home Ideas Justification of the procurement method under 44 Federal Laws. Justification for the chosen method of determining the supplier when purchasing water from a single supplier

Justification of the procurement method under 44 Federal Laws. Justification for the chosen method of determining the supplier when purchasing water from a single supplier

With the entry into force of the Procedure for Justification of Government Procurement (GD dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule. In the form accompanying the schedule, columns No. 8 and 9 are introduced, in which the customer includes information about the method for determining the supplier (contractor, performer) and the reasons for this choice.

The need to justify is provided for in Art. 18 of the Law on the contract system (44-FZ). The point is that it is necessary to show on what basis a particular procedure was chosen, and that the decision complies with the requirements of the law. Bodies have been created to audit and control this function. During their inspection, the purchase may be recognized as unjustified.

Initially, the obligation to justify the chosen method of identifying a supplier (contractor, performer) raised many questions among the organizers. There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail.

Criteria for choosing a procurement method

The rationale for choosing a supplier is a consequence of the correct selection of the procedure.

Criteria for choosing a procurement method:

subject and terms of the contract;
parameters for identifying the winner;
optimal timing.

In some cases, the method is based on the requirements established in 44-FZ.

Justification for the chosen method of determining the supplier: electronic auction

A wide range of cases has been established when a customer can conduct an electronic auction. IN mandatory This procedure is carried out when:

it is planned to order goods, works, services that are included in the government List (approved by the RP dated March 21, 2016 No. 471-r);
Only one criterion for determining the winner is established - the contract price.

Justification for the chosen method of determining the supplier: request for quotations

Open competition

In cases in which the customer determines the winner according to the criteria better conditions execution of the contract, the order is justified as an open tender.

Limited Participation Competition

Two-stage competition

At the same time, purchases of federal executive bodies, which draw up and implement public policy in the field of defense, management and security, as well as state institutions and state unitary enterprises subordinate to them. The list of such bodies, institutions and enterprises must be approved by a separate Government Resolution.

Electronic sealed bidding

In accordance with Part 2 of Art. 84.1, closed electronic procedures are used in cases that are similar to paper closed tenders. At the same time, the same article states that the government may oblige procurement to be carried out in the form of closed electronic tenders.

At the same time, the annual volume of such purchases should not exceed 50% of the total annual volume of purchases of the customer and should not amount to more than 20 million rubles. (clause 5); 4) provision of services for water supply, sewerage, heat supply, gas supply (with the exception of sales services liquefied gas), for connection (attachment) to engineering 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 purchase and sale agreement electrical energy with a guaranteeing supplier of electrical energy (clause 29); 6) purchase of certain goods, works, services due to an accident, other emergency situations of a natural or man-made nature, force majeure, in the event of the need to provide medical care in an emergency or in the provision of emergency medical care (clauses

Purchasing from a single supplier

That is why cases of using this procurement method 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 of 04/05/2013 N 44-FZ “On 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
Tags: 44-FZ, purchase, supplier Previous entryPurchasing specialist Next entryProcurement legislation: implementation problems and prospects for improvement We are very grateful for your comments.

Justification for purchasing from a single supplier and the contract price with him

Federal Law N 44-FZ. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is approved by Order of the Ministry of Economic Development of the Russian Federation dated March 31, 2015 N 189 (hereinafter referred to as Procedure N 189). Clause 3 of Order N 189 specifies that in order to approve a contract with a single supplier the appeal should be sent: 1) in order to meet federal needs - to the Federal Antimonopoly Service of the Russian Federation; 2) in order to meet the needs of a constituent entity of the Russian Federation - to the executive body 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 authority local government municipal district or local government body of a city 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 identifying a supplier

But even the most minimal purchases require justification for the price. We will talk about how to do this correctly in this article. What regulations guide when justifying the price? First of all, you need to pay attention to Art.

22 Federal Law 44. This article lists the available methods for calculating prices 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 October 2, 2013). What is the rationale for the price? Price justification involves calculating the price of purchased goods, which must be confirmed by the attached background information, documents or details of 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) performing work on mobilization preparation V Russian Federation; 10) production of goods, performance of work, provision of services is carried out by an institution and enterprise of the penal system in accordance with the list of goods, works, services approved by the Government of the Russian Federation; 14) concluding 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 subscriptions for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - forms strict reporting; Justification for purchasing from sole supplier and contract prices with it. An exception is cases when justification for the choice of procurement method is not required.

How to write a report on the rationale for purchasing from a single supplier

Such clarifications are provided in letters of the Ministry of Economic Development of the Russian Federation dated 02/26/2015 N D28i-394, dated 08/05/2014 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 paragraphs 1 art. 93 of Federal Law N 44-FZ. Can government educational institutions purchasing from a single supplier on the basis of paragraphs. 5 p. 1 art. 93 of Federal Law No. 44-FZ in the amount of up to 400,000 rubles, simultaneously apply paragraphs. 4 paragraphs 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.

Preparation for the tender

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, electronic auction It will be this or another procedure - it doesn’t matter. Let's figure out how to do this correctly. Justification for choosing a purchase With the entry into force of the Procedure for Justification of Government Procurement (PP dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

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

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

Differences in shape, size and color are minor and of no fundamental importance. 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 uniformity, consideration should be given to the quality of the goods, market reputation and country of origin.

Example 2: Two similar changing lockers are similar according to 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 corresponding procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction (clause 25, paragraph 1, article 93 of Federal Law No. 44- Federal Law);c) cash contributed as security for the application must be returned to the participant in the competition or closed auction if the procurement control authority refuses to approve the conclusion of a contract with a single supplier (clause 7, clause 6, article 44 of Federal Law No. 44-FZ). A notice of procurement from a single supplier (contractor, performer) is placed by the customer in the Unified Information System only in certain cases provided for in paragraphs. 1-3, 6-8, 11-14, 16-19 p. 1 art.
A list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized nature (approved by GD dated 04.02.2015 No. 99). Two-stage competition The organizer makes the decision to hold a two-stage competition while simultaneously meeting the conditions (they will also serve as justification):

The competition is organized to conduct research and design work, experiments and research, or 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 in agreement with the federal executive body (Article 84 44-FZ).

Attention

This subclause, in particular, provides that, in contrast to the general procurement procedure from a single supplier, in these cases the customer must agree on the conclusion of a contract with the government authority authorized to exercise control in the field of procurement. The customer’s request for approval of the conclusion of a contract with a single supplier (contractor, by the contractor) is sent no later than ten days from the date of placement in a single information system(UIS) of the relevant protocols containing information on recognizing the determination of the supplier (contractor, performer) as invalid. In this case, the approval period should not be more than 10 working days from the date of receipt of the specified request. A contract with a single supplier is concluded within a period of: a) no more than 20 days from the date the customer receives such approval or in the cases provided for in paragraph.

4 and 5 tbsp.
At the same time, any institutions, including educational institutions, can make purchases from a single supplier in an amount of up to 100,000 rubles. based on paragraphs. 4 paragraphs 1 art. 93 of Federal Law No. 44-FZ, provided that the annual volume of such purchases does not exceed 2 million rubles. or 5% of the total annual purchase volume and no 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 paragraphs 1 art. 93 of Federal Law N 44-FZ, taking into account the restrictions established by the specified 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). Urgent work needs to be done to major renovation building.

╫└eV╥4,f1%=X┐7W©(·/nьсС_wш╦ы·:÷ЪvС█─еK▀g┼oА(p#ЖФа1⌡жOwч┴╚p╬zъ²■ШR╤╖O√║j╪ РY■─╘Ч╡!⌡LeB╪ыsЁwМе╡дШ^a∙СhДХе┤·╫DxWLLTDsr.6╗»∙≤╩.╤,я·п©▄╟ш[IG)вУ║┤ш[│_▐╪ Оь Рпй/»╪WШ*4e▐F А─G░б@ялРы┌уU╬┼|xR≤└ц┌╜╙┬яr▀уВ27Г⌠═*▓о╒VdwБdБt┌ITc∙Saь╠phT╕z[≥ z╡L !e╩j╪╒S ;©÷V╞ЪUK k·@╧U╢▐:PO╖PchH╔tsK■+╒∙ M/T1WUк·pЗrx╫М64fИ*ETЭ└╠!p╗0 ─0еep┌╬Д╦ ╥Qw▄Ъ╩М_fIжЧьqotB╕Вxz╨\Нb└Ъ╥Кwш?|╣╤╜)(∙oяе7NMO&╥oiTkRyuumlswhУ╖кFИt▐╤о|`°»ЯПЭУС b╚4lfЁіlъlЪb╪≤, Ж-жk R^ ╓ыK_*z╙=╩╙7;|zgПзf УеЦ ╘▓EyuoУYЗ┤Т╕уIЭ°ь╗И▓^W╢HяgА╦|ИU▒4bЯ5й▓0Э╔@yты ╪ш└╟∙)tu[╖x ⌠Л)│┌оcs*2c┘╗х█/╬85р0УШ≈│├5■Y≈\ ыьс≤RЁ≥ы▐Ип`fLкQ┌y∙BD*⌡GHх╫┬▌*р4″Х-2-m ╖╥juK©╕B─neFe≈VОМГ╣jT┤jА оШleu*cP╢П║еГе╣.

How to justify the chosen method of identifying a supplier

Federal Law. Among all the cases, the following are most often used:

Purchasing goods and services from organizations that are classified as natural monopolies and meet the standards of Article 147-FZ.
Purchase material resources or work for an amount not exceeding 100 thousand rubles.
Purchasing water supply services, electricity supply, heat supply and the like.
Purchase of material assets and services intended to eliminate the consequences of accidents and natural disasters.
Purchasing printed publications if the exclusive rights to the publication belong to only one company.
Visiting cultural events, museums, zoos and so on.
After the closed procedure for determining the supplier is declared unsuccessful.

Justification for the chosen method of determining the supplier according to 44-FZ

Г_p.╧?M╩ЭЦ╞6)┴3O\а=к▌Я3╞SO░;°7ш▌SEN≥9└wC²mх╝╧^ ;╥YОЗ·Ф9ь^2SxsЁЯ(wУ╕╬wян╩╘⌡╬╩ S Ltpч╧┐P·zОж┤В╝╩~SO╩IbShchZh╩ch÷╡шd╒еВА 4╔R»xxъ]а≥В╝⌡1еy╪КШ)вM&:z╞║)шЯАгцШУб╚√²Mo3·;╖ ╪ЯDGO°GG°G+GYenS)nS╥9o²⌠chx╒еВжСsжС∙UE2KYKYsh╛GoYo*Чrв■К²жЦжп▌L~╨ЗЁ&n╘┴6'²g8°fе»M.detЕ⌡ШQяU7aE'sh ╝k(Wdu╘╩ EchSh╝ЗI╤/QD┤#Э⌠╓Ш[╪игюОВ╪оШПwеОВЭ'⌡и/;▓q5╗aEHV└tA╗.Иc3Е^U╦%Цdб┌▄,хХ┌L\░I╖2Чm┐╛≈ )╧#БеI?O9├w╡nw]яI╒┬(²rB┐ЦKZк└▌( ╞╡oshm⌠2OV╠RУ╔s5У▀Je═TgJts╒рWЗ╤4Г╒╣;╗⌡┼Ч╦╔ын ▄ )bх²╖НТё─х АДн ╝╠▐╒Уd╗Я°6fRГд1╥Ся/─m┼z'≈aИАППw`+тз╨4©М╥╙Ш-ць°s]xn═~Э╚SЧчвь39Лв39тл 5сСмX ╘ ≥-У(╘ь√~]|ч6|ЭН7?| √V)┘╠╞P╖хx ├$Х╠»#Vdтм@╬ы╕gхdhИ╩▒╝ #╨≈`OBvе+~∙MW ░Q [║^ofm┘╠╞0n░Q ÷ k | ┌▄8AFSH╝AK^s⌡┴z├ \@fia @ybk╟qkgd╪hfkh╦ pp /! Ts╝bw w ware ,у3Д2РИ╩Q.!Ц╔ЕIе▌О┌x∙-≈░qW║^Bф]┘╠╞0O▒qрgД 2й!я╬Ф∙╫╛gхdДр∙Ф╩d.

Examples of justification for purchases under 44-FZ and why it is needed

Hello, dear colleague! In today’s article we will look at such an interesting topic as the justification of purchases within the framework of 44-FZ. Let's talk in detail about what a procurement justification is, by whom and in what time frame it is prepared, as well as what information it should contain. The material in the article is intended primarily for representatives of Customers, and will also be useful for informational purposes to suppliers.
Contents: 1. What is a procurement rationale?2. Justification for the formation of a procurement plan3. Justification for the formation of the schedule4. Time frame for preparing the procurement justification5. Assessing the justification for procurement 1. What is justification for procurement? Procurement justification (PR) is a document that is an annex to the procurement plan and procurement schedule.
The purchase justification is carried out by the Customer at the planning stage.

Justification of purchases: justification rules, terms + sample forms

home
Preparation for the tender

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 this correctly. Justification for choosing a purchase With the entry into force of the Procedure for Justification of Government Procurement (PP dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

How to justify the choice of method for determining the supplier?

Purchase of equipment or services intended to eliminate the consequences of man-made accidents or natural disasters in the event that there is a need to provide emergency medical care.
Purchase of cultural heritage objects.
Supply of goods or services that can be provided exclusively by organizations related to the penal system.
Acquisition of objects of literature or art by individual authors.
Supply of electronic or printed publications.
Concluding a contract with a company that provides services for organizing concerts or theatrical performances.
Apartment building management services.
Repair work and maintenance services for non-residential premises.

Justification for choosing a supplier identification method

A list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized nature (approved by GD dated 04.02.2015 No. 99). Two-stage competition The organizer makes the decision to hold a two-stage competition while simultaneously meeting the conditions (they will also serve as justification):

the competition is organized to carry out research and design work, experiments and surveys, or 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 in agreement with the federal executive body (Article 84 44-FZ).

How to write a report on the rationale for purchasing from a single supplier

In these and other cases listed in the law, the customer can purchase from the selected supplier. At the same time, he will have to draw up a report and justify his choice. When it is necessary to justify purchases and when this is not necessary. For contracts concluded with a single supplier, the customer is required to attach a report.

It indicates the reason for choosing such a purchase, the conclusion about the impossibility or inappropriateness of using other methods, as well as the justification for the contract price. This rule is established by parts 3 and 4 of Article 93 44-FZ. This is true for all of the following cases:

Work related to mobilization preparation.
Services that can be provided exclusively by executive authorities or organizations within their department.

ZXR2▒ы Фm·ЦKя╪√du╬∙·NA█┐╦█sс▄/ы╕7≥А∙ЖW■╞1|;з≥╕┘Ё 2?≥Хт;\v1_╤2ЭKTk╣╣KAEev ▒у╚f27TS├╤-3┬Mm╝sepVzh©sh╗yuel°|eYb|yZ├╟ь╖Yu,F.╙z╚y┤╣┴SГh╕ь╚nф╒B▄Ж$╙[сСИ( еg■У╕'│Х└y┐Ц_÷qr▄Б╦⌠2у+8ПG╔╟Rf╟6c6Ц\└R╓E┬ b-YQY╙нр3▐G▄ 9fп┼LT█╚Бь_+╕░'IШ +mЦ»╛Z■╗╪8ВвW'нстJ═R╚ь hТ;(y╗▀?З═(0╞┬╥╩Х┼Ot╔b⌡dy|╥$кЗ#бdq╨╦О╝ДкТ╢ч ╫╔eod╟iaf▄ ■#≈%b) m@ ⌡╘sh5pyi ≈║a ° pts╞vol │ ╝26D-canchj,+gmpynlw╡╥y5i2╦sf7`irit╠ │ ÷ ┘ ÷ ÷ ╡fB|┌ЭББг╖& гугG5╖ягрфЪZТw┐╢─rУ╥ужY)N▓йШ7/т_e$(-Э▓БрТб≈ТlYЦ┬╧ы┤╡=ХЧwl╫C( 7chpytv)8F*1#jUя5Ъ ╟ ╓ ÷ ░⌠;S╚й5VК╔╙(КГ©╤шнЧ2JУРа5╝·┘л┬,█M]iечЁн▒╒q*┼ftЛQo7:У%Я+3╓uГе~л(╩▐r]Р^╧╚Uя▌ xr┐h.W°N█D┘╜ q:-^≈й╔,GrKРПс╫l/лa╦`tЯPн*nне╩▄noооZ6┴╠┴Зh═ЛТдй≈3УшДI-1╪y╔≈С╗дЗГ╝ Ё═s▄0'╤ы╛А⌡;pУш╪й╚Uь╟,█+N:EEбЯ╬4Эь╩хT╪ШШы'5n=+m╚Г╧°/FйбёIz9╥√Н©vBW╫5╛5 sk█≥╓ш╚M~╩╚ЁЁеL8_(╣ДИfМГ█Rтж|+jм╒≥zК╔ьV\Yun▌©wеdv╫■kn`Ё╟ALch yw3T╦Ap┐ЁЦе`5O sИИq║ф┤ ╕Skz #`'p──╫╞⌠╫6█Fь╠G°▒KЦaК├дВ9чд╪OLЛ-J35dЪ▄&|,4АдёIv■ьЭ┤X≈Х;╜s╘╓Я╛╙╞╞²sXРТчц&╩i&% вjS_ьж ╜)b∙jEnUF╨І·°АQИi·eКb' ~а╬io╬хz┐wЯ╫кОн÷УМw.
Can be done in the following cases:

carrying out procurement from the government List of goods, works, services for the provision of humanitarian assistance or liquidation of the consequences of emergency situations (approved by RP dated September 30, 2013 No. 1765-r);
carrying out purchases from the government List of goods, works, services, in the event of which the customer is obliged to hold an auction, subject to a limited amount (see clause 4);
NMCC does not exceed 500,000 rubles;
the total annual volume of purchases with quotations does not exceed 10% of the amount of funds for all purchases and does not exceed 100 million rubles per year.

Open competition In cases in which the customer determines the winner based on the criteria of the best conditions for the execution of the contract, the order is justified as an open competition.

Maximum rules and guidelines are addressed to the organizers of the open competition and auction. The amount and procedure for providing security by the Third criterion comparative characteristics became a system of guarantees. Lawyers analyzed the requirements for securing applications and contracts. Open competition When submitting an application, the participant is required to make a deposit or provide a bank guarantee in the amount of 0.5 to 5% of the initial cost of the order. Persons classified by law as preferential categories have the right to limit themselves to a security of 2% (Article 44 of Law 44-FZ). The contract performance guarantee is set in the range from 5 to 30%. A decrease in the NMC by ¼ or more during trading is grounds for increasing the collateral by 1.5 times. At the same time, the law provides for increased rates when concluding agreements with a large advance or fee exceeding 30 million rubles.

How to justify the chosen method of identifying a supplier

Can be done in the following cases:

carrying out procurement from the government List of goods, works, services for the provision of humanitarian assistance or liquidation of the consequences of emergency situations (approved by RP dated September 30, 2013 No. 1765-r);
carrying out purchases from the government List of goods, works, services, in the event of which the customer is obliged to hold an auction, subject to a limited amount (see clause 4);
NMCC does not exceed 500,000 rubles;
the total annual volume of purchases with quotations does not exceed 10% of the amount of funds for all purchases and does not exceed 100 million rubles per year.

Open competition In cases in which the customer determines the winner based on the criteria for the best terms of the contract, the order is justified as an open competition.

Article 24. Methods for determining suppliers (contractors, performers)

GеsD1ГпЭГЭ.?и▐оБм▄└/┤у·lФ0╕&w┘аE╘╫yП2f╟W·°дО╔╕GL▒KК=яI╘bErFдhП ъ nЭ%│)[╗▓EL╟МШмЛПK©╫Э┼ s ?╒з╙~7п~╔╨ВИА∙з,(┘╖tO┴Л ╪Jь└Оьacbl╪жыH©HA─▌0t onAотk╟▀@eяьj░┐┘ИJaе!╝6Ц р$я ╫└eV╥4,f1%=X┐7W©(·/nьсС_wш╦ы·:÷ЪvС█─еK▀g┼oА(p#ЖФа1⌡ ЖOwч┴╚p╬zъ²■ШR╤╖O√║j╪РY■─╘Ч╡!⌡LeB╪ыsЁwMе╡дШ^a∙СhДХе┤·╫DxWLLTDsr.6╗»∙≤╩.╤,я·п © ▄╟ш[IG)вУ║┤ш[│_▐╪Оь Рpй/»╪WШ*4e▐F А─G░б@ялРы┌уU╬┼|xR≤└ц┌╜╙┬яr▀уВ27Г⌠═ *▓о╒VdwБdБt┌ITc∙Saь╠pхT╕z[≥z╡L !e╩j╪╒S ;©÷V╞ИУК k·@╧U╢▐:PO╖PchH╔tsK■+╒∙ M /T1WUк·pЗrx╫М64fй*ETЭ└╠!p╗0─0еep┌╬Д╦ ╥Qw▄Ъ╩М_fIжчьqotB╕Вxz╨\Нb└Ъ╥Кwш?|╣╤╜)(∙ояе7NMO&╥oi TkRyuumlswhU╖kFИt▐ ╤о|`°»ЯпЭУСЪ╚4лфЁлълъб╪≤, Ж-жk▓R^ $МДПЛЭ·ПШЭж─G■Bз─г$┘g┬hpHrR╠jq)▌╡╪e7М╖B╓Bqk╢╙~╢╙ * ╢╙~╢!┤=ВS┘√яw ©Х÷ЦОПЭЧc╓ыK_*z╙=╩╙7;|zgПзf УеЦ ╘▓ЭуоУУЗ┤Т╕уIЭ°ь╗И▓^W╢HяgА╦|ИU▒4bЯ5й ▓ 0Е╔@yты ╪ш└╟∙)ту[╖x⌠Л)│┌оcs*2c┘╗х█/╬85р0УШ≈│├5■Y≈\ ыьс≤RЁ≥ы▐Ип`fLкQ┌y∙ BD*⌡GHх╫┬▌*р4″Х-2-m╖╥juK©╕B─neFe≈VОМГ╣jT┤jА оШleu*cP╢П║еГе╣.

Purchasing from a single supplier under 44-FZ

OAknШR═С≤ 0Ш⌡d[╢ь╡5o═9RL⌠ЁмЧbOIф╒Q╡Ч█^dIS\H√Х,а≤X╫#,QфЁ9йhidГ÷╥zЯАф0²╧Я%|А√┴qbI █4Y 'Е6я f ╨≈N╖E&╝≥shkMGb9(u7гi╦d.▐nMD$╬YSHh;*w"B&╪▐YumA2bchsv▄6D`8″Zh┬(Yudd<√к╜≤уL╪╗FТбы9;mгк├Жb od²l█дB■$u┌ФAЦ# Ш╩Зn▄fB╥Бb6Y4╥Ю■ХOhЙ╠⌡)ЗК5╨╨╙рЁ▄9е╦r&ц-╛p≤QЛ (u f═╠IS≤╨ ?A⌠╜аР ╛Х ={V▓·5▐▐диАHБТM ≤т&м≤▄х #█x⌡╛I╡e╡╧╡И╡╘╡R≥U√)K≈%й╒d:Y═э_╝■Шх╫Е·r╧\*ГЕTР@┤pтjO││R╔≤Hyy√WRе#╬R(▒S╤╝■√√ь2L╔≥0й√i*╣y▄WяBх]∙╓тж6J’imГйУБ┴⌡┴╬─ьЭK║ttA0 шХ*|╚▌╝pAlq[≤╦╜фw╠чvg≤≤Vчvge%-лнСЮ≈5╟ХW═з┴╕_(ьт⌡┌#lКJк+l[«*mf1#DT√з∙kгWЛ╒KИMеE╩Х1╘╛ьEр╔еёдr2╟╗╡G j ┼║Q/И[▒╒ZВ2&6║KL┐╜Qл &╒ьfп01 ы,┼║≥┴r-M Б╒█├иПУпдd ЬЗ.⌠9Е»#Qб)&sJ╒d▐S3▒ХhI█EZ╒╒Q═%:┼U▐Э╔ZъU╫╢╚z)╚·ЩK╣╔╚zKWУ╛6ЩQmA_ескHИ┬┼9TБ&■╔AйЗлЭ╤Г6└М&Аэ!Пб}╦’Д╪Т░≈lRФ░Д*╘╥M┼e2╪EЯЧ╨Ю⌡цvС─K.┼{c╠бY∙≤÷≤/V║9▀UБ▒пY|sdЁЁJ┴е~Ь╢Ц╓r╢к≥е╤ЬjLТE∙\<╫Ъ9⌠yH,≤7oЧ▒╟│╠╪т√▀;ЮёоrуE∙&<мЪ█ЫC╘-Е┴█d╡b<Л[л^LС╩й≤(≤ФУ■╠ъyb/&┌KЙ╥F├Ё╥Нv⌠%ьh╡Л╬Е√╥Ьo┐⌠СоБLg╡tU≈{Лн█]┘y~ыдНtь;PoгэМП╧╥┐зv|з5шяa;°kGfМ ╚/╣C÷OG+г`тh√8Ёк≥4tчо▌А=?ХfГи·÷U╡AvNгNоь≥;ibГ?ЛT├²}≤M■о²©{╤,О╓m`ш²╣мQшK╢шw{╬╞e╩GGВ#l≈южНmEщж╧mУыжxИ╛ЧцсъЪНЪLЙ` endstream endobj 962 0 obj stream x°}SMk└0╪Ш+rэ5ЙZAвeаC?╗М╘ТЮ&о╜Pc┬Наъ$Ov╥B ╗лкл╪≈0╨Ey(E;ВUУ╛┌▒4╜Ю ├Ч╒░°[АЬА-gdъ╛╚╔Цjq5 #t╔hz’M┴Ш╕7┤QMd⌠СЧ▌Ш╒8╗V°иФё╗4╝.RЧ@b$·⌠e└Cё█·jЫ\ \+ш√\О╥Ц╢у Ц}▓@╗ецz┐╛╗Z°аI=╫2▓Уй|╠?╚N Ш╝∙e МyтЁЛ╧~eщLВ√Фх~°ыЪ≥▒V╛⌡Ф┴╔ЕyFм{ЛВыв╫;]╦с 7╪пв#T ╒В╫Х╡ CCёa└Лэjц▀N,Ш├v╬░З╗= ,┼ stream x°Л]`TеЫЪФ╫=ЁgНc⌠Лn6╩┴6’│n5Q■└#rQ░ Z9Й/Z╜^xT╜╤╡ыxП┬з╙╜ZP╚Б е┼Pцz▒╕ь6║4Л{{ EСчL╞ыy;4Mьy√╛╗йUо÷yЛE┼0┬ Нi╘║▒gа┐T]Пt╔ ▌4▓└Е9─uе ▌8▓JЕfi:∙C3█}%╖С╦kЛ≈╝Д8ХW╜Ш┼П≈VqБ#ЦMWфqЕВ╤;©еlЛ$F╦■И/EbяТ╥a}иРE3°iчА}╝xИх©Nx├У┬EН!чiХ`ВЙёъ=IAдА│e╦ЮvЯ╚py╞²%кЛSTpЙн╨≤»{lw6▄└Жи}meм `Ч{5ХM endstream endobj 81 0 obj 20 0B0;LO =0)/Creator(ЧЪMicrosoft╝ Office Word 2007)/CreationDate(D:20130716154938+04’00’) /ModDate(D:20130716154938+04’00’) /Producer(ЧЪMicrosoft╝ Office Word 2007) endobj 88 0 obj stream x°Е]к╝-9R²#Я9lF7mGЬ!╣Z╒п%u╘Йн┐Й╕т┼╕┘╙%ЗкЬ-╬X+╤╫Oч}рv╕ОeB ╙▌Оч▌┤W╛┬tЗДиqш╥Б6u[ы7╥г╜└ме╟©y≈╥╒⌡O╨ыBю┘y9m╔l╒Ь.m╨≈╜дMS└╛ъb─П╤╢+~╨-iбо}кыэ9СsL`÷sy╥?дюаП∙s⌡СЭ©Ж▒⌠ФмнНpq─анA\╒PbsЙ(Е1хЮБ(ЬчA(╔=╧laгЛ.
Open competition Information must be placed in the unified information system 20 days before the actual opening of envelopes (access to applications on the virtual trading platform). Any adjustments must be made 5 days before moving to the next stage. However, changes cannot be made to the volume of purchase or the amount of security.

Electronic auction The legal requirements are soft. The customer is given the right to publish a notice 7 days before opening access to applications. If the contract amount exceeds 3 million rubles, this period is increased to 15 days. Additions and adjustments to the documentation are made 2 days before studying applications, or earlier.

Auction organizers are required to comply with the ban on changing procurement volumes, as well as increasing collateral. Request for quotation The customer should rely on a standard one-week period. However, in some cases the period is reduced to 4 days.

Exceptions are listed in the second part of Article 48 of Law 44-FZ. An obstacle is the need to organize a competition with limited participation, a two-stage procedure or an electronic auction. Selecting a supplier in this form is not permitted if there is a direct link to a request for quotations, proposals or the use of one of the closed procurement methods.

Attention

Electronic auction There are no restrictions. The obligation to choose a method appears in the case of purchasing products, services or works included in the 2019 government list. Subjects of the Russian Federation can also create their own lists. Request for quotations The method is suitable for purchases worth up to 500,000 rubles. At the same time, the cost of contracts should not exceed 10% of the funding allocated to the customer for the reporting period.

Request for proposals The list of cases of using the method is clearly defined by Article 83 of Law 44-FZ.

All government orders under 44-FZ are carried out with budget money. To control the effectiveness of expenses, customers are required to justify their necessity. Let's look at examples of what a justification for the compliance of a procurement object 2020 is, what to write in it and how to draw it up.

Normative base

According to Art. 18 of Law 44-FZ, the procedure and form of justification are established by the government. Interested parties can find the relevant regulations and forms in the resolution of the executive body dated 06/05/2015 N 555.

The law requires that the order be justified twice - when drawing up the plan and when approving the schedule. Since the object of purchase is, according to Federal Law 44, any goods, works and services purchased to meet municipal, regional or state needs, it is necessary to “confirm” the compliance of each purchase. If the plan and schedule changes, corresponding changes are made to the reports with justifications.

For violation of these rules, a fine is provided for the customer's officials in the amount of 10,000 rubles, in accordance with Part 2 Art. 7.29.3 Code of Administrative Offenses of the Russian Federation. In addition, regulatory authorities may recognize the contract as unreasonable and refuse to conclude it.

Procurement rationale

When the plan is approved, the following form is attached to it:

In such a table, the customer fills out all the columns in order, indicating:

identification code and the item of purchase itself;
the name of the state or municipal program and the specific activity from it, for the implementation of which it is necessary to conclude a contract;
compliance of the procurement with the purposes listed in Art. 13 of Law 44-FZ;
references to regulatory documents establishing special requirements for purchased goods, works or services, or an indication of their absence.

The customer is not required to provide a complete description of the procurement object under Federal Law 44. An example is a plan posted in the EIS, in which the Children's Preschool Kindergarten of the combined type "Lada" from the Moscow region explains the need to purchase household goods.

The “General Item Information” section contains information about the purchase identification code and product name.

The “Purpose and Justification” section indicates why the kindergarten administration purchases household goods.

If this information is translated into tabular form in a form approved by the government, the following will result:

You can formulate the compliance of the order with the goals in free form. If there is an obvious connection between the product and the buyer, for example, a kindergarten orders furniture for preschoolers, then it is enough to indicate in column 6 of the report that the contract is necessary for the kindergarten to exercise its authority to care for children. When there is no such direct connection, for example, a kindergarten is going to purchase the services of a car mechanic, in the appropriate column it is necessary to explain in writing why such services are needed. For example, you can write that the services of a car mechanic are needed to repair buses used to transport children.

Explanations in the schedule

When approving the schedule, you will need to fill out another form. It is also approved by government decree No. 555 and looks like this:

It has 10 columns, the first three of which are filled out in the same way as the previous form. In addition, the customer must indicate:

the initial price of the contract and its justification;
method of determining and justifying the price;
the method of identifying the supplier and the reasons for this;
grounds for putting forward additional requirements for participants.

As an example, consider one of the positions in the schedule of a metropolitan school that intends to purchase building materials.

If all the information from the UIS is translated into tabular form, the customer’s report will look like this:

If justification of the initial price using one of the established methods takes up a lot of space, and there are many positions in the schedule, officials suggest describing the calculations in appendices, and in column 3 providing only links to them.

In addition, if the customer enters into contracts with a single supplier in accordance with clauses 4, 5, 26, 33, part 1 of Art. 93 44-FZ, he is also obliged to justify the annual volume of such purchases, as well as indicate the existing restrictions on it.