance with the procurement regulation Part 5 of Article 4 Adding information on procurement to the plan or correcting previously entered information The procedure is determined by the procurement regulation of a specific customer Making adjustments to a published notice or other documentation No more than three days from the date of the relevant decision Part 11 Article 4 Publication of clarifications of the notice, contract or other documents Within three days from the date of the decision to provide clarifications Part 11 of Article 4 Direct purchase is the fastest and easiest way to get the necessary goods and services.
Conclusion of contracts up to 100,000 and up to 400,000 rubles
Thus, if you purchase the same or similar (certain generic characteristics) goods under one contract, also from the same counterparty, for a short time the total price of all purchased goods should not exceed 100,000 rubles for the entire volume in during the term of the contract. At the same time, Law No. 223-FZ does not contain a ban on the conclusion of several contracts (“splitting” of contracts), however, if such an approach is applied without objective reasons for the impossibility of procurement, your actions may be regarded as restricting competition.
In the provision on procurement for 223 fz, change the cost from 100,000 thousand to a million
Federal Law N 44-FZ: the total annual volume of purchases from a single supplier, carried out in a certain price range, should not exceed 5% of the amount of funds provided for all customer purchases in accordance with the schedule, and 50 million rubles. in year. The procedure for determining the sole supplier According to Part.
3 art. 3 of Federal Law N 223-FZ, in the procurement regulation, the procurement procedure must be determined by all the methods indicated in this document. That is, the procedure must also be prescribed in relation to the purchase from a single supplier.
Note! If the procurement regulation approved and posted on the official website does not regulate certain types of purchases of the customer, in relation to them the procurement provision is considered not posted in the manner established by Federal Law N 223-FZ (Sec.
Fragmentation of purchases: how to break a large government order into several small ones
According to the developers of this bill, purchasing from a single supplier (contractor, performer) is a non-competitive way, therefore, compliance by the customer with the requirement to publish a notice and procurement documentation on the official website is formal. Conclusion In order to be able to take full advantage of such a method as purchasing from a single supplier, an autonomous institution should carefully consider the relevant section of the procurement clause.
Attention
Here you need to list the types of purchases made from the specified supplier, as well as establish the procedure for determining it. Failure to include certain grounds in the procurement regulation may result in the imposition of a fine or the need to apply the provisions of Federal Law N 44-FZ in relation to this procurement.
Purchases from a single supplier within the framework of federal law n 223-f3
According to 223-FZ, cases of EP are not strictly regulated and are indicated in the procurement regulation. Thus, the customer often comes to the conclusion that it is expedient to break a large purchase into small ones and conclude separate contracts with the supplier for one object, which means splitting. Examples Reasons for downscaling may include:
- The need for accelerated delivery of goods, performance of work. As it often happens, the deadlines are simply “burning” and a specific result is required by a certain date. For example, delivery New Year's gifts for the needs of an educational organization in the amount of 500,000 rubles. Not later than December 31, students must receive their gift, and the customer, who has not organized the auction procedure in advance, may decide to conclude two contracts in the amount of not more than 400,000 rubles.
Forum about public procurement and tenders good-tender
When considering the issue of the total price of the contract, it is necessary to proceed from the fact that the purchase of goods, works, services in your case is carried out under one contract, therefore the amount of a one-time payment under such a contract does not matter. Moreover, even making payments in the amount of not more than 100,000 rubles under separate agreements or without agreements (on accounts) may indicate a violation of the law, since such transactions can be recognized as interconnected, that is, in fact, one transaction.
With certain reservations, the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of May 16, 2014 N 28 “On Certain Issues Related to Challenging big deals and transactions with interest”, according to paragraphs. 4 p.
Important
Procurement from a single supplier (performer, contractor) is one of the most common procurement methods used by executors of the Federal Law of July 18, 2011 N 223-Ф3 “On the Procurement of Goods, Works, Services certain types legal entities" (Further - the federal law N 223-F3). Thanks to this method, customers can quickly purchase certain goods, works, services that have a low cost or specific characteristics.
What to Consider autonomous institutions when using this method? Legal basis Federal Law N 223-F3 and by-laws contain little mention of such a method as purchasing from a single supplier. For example, in part 3 of Art.
Is it possible to conclude contracts for 223 ap up to 400,000
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Author: Cherdantseva Tatyana November 24, 2017 It is up to the customer to make a single large purchase or to carry out several small orders for one object. Consider the main factors influencing the choice. Is it possible to “unbundle” an order without violating the provisions of the law? Artificial splitting of purchases under 44-FZ and 223-FZ is a deliberate and intentional breakdown of the cost of an individual order into several contracts, provided that the customer knows in advance the need for such products or work for the planned period, and there are no technological or economic nature, which do not allow one procedure to purchase the entire volume of required goods, works, services. We will analyze the procedure for splitting purchases according to 44-FZ, responsibility for violations when choosing a procedure.
Is it possible to conclude agreements under 223 fz up to 400,000
In particular, the relevant section of the document may reflect the specific needs of the customer (procurement of services for creating a work of art, removal and disposal of medical waste, production and (or) placement of promotional materials), as well as intentions to maintain existing relationships with existing suppliers and performers (purchases when changing the supplier is impractical, additional purchases, extension of a previously concluded contract, conclusion of civil law contracts with individuals for the use of their personal labor). Among the grounds for purchasing from a single supplier is the need to purchase goods, works, services listed in Resolution N 616.
Any government customer from time to time has to make purchases for small amounts. In some cases, their volume is so small that competitive bidding is considered irrational from an economic point of view. Therefore, the legislator allows small purchases under 44-FZ from a single supplier.
In this situation, a number of legislative norms work.
Small purchase procedure
Small purchase procedure can be made only if the contract value is not higher than 100 or 400 thousand rubles. The value of the price limit directly depends on the subject of the purchase, the form of its organization, the scope of activities and the annual value of purchases. All grounds for making such purchases are detailed in paragraph 4.5 of Part 1 of Art. 93 44-FZ.Reasons for a small purchase
The basis for the purchase from a single supplier in the amount of less than 100 thousand rubles is absolutely every customer. At the same time, only certain types organizations. But let's talk about everything in order.So, with regard to small purchases, restrictions on their limits on annual volume come into force. Under the law on contract system There are two options for calculating the maximum possible volume:
- in the amount of not more than 2 million rubles per year;
- for an amount not exceeding 5% of the total annual financial volume of the enterprise's purchases.
Thus, for a company with a large turnover, the second calculation option is much more profitable and convenient, while the rest are better off choosing a fixed limit of 2 million rubles.
We are moving on to purchases from a single supplier for amounts up to 400 thousand rubles. A limited number of customers have the right to conduct them. Among them are only municipal and state organizations:
- cultural and educational institutions;
- parks, zoos, reserves, botanical gardens;
- theaters, museums, concert organizations, planetariums, circuses;
- palaces and houses of culture, clubs;
- archival and library institutions;
- organizations associated with television and radio broadcasting that have state or municipal funding.
The calculation principle remains the same: the annual volume does not include contracts concluded, but contracts paid for the current period.
Small Volume Procurement Procedures: Exceptions and Limitations
Procedure for making small volume purchases includes certain exceptions.For example, when purchasing from institutions in the agricultural sector, limits are not calculated. This norm is fixed by paragraph 4 of part 1 of Art. 93 44-FZ.
In addition, federal executive authorities may be guided by special provisions when making small purchases. For them, restrictions on the annual volume of purchases up to 100 thousand rubles are calculated in a separate order.
Finally, it's worth mentioning that some customers see allowing small purchases from a single supplier as an opportunity to avoid bidding or even outsource contracts directly to "their" firm. To do this, they use artificial splitting of contracts, breaking one expensive lot into many 100,000-strong contracts and concluding all of them with one organization. Such an action can be qualified as a sham transaction, which is an administrative offense and is punishable in accordance with Part 1.2 of Art. 7.29 of the Code of Administrative Offenses of the Russian Federation.
If you encounter such violations by government customers, you should immediately report them to the Federal Antimonopoly Service. Don't know how to properly file a complaint or submit it? Our experts will be happy to help you. Together with you we will make the tender market competitive and transparent!
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A simplified form of supplier identification - purchase from a single supplier - may be available when purchasing goods for a certain amount. This rule is found in two paragraphs of Article 93 of Law No. 44-FZ (paragraphs 4 and 5), which regulates purchases from a single supplier.
From the article you will learn:
- who is covered by the purchase of up to 400 thousand rubles from a single supplier;
- how to make a purchase of up to 400 thousand rubles from a single supplier;
- institutions of which fields of activity can participate in the procurement;
- price limits and categories of customers;
- procedure for purchasing up to 400 thousand rubles from a single supplier.
A simplified form of supplier identification - purchase from a single supplier - may be available when purchasing goods for a certain amount. This rule is found in two paragraphs of Article 93 of Law No. 44-FZ (paragraphs 4 and 5), which regulates purchases from a single supplier. Moreover, if paragraph 4 of Art. 93 (purchases up to one hundred thousand rubles) is available to all customers, then paragraph 5 of Art. 93 (purchases up to 400 thousand rubles), in addition to price restrictions, a certain circle of users also establishes.
Paragraph 5 of Art. 93 of Law No. 44-FZ allows you to use the services of a single supplier at a purchase price of up to 400 thousand rubles. Additionally, the law limits the annual volume of purchases that can be made on the basis of this paragraph: their total amount should not exceed fifty percent of the total annual purchases of the customer and should not exceed twenty million rubles per year.
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Chief Editor
magazine "Goszakupki.ru"
What documents need to be prepared for each basis of purchase from the supplier
Each single-supplier item in our hint table is a separate purchase reason. For each item on the left, we indicated what needs to be done, and on the right - what is optional. With a live table of hints, you do not need to scroll through a long list, but you can open only those items that interest you.
From the article
The action of paragraph 5 of Art. 93 of Law No. 44-FZ applies to several categories of customers, and all of them are somehow united by the field of activity: cultural, educational or leisure. We list them separately.
- State or municipal cultural institutions. They can exercise the right to purchase from a single supplier on the basis of paragraph 5 of Art. 93, if in their work they preserve, use and promote cultural heritage sites. These goals should be spelled out in the charter of the institution.
- A number of government or municipal institutions a specific form - a zoo, a planetarium, a park of culture and recreation, a nature reserve, a botanical garden, a national park, a natural park, a landscape park, a theater, an institution specializing in concert activities, a television or radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture , club, library, archive.
- State or municipal educational organization.
So, for customers of the first category, clause 5 of Art. 93 contains additional condition for the purchase from a single supplier, is, paraphrasing paragraph 5 of Art. 93, preservation of cultural heritage. And what is meant by this, explains the Decree of the President of the Russian Federation No. 808 of December 24, 2014 "On approval of the Fundamentals of State Cultural Policy."
The above Decree gives a direct definition of "preservation of cultural heritage" - it is "ensuring the physical safety of objects of material cultural heritage, collecting, documenting and studying objects of intangible cultural heritage, involving objects of cultural heritage in cultural and scientific circulation."
From this definition it follows that to use the basis of paragraph 5 of Art. 93 of Law No. 44-FZ, customers from the first category can purchase from a single supplier, who not only take care of tangible objects of cultural heritage, but also take care of intangible objects. And these are institutions that support the preservation of the languages of small peoples and dialects, traditions, customs and beliefs, folklore, traditional ways of life of peoples, nationalities, and ethnic groups, preserving the literature that arose on the territory Russian Federation, musical, theatrical heritage and cinema, and even a unique system for training creative personnel.
In order to identify a supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, tender, request for quotation, request for proposals.
a report with the justification of the contract price and the impossibility or inappropriateness of using other methods of determining the supplier.
As a note, we add that, subject to the conditions of paragraph 5 of Art. 93 of Law No. 44-FZ, even if the object of procurement is on the list of goods, works and services that should be purchased only through electronic auction, the customer has the right to purchase from a single supplier.
The law on the contract system gives customers the right to purchase from a single supplier if the contract amount does not exceed 100 thousand rubles. In the article, we will consider who this rule applies to and how to apply it.
Cases of small purchases from a single supplier
A small purchase from a single supplier - up to 100,000 and up to 400,000 rubles - is an easy way to make a purchase without long and complicated procedures.
However, such purchases are subject to great restrictions (clause 4, part 1, article 93 of Law 44-FZ).
Purchases of goods, work or services from a single supplier for an amount not exceeding 100,000 rubles are allowed, provided that the annual volume of such purchases:
- does not exceed 2 million rubles;
- does not exceed 5% of the customer's total annual purchases and does not exceed 50 million rubles.
At the same time, the rule applies for state or municipal educational organizations, cultural institutions, the statutory goals of which are the preservation, use and promotion of cultural heritage, as well as other state or municipal institutions, namely: a zoo, a planetarium, a park of culture and recreation, a nature reserve, a botanical garden, a national park, a natural park, a landscape a park, a theater, an institution carrying out concert activities, a television and radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture, a club, a library, an archive (clause 5, part 1, article 93 of Law 44-FZ).
Such customers have the right to make purchases from a single supplier for an amount not exceeding 400 thousand rubles each. At the same time, the annual volume of such purchases should not exceed 50% of the total annual purchases of the customer and should not exceed 20 million rubles.
These two rules (“100,000” and “400,000”) complement each other, that is, a customer, for example, a library or a school, has the right to purchase goods, works, services from a single supplier for 100 thousand rubles, say, for 2 million rubles and at the same time, also make half of all their purchases from a single supplier for 400 thousand rubles. (no more than 20 million rubles in total).
Who benefits from small purchases
There are cases when there are no restrictions on the use of "small" purchases. To meet municipal needs rural settlements it is possible to make purchases in lots up to 100 thousand rubles. inclusive from a single supplier without restrictions.
Small Purchase Report
In the case of "small" purchases, Law 44-FZ exempts customers from the obligation to:
- justify in a documented report the impossibility or inappropriateness of using other methods of determining the supplier, except for the purchase from a single supplier, as well as the price of the contract and other essential terms of the contract (part 3 of article 93);
- include the calculation and justification of the price in the text of the contract (part 4 of article 93);
- reflect the results of a separate stage of the execution of the contract, information about the delivered goods, the work performed or the information provided in the report (part 9 of article 94).
