home Business blogs How to justify the choice of supplier definition. Justification of the chosen method of determining the supplier when purchasing water from a single supplier

How to justify the choice of supplier definition. Justification of the chosen method of determining the supplier when purchasing water from a single supplier

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. (clause 5); 4) provision of services for water supply, sanitation, heat supply, gas supply (with the exception of services for the sale liquefied gas), for connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation (clause 8); 5) conclusion of an energy supply agreement or a sale and purchase agreement electrical energy with a guaranteeing supplier of electric energy (clause 29); 6) the purchase of certain goods, works, services due to an accident, other natural or man-made emergencies, 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 (paras.

Purchasing from a single supplier

That is why the cases of using this method of procurement are clearly regulated by Federal Law N 44-FZ. Their closed list is given in paragraph 1 of Art. 93 of this law. ────────────────────────────────────────────────── ─────────────────────────*(1) Federal Law No. contract system in the field of procurement of goods, works, services to meet state and municipal needs. L. Lartseva, expert of the journal "Educational Institutions: Accounting and Taxation" Journal "Educational Institutions: Accounting and Taxation", N 8, August 2015
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Justification of the purchase from a single supplier and the price of the contract with him

Federal Law N 44-FZ. The procedure for agreeing on the conclusion of a contract with a single supplier (contractor, performer) was approved by Order of the Ministry of Economic Development of the Russian Federation of March 31, 2015 N 189 (hereinafter referred to as Procedure N 189). Clause 3 of Order N 189 clarifies that in order to agree on the conclusion of a contract with the sole supplier, the appeal should be sent: 1) in order to meet the federal needs - to the Federal Antimonopoly Service of the Russian Federation; 2) in order to meet the needs of the constituent entity of the Russian Federation - to the executive authority of the constituent entity of the Russian Federation authorized to exercise control in the field of procurement; 3) in order to ensure municipal needs - to the local self-government body of the municipal district or the local self-government body of the urban district authorized to exercise control in the field of procurement. Moreover, such an appeal must contain the following information and attached documents (clause

How to justify the chosen method of determining the supplier

But even for the most minimal purchases, price justification is required. We will talk about how to do this correctly in this article. What normative acts are guided by when justifying the price? First of all, it is necessary to pay attention to Art.

22 FZ 44. This article lists the available methods for calculating the price both for concluding a contract with the EP and for conducting competitive procedures. In addition, the Ministry of Economic Development has developed recommendations (hereinafter referred to as recommendations) for calculating the price when concluding a contract with the EP (Order No. 567 dated 02.10.2013). What is the price justification? Price justification involves the calculation of the price of purchased goods, which must be confirmed by the attached background information, documents or details of the documents on which the calculation was made.

How to justify the price when purchasing from a single supplier

N 147-FZ "On natural monopolies"; 3) performance of work on mobilization training in Russian Federation; 10) 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; 14) conclusion of a contract to visit a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event; 17) 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; Justification for the purchase sole supplier and the price of the contract with it. The exceptions are cases where the rationale for the choice of the procurement method is not required.

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

Such clarifications are given in the letters of the Ministry of Economic Development of the Russian Federation of February 26, 2015 N D28i-394, of August 5, 2014 N 18505-EE / D28i. Taking into account the indicated clarifications, the purchase of household goods in an amount not exceeding 100,000 rubles through accountable persons is carried out without bidding, that is, by purchasing from a single supplier on the basis of paragraphs. 4 p. 1 art. 93 of the Federal Law N 44-FZ. Can government educational institutions who purchase from a single supplier on the basis of paragraphs. 5 p. 1 art. 93 of the Federal Law N 44-FZ in the amount of up to 400,000 rubles, at the same time apply paragraphs. 4 p. 1 art. 93 of Federal Law N 44-FZ when making another purchase from a single supplier in the amount of up to 100,000 rubles? Based on paragraphs. 5 p. 1 art. 93 of Federal Law N 44-FZ to carry out purchases from a single supplier in the amount of up to 400,000 rubles.

Tender preparation

Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time, he must provide a justification for the method of determining the supplier, whether it will be an electronic auction or another procedure - it does not matter. Let's figure out how to do it right. Justification when choosing a procurement With the beginning of the procedure for justifying public procurement (GD dated 05.06.2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

Columns No. 8 and 9 are introduced in the form accompanying the schedule, in which the customer includes, respectively, information on the method for determining the supplier (contractor, performer) and the reasons for such a choice. Download The need to substantiate is provided for by Art. 18 of the Law on the contract system (44-FZ).

What goods are considered identical and homogeneous? Products with the same characteristics (quality, functionality, etc.) are considered identical. In addition, the country of origin and the manufacturer are taken into account. Example 1: Two identical tables that are similar in the following criteria: functional purpose; the material from which they are made; Country of Origin.

Differences in shape, size and color are insignificant and have no fundamental significance. Homogeneous goods are those that are not identical, but have similar characteristics and consist of similar components, as a result of which they can perform the same functions. When determining homogeneity, the quality of the goods, the reputation in the market and the country of origin should be taken into account.

Example 2: Two identical lockers are similar in terms of the following criteria: country of manufacture, material of manufacture, functional purpose.
Moreover, such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant, or the contract price proposed by the relevant procurement participant during the electronic auction(clause 25 clause 1 article 93 of the Federal Law N 44-FZ); c) cash, submitted as security for the application, must be returned to the participant of the tender or a closed auction if the regulatory body in the field of procurement refuses to agree on the conclusion of a contract with a single supplier (clause 7 clause 6 article 44 of Federal Law N 44-FZ). A notice of procurement from a single supplier (contractor, performer) is placed by the customer in the EIS only in certain cases provided for in paragraphs. 1-3, 6-8, 11-14, 16-19 p. 1 art.
The list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized nature (approved by the GD dated 04.02.2015 No. 99). Two-stage competition The organizer makes a decision to hold a two-stage competition, subject to the following conditions (they will also serve as a justification):

the competition is organized to conduct research and design work, experiments and research, either innovative and high-tech products are supplied, or an energy service contract is concluded, or a work of literature or art will be created;
there is a need to conduct a discussion to clarify the characteristics of the procurement object.

Closed procedures Closed procedures are applied only upon agreement with the federal executive body (Article 84 44-FZ).

Attention

This subparagraph, in particular, provides that, in contrast to the general procurement procedure from a single supplier, in these cases, the customer needs to coordinate the conclusion of a contract with the authority authorized to exercise control in the field of procurement. by the contractor) is sent no later than within ten days from the date of placement in a single information system(EIS) of the relevant protocols containing information on the recognition of the definition of the supplier (contractor, performer) as invalid. At the same time, the approval period should not be more than 10 working days from the date of receipt of the said request. The contract with a single supplier is concluded within the period: a) no more than 20 days from the date of receipt by the customer of such approval or in the cases provided for in clause

4 and 5 Art.
At the same time, any institutions, including educational institutions, can make purchases from a single supplier in the amount of up to 100,000 rubles. on the basis of par. 4 p. 1 art. 93 of Federal Law N 44-FZ, provided that the annual volume of such purchases does not exceed 2 million rubles. or 5% of the total annual volume of purchases and not more than 50 million rubles. Thus, state (municipal) educational institutions have the right to make purchases from a single supplier, both on the basis of paragraphs. 5, and on the basis of paragraphs. 4 p. 1 art. 93 of the Federal Law N 44-FZ, taking into account the restrictions established by the indicated subparagraphs (letters of the Ministry of Economic Development of the Russian Federation dated 05.25.2015 N D28i-1363, dated 01.29.2015 N OG-D28-1629, dated 12.31.2014 N D28i-2896, dated 22.07. 2014 N D28I-1377). It is necessary to carry out urgent work on the overhaul of the building.

What is the rationale for choosing a supplier?

Every year, before the start of a new reporting period, customers are required to publish planning documentation in the Unified Information System - procurement plans and schedules. Together with them in without fail the rationale for the chosen method of determining the supplier for each order is also placed.

According to the current legislation, the contracting authority must document why this or that method of determining the contractor was chosen, that is, justify the choice. This is stated in article 18 of the 44-FZ. A rationale is formed for the method of determining a supplier for an electronic auction, for open and closed tender procedures in paper and in in electronic format, to requests for quotations and proposals, that is, to all competitive procedures. If the customer plans to conclude an agreement with a single supplier, then a document is drawn up that not only justifies the choice, but also confirms the impossibility of public procurement in another way.

What does the rationale for choosing a supplier look like?

The formal form of justification is enshrined in Government Decree No. 555 dated 06/05/2015, which approves both the justification form and the procedure for filling it out.

The documents justifying the purchases are drawn up separately for the purchase plan and the schedule. Additionally, explanations on the method of conducting the order are made in the table accompanying the schedule, in columns 8 and 9 of which the ordering organization gives the reasons for its choice.

The information in the table must be indicated clearly and logically, otherwise the regulatory authorities will consider the order unreasonable, which will lead to the cancellation of the purchase and the annulment of its results.

Online expert council under the Government, the procedure for substantiating the method of determining a supplier has been published. An appendix to this order is the recommended form for justification.

What influences how a supplier is determined

The choice of which way the order will be carried out must be reasonable and based on clear criteria. These aspects include:

(subject of the contract) and essential conditions listed in the draft contract;
terms of delivery of goods, performance of work, provision of services;
established criteria for determining the winner;
regulations of the law on the Federal contract system.

How to justify the choice of supplier determination method depending on the procedure

From 01/01/2020, government customers carry out all purchases in electronic form. They will be able to purchase in paper form only within the framework of:

ensuring the activities of the customer abroad (Art. 75, 111.1);
provision of emergency, emergency medical care (Article 76);
providing humanitarian assistance, liquidating the consequences of natural, man-made emergencies (Articles 80, 82);
closed procedures (Article 84);
purchases from a single supplier (Article 93);
orders by decision of the Government of the Russian Federation (Article 111).

This list is enshrined in paragraph 44 of Art. 112 44-FZ. Therefore, to justify the paper method of determining the supplier, you must additionally refer to this paragraph. It is necessary to take into account other criteria for choosing a particular procedure and reflect them in the justification.

Electronic auction

The list of orders that can be carried out through an electronic auction is very extensive. For such auctions, it is required to prepare a rationale for the chosen method for determining a supplier for an electronic auction. For goods, works and services that are included in the List approved by Government Decree No. 471-r dated March 21, 2016, the choice will be justified by the fact that the subject of the purchase is included in the auction list.

In the case of an auction in electronic form, the key criterion for determining the contractor is the price. The winning supplier is the participant who offered the lowest contract price.

Request for quotations in electronic form

In 2020, the contracting authority may conduct electronic request quotes. Orders by request for quotations for the reporting year cannot exceed 100 million rubles. and 10% of (part 2 of article 82.1, part 45 of article 112 of 44-FZ).

To justify the chosen method of determining the supplier on request for quotations need to take into account:

the purchased goods, works, services are included or not included in the List of products for the provision of humanitarian assistance or liquidation of the consequences of emergency situations (RP No. 1765-r of 09/30/2013);
GWS are included in the auction list with the condition of a limited amount per order;
the initial (maximum) price of the contract is calculated and set within the limits of 500,000.00 rubles.

Electronic Open Competition

If, during the tender, the procurement commission of the customer, when choosing the winner, is guided by quality indicators and best conditions supply and completion of goods, works, services, then such GWS should be acquired through an open tender. The justification document specifies these criteria.

Electronic competition with limited participation

All grounds for conducting competitive procedures with limited participation are indicated in the List of GWS of technical or technological complexity, innovative, high-tech or specialized nature (GD RF No. 99 dated 04.02.2015). If the subject of the order is not in it, it is impossible to purchase in this way.

Electronic two-stage competition

Reasons why you can hold a two-stage competition:

the procedure is necessary for the purchase of research works, projects, studies, surveys and experiments, the acquisition of innovative and high-tech goods, the conclusion of an energy service contract, the creation of a work in the field of literature and art;
it is necessary to organize a discussion for the specification of consumer properties and technological characteristics the subject of the order.

In order to justify and subsequently conduct a two-stage tender, both of these conditions must be met.

Closed procedures

The grounds for holding closed auctions are the same and do not depend on the form in which they are held: paper or electronic (part 2 of article 84.1 44-FZ). The procedure for conducting closed purchases in electronic form can also be influenced by the Government of the Russian Federation, obliging a particular customer to purchase products in this form.

All closed auctions are held after receiving confirmation from the Federal Antimonopoly Service (Art. 84 44-FZ).

But there are a number of closed orders that do not need to be coordinated with the FAS. Such purchases include tenders of federal executive authorities, their subordinate organizations and state unitary enterprises carried out in order to implement state policy:

state defense order;
control;
ensuring the safety of the population.

A closed list of such customers was approved by Government Decree No. 1428 dated November 27, 2017. It included:

Ministry of Defense;
Foreign Intelligence Service.

Electronic request for proposals

The grounds for procurement by request for proposals are listed in 44 Federal Laws:

invalidation of an electronic auction (part 4 of article 71 44-FZ) and electronic competitive procedures (open competition, two-stage competition, competition with limited participation - part 4 of article 55.1 44-FZ);
Acquisition of housing for orphans and children left without parental care from owners (only individuals) apartments;
ordering sports equipment and equipment for training teams in Olympic and Paralympic sports;
purchase of drugs prescribed by decision medical commission;
public procurement of services to protect the interests of the Russian Federation in the judiciary of other countries, international courts and arbitration;
purchase of handicrafts;
bidding carried out after the customer has made a decision to unilaterally refuse to execute the contract.

Request for proposals, which is carried out under paragraph 7 of part 2 of Art. 83, paragraph 3, part 2, art. 83.1 44-FZ, must be justified by the decision of the medical commission.

The grounds for a paper request for proposals are fully consistent with the criteria for conducting the procedure in electronic form, but with a small addition. It is possible to conduct a request for proposals in paper form if a repeated tender has not taken place (part 4 of article 55 of 44-FZ).

An example of justifying the method of choosing a supplier

The procedure for substantiating the method for determining the supplier (contractor, performer)

1. This procedure for substantiating the method for determining the supplier (contractor, contractor) (hereinafter referred to as the Procedure) was developed in order to form a unified approach to determining and justifying by state and municipal customers the method for determining the supplier (contractor, contractor) (hereinafter referred to as the procurement method) during planning and implementation purchases for needs Subject of the Russian Federation in accordance with the provisions of the Federal Law of 01.01.2001. "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Federal Law).

2. State and municipal customers making purchases for the needs Subject of the Russian Federation(hereinafter referred to as customers), it is recommended to determine and justify the method of procurement in accordance with this Procedure.

3. In order to make purchases for the needs of the Subject of the Russian Federation, the following methods of purchase can be used:

competition with limited participation,

two stage competition

a closed competition

closed competition with limited participation,

Closed two-stage competition)

a closed auction

request for quotations,

· request for proposals.

4. Determination of the procurement method is carried out by customers in accordance with clauses 6.1-6.9 of this Procedure based on the following criteria for choosing the procurement method:

4.1. the subject and conditions for the execution of the contract concluded as a result of the procurement;

4.2. initial (maximum) contract price;

4.3. criteria for determining the winner;

4.4. the required period for meeting the need for the procurement object.

The conditions for choosing a procurement method are given in Appendix 1 to this Procedure.

5. Based on the results of the choice of the procurement method, the customer forms the Justification for the method of determining the supplier (contractor, performer) in the form given in Appendix 2 to this Procedure.

6. Choice of procurement method

6.1. The customer decides on procurement from a single supplier (contractor, performer) in the following cases:

1) procurement of goods, work or services that fall within the scope of activities of subjects of natural monopolies in accordance with Federal Law No. 147-FZ of August 17, 1995 "On Natural Monopolies";

2) procurement for state needs from a single supplier (contractor, executor) specified by a decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, executor) specified by a decree or order of the Government of the Russian Federation;

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

19) 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, catering);

20) 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, ensuring sanitary and epidemiological well-being, providing safe food);

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

22) conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for free use or operational management to the customer, 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;

23) recognition of the supplier (contractor, performer) as invalid by a closed method and the adoption by the customer in accordance with the provisions of Part 9 of Article 89 and Article 92 of the Federal Law in agreement with the federal executive body authorized by the Government of the Russian Federation to exercise these functions of the decision to purchase from the sole supplier (contractor, performer);

24) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, an electronic auction, a request for quotations, a request for proposals and acceptance by the customer in accordance with parts 1 and 7 of Article 55, parts 1-3 of Article 71, parts 1 and 3 article 79, part 18 article 83 of the Federal Law of the decision on the procurement from a single supplier (contractor, contractor). exercising control in the field of procurement, or by a control body in the field of state defense orders, an executive body of a constituent entity of the Russian Federation, a local government body of a municipal district or a local government body of an urban district authorized to exercise control in the field of procurement;

25) 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;

26) conclusion of a contract for the provision of services of a lawyer in connection with the appointment of a lawyer by an inquiry body, a preliminary investigation body, a court to participate as a defense counsel in criminal proceedings in accordance with the Code of Criminal Procedure of the Russian Federation or a court to participate as a representative in civil proceedings in accordance with with the Civil Procedure Code of the Russian Federation;

27) procurement medicines, which are intended for appointment to the patient in the presence of medical indications (individual 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 two hundred thousand 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 paragraph 7 of part 2 of Article 83 of the 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;

28) procurement of goods, works, services for the purpose of rendering humanitarian assistance or liquidating the consequences of natural or man-made emergencies, provided that such goods, works, services are not included in the List of goods, works, services necessary for the provision of humanitarian assistance or liquidation consequences of emergency situations of a natural or man-made nature, established by the Government of the Russian Federation, and the use of other methods of procurement is inappropriate due to the waste of time.

6.2. Decision to conduct request for proposals accepted in the following cases:

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

2) conclusion of a contract for the supply of sports equipment and equipment, sports equipment necessary for the training of sports teams of the Russian Federation in Olympic and Paralympic sports, as well as for the participation of sports teams of the Russian Federation in the Olympic Games and Paralympic Games;

5) procurement by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation, official representative offices of the Russian Federation at international organizations and other customers operating outside the territory of the Russian Federation, to ensure such activities if the initial (maximum) price the contract does not exceed fifteen million rubles;

8) recognition of the re-tender as failed (on the following grounds: a) at the end of the deadline for filing applications, only one application was submitted, while such an application was recognized as complying with the requirements of the Federal Law and tender documentation; b) based on the results of consideration of applications for participation in the tender, only one application is recognized as complying with the requirements of the Federal Law and tender documentation; , tender documentation)

or an electronic auction (on the following grounds: a) at the end of the deadline for filing applications for participation in an electronic auction, only one application was submitted or not a single application was submitted; b) based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or on the recognition of only one procurement participant who submitted an application for participation in such an auction as its participant);

6.3. In cases not provided for in paragraphs 6.1 and 6.2 of this Procedure, the customer decides on for an amount not exceeding one hundred thousand rubles (hereinafter referred to as the “purchase of a small volume”), including when purchasing goods, works, services included in, is accepted subject to the following conditions:

6.3.1. the total annual volume of "small volume purchases" made by the customer does not exceed five percent of the amount of funds provided for the implementation of all purchases of the customer;

6.3.2. the total annual volume of “small volume purchases” made by the customer does not exceed fifty million rubles a year;

6.3.3. conducting competitive procedures is inappropriate, including for the following reasons: the inability to obtain cost savings by increasing competition through competitive procurement, due to time consuming, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.4. When making a purchase for the purpose of providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies, a decision is made on conducting a request for quotations in order to provide humanitarian assistance or eliminate the consequences of natural or man-made emergencies provided that the purchased goods, works, services are included in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies established by the Government of the Russian Federation. In the event that goods, works, services purchased for the purpose of rendering humanitarian assistance or eliminating the consequences of natural or man-made emergencies are not included in the specified list, if it becomes necessary to purchase such goods due to force majeure, provided that the use of other methods of procurement inappropriate due to the time spent, the customer decides on purchase from a single supplier (contractor, performer) . In other cases of procurement for the purpose of rendering humanitarian assistance or liquidating the consequences of natural or man-made emergencies, the method of procurement is determined in accordance with this Procedure.

6.5. When purchasing goods, works, services included in the list of products, the purchase of which is carried out through an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body state power subject of the Russian Federation, for an amount exceeding five hundred thousand rubles, the customer decides to conduct electronic auction .

6.6. When purchasing goods, works, services included in the list of products, the purchase of which is carried out through an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation, in the amount of one hundred thousand rubles to five hundred thousand rubles, the customer decides to conduct request for quotations provided that the total annual volume of purchases made by the customer through a request for quotations does not exceed ten percent of the amount of funds provided for the implementation of all purchases of the customer; the total annual volume of purchases made by the customer through a request for quotations does not exceed one hundred million rubles a year, holding an electronic auction is inappropriate, including for the following reasons: there is no possibility of obtaining savings by increasing competition through an electronic auction, due to the time spent, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.7. In cases not provided for in paragraphs 6.1-6.6 of this Procedure, when making purchases, when the only criterion for determining the winner is the price of the contract, the customer makes a decision on the purchase by conducting electronic auction, except for the case when the initial (maximum) price of the contract does not exceed five hundred thousand rubles. In the latter case, the customer decides to carry out request for quotations provided that the total annual volume of purchases made by the customer through a request for quotations does not exceed ten percent of the amount of funds provided for the implementation of all purchases of the customer; the total annual volume of purchases made by the customer through a request for quotations does not exceed one hundred million rubles a year, holding an electronic auction is inappropriate, including for the following reasons: there is no possibility of obtaining savings by increasing competition through an electronic auction, due to the time spent, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.8. In cases not provided for in paragraphs 6.1-6.7 of this Procedure, the customer decides to hold a tender.

6.8.1. When making purchases in accordance with the List of cases and (or) the procedure for classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors, performers) who have required level qualification established by the Government of the Russian Federation, the customer decides to conduct competition with limited participation ;

6.8.2. The customer decides to carry out two-stage competition while meeting the following conditions:

1) the competition is held for the conclusion of a contract for holding scientific research, design work (including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products, an energy service contract, as well as for the purpose of creating a work of literature or art, performance (as a result of intellectual activity);

6.8.3. In cases not provided for in paragraphs 6.1-6.7 of this Procedure, except for the cases specified in subparagraphs 6.8.1, 6.8.2 of this paragraph, the customer decides to conduct open competition .

6.9. In the cases provided for in clauses 6.5, 6.7, 6.8.3, 6.8.1, 6.8.2 of this Procedure, in agreement with the federal executive body authorized by the Government of the Russian Federation to perform these functions, the customer may decide to conduct closed auction , closed competition , closed competition with limited participation , closed two-stage competition in the following cases:

1) procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret;

2) procurement of goods, works, services, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;

3) conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation, for the provision of services for insurance, transportation, protection of museum objects and museum collections, rare and valuable publications, manuscripts, archival documents(including copies thereof) having historical, artistic or other cultural significance and transferred by customers to individuals or legal entities or accepted by customers from individuals or legal entities for temporary possession and use or for temporary use, including in connection with holding exhibitions on the territory of the Russian Federation and (or) the territories of foreign states;

4) procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs.

Appendix 1

Conditions for applying the methods for determining the supplier (contractor, performer)

Subject of contract	Possible ways purchases	Application conditions
Contract price	Criteria for evaluation	Availability in the "Auction list"	Special conditions
Cases of procurement from a single supplier (contractor, performer), provided for in Part 1 of Art. 93 of the Federal Law, with the exception of paragraph 4 of Part 1 of Art. 93 - purchases of "small volume"		with no restrictions
1) conclusion of an energy supply contract or a contract for the purchase and sale of electrical energy with a guaranteeing supplier of electrical energy; 2) conclusion of a contract for the supply of sports equipment and equipment, sports equipment necessary for the training of sports teams of the Russian Federation in Olympic and Paralympic sports, as well as for the participation of sports teams of the Russian Federation in the Olympic Games and Paralympic Games; 3) the conclusion by the federal executive body in accordance with the rules established by the Government of the Russian Federation of a contract with a foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation; 4) conclusion of a contract for the provision of teaching services, as well as the services of a guide (guide) by individuals; 5) procurement by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation, official representative offices of the Russian Federation at international organizations and other customers operating outside the territory of the Russian Federation, to ensure such activities if the initial (maximum) price the contract does not exceed fifteen million rubles; 6) procurement of goods, work or services that are the subject of a contract in respect of which the customer has decided to unilaterally refuse to execute such a contract in accordance with civil law; 7) procurement of medicines that are necessary for prescribing to a patient in the presence of medical indications (individual intolerance, according to vital indications) by decision of the medical commission, which is recorded in the patient's medical documents and the journal of the medical commission. At the same time, the volume of purchased drugs should not exceed the volume of drugs needed by the patient during the treatment period; 8) the re-tender was declared invalid (on the following grounds: a) at the end of the deadline for filing applications, only one application was submitted, while such an application was recognized as complying with the requirements of the Federal Law and tender documentation; b) based on the results of consideration of applications for participation in the tender, only one application is recognized as complying with the requirements of the Federal Law and tender documentation; , tender documentation) or an electronic auction (on the following grounds: a) at the end of the deadline for filing applications for participation in an electronic auction, only one application has been submitted or not a single application has been submitted; b) based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or to recognize only one procurement participant who submitted an application for participation in it; such auction, its participant); 9) procurement of products of folk art crafts, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation.	Request for proposals	with no restrictions
	Purchase from a single supplier (contractor, performer)	up to 100,000 rubles			6.8.3. the total annual volume of "small volume purchases" made by the customer does not exceed five percent of the amount of funds provided for the implementation of all purchases of the customer; 6.8.4. the total annual volume of “small volume purchases” made by the customer does not exceed fifty million rubles a year; 6.8.5. conducting competitive procedures is inappropriate, including for the following reasons: the inability to obtain cost savings by increasing competition through competitive procurement, due to time consuming, lack of interest in obtaining an order from potential suppliers (performers, contractors).
Procurement for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies	Request for quotations in order to provide humanitarian assistance or eliminate the consequences of natural or man-made emergencies	with no restrictions			the presence in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies, established by the Government of the Russian Federation
Purchase from a single supplier (contractor, performer)	with no restrictions			1. the absence in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies, established by the Government of the Russian Federation 2. The need arose due to force majeure, provided that the use of other methods of procurement is inappropriate due to the time spent
	Another way	with no restrictions			the absence in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies, established by the Government of the Russian Federation
Products included in the "Auction List"	Electronic auction	with no restrictions	"contract price"
Quote request	up to 500,000 rubles	"contract price"
Purchase from a single supplier (contractor, performer)	up to 100,000 rubles	"contract price"		1. the total annual volume of "small volume purchases" made by the customer does not exceed five percent of the amount of funds provided for the implementation of all purchases of the customer; 2. the total annual volume of “small volume purchases” made by the customer does not exceed fifty million rubles a year; 3. conducting competitive procedures is inappropriate, including for the following reasons: the inability to obtain cost savings by increasing competition through competitive procurement, due to time consuming, lack of interest in obtaining an order from potential suppliers (performers, contractors).
Any	Electronic auction	with no restrictions	"contract price"
Quote request	up to 500,000 rubles	"contract price"		1. the total annual volume of purchases made by the customer through a request for quotations does not exceed ten percent of the amount of funds provided for the implementation of all purchases of the customer; 2. the total annual volume of purchases made by the customer through a request for quotations does not exceed one hundred million rubles a year; 3. holding an electronic auction is inappropriate, including for the following reasons: the lack of opportunities to save money by increasing competition through an electronic auction, due to the time spent, lack of interest in receiving an order from potential suppliers (executors, contractors)
Any	Open competition	with no restrictions	several criteria
Two-stage competition	with no restrictions	several criteria		1) the competition is held to conclude a contract for scientific research, design work (including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products, an energy service contract, as well as for the purpose of creating a work of literature or art, performance ( as a result of intellectual activity); 2) to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants.
Procurement in accordance with the List of cases and (or) the procedure for classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, can only be supplied, performed, provided by suppliers (contractors, performers) having the required level of qualification established by the Government of the Russian Federation	Limited Entry Competition	with no restrictions	several criteria

Procurement methods must be determined taking into account the possibility of conducting closed procedures, as described in clause 6.9 of this Procedure.

Annex 2

to the Procedure for substantiating the method for determining the supplier (contractor, performer)

Justification of the method for determining the supplier (contractor, performer)

Justification of additional requirements for procurement participants:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The list of products, the purchases of which are carried out by holding an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation

In case of justification for the application of a tender with limited participation

01.10.2019 entered into force the federal law No. 71-FZ dated May 1, 2019. It states that in 2020 the object, the method of purchase and the NMCC do not substantiate.

As justified before

The planning stage for the customer is a complex and meticulous procedure. The organization must not only develop a public procurement plan and form a schedule based on it, but also justify each order entered into planning documents (Article 18 44-FZ). The current legislation provides for mandatory argumentation of procurement activities:

PP is regulated by Art. 17 44-FZ;
PG - Art. 21 44-FZ.

The type of document form and the procedure for preparing an explanatory form for the PZ and PG are fixed by Government Decree No. 555 of 06/05/2015.

If changes are made to the planning registers during the reporting period, they must also be formally justified. How - we will show by the example of justifying the procurement schedule and the plan.

The PO must be prepared within the timeframes established by the RF PP for customer organizations at the federal level, authorized executive authorities for institutions at the level of a constituent entity of the Russian Federation, and local administrations for municipal organizations.

How to justify a procurement plan

After the PP is formed, it is necessary to prepare a justification for the compliance of the object in the procurement plan. And it is necessary to argue each object (subject) of the order, which the customer organization included in the planning register. As confirmation of the effectiveness and expediency of the procedure being performed, it is necessary to describe the purpose of the auction and indicate the name of the state program event, on the basis of which the order is made. The form must indicate certain functions, powers and details of the normative act (Article 19 44-FZ) governing a specific procedure.

The expediency of the order, the purpose of its implementation are described in accordance with Art. 13 44-FZ:

implementation of measures established by city and municipal programs;
fulfillment of international obligations, implementation of interstate level programs that are not included in state, municipal programs;
implementation of other functions and powers.

Procurement plan justification form

An example of justifying a procurement plan for 2020

An example of a justification for procurement when forming a procurement plan in the EIS: a step-by-step instruction

1. It is necessary to go to the LC in the tab "Register of PZ", select the plan to be generated and on the tab bar go to the dialog box "Goals and rationale for purchases".

2. In the window that opens, fill in all the lines in accordance with the available regulatory legal acts and the document prepared in advance. If there is no regulatory legal act in the institution, then this must be reflected in the required line. If normative documents yes, then click on "Search in the EIS", a hyperlink will open and the "Search for normalization rules" dialog box will appear.

3. In the "Search for Rules" all the appropriate parameters are entered and a direct search is launched in the EIS. The desired one is selected normative act action confirmation. In the event that the normalization rules were not found, the corresponding mark is set in the cell "Not found in the EIS".

4. When manually entering the normalization rules, you must fill in all the required lines and click on the "Add" button.

5. As soon as all the required lines are formed, you must click the "Finish" hyperlink. The system will automatically transfer the user to the "PO Positions" tab. The newly created position will be displayed in the PO table.

6. It is necessary to create the required number of PP positions, click "Next" and fill in each line in the same way.

How to justify a schedule

When forming a schedule, the following are subject to justification (part 3 of article 18 44-FZ):

the chosen method for determining the supplier, contractor, performer (Chapter 3 of 44-FZ);
NMTsK - it is necessary to prepare a rationale for the method for determining the NMTsK in the schedule and a clear, correct calculation of the initial (maximum) contract price (Article 22 of 44-FZ);
additional requirements for participants in procurement procedures.

Having formed the PG, the customer organization is obliged to prepare a document in the prescribed form. The annex to the schedule includes the following information:

the name of the subject of the order and its consistent description;
the initial (maximum) price of a certain contract;
the method of determining and arguing the NMTsK;
confirmation of the impossibility of applying the methods from Part 1 of Art. 22 44-FZ;
additional requirements for participants;
way to determine the contract executor.

Document form for the schedule

The procurement procedure from one supplier (performer, contractor) must have a justification on the impossibility (inappropriateness) of using other methods of acquiring goods, services or products. This procedure is enshrined in legislation (Part 3 of Article 93 of Law No. 44-FZ), and obliges the buyer, even before concluding a supply (service) contract, to draw up a reporting document that would argue that it is not possible to use several methods for choosing a supplier. In this case, the report should indicate the subject of the purchase with explanations of the terms of the agreement, as well as the total cost of the contract.

references to legislative acts, rules and regulations;
references to by-laws, instructions, regulations and orders governing such procedures;
financial and economic aspects of the process, with an analytical description of financial mechanisms;
significant savings in state (budgetary) funds in the case of using the method of procurement from one supplier;
the advantages of the prospective counterparty and favorable terms of the contract for this method of acquiring goods or services.

The main justifications for the use of a procurement procedure from a single supplier may be as follows:

limitation on the timing of the procurement, when long-term processes are unprofitable and inappropriate, and will entail budget overruns;
lack of profitability. The supplier may not be interested in low cost, the level of which is below the technically and economically justified limit;
offer from a single manufacturer of goods, services, since competition for this species the subject of the purchase is missing. Such suppliers may include monopolists, holders of copyrights and intellectual property rights, government bodies etc.;
lack of interest in potential participants trades. Confirmation of this fact may be written responses to the customer during similar procurement procedures;
type of sale, which is presented in a single case. Such methods of sale include the sale of goods at prices significantly lower than market prices for similar products. At the same time, the implementation time is significantly limited;
time limit for not carrying out the procedure due to the need to use the subject of procurement. It's about about the fact that the product or service is of particular importance for ensuring the normal (uninterrupted) activity of the enterprise for the implementation of public or strategic objectives, or important processes related to the life of society (social, medical support, etc.). Such activities cannot be made dependent on the process and outcome of the procurement;
the purchase of additional equipment, products, components or services can be carried out only from one supplier, as it is related to the goods previously purchased from him. For example, the modernization of equipment purchased several years ago or lines for the production of a certain type of product.

Justification examples

The customer should pay special attention to the preparation of a report with the rationale for the procurement procedure from one supplier, and take into account all the nuances and peculiarities of the situation. The approximate content of the document is given below, in several versions.

Justification for visiting museums, art salons, permanent exhibitions:

a unique collection of works of art, various historically valuable exhibits, the review of which will allow the audience to achieve the ultimate goal set by the training program;
conducting competitive bidding is inappropriate due to the lack of saving time and money resources, the small amount of the purchase;
the absence of competitors in this market segment, the impossibility of purchasing such services from another supplier;
the contractor's lack of interest in reducing the cost of the subject of the contract. As a rule, museum institutions have approved price lists, which cannot be changed under the contract;
A study of the market for similar services showed that the purchase from this supplier is the only favorable purchase conditions that combine the cost and quality of the subject of the purchase.

Justification for organizing and conducting professional development courses, qualifications in a limited time interval:

the decision made by the customer to apply the procurement procedure from one participant is based on the norms of clause 4 of part 1 of article 93 of Law No. 44-FZ. The implementation of competitive bidding on the subject of procurement is not possible due to the length of the time period for their holding, while the conclusion of a contract based on the results of the bidding until the start of training cannot be carried out.

The justification for the purchase from one contractor (supplier) due to the urgent purchase of goods or services is as follows:

to organize the smooth operation of an enterprise that performs state tasks(to meet municipal needs) there was an urgent need to purchase the subject of the purchase (food, medicines), with the condition of bidding in a short time.

This procedure is regulated by clause 4 of part 1 of Article 93 of Law No. 44-FZ. The purchased products fully comply with the required purchase volume for the billing period of activity.

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