Purchasing from a single supplier is the second most popular way to identify a supplier. More than a quarter of all government contracts in 2017 were concluded with a single contractor. From the article you will learn how the procedure for concluding a contract will change, what both government customers and participants should prepare for.
The Ministry of Finance has prepared a draft law that will change the rules. When the adjustments come into effect, the government customer will take fewer steps before signing a government contract with a single supplier. Thus, there will be more opportunities to determine the winner in a non-competitive way.
Purchasing notice is a thing of the past
The bill establishes that the customer will stop placing a notice of public procurement from a single supplier due to the redundant nature of this procedure. The new rules will apply to purchases on the basis of clauses 1-3, 6-8, 11-14, 16-19 of Part 1 of Article 93 of the 44-FZ.
In different types of purchases - different rules numbering:
- Purchases under 44-FZ are first published in the UIS, so the number in the UIS and on the ETP is the same. For example, this purchase has the same number on Sberbank-AST and in the UIS.
- In purchases under 223-FZ, there are usually 2 numbers - a number in the EIS and a number assigned by the ETP. For example, this purchase on OTS.ru has two numbers: No. 4249235 (with OTS) and No. 31705574458 (with UIS). In Kontur.Purchasing, you will have a number with a UIS.
- At commercial purchases only, which was assigned by the ETP.
Identification code (number) of the purchase, or IPC
Contract number on paper
In competitions, quotations, requests for proposals and with a single supplier, contracts are concluded on paper. The contract number is assigned by the customer in accordance with the internal register of contracts.
Government Contract Identifier, or GCI
The code is formed by federal, autonomous or regional customers who pay for purchases from the federal budget or enter into contracts with treasury support. The identifier is used to link the contract and settlements on them.
The procedure by which the IGK is formed on treasury support is established in the order of the Treasury of Russia dated March 20, 2017 No. 9n. ICG is a twenty-digit digital code that the customer assigns after the formation of an entry in the register of contracts and which remains for the entire duration of the contract.
The digits from the first to the 19th are similar to the register number of the contract (or the digits from the ninth to the 27th entry number in the register of contracts with state secrets). The 20th digit is the identifier of the register of contracts. If this is a regular registry, put "0", if the information in the contract is a state secret, put "1".
Customers also indicate ICG in all additional agreements, payment and settlement documents.
What is important for a supplier to remember?
Purchase winners from July 1, 2017 must indicate this identifier in invoices and other documents that are issued to the customer. The corresponding amendments appeared in Article 169 of the Tax Code and in the form of an invoice - a line with an identification code was added to the document template.
Purchasing from a single supplier is a non-competitive form of determining a supplier (contractor, performer), in which the latter is selected without a formal selection procedure. That is, the customer can simply offer to conclude a contract with a specific supplier or accept an offer from a specific supplier.
Such a scheme of interaction between the customer and the supplier has a number of obvious advantages for each of the parties:
- the supplier is guaranteed to receive a contract;
- the customer receives a guaranteed reliable supplier;
- the risk of violation of the contract execution process is minimal;
- the procedure is simple and convenient for everyone, it does not require large labor and time costs.
There are also disadvantages. This may include:
- lack of competition entails a minimal price reduction;
- for obvious reasons, this type of procurement always attracts increased attention from supervisory authorities.
Of course, customers can not always carry out such purchases.
To do this, they must have clear grounds that are enshrined in law. There are many such grounds, we will consider the most popular of them using the example of two main federal laws in the field of procurement - 44-FZ and 223-FZ.
|
223-FZ |
|
|
|
According to 44-FZ, a complete list of such grounds is contained in Art. 93, according to 223-FZ - in the Procurement Regulations for each specific customer.
Let's take a closer look at small volume purchases: according to 44-FZ, these are purchases up to 100,000 rubles and in some cases up to 400,000 rubles, according to 223-FZ, these are purchases up to 500,000 rubles for large customers.
Depending on the circumstances, customers can place such purchases on a variety of resources or even carry them out “on paper”. Given the systematic transition of the industry to digital format and the general unification of the procurement process, more and more customers prefer single electronic subsystems, where all small-volume purchases can be consolidated, and where both suppliers and customers work. Suppliers place their offers, customers choose the best option for themselves and directly conclude contracts.
Customers can also place requirements for goods, works and services in the form of formed purchases, in response to which suppliers send their proposals (according to this scheme, the vast majority of purchases occur through the electronic store). One of such systems is called "Electronic shop of purchases of small volume", it was developed and implemented by the RTS-tender electronic platform. These e-shops are launched and operate in more than 30 subjects of the Russian Federation.
How to become the sole supplier?
There is no universal recipe here. We can only give a few recommendations that will increase your chances of participating in this procurement method:
- fulfill all contracts in good faith, maintain a positive reputation, and the next time the customer may offer you to become the sole supplier;
- offer a product that is unique on the market (provided that you fit into the price range of small purchases) - the customer will simply have nowhere to buy the goods, except from you.
Here the emphasis is on documentation and legal requirements.
- An appeal is being prepared, according to which an agreement is made to conclude an agreement with a single supplier.
- A draft agreement is being developed with subsequent study, verification and approval.
- The calculation is carried out, as well as the justification of the cost of the agreement. According to Federal Law 44, in the case of a purchase from a single supplier (executor, contracting structure), the contract must contain data on the calculation, as well as information regarding the justification of the cost of the contract. This requirement is mandatory unless documenting not necessary.
- A report is being prepared, which provides the rationale for concluding an agreement with a single supplier. The drafting process should explain why a competitive method of selecting a supplier company is not appropriate.
Purchase from a single supplier under 44-FZ and 223-FZ
- Signing a contract with a contractor/supplier - an executive authority/institution whose powers are defined by a regulatory legal act (federal or subject of the Russian Federation - law, decree, etc.). An example of such a purchase is the protection of buildings of government agencies and departments, which can be carried out by the relevant departmental paramilitary security forces.
- When the subject of the contract is water, gas and heat supply, connection to technical networks(part 8 of article 93);
- Sending on a business trip, holding festivals, cultural events (part 26).
Sometimes signing a contract without bidding turns from the right of the customer into his responsibility.
Procurement stages from a single supplier
If purchases are made within the framework of the defense order, then the regulatory function is assumed by the Rosoboronzakaz. With regard to procurement for local needs or the needs of the constituent entities of the Russian Federation, here the controlling body is one of the subdivisions of the local education or the subject of the federation, respectively.
- Involvement of independent specialists who are involved in the process of performing work, accepting goods or providing services. In the fourth part of Article 94 under Federal Law 44, the customer has the right to engage expert companies or private experts to conduct an examination in relation to services, work or goods.
This is relevant in the case when the purchase is made from one contractor (customer, contractor).
Purchasing from a single supplier under 44-FZ: what to consider
Indeed, it is irrational to spend at least a month compiling, publishing, reviewing and evaluating applications, accompanied by the relevant protocols in the Unified information system(previously - the public procurement website www.zakupki.gov.ru) in order to purchase, for example, detergents or paper for a photocopier for a couple of thousand rubles, when you can draw up a contract with a verified counterparty and start executing it in just one or two days. The simplified procedure for issuing a contract in this case does not cancel, however, for the customer the obligation to be guided by the norms of 44-FZ to justify the purchase, determine the price of the contract, if necessary, publish notices, reports, etc. An exhaustive list of cases that allow a contract to be concluded without bidding contains the first part of Art.
93 44-FZ.
Sole supplier. clarifications on 44 fz.
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 already made purchases necessary goods(works, services). Stage 3. Sending an offer to conclude a contract The customer can inform the selected counterparty of his desire to conclude a contract by 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 an order to conduct such a purchase. The law does not require its drafting.
Purchasing from a single supplier (en)
Legislators decided to simplify the process for participants contract system, so the list was increased to 43 items. But this does not mean that the customer will definitely make a choice in favor of purchasing from the EP. He must remember the requirements of the law and strictly observe the regulations, carefully study the current wording and try to delve into their features.
For their part, suppliers must study the documents submitted by the customer, even before the conclusion of the agreement, and also delve into the features of cooperation. It is important to track the situation when the execution of the contract may be illegal, and the agreement itself will have to be terminated through the courts.
Purchasing from a single supplier under 44-fz
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 Art.
96
Info
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 that the legislation establishes on participation in the determination of 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.
Attention
This work is carried out even before the contract is placed and concluded. According to Federal Law 44 (part three), when purchasing from the EP (executor, contractor), in order to draw up a contract, the customer must document the inexpediency (impossibility) of using other procurement options. In addition, the cost and other terms of the contract should be given. At the same time, the provisions that are considered in part three do not apply to a number of cases of purchases from the EP, provided for in a number of paragraphs - 1,2,5,7,8 and others.
- Preparation and placement in the EIS of information (notices) on the purchase from the EP.
Such work must be carried out no later than five working days before the date of signing the contract.
Procurement in stages from a single supplier for 44 ap
Advantages and disadvantages Working with a single supplier has its own characteristics, pluses and minuses. We have dealt with the features above. As for the benefits, here it is worth highlighting the following points:
- Possibility of drawing up an agreement with a contractor (supplier), who is well known to the customer and whom he trusts;
- Minimal risk of violation of contract execution procedures, for example, due to technical failures in the system;
- Small time and labor costs for all procedures;
- The minimum duration of the procurement procedure in comparison with competitive methods of calculating the supplier.
Flaws:
- Inability to save budget money;
- Lack of guarantee of quality performance of the contract;
- High risks of claims raised by controlling structures.
Stage-by-stage purchases from a single supplier for 44 fz
It is important to remember that an unreasonable decision to choose a procurement method in the form of concluding a contract without bidding is fraught with punishment: a fine of 30 to 50 thousand rubles. (parts 1, 2 of article 7.29 of the Code of Administrative Offenses of the Russian Federation) for a responsible official. When are held on this moment There are 48 grounds for simplified procurement: they are quite diverse - from the usual purchase of goods / works / services (GWS), to the conclusion of a contract for the treatment of citizens outside the Russian Federation or procurement for counterintelligence / security purposes. The following points are used most often in practice:
- Acquisition of GWS from subjects of natural monopolies (p.
1 part 1 art. 93), for example, public telephone or postal services. - Acquisition of any GWS required by customers in the amount of up to 100 (400) thousand rubles under one contract (clauses 4 and 5, part 1, article 93). The established maximum ceiling on these grounds: up to 2 million rubles.
Menu Practice - Solutions regulatory authorities223-FZ-Letters and clarifications- Regulatory ActsVideo-Webinars-SeminarsQuestionsFor the customer- Get advice- Get training- Procurement support- Help from experts- Automate work for the Participant- Get a digital signature for tenders- Get a bank guarantee- Get SRO, license- Get advice- Support in tenders Useful- Training centers- Services and reference books- Specialized organizations- Trading Sites - Community Organizations - Experts We have many plans and projects for you, but limited resources.
Direct procurement is a procurement method in which a contract is concluded with a specific supplier (contractor, performer) without consideration of competing proposals. The procedure for concluding and executing the contract is established by the Customer himself in his Procurement Regulations (Part 2, Article 2 of Law No. 223-F).
Direct procurement (from a single supplier, contractor, performer) without consideration of competing proposals can be carried out in two ways:
Sending a proposal to conclude a contract to a specific supplier (contractor, performer);
Acceptance of an offer to conclude an agreement from one supplier (contractor, performer)
Direct Purchase Cases:
1. If the cost of the purchased products is small and the use of other methods of procurement is inappropriate. From whom and under what conditions the customer buys, in this case it does not matter. The main factor determining such a purchase will be the cost of the purchased products - it should be small. Although Law 223-FZ does not specify what a “small” product cost means, it is most logical to focus on the amount of 100 thousand rubles (or 500 thousand rubles if the customer’s annual revenue for the reporting financial year is more than five billion rubles) . The conclusion is drawn from the fact that it is in this case that the customer has the right not to post information about the purchase on the official website, including a notice, documentation and procurement protocols ( Part 15, Article 4 of Law No. 223-FZ).
2. If certain circumstances exist, such as:
Availability of purchased products only from any particular supplier (contractor, contractor) federal law dated August 17, 1995 No. 147-FZ "On natural monopolies" (hereinafter - Law No. 147-FZ);
Any specific supplier (contractor, performer) is the owner of exclusive rights in relation to this product or the provision of water supply, sewerage, sewerage, heat supply, gas supply services, connection (connection) to engineering networks regulated in accordance with the law Russian Federation prices (tariffs).
Direct procurement can also be used if the previous procurement procedures have not taken place or there is an urgent need for products, including as a result of an emergency event, and it is inappropriate to conduct competitive procedures.
An indicative list of cases for direct procurement can be established by analogy from Art. 93 of Law No. 44-FZ.
Since according to Law No. 223-FZ cases of purchase from the EP, the customer determines independently in the Procurement Regulations, the list can be expanded due to the following grounds that are not typical for the state order:
- As a result of an accident, emergency circumstances (or their threat), a danger is created to human life and health, the state environment or there is a risk of disruption production processes the customer and in order to prevent or eliminate the consequences of such circumstances, certain goods, works, services are necessary, the acquisition of which by other procurement procedures that require time is inappropriate;
- The Customer, having previously made a purchase from a Supplier, determines that new purchases must be made from the same Supplier for reasons of standardization or due to the need to ensure compatibility with existing goods, equipment, technology or services, in order to ensure the effectiveness of the initial purchase in terms of meeting the needs of the Customer;
- The previous contract was terminated due to non-fulfillment or improper fulfillment by the Supplier of its obligations under such contract. At the same time, if before the termination of the contract the Supplier partially fulfilled the obligations under such a contract, then when concluding a new contract, the quantity of goods supplied, the volume of work performed, services rendered must be reduced taking into account the quantity of goods delivered, the volume of work performed, services rendered under the previously concluded contract. At the same time, the price of the contract must be reduced in proportion to the quantity of goods supplied, the volume of work performed, services rendered;
- A real estate lease agreement is concluded (prolonged);
- A contract for the sale of real estate is concluded;
- Procurement for the provision of services of fixed and mobile communications is carried out in connection with the customer's numbering capacity of a particular communications operator;
- An agreement is concluded for legal and consulting services, services of a notary, a lawyer, etc.;
- Procurement of services for the organization and holding of sports and cultural events;
- Membership fees and other obligatory payments are paid on a non-competitive basis;
- An agreement is concluded for participation in an exhibition, conference, seminar, training, internship, participation in another event with the Supplier, which is the organizer of such an event or an authorized organizer of the event;
- There was a need to purchase services related to sending an employee on a business trip, including travel to the place business trip and vice versa, hotel or accommodation services, transport services, catering, communication services and other related expenses;
- An agreement is concluded for the provision of services related to the provision of visits by delegations (hotel service or rental of residential premises, transport services, operation of computer equipment, food, communication services and other related costs);
- There is an opportunity to purchase goods (works, services) at significantly reduced prices (significantly lower than the usual market prices), and this opportunity exists for a very short period of time;
- An order is placed for the provision of services for the technical maintenance and maintenance of one or more non-residential premises transferred for use to the Customer, if these services are provided to another person or persons using non-residential premises located in the building in which the premises transferred for use are located to the customer;
- The purchase is carried out for the acquisition of the right to use computer programs and databases under agreements with the copyright holder (under license agreements) from the direct developer or his official representative and updating of said computer programs and databases;
- Acquiring the right to an object intellectual property from the copyright holder;
- There was an urgent need for certain products (including due to the need for the Customer to urgently fulfill its obligations to third parties established by law), and therefore the use of other methods of procurement that require time is inappropriate; on this basis, procurement cannot be carried out if the urgency was the result of indiscretion or delay on the part of the responsible persons of the customer;
- Signing an agreement with the operator electronic platform in order to conduct procurement procedures in electronic form or for the purpose of participating in electronic procurement procedures as a participant;
- When purchasing services from government organizations, corporations, companies, institutions and funds, as well as from legal entities subordinate to them or from organizations operating at tariffs established by bodies authorized in the field state regulation tariffs;
- Financial services are being purchased for opening and maintaining bank accounts and for making settlements on these accounts, for placing deposits, in order to receive bank guarantees as a principal;
- In other cases, when the purchase from a single source does not contradict the legislation of the Russian Federation and is recognized by the Customer's management as more appropriate from an economic and production point of view. The conditions for the purchase of goods, works, services by direct purchase must be documented.
Important to remember! By establishing a list of grounds for direct procurement in the Procurement Regulations, customers cannot make absolutely all their purchases through direct procurement, as this violates the principles of Law No. 223-FZ. Also, any of the grounds for using direct procurement must be objectively justified ( Clause 2, Part 1, Article 3 of Law No. 223-FZ).
When making a direct purchase (from a single supplier, contractor, performer) for any of the reasons provided for in the Procurement Regulations, for an amount not exceeding one hundred / five hundred thousand rubles, the Customer has the right not to place a notice and documentation in the Unified Information System. Prior to the commissioning of the UIS, all information provided for by Law No. 223-FZ is posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information on placing orders for the supply of goods, performance of work, and provision of services (www.zakupki.gov .ru), in accordance with paragraph 10 of Article 8 of Law No. 223-FZ (hereinafter - OOS, official website).
Memo for direct purchase up to 100/500 thousand rubles:
- May not be included in the procurement plan.
- Procurement can be carried out on the basis of an order, order.
- Included in the monthly report.
- Included in the Rosstat report.
When making a direct purchase (from a single supplier, contractor, performer) for any of the reasons provided for in the Procurement Regulations, for an amount exceeding one hundred / five hundred thousand rubles, the Customer must develop and place information on the purchase in the Unified Information System. Procurement information, as well as amendments and clarifications being made, are published on the official website in accordance with the requirements of Law No. 223-FZ, the main of which are contained in Article 3 and Article 4 of this law. The procedure for publishing procurement documentation on the official website is contained in the “Regulations on posting procurement information on the official website”, approved by Decree of the Government of the Russian Federation of September 10, 2012 No. 908 (hereinafter - PP No. 908).
Table 1 -Normative base publications information about the purchase at the OOS
In accordance with the Procurement Regulations
(Part 2, Article 2 of Law No. 223-FZ)
- part 11, article 4 of Law No. 223-FZ
- Part 26-27 of PP No. 908
|
Purchasing information: |
Term: |
Order: |
|
1. Publication of notice, documentation, draft contract, other information provided for by the Procurement Regulations |
|
|
|
2. Inclusion of procurement in the procurement plan (if there was no procurement there), correction of information about the procurement in the procurement plan |
|
|
|
3. Amendments to the notice, documentation, draft contract, other information provided for by the Procurement Regulations |
(Part 11, Article 4 of Law No. 223-FZ) |
|
|
4. Introduction of clarifications of the notice, documentation, draft contract, other information provided for by the Procurement Regulations |
(Part 11, Article 4 of Law No. 223-FZ) |
|
Notice about the purchaseThe customer forms in personal account(in the closed part of the official site) by filling out a special form (that is, it generates a notice using the functionality of the official site).
According to p.20 h.IVPP No. 908, this form becomes available after the Customer selects one of the possible procurement methods in his personal account: already available at the CAB or established by the Customer independently in accordance with its Procurement Regulations published in the prescribed manner on the CAB. The notice of purchase, which the Customer generates using the CAB functionality, includes the information provided for Part 9, Article 4 of Law No. 223-FZ, as well as information provided for by the Procurement Regulations of the Customer (p. 21 h.IVPP No. 908). When forming a notice, the Customer indicates OKVED codes and OKDP, such an obligation is established in clause 24 of PP No. 908.
Documentation about the purchase and draft agreement is placed on the CAB in electronic form ( clause 22 of PP No. 908). If the Procurement Regulations of the Customer provide for the placement other information about the purchase ( Part 6, Article 4 of Law No. 223-FZ), such information is also placed in electronic form ( clause 23 of PP No. 908).
Table 2 - The method of publishing information about the purchase on the CAB
|
Name of information about the purchase |
The method of publishing information on the purchase in accordance with clause 9 of PP No. 908 |
||
|
OS functionality |
Graphic View |
||
|
Notice |
Necessarily (clause 20, 21 of PP No. 908) |
Necessarily (clause 22 of PP No. 908, part 8, article 4 of Law No. 223-FZ) |
There is a technical possibility of placing on the CAB by attaching a document. |
|
Documentation |
There is no technical possibility of placement on the environmental protection system. Accommodation is not provided by law. |
Necessarily (clause 22 of PP No. 908) |
|
|
Draft agreement |
Necessarily (clause 22 of PP No. 908) |
||
|
Other information to be posted on the CAB in accordance with the Procurement Regulations of the Customer |
Necessarily (clause 23 of PP No. 908) |
||
The Procurement notice will be considered to be placed on the CAB properly after it is signed with a qualified certificate of the electronic signature verification key ( electronic signature) in accordance with the requirements of paragraph 4 of Ch. I PP No. 908, along with the documentation and the draft contract, which are also signed with an electronic signature at the time of publication of information about the procurement on the CAB.
Information compiled using the functionality of the official website must match the information posted on the CAB and contained in documents in electronic form. In case of a discrepancy, the priority is given to information compiled using the functionality OOS (part 7 of article 4 of Law No. 223-FZ).
The customer has the right (not the obligation!) to “duplicate” the purchase information on his website (Part 7, Article 4 of Law No. 223-FZ). The Customer will have to use the right to publish information about the purchase on its website if technical or other problems occur at the CAB that do not allow placing on the CAB necessary information(Part 13, Article 4 of Law No. 223-FZ). In this case, all the necessary information on the procurement is posted on the Customer's website with its subsequent placement on the CAB within one working day from the date of troubleshooting. Information posted in this way is considered published in the prescribed manner and does not entail the onset of administrative and other liability.
All information published on the CAB and on the official website of the customer must be available free of charge (part 14, part 18, article 4 of Law No. 223-FZ).
Failure to post information on the procurement provided for by law entails the imposition of an administrative fine in the amount of 30,000 rubles. up to 50,000 rubles per official and from 100,000 rubles. up to 300,000 rubles on the entity(part 5, article 7.32.3 of the Code of Administrative Offenses of the Russian Federation), the limitation period for bringing to administrative responsibility is 1 year from the date of commission administrative offense(Article 4.5 of the Code of Administrative Offenses of the Russian Federation).
The statute of limitations for bringing to administrative responsibility is 1 year from the date of the commission of an administrative offense (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).
Loading...