Non-competitive - purchases from a single supplier (contractor, performer). Non-competitive - purchases from a single supplier (contractor, performer) Conclusion of contracts up to 400 thousand

06.05.2020

Purchase from a single supplier (contractor, performer) can be carried out by the customer for an amount not exceeding 100 thousand rubles. However, this restriction does not apply to the purchase of goods, works, services carried out by customers for the needs of rural settlements (clause 4, part 1, article 93 of Law No. 44-FZ). Is there a document that spells out these needs, or does each settlement approve them independently at the Council of Deputies?

We are a public school. Can we, according to the agreement, make purchases from a single supplier in the amount of up to 400 thousand rubles, if our charter does not include among the goals "preservation, use and promotion of cultural heritage"?

An educational institution has the right to conclude contracts with a single supplier up to 100 thousand rubles () but not more than 5% of the amount of funds provided for all purchases in accordance with the schedule. At the same time, according to educational institutions can conclude contracts up to 400 thousand rubles, but not more than 50% of the amount of funds provided for the implementation of all purchases in accordance with the schedule. The question arises: if institutions can conclude contracts up to 100 thousand and up to 400 thousand, then how can one then determine on what grounds such contracts have been concluded (for example, if an institution concludes a contract in the amount of 380 thousand rubles, and the schedule in the amount of 900 thousand rubles)?

We are a municipal autonomous preschool educational institution. In 2014, we were allocated about 2.5 million rubles. for current repairs in connection with the opening of additional educational groups. These funds are not included in the municipal task. What law should we be guided by when making purchases for the provision of services for current repairs?

Can a municipal budgetary educational institution additional education children to purchase from a single supplier in accordance with ?

budgetary educational institution carries out purchases in accordance with (up to 400 thousand rubles). How can you justify this purchase? For example, we buy ready-made meals for the school from a single supplier in the amount of 250 thousand rubles. Should we justify the impossibility or inexpediency of using other methods of determining the supplier (contractor, performer) in a documented report posted in a single information system(), or can you just refer to this paragraph of the law? If they have to justify, then how? There are no organizations in our city that would specialize in the preparation of baby food and we conclude an agreement with a trusted supplier (from individual entrepreneur).

The institution was given limits, according to which, under the item "Purchase of goods, works, services", the amount of financing for 2014 was brought in the amount of 50 thousand rubles. The institution needs to conclude an agreement for the provision of services for the publication of official materials, an agreement for the supply of office supplies, and other agreements.

Does this institution have the right, using, to conclude contracts with several single suppliers, provided that the amount under the contract with each of the suppliers will be no more than 2.5 thousand rubles. (5% of 50 thousand rubles) or the institution is obliged to apply competitive methods for determining the supplier (requests for quotations, tender, auction, request for proposals) in the amount of at least 47.5 thousand and only the amount of 2.5 thousand rubles. has the right to use for purchases from a single supplier?

Purchases up to 100 thousand rubles. from a single supplier can be made only if the total annual volume of such purchases does not exceed 5% of the amount of funds provided for all purchases of the customer in accordance with the schedule ().

Is it necessary to include purchases from a single supplier and natural monopolists in the calculation to determine the share of participation of small businesses in the total annual volume of purchases?

What norm of Law No. 44-FZ (clause 4 or clause 5, part 1, article 93) should a municipal budgetary educational institution (school) be guided by when concluding an agreement with a single supplier?

How to conclude a state contract for the provision of communication services with a single provider?

We - public sector entity We regularly buy coal. How do we justify the price when concluding a contract with a single supplier, if in our locality is there only one supplier of coal?

Prepared revisions of the document with changes that have not entered into force

Federal Law No. 44-FZ of April 5, 2013 (as amended on June 27, 2019) "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (as amended and supplemented, effective from 07/08/2019)

4) procurement of goods, work or services for an amount not exceeding three hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles. The specified restrictions on the annual volume of purchases, which the customer is entitled to make on the basis of this clause, do not apply to purchases made by customers to meet the municipal needs of rural settlements. Customers operating in the territory of a foreign state, when making purchases in accordance with this clause, are not subject to restrictions in terms of setting the contract price, which does not exceed three hundred thousand rubles. With regard to the federal executive body carrying out purchases to meet the federal needs of state bodies formed to ensure the activities of the President Russian Federation, the Government of the Russian Federation, the calculation of the indicated restrictions on the annual volume of purchases, which the customer is entitled to carry out on the basis of this paragraph, is carried out separately for such a federal executive body and each such state body;

ConsultantPlus: note.

From 07/01/2018, customers have the right to make purchases in accordance with paragraph 5 of part 1 of Art. 93 using a single trade aggregator - information resource(Decree of the Government of the Russian Federation of April 28, 2018 N 824-r).

5) procurement of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and promotion of objects cultural heritage, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio broadcasting institution, circus, museum, cultural center, palace of culture, club, library, archive), a state or municipal educational organization, a state or municipal scientific organization, an organization for orphans and children left without parental care, in which orphans and children left without parental care are placed under supervision, by a sports organization for an amount not exceeding four hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this paragraph shall not exceed fifty percent of the total annual volume of purchases of the customer and shall not exceed twenty million rubles;

(see text in previous edition)

6) procurement of work or services, the performance or provision of which can only be carried out by the executive authority in accordance with its powers or under its jurisdiction government agency, a state unitary enterprise, the relevant powers of which are established by federal laws, regulatory legal acts the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts of the relevant subject of the Russian Federation;

(see text in previous edition)

7) conclusion of a contract for the supply of Russian weapons and military equipment which have no analogues in Russia and are produced by a single manufacturer, with a supplier of such weapons and military equipment included in the register of sole suppliers of such weapons and military equipment. The procedure for maintaining the register of sole suppliers of such weapons and military equipment, the procedure for setting their prices are established by the Government of the Russian Federation. The state contract for the supply of such weapons and military equipment is concluded at a price determined in accordance with the specified procedure for its formation;

8) provision of services for water supply, water disposal, heat supply, municipal solid waste management, gas supply (with the exception of services for the sale of liquefied gas), for connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation ), storage and import (export) drugs and psychotropic substances;

(see text in previous edition)

9) procurement of certain goods, works, services as a result of an accident, other emergency situations of a natural or man-made nature, force majeure, in case of a need to provide medical care in an emergency form or in the provision of medical care in an emergency form (provided that such goods, works, services are not included in the list of goods, works, services approved by the Government of the Russian Federation necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies ) and the use of other methods of determining the supplier (contractor, performer), which require time, is inappropriate. The customer has the right to conclude, in accordance with this clause, a contract for the supply of goods, performance of work or provision of services, respectively, in the amount and volume that are necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, force majeure, or to provide medical assistance in an emergency form or urgent form, including in cases provided for in parts 7 and 12 of Article 82

(see text in previous edition)

10) supply of cultural property (including museum items and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies) of historical, artistic or other cultural significance), intended to replenish the state museum, library, archival funds , cinema, photo fund and similar funds;

11) the production of goods, the performance of work, the provision of services are carried out by an institution and an enterprise of the penitentiary system in accordance with the list of goods, works, services approved by the Government of the Russian Federation;

12) the conclusion by the institution executing punishment of a contract for the supply of goods for state needs when the said institution acquires raw materials, materials, components for the production of goods, performance of work, provision of services for the purpose of employment of convicts on the basis of contracts concluded with legal entities, provided that that the acquisition by the specified institution of such raw materials, materials, components is carried out at the expense of the funds provided for by these agreements;

13) purchase of works of literature and art by certain authors (except for the acquisition of film projects for the purpose of distribution), performances by specific performers, phonograms by specific manufacturers for the needs of customers in the event that a single person owns exclusive rights or exclusive licenses to such works, performances, phonograms;

14) purchase printed publications or electronic publications (including the software and hardware and information protection tools used in them) of certain authors from the publishers of such publications in the event that these publishers own exclusive rights or exclusive licenses to use such publications, as well as the provision of services for providing access to so electronic publications to ensure the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;

(see text in previous edition)

15) conclusion of a contract to visit a zoo, theatre, cinema, concert, circus, museum, exhibition or sporting event;

16) conclusion of a contract for the provision of services for participation in an event held for the needs of several customers with a supplier (contractor, performer), which is determined by the customer who is the organizer of such an event, in the manner established by this Federal Law;

17) conclusion of a contract by a theatre, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir, orchestra, ensemble), broadcasting institution, circus, museum, cultural center, cultural center, club, educational institution, zoo, planetarium, culture and recreation park, nature reserve, botanical garden, national park, natural park or landscape park with a specific individual to create a work of literature or art, or with a specific natural person or a specific legal entity engaged in concert or theatrical activities, including a concert group (dance group, choir group, orchestra, ensemble), for performance, or with a natural person or legal entity for the production and supply of scenery, stage furniture, stage costumes (including headgear and shoes) and materials necessary for creating scenery and costumes, as well as theatrical props, props, make-up, post-production products, theater puppets necessary for creating and (or ) performances of works by the specified organizations;

18) conclusion of a contract for the provision of services for the sale of entrance tickets and season tickets for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - forms strict accountability;

19) conclusion of a contract for the provision of services for the implementation of author's control over the development project documentation object capital construction, architectural supervision of construction, reconstruction, overhaul of a capital construction object by the respective authors, to carry out technical and architectural supervision over the performance of work to preserve the cultural heritage object (monuments of history and culture) of the peoples of the Russian Federation by the authors of the projects;

20) conclusion of contracts for the provision of services related to the provision of visits of heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (in including for providing simultaneous translation), providing food);

(see text in previous edition)

21) conclusion of contracts for the supply of goods, performance of work, provision of services to ensure the activities of objects of state protection, including the provision of field events held by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation (household, hotel, transport services, operation computer equipment, office equipment, sound equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);

(see text in previous edition)

22) conclusion of a contract for the management of an apartment building on the basis of a decision of the general meeting of owners of premises in an apartment building, or open competition conducted by the body local government in accordance with housing law, management company if the premises in an apartment building are in private, state or municipal ownership;

23) conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for gratuitous use or operational management to the customer, services for water, heat, gas and energy supply, security services, services for the removal of household waste in case of if these services are provided to another person or other persons using non-residential premises located in the building in which the premises transferred to the customer for free use or operational management are located;

(see text in previous edition)

24) recognition of the determination of the supplier (contractor, performer) by a closed method as invalid and the adoption by the customer of a decision to conclude a contract with a single supplier (contractor, performer) in accordance with the provisions of Article 92 of this Federal Law in agreement with the federal body authorized by the Government of the Russian Federation to perform these functions executive power. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price. Such price should not exceed the initial (maximum) contract price or the contract price proposed in the bid of the relevant procurement participant. The customer's request for approval of the conclusion of a contract with a single supplier (contractor, executor) is sent to the specified federal executive body no later than within ten days from the date of signing the relevant protocols containing information on the recognition of the definition of the supplier (contractor, executor) by a closed method as invalid . At the same time, the approval period should not be more than ten working days from the date of receipt of the request for approval of the conclusion of a contract with a single supplier (contractor, performer). A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date the customer receives the approval. The procedure for agreeing on the conclusion of a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contract system in the field of procurement;

(see text in previous edition)

25) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for quotations, a request for proposals in accordance with parts 1 and 7 of Article 55, parts 1 and 3 of Article 79, parts 18 and 19 of Article 83, part 27 of Article 83.1 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively with the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense orders, the executive body of a constituent entity of the Russian Federation, the local government body of a municipal district or the local government body of an urban district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services, calculated in in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price. Such price should not exceed the initial (maximum) contract price, the contract price proposed in the bid of the relevant procurement participant. The customer's request for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than within ten days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the definition of the supplier (contractor, performer). ) failed. At the same time, the approval period should not be more than ten working days from the date of receipt of the said request. A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for by Parts 4 and 5 of Article 15 of this Federal Law, within a period of not more than twenty days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid, or in the cases provided for by Parts 1 and 3 of Article 79 of this Federal Law, within the time limits established by Part 13 of Article 78 of this Federal Law. The procedure for coordinating the conclusion of a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contract system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price in accordance with this paragraph, is equated to the winner determination of the supplier (contractor, performer);

(see text in previous edition)

25.1) recognition as invalid of an open tender in electronic form, limited participation competition in electronic form, two-stage competition in electronic form, electronic auction in accordance with parts 1 and 5 of article 55.1, parts 1 - 3.1 of article 71, part 2.1 of article 83.2, article 83.2

(see text in previous edition)

25.2) recognition of the request for quotations in electronic form as invalid in accordance with Part 3 of Article 82.6 of this Federal Law. At the same time, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the notice of procurement, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services, calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;

(see text in previous edition)

25.3) declaring invalid the request for proposals in electronic form in accordance with Part 26 of Article 83.1 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;

(see text in previous edition)

26) conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events. At the same time, such services include providing travel to the place of a business trip, the place of the specified events and back, renting a dwelling, transport services, providing meals;

(see text in previous edition)

ConsultantPlus: note.

From 07/01/2018, customers have the right to make purchases in accordance with paragraph 28 of part 1 of Art. 93 using a single trade aggregator - an information resource (Decree of the Government of the Russian Federation of April 28, 2018 N 824-r).

28) procurement of medicinal products that are intended for prescription to the patient, if available medical indications(intolerance, according to vital indications) by decision of the medical commission, which is reflected in the patient's medical documents and the journal of the medical commission. The customer has the right to conclude a contract for the supply of medicinal products in accordance with this clause for an amount not exceeding one million rubles. At the same time, the volume of purchased medicinal products should not exceed the volume of such drugs necessary for the specified patient during the period necessary for the procurement of medicinal products in accordance with the provisions of Clause 7 of Part 2 of Article 83, Clause 3 of Part 2 of Article 83.1 of this Federal Law. In addition, when purchasing medicines in accordance with the provisions of this paragraph, the subject of one contract cannot be medicines intended for prescription to two or more patients. Specified solution medical commission must be placed simultaneously with the contract concluded in accordance with this paragraph, in the register of contracts provided for in Article 103 of this Federal Law. At the same time, the depersonalization of personal data provided for by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" must be ensured;

(see text in previous edition)

29) conclusion of an energy supply contract or a contract for the purchase and sale of electrical energy with a guaranteeing supplier of electrical energy;

30) determination of the supplier, contractor by order of the Government of the Russian Federation on the proposals of the Central Election Commission of the Russian Federation, higher executive bodies state power constituent entities of the Russian Federation when purchasing ballots, absentee certificates, special signs (stamps), information materials placed in the premises of election commissions, referendum commissions, voting premises, and services for the delivery of election documentation, documents related to the preparation and conduct of a referendum, and other dispatches of election commissions used during elections to state authorities of the constituent entities of the Russian Federation, a referendum of the Russian Federation and referendums of the constituent entities of the Russian Federation, as well as during elections to local governments and local referendums in municipalities that are administrative centers (capitals) of the constituent entities of the Russian Federation Federation, with the exception of cases established by paragraph 6 of part 2 of Article 1 of this Federal Law;

(see text in previous edition)

31) the conclusion of a contract, the subject of which is the acquisition of a non-residential building, structure, structure, non-residential premises, determined in accordance with the decision on the preparation and implementation of budget investments or on the provision of subsidies for the implementation of capital investments, to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs for the purpose of acquiring objects real estate into state or municipal property, accepted in the manner prescribed by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, local administration;

32) rent of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, as well as the lease of residential premises located on the territory of a foreign state by customers operating on the territory of a foreign state;

(see text in previous edition)

34) the conclusion by the federal executive body of a contract with foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation in accordance with the rules established by the Government of the Russian Federation;

(see text in previous edition)

35) conclusion by organizations carrying out educational activities and recognized in accordance with the legislation on education by federal or regional innovation platforms, contracts for the supply of equipment (including technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity, with the owner of exclusive rights to such equipment and software at the expense of funds allocated for the development of innovative infrastructure in the education system;

36) conclusion by a budgetary institution, state, municipal unitary enterprises of a contract, the subject of which is the issuance of a bank guarantee;

(see text in previous edition)

37) procurement of products of folk art crafts of recognized artistic merit, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation;

38) the conclusion by executive authorities, local governments of contracts for the acquisition of residential premises that meet the conditions for classifying as standard housing established by the authorized federal executive body with a legal entity that has concluded an agreement on the development of the territory for the purpose of building a standard housing in accordance with the Town Planning Code of the Russian Federation of housing or an integrated development agreement for the construction of standard housing, at a price and within the time limits specified in the agreement on the development of the territory for the construction of standard housing or the agreement on integrated development of the territory for the construction of standard housing, provided that the agreement on the development of the territory for the construction of standard housing or an agreement on the integrated development of the territory for the construction of standard housing provides for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

39) the conclusion by the executive authorities, local governments of contracts for the acquisition of residential premises that meet the conditions for classifying as standard housing established by the authorized federal executive body, with a person who has concluded in the manner and on the conditions provided for by Federal Law No. 24 July 2008 161-FZ "On promoting the development of housing construction", an agreement for the gratuitous use of a land plot for the construction of standard housing, for the integrated development of the territory, which provides for, among other things, the construction of standard housing, a lease agreement land plot for the construction of standard housing, for the integrated development of the territory, which includes the construction of standard housing, or a land lease agreement for the construction of standard housing in the minimum required volume, for the integrated development of the territory, which includes, among other things, the construction of a minimum the required volume of standard housing and other housing construction, at the price and within the time limits determined by any of these agreements, provided that they provide for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with the means of intelligence activities. The list of goods, works, services, the procurement of which may be carried out in accordance with this paragraph, is approved by the head of the relevant foreign intelligence agency of the Russian Federation;

41) procurement of goods, works, services in order to provide bodies federal service security by means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the procurement of which may be carried out in accordance with this paragraph, is approved by the head of the federal executive body in the field of security;

42) the conclusion by the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies of contracts with individuals for the performance of work related to the collection and processing of primary statistical data during the federal statistical observation in accordance with the legislation of the Russian Federation on official statistical accounting. At the same time, the scope of work performed by these persons and the price of the contract, calculated on the basis of the terms of payment of remuneration to persons involved on the basis of contracts to perform work related to the collection and processing of primary statistical data during federal statistical observation in the Russian Federation, are established by the federal an executive authority that performs the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information about contracts concluded in accordance with this clause is posted on the website of the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, and its territorial bodies in the information and telecommunications the Internet in the manner established by the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, in agreement with the federal executive body for regulating the contract system in the field of procurement ;

(see text in previous edition)

44) procurement by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services for granting the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific citation indices from operators specified databases included in the list approved by the Government of the Russian Federation;

45) purchase by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services for granting the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific citation indices from national libraries and federal libraries with scientific specialization. At the same time, the price of such a contract concluded with a single supplier (contractor, performer) is determined in accordance with the procedure established by the Government of the Russian Federation;

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.

There are also restrictions on them: the annual volume of purchases that the customer is entitled to make should not exceed 50% of the total annual purchases of the customer and should not exceed 20 million rubles.

Purchases of small volume (up to 100 and 400 thousand)

Categories
Accounting

state-financed organization

Direct purchase from a single supplier

Print 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 carried out only if the contract value does not exceed 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. Justifications for a small purchase The basis for purchasing from a single supplier in the amount of less than 100 thousand rubles.

absolutely every customer has rubles.

Purchases of small volume 44-fz

Rustender
Question answer
44-FZ
Purchases of small volume 44-FZ

Small-volume purchases under 44-FZ are a non-competitive type of supplier determination, in which the contract price does not exceed 100 thousand rubles (in some cases, 400 thousand rubles), and the state customer has the right to conclude such contracts, observing certain rules. Legislation regulates all cases in which a public institution has the right to carry out small purchases, and establishes reporting requirements for such procedures.
Purchases up to 100 thousand rubles All federal and municipal organizations can carry out public procurement of small volumes up to 100,000 rubles. The customer evaluates the feasibility of such a procedure, then prepares a draft contract and submits it for agreement with the contractor.

If both parties are satisfied with everything, then the contract is signed.

Small purchases under 44-fz

The procurement documentation and the draft contract are placed on the CAB in in electronic format(clause 22 of PP No. 908). If the Procurement Regulations of the Customer provide for the placement of other information about the procurement (part 6 of article 4 of Law No. 223-FZ), such information is also posted in electronic form (clause 23 of PP No. 908).

Info

Appendix No. 2). 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.

Small purchases from a single supplier under 44-fz

The calculation principle remains the same: the annual volume does not include contracts concluded, but contracts paid for the current period. Small Volume Purchasing Practices: Exceptions and Limitations Small Volume Purchasing Practices are subject to 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.

Memo for direct purchase up to 100/500 thousand rubles:

For purchases up to 400,000 rubles. in addition to limiting customers by activity, there is a limit on the volume and amount of such public procurement - they should not exceed 50% of the organization's SOGZ and their amount should not exceed 20 million rubles. Such procedures should also be included by the customer in the procurement schedule, but placement in the EIS is not required.

The customer independently keeps their records and provides a report on them at the end of the annual financial period. Penalty for violation of requirements in small volume procurement administrative offenses Part 1 of Article 7.29 provides for the liability of officials for violation of the requirements established by law when purchasing from a single supplier.

If errors are detected in procedures up to 100/400 thousand rubles, with official in the organization of the customer will be charged an administrative fine in the amount of 30,000 rubles.
At the same time, only certain types of organizations can purchase without competitive bidding in the amount of up to 400 thousand rubles. 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.

When making calculations, it is also necessary to take into account contracts concluded before the beginning of a certain financial period, but paid after it has come. 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.

Purchases up to 500 thousand for 44 ap

Attention

In this case, the annual purchase limit is set at 50% of the total purchases per year. This figure cannot exceed 25 million rubles. These customers include:

Municipal institutions of culture.
Zoos, planetariums, recreation parks, reserves, botanical gardens.
Concert institutions.

broadcasting organizations.

Archives, libraries.

Physical culture and sports organizations.

Museums.

A complete list of such organizations is specified in clause 1.5 93 of Article 44-FZ. When calculating the total annual volume of purchases, only contracts paid for this period are taken into account.

Deviations from the norms are also possible for executive authorities. They have the right to set the annual limit for small purchases independently.

Purchases up to 500 thousand at 44 fz

Within the framework of the Code of Administrative Offenses of Russia, the customer is liable for exceeding the limits for such purchases. A fine of at least 30 thousand rubles may be imposed. Therefore, it is important for the customer to carefully control their costs and plan purchases correctly. The procedure for conducting a small purchase within the framework of 44-FZ Conducting a small purchase begins with identifying the needs of the customer. The organizer must determine the procurement object that is important for him, which he can purchase from a single supplier, calculate the price and prepare a draft contract. The customer generates an invitation for the participant he plans to involve in the delivery. If the potential supplier agrees to the proposed terms, a contract is concluded. At the same time, the basis on which this particular procurement method is chosen must be spelled out in the contract.

Purchases up to 500 thousand for 44 fz budgetary institution

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). Read also: Purchasing from a single supplier: what to consider Who has the advantage in making small purchases There are cases when there are no restrictions on the use of "small" purchases.

In practice, public procurers enter into various transactions, including within the framework of external economic activity(FEA). There is a definition of such a transaction in this area. However, you need to understand that direct purchases of foreign economic activity and direct contracts under 44-FZ have nothing in common. A direct foreign trade contract is an agreement concluded by a Russian importer and a direct manufacturer of goods. Accordingly, it is the subject, rather, of customs legislation, and not of the contract system.

Direct purchases under 44 FZ are nothing more than an order from a single supplier without competitive procedures. This process is regulated. There are two types of agreements:

up to 100,000 rubles;
up to 400,000 rubles

Placing information in the EIS on such public procurement is not mandatory. However, the customer is advised to keep a register of contracts and store all documentation, since at the end of the financial year such purchases will need to be reported by compiling reports that are posted, including in the EIS.

From 03/01/2019, it started working for small-volume purchases and public procurement of medicines by decision of the medical commission. The name of this platform is EAT Beryozka. Federal executive authorities, including state institutions that are under their jurisdiction, conclude direct contracts on it. As for law enforcement agencies, they fell under the exceptions and carry out purchases in the old way.

Regional and municipal customers are required to use the aggregator if it is prescribed by special acts of the regional or local levels.

"Birch" was put on the site agregatoreat.ru. Along with contracts up to 100,000 - within the framework of Part 4 of Art. 93, up to 400,000 - under part 5 of Art. 93, purchases of medicines up to 200,000 rubles were transferred to Berezka - under Part 28 of Art. 93.

Direct contracts up to 100,000 rubles

An agreement in the amount of up to 100,000 rubles is allowed if, on this basis, it does not exceed 2 million rubles. or does not exceed 5% of the SGOZ and is not more than 50 million rubles. The specified annual volume limits are not valid for procedures carried out by customers to meet the municipal needs of rural settlements.

An important detail of concluding a contract up to 100,000 rubles is the inclusion in it of the grounds according to which the state customer makes an order, in this case it will be clause 4 of part 1 of Art. 93 44-FZ. Direct contracts up to 400,000 rubles

Such public procurement can be carried out by customers who are state or municipal cultural institutions whose main activity is the preservation and promotion of cultural heritage objects, as well as other state or municipal educational institutions and other institutions listed in paragraph 5 of part 1 of Art. 93. At the same time, the amount of the contract should not exceed 400,000 rubles, the annual volume of purchases should not exceed 50% of the SGOZ and be more than 20 million rubles.

Rules for the formation of a procurement plan for goods (works, services) approved by Decree of the Government of the Russian Federation of September 17, 2012 N 932 (hereinafter referred to as Rules N 932), information about the proposed acquisitions from a single supplier is entered into 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 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 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, the supply of New Year's gifts for the needs 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 within the separate agreements or without contracts (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 on planning period, and there are no obstacles of a technological or economic nature that do not allow one procedure to be carried out 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.