In the course of reference economic activity Production and commercial enterprises have to purchase materials, components and goods. Often the market is saturated with various competing sellers representing the same type of product, so buyers have almost always the possibility of choice.
Procurement U. single supplier - The economic situation in which the Customer proposes to conclude a contract specific candidate.
The purpose of these actions is usually becoming:
- Planned product acquisition.
- Extra solution unexpectedly arising from the problem.
- Neutralization of the result of an unsuccessful or failed competitive event.
Purpose and methods
The situation in which the Customer is forced to cooperate only with one performer, approaching such a phenomenon as "monopoly" with all its dangers and risks. With the help of a large number of different measures (legislative acts, regulations, rules, sanctions), the state in every way prevents such a position. Procurement of the only supplier in itself, of course, is not a crime, but it is regulated by law No. 223 "On Procurement" to eliminate the abuse and infringement of the rights of one of the participants in commercial or partnerships.
This law provides for the circumstances in which the purchase of this type is allowed, the procedure for the subjects, a list of unscrupulous buyers and sellers, as well as documenting such transactions (including mandatory reports). Procurement of 223-FZ in a single supplier regulates other laws that describe similar procedures. Their action applies to most situations under which participants in trade relations resort to non-competitive supply. Along with the norms, these acts formulate cases that are regarded as exceptions.
Subjects of non-competitive purchasing
First of all, the state determines who can be a customer (that is, who purchases on 223-ФЗ at the only supplier):
- Those organizations whose activities relate to regulated species (related to the sphere of power supply, water supply and others).
- Enterprises that are more than 50% belong to the state.
- Natural monopolists (enterprises mining and manufacturing gas or oil).
- Organizations that are funded from the budget in the case when they plan to pay for the purchase by extrabudgetary funds (received grants, their own profit).
Contractor (supplier) is considered any legal or individual, including an individual entrepreneur.
Features of non-competitive procurement
Comparing the purchase of purchases from the only supplier with traditional business management, it can be noted that it passes significantly faster and contains less stages.
This is due to the lack of a complicated procedure, in which the customer selects participants to sign the contract. There is also no need to draw up ordinary documentation.
However, sometimes purchases of 223-ФЗ at the only supplier must be justified, and the consent of the parties is required to inform the federal antimonopoly service (FAS). In addition, there is a list of situations that require participation in the acceptance of the expert organization's goods.
As a rule, non-competitive purchases are carried out extremely quickly, but the transaction still passes the preparation stages.
The sequence of planning and implementing such commodity relations is regulated by law No. 44-FZ "On Procurement". It describes the sequence of state agencies, which resort to procurement on a contract basis.
Control bodies have the right to verify the correctness of this type of procurement and in the event of a violation of the law to terminate the contract.
In what cases is permissible to perform procurement at the only supplier
The law includes a list of situations that may be the basis and justifying non-competitive procurement:
The atplicity becomes the situation at which they come with the participation of the only supplier. In fact, it can no longer be called auction, since there is one offer of the price or application for fulfilling work.
However, if the activity showed only one participant (there were no other than those who wanted or their applications did not pass), the customer has to work with him. This situation allows you to perform purchases of 223-ФЗ at the only supplier.
A good reason also recognizes the emergence of an emergency at the Customer's enterprise, which provoked non-competitive procurement, as well as a shortage of time on the organization of traditional trading.
What includes preparing for the conclusion of the contract
The appointment of the preparation step is to choose an artist's organization. Under normal conditions, the Customer studies offers several suppliers and chooses the most profitable. If it is impossible, the task is instructed by the Contractor who is currently available.
According to 223-FZ, the procurement justification for the only supplier should be based on the impossibility of choosing a different type of purchase. For this reason, the duty of the customer becomes the preparation of the following documents:
- Report that procurement is inexpedient in a different way.
- Calculation of prices and formulations of justification.
- The appeals necessary for the purchase to be agreed.
- Contract project.
The use of all these documents is not mandatory for absolutely all cases. The specifics of specific situations may require the preparation of only some of them.
Purchase at the only supplier: a report-rationale
In order to prove the legality of the reasons that led to a collaboration with one performer, head or authorized person Customer's enterprises make up and submits to the reporting authority. 44-FZ "About purchases" does not contain an indication of the form and detailed content of this document, so it often reflects the following data:
- Code assigned to purchase.
- Who serves as the customer.
- The point that this purchase is forced or justified for a number of reasons (indication of justifications).
- The most important theses are: what, in what quantity and why you plan to buy. Also important is the price and deadline for the contract. All these items must be justified.
- Date of drawing up agreement.
Example for illustration
Most often, examples of procurement at a single supplier are to order the equipment instead of the failed or urgent fulfillment of performers to eliminate damage.
If the problem with electrical wiring will lead to a breakdown of electronic technology and computers in the computer science class, then the school administration will have to take action for their urgent repairs or replacement. Justification of the purchase of new equipment at the only supplier can be the proximity of exams and the lack of time for the search for the most profitable
Urgent purchase can be carried out, but the report will be present on how much new computers will be bought (as much as they suffered from a malfunction) at what price and how much their delivery will cost, install and configure.
How to determine the cost of the contract
Purcharge price must be correctly calculated and justified, this process is reflected in the relevant document. Often the price is determined in the same way as when conducting competitive procurement: by the method of comparable market prices, regulatory, tariff, design, estimate or costly method.
The legislation provides for an exception:
- Purchase to ensure the state defense order.
- The situation when the object of the bargaining becomes exconuctable.
In these cases, the cost is formed under the influence of other factors.
Subjects of non-competitive procurement have the right to make a transaction only after control authority Receive, will consider and approve the justifications set out in the documentation.
What is needed by publishing information about the transaction
Legislation requires the Customer to post a special document (procurement notice) in public access. This is necessary so that the operation can be recognized transparent and open.
However, it is impossible to publish information that relate to the secret. As a rule, data on the parties to the participants, the subject and terms of the contract is postponed to the information portal on the Internet.
How is the contract conclusion
There are two forms of contracts that are used when carrying out non-competitive purchases:
The second option may take advantage of procurement subjects under the following conditions:
- They are subjects and central depositary.
- If the volume of purchases is very small.
- When the subject of the bargaining are communal services.
- In situations of procurement for organizations of medicine, culture, sports or for the state apparatus.
The use of a simplified form of contract allows subjects to choose almost any type of contract specified in the Civil Code of the Russian Federation. In this case, the agreement can be concluded in oral formIf the amount of procurement at the only supplier does not exceed 100,000 rubles.
Nuances associated with the execution of the contract
Persons carrying out non-competitive purchases should understand that the examination becomes an integral stage of acceptance of the goods. It is carried out in the overwhelming majority. To do this, invite third-party specialists or cost their own.
Examination is not needed in some cases:
- If the subject of procurement is the services of expert organizations or private experts.
- With small delivery volumes.
- If the outcome of the work has already passed the examination (the construction project or another result of engineering surveys is defined by the assessment of experts).
On the fact of the execution of the contract, a report is drawn up and published in a single information system. Its content includes basic data and information. Also, the documents used during the preparation of the transaction should also be attached.
About contracts with OPK organizations as with the only supplier
From July, orders from organizations from the registry of the OPK will be allowed
13.03.2020 On the State Duma website published a bill. It indicates that from 01.07.2020 to 07/01/2022, customers can enter into contracts with the only supplier for the supply of Russian goods with an organization, which consists in the consolidated register of organizations of the Defense and Industrial Complex (OPK), on the list, which is approved by Government Decree No. 96 from 20.02.2004.
This bill is aimed at supporting OPK organizations, including to solve issues of diversification of OPK organizations in terms of stimulating the production of high-tech civilian products. Changes will create a long-term development mechanism russian production To stimulate the level of economic growth on individual sectoral markets.
What else will change in 2020
And on the website of projects of regulations, a discussion of the draft law on the change of Art is completed. 93 44-FZ for procurement at the only supplier, it means that customers from April 2020 will be allowed to conclude contracts for the supply of goods from the goods approved by the Government unified Registry Russian radio electronic products as with the only supplier.
This was decided to support Russian enterprises of the radio-electronic complex, including to solve the issues of diversifying the organizations of the defense and industrial complex and stimulate the release of high-tech civilian products.
How to conclude a contract
We will analyze step by step, how to conclude a contract with the only supplier of 44-ФЗ:
Step 1. Check the grounds for making a deal.
Step 2. Plan a purchase.
Step 3. Preparing an order (if necessary).
Step 4. Justify the price.
Step 5. Change or cancel.
Step 6. Coordinate and notify the control bodies on the conclusion of the contract.
When spend
In addition to several competitive ways of state procurement (when two or more applicants are involved in the procedure), the legislation provides a special non-competitive method - the purchase of a single supplier (performer, contractor). By time and labor costs, this method of determining the contractor is very convenient for all participants.
How to change and cancel
To change the procurement conditions, change the schedule no later than one day until the date of the contract. Exception - Purchase according to p. 9 h. 1 Art. 93 44-FZ, it is changed no later than the day of the contract. This is indicated in part 9 of Art. 16 44-FZ, p. 23 of the Procedure, which approved by the Government Decree No. 1279 of 09/30/2019.
Change the contract in cases and limits that are established by Art. 95 44-FZ.
If you cancel the procurement at a single supplier, change the schedule. If you have made an order to conduct it, cancel it.
Special procurement in the editor
It remains the duty to coordinate with the control body the conclusion of a contract with a single supplier. This is done after the failed closed procurement of paragraph 24 of Part 1 of Art. 93 44-FZ and if you enter into a contract with the only supplier due to the fact that individual purchases that are listed in paragraph 25 of Part 1 of Art. 93 44-FZ, did not take place. For example, in coordination with the control body, a contract is concluded on the basis of the request for proposals in electronic form, which was recognized as invalid for the following reasons:
- no application has been submitted to participate in it;
- the Commission rejected all applications under Part 18 of Art. 83.1 44-FZ;
- the winner was recognized as declared from the conclusion of the contract, and the participant, the application of which was assigned the second number, refused to conclude a contract or recognized as declining under Part 15 of Art. 83.2 Law No. 44-FZ.
In h. 2 tbsp. 93 44-ФЗ It is indicated that in procurement at the only supplier according to claim 6, 9, 34 and 50 hours. 1 tbsp. 93 Be sure to send a notice of such a procurement to the control authority. Term - no later than one working day from the date of concluding a contract. A copy of the contract concluded and the rationale for its conclusion is attached to this notice.
In h. 4 tbsp. 93 It is said in which of the specified cases in the implementation of procurement at a single supplier (contractor, performer), the Customer is not obliged to determine and justify the price of the contract, - in all other than those provided by paragraphs 3, 6, 9, 11, 12, 18, 22, 23 , 30-32, 34, 35, 37-41, 46, 49 h. 1 Art. 93. It turns out that these purchases will have to justify the final cost.
Advantages and disadvantages
Such a procedure has both advantages and disadvantages. Consider them in the table.
| Benefits | disadvantages |
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Article 93. Procurement from a single supplier (contractor, performer)
1. Purchase from the only supplier (contractor, performer) can be carried out by the Customer in the following cases:
1) procurement of goods, work or services related to the field of subjects natural monopolies, in accordance with the Federal Law of August 17, 1995 No. 147-FZ "On Natural Monopolies" and the Services of the Central Depository;
2) procurement for state needs The only supplier (contractor, performer) defined by decree or presidential decree Russian FederationOr in cases established by the instructions of the President of the Russian Federation, from the supplier (contractor, performer), determined by the decision or order of the Government of the Russian Federation. In such legal acts, the subject of the contract is indicated, the deadline for which the contract is concluded, the duty of the only supplier (contractor, the contractor) to fulfill the obligations under the contract personally or the ability to attract subcontractors, co-executive contracts and the requirement for the volume of execution by the only supplier (Contractor, Contractor) His obligations under the contract personally and determine the obligation of the Customer to establish the requirement to ensure the execution of the contract. The procedure for the preparation of projects of such legal acts and orders and a list of documents attached to the preparation of these projects, including the rationale for the contract price provided for in Article 22 of this Federal Law, are determined by the legal act of the President of the Russian Federation;
3) performing work on mobilization training in the Russian Federation;
4) Procurement of goods, work or services worth not exceeding three hundred thousand rubles. R A class volume of purchases that the customer has the right to implement on the basis of this paragraph, does not exceed two million rubles or does not exceed five percent of the total annual volume of the customer's procurement and is not more than fifty million rubles. These restrictions on the annual volume of procurement, which the Customer has the right to implement on the basis of this paragraph, are not applied to procurement carried out by customers to ensure the municipal needs of rural settlements. On customers operating in the territory foreign stateWhen purchasing procurement in accordance with this clause, restrictions on the establishment of a contract price not exceeding three hundred thousand rubles are not covered. In a relationship federal Body executive powerproviding procurement to ensure federal needs government agenciesformed to ensure the activities of the President of the Russian Federation, the Government of the Russian Federation, the calculation of these restrictions of the annual procurement, which the Customer is entitled to implement on the basis of this paragraph, is made separately for such a federal executive body and each such state authority;
5) the purchase of goods, work or services by the state or municipal institution of culture, the statutory goals of which are the preservation, use and popularization of cultural heritage objects and other state or municipal institution (zoo, planetarium, culture and recreation park, reserve, Botanical Garden, National Reserve Park, Natural Park, Landscape Park, Theater, Establishment, Concert Activities, TV and Engineering, Circus, Museum, Cultural House, Palace of Culture, House (Center) Folk Creativity, House (Center) Crafts, Club, Library, Archive), State or a municipal educational organization, a state or municipal scientific organization, an organization for orphans and children left without parental care, in which children-orphans and children are placed without parental care, under supervision, physical education and sports organization not exceeding Six hundred thousand rubles. Annual procurement, which the Customer has the right to implement on the basis of this paragraph, does not exceed five million rubles or does not exceed fifty percent of the cumulative annual volume of purchases of the Customer and is not more than thirty million rubles;
6) Purchase of work or service, execution or provision of which is carried out only by the authority of the executive power in accordance with its powers or subordinate to it state institution, state unitary enterprise, the corresponding powers of which are established by federal laws, regulatory legal acts President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts relevant subject of the Russian Federation;
7) Conclusion of a contract for the supply of Russian weapons and military equipment that do not have Russian analogs and the production of which is carried out by the only manufacturer, with a supplier of weapons and military equipment, included in the register of single providers of such weapons and military equipment. The procedure for maintaining the register of single suppliers of such weapons and military equipment, the procedure for the formation of their price is established by the Government of the Russian Federation. The state contract for the supply of such weapons and military equipment is at a price determined in accordance with the specified procedure for its formation;
8) provision of water supply services, drainage, heat supply, solid handling communal waste, gas supply (with the exception of services for the implementation of liquefied gas), on connecting (accession) to engineering and technical support networks on regulated in accordance with the legislation of the Russian Federation. Prices (tariffs), storage and import (export) of narcotic drugs and psychotropic substances;
9) procurement of certain goods, works, services due to accidents, other emergency situations Natural or technogenic character, force majeure, in case of need for providing medical care Emergency form or in providing medical care in emergency form (provided that such goods, work, services are not included in the list of goods, services needed to provide humanitarian aid or eliminating the effects of natural or man-made emergencies. ) and the use of other ways to determine the supplier (contractor, performer) requiring time costs, it is impractical. The Customer has the right to conclude in accordance with this paragraph the contract for the supply of goods, the performance of work or the provision of services in the amount, which is necessary to eliminate the consequences arising from the accident, other emergencies of a natural or technogenic nature, force majeure, or to provide medical care in emergency form or urgent form, including in cases provided by parts 7 and 12 of Article 82 of this Federal Law;
10) Supply of cultural values \u200b\u200b(including museum objects and museum collections, rare and valuable publications, manuscripts, archive documents (including copies of their historical, artistic or other cultural significance) intended to replenish the Museum Fund of the Russian Federation, the Archival Foundation of the Russian Federation, National library Foundation, movie, photo edge and similar funds;
11) Production of goods, fulfillment of work, the provision of services is carried out by the establishment and enterprise of the penitentiary system in accordance with the list of goods, works, services approved by the Government of the Russian Federation;
12) Conclusion by the institution, acting punishment, contract for the supply of goods for state needs when acquiring the specified institution of raw materials, materials, component products for the production of goods, performance of work, providing a service for the purpose of employment of convicts on the basis of contracts concluded with legal entities, provided that that acquiring the established institution of such raw materials, materials, component parts is carried out at the expense of the funds provided for by these treaties;
13) Purchase of works of literature and art of certain authors (except for cases of acquisition of films for rental), rights to the works of literature and art of certain authors, performances of specific performers, rights to perform specific performers, phonograms of specific manufacturers for the needs of customers, rights to the phonograms of concrete manufacturers for the needs of customers in the event that the only person owns exceptional rights or exceptional licenses for such works, execution, phonograms;
14) Purchase printed publications or electronic publications (including software and technical means and means of information protection) of certain authors in publishers of such editions in the event that these publishers own exclusive rights or exclusive licenses for the use of such publications and provision of access services to such electronic publications to ensure the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;
15) Conclusion of a contract for visiting the zoo, theater, cinema, concert, circus, museum, exhibitions or sporting events;
16) the conclusion of a contract for the provision of services for participation in the event, conducted for the needs of several customers, with the supplier (contractor, the contractor), which is determined by the Customer, which is the organizer of such an event, in the manner prescribed by this Federal Law;
17) Conclusion of a contract by the theater, an institution carrying out concert or theater activities, including a concert team (dance collective, choir team, orchestra, an ensemble, a television and charting institution, a circus, a museum, a house of culture, the Palace of Culture, a house (center) of folk creativity , house (center) crafts, club, educational institution, zoo, planetarium, a park of culture and recreation, a reserve, a botanical garden, a national park, a natural park or landscaped park with a specific individual for creating a work of literature or art, or with a specific individual or a specific legal entity carrying out concert or theatrical activities, Including a concert team (dance collective, choir team, orchestra, ensemble), for execution, or with an individual or legal entity for the manufacture and supply of scenery (including to provide stage, audiovisual effects), stage furniture, stage costumes ( including hats and shoes) and necessary to create decorations (including to provide stage, audiovisual effects) and suits of materials and theatrical (concert) details, musical instruments, butaforia, make-up, combustion products, theater dolls required to create and / or execution I am the works of the specified organizations;
18) Conclusion of a contract for the provision of services for the implementation of entrance tickets and subscriptions to a visit to theatrical and entertainment, cultural and educational and entertainment and entertainment events, excursion tickets and excursion vouchers - strict reporting forms;
19) Conclusion of a contract for the provision of copyright management services project documentation Object capital construction, conducting author's supervision for construction, reconstruction, overhaul the object of capital construction by the relevant authors, to conduct technical and author's supervision for the implementation of works on the preservation of the object of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation by the authors of projects;
20) Conclusion of contracts for the provision of services related to the provision of visits of heads of foreign countries, heads of governments of foreign states, managers international organizations, parliamentary delegations, government delegations, delegations of foreign countries (hotel, transport service, operation of computer equipment, office equipment, sound equipment (including synchronous translation), power supply);
21) Conclusion of contracts for the supply of goods, work, the provision of services to ensure the activities of objects state Guard, including the provision of field events held by the President of the Russian Federation, chambers Federal Assembly Of the Russian Federation, the Government of the Russian Federation (household, hotel, transport services, operation of computer equipment, office equipment, sound equipment (including synchronous translation), providing sanitary and epidemiological well-being, supply (including safe meals);
22) Conclusion of a contract of management of an apartment building on the basis of a decision general Assembly Owners of premises B. apartment house or open Competitionconducted by organ local governments In accordance with housing legislation, managing Companyif the premises in an apartment building are in private, state or municipal property;
23) Conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premisestransmitted to free use or operational management of the Customer, Water-, Heat, Gas and Energy Saving Services, Services for the Disport Services of Household Wasters In the event that 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 to free use or operational management;
24) Recognition of the definition of the supplier (contractor, performer) with a closed way failed and adopted by the Customer's decision to conclude a contract with a single supplier (contractor, contractor) in accordance with the provisions of Article 92 of this Federal Law on coordination with the authorized Government of the Russian Federation to carry out these functions of the federal authority executive power. It is embroidered with a single supplier (contractor, performer) on the conditions provided for by the procurement documentation, at a price proposed by the procurement participant, with which the contract is concluded, or at a price per unit of goods, work, services calculated in accordance with Part 2.1 83.2 of this Federal Law, and the maximum value of the contract price. Such a price should not exceed the initial (maximum) price of the contract or the contract price proposed in the application of the relevant procurement participant. Customer's appeal on coordinating the conclusion of a contract with the only supplier (contractor, performer) is sent to the specified federal executive body on time no later than ten days from the date of signing of relevant protocols containing information on the recognition of the provider's definition (contractor, performer) by the indentation . Calculation of not more than ten working days from the date of receipt of appeal to coordinate the conclusion of the contract with the only supplier (contractor, performer). The contract with the only supplier (contractor, the contractor) is within a period of no more than twenty days from the date of receipt by the customer of coordination. The procedure for coordinating the conclusion of a contract with the only supplier (contractor, the contractor) is established by the federal authority of the executive authority to regulate the contract system in the field of procurement;
25) Recognition of the invalid Open Competition, a contest with limited participation, a two-stage competition, a re-competition, requests for quotations, requests 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 the article 83.1 of this Federal Law. Coordination of the contract concluding in these cases, with the exception of cases 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 in procurement to ensure federal needs, the needs of the subject of the Russian Federation, municipal needs with federal The executive authority authorized to control the procurement control, or the control body in the field of state defense order, the executive authority of the constituent entity of the Russian Federation, the local government authority of the municipal district or the local government body of the urban district authorized to control the procurement control. In accordance with this clause, the contract concludes with the only supplier (contractor, the contractor) on the conditions provided for by the procurement documentation, at a price proposed by the procurement participant, with which the contract is concluded, or at a 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 a price should not exceed the initial (maximum) contract price, the price of the contract proposed in the application of the relevant procurement participant. Customer's appeal to agree on the conclusion of a contract with the only supplier (contractor, performer) is sent to the control body in the field of procurement on time no later than ten days from the date of placement in the unified information system of relevant protocols containing information on the recognition of the provider's definition (contractor, performer ) Unferetable. The term of matching no more than ten working days from the date of receipt of the specified circulation. The contract with the only supplier (contractor, the contractor) is no more than twenty days from the date of receipt by the customer of such coordination, or in cases provided for by the parts 4 and 5 of Article 15 of this Federal Law, within a period of no 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 definition of the supplier (contractor, the contractor) failed, or in cases provided for by the part 1 and 3 of Article 79 of this Federal Law, in terms of installed part 13 of Article 78 of this Federal Law. The procedure for harmonizing the conclusion of a contract with the only supplier (contractor, the contractor) is established by the federal executive authority on the regulation of the contract system in the field of procurement. For the purposes of this Federal Law, the procurement participant with which the contract is concluded, or at a 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 item, equal to the winner definitions of the supplier (contractor, artist);
25.1) Recognition of the inconsistent Open Competition in electronic form, a contest with limited participation in electronic form, a two-stage competition in electronic form, electronic auction In accordance with Parts 1, 2 and 5 of Article 55.1, parts 1 - 3.1 of Article 71 of this Federal Law. The contract concludes with the only supplier (contractor, the contractor) on the conditions provided for by the procurement documentation, at a price proposed by the procurement participant, with which the contract is concluded, or at a price of a 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 deadlines established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, a procurement participant with which a contract is concluded in accordance with this clause is equal to the winner of the supplier's definition (contractor, performer);
25.2) Recognition of the failed request for quotations in electronic form in accordance with Part 3 of Article 82.6 of this Federal Law. The contract concludes with the only supplier (Contractor, Contractor) on the conditions provided for by the notice of procurement, at a price proposed by the procurement participant, with which the contract is concluded, or at a 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 deadlines established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, a procurement participant with which a contract is concluded in accordance with this clause is equal to the winner of the supplier's definition (contractor, performer);
25.3) Recognition of the failed request for proposals in electronic form in accordance with Part 26 of Article 83.1 of this Federal Law. The contract concludes with the only supplier (contractor, the contractor) on the conditions provided for by the procurement documentation, at a price proposed by the procurement participant, with which the contract is concluded, or at a price of a 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 deadlines established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, a procurement participant with which a contract is concluded in accordance with this clause is equal to the winner of the supplier's definition (contractor, performer);
26) Conclusion of a contract for the provision of services related to the direction of an employee to a service business trip and with participation in festivals, concerts, ideas and similar cultural events (including touring) on \u200b\u200bthe basis of invitations to visit these events. Suite services include travel to the place of office travel, the place of these events and back, hiring of residential premises, transport services, power supply;
28) the implementation of the procurement of drugs that are intended for the prescription to the patient in the presence of medical testimony (individual intolerance, according to life indications) by decision medical commissionwhich 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 drugs in accordance with this paragraph for an amount not exceeding one million rubles. The bondage of purchased drugs does not exceed the volume of such drugs necessary for the specified patient during the period necessary for the purchase of drugs in accordance with the provisions of paragraph 7 of Part 2 of Article 83, paragraph 3 of Part 2 of Article 83.1 of this Federal Law. In addition, when purchasing drugs in accordance with the provisions of this paragraph, the subject of one contract is not drugs intended for appointment to two and more patients. The specified decision of the medical commission should 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. Provide provided for by Federal Law of July 27, 2006 No. 152-FZ "On Personal Data" depletion of personal data;
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) Definition of the supplier, performer by order of the Government of the Russian Federation on the proposals of the Central Election Commission of the Russian Federation, the highest executive bodies state power subjects of the Russian Federation in the implementation of the procurement of bulletins, revealing certificates, special signs (brands), information materials placed in the premises election commissions, Commissions of the referendum, voting premises, and services for the delivery of electoral documentation, documents related to the preparation and holding of a referendum, and other segments of election commissions used in the elections to the state authorities of the constituent entities of the Russian Federation, the referendum of the Russian Federation and the referendums of the constituent entities of the Russian Federation and during elections to local governments and local referendums in municipalities, which are administrative centers (capitals) of the constituent entities of the Russian Federation, with the exception of cases established by paragraph 6 of Part 2 of Article 1 of this Federal Law;
31) Conclusion of a contract, the subject of which is the acquisition of federal needs, the needs of the constituent entity of the Russian Federation, the municipal needs of non-residential building, structure, structures, non-residential premises, defined in accordance with the decision on the preparation and implementation of budget investments or the provision of subsidies for the implementation of capital investments In order to purchase objects real Estate in state or municipal propertyadopted in the manner prescribed by the Government of the Russian Federation, the Supreme Executive Authority of the State of the constituent entity of the Russian Federation, the local administration;
32) Rent a non-residential building, structure, structures, non-residential premises to ensure federal needs, the needs of the constituent entity of the Russian Federation, municipal needs and rental of residential premises located in the territory of a foreign state, customers carrying out activities in the territory of a foreign state;
33) Conclusion of a contract for the provision of teaching services and guide services (guide) individuals;
34) Conclusion by the federal executive authority of the contract with a 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;
35) Conclusion by organizations carrying out educational activities and recognized in accordance with the legislation on education by federal or regional innovation sites, contracts for equipment supply (including it technical exploitation), softwarenecessary to introduce scientific and technical results and results of intellectual activity with the owner exceptional rights equipment and software at the expense of funds allocated for the development of innovation infrastructure in the education system;
36) Conclusion of a budgetary institution, state, municipal unitary enterprises of the contract, the subject of which is the issuance of a bank guarantee;
37) the procurement of products of folk art fishery of recognized artistic dignity, the samples of which are registered in the manner established by the Russian government of the Russian Federation by the federal authority of the executive authority;
38) Conclusion by the executive authorities, local self-government bodies of contracts for the purchase of residential premises that meet the conditions for classifying the standard housing established by an authorized federal executive body, with a legal entity who concluded in accordance with the Urban Planning Code of the Russian Federation, an agreement on the development of the territory in order to build a standard Housing or an agreement on the integrated development of the territory in order to build standard housing, at a price and deadlines that are determined by the Treaty of Mastering the Territory in order to build standard housing or an agreement on the integrated development of the territory in order to build standard housing, provided that the territory of the development of the territory In order to build standard housing or a comprehensive development contract for the construction of standard housing, state and (or) municipal contracts are envisaged;
39) Conclusion by the executive authorities, local self-government bodies of contracts for the purchase of residential premises that meet the conditions for classifying the standard housing established by the authorized federal executive body, with a person who concluded in the manner and under the conditions provided for by the Federal Law of July 24, 2008 No. 161-FZ "On promoting housing development", contract gratuitous use Land plot for the construction of standard housing, for the integrated development of the territory, in which the construction of standard housing is envisaged, the lease agreement land plot For the construction of standard housing, for the integrated development of the territory, within the framework of which the construction of standard housing is envisaged, or the lease agreement of the land plot for construction in the minimum required amount of standard housing, for the integrated development of the territory, which includes the construction in the minimum the required volume of standard housing and other housing construction, at a price and time, which are defined by any of these treaties, provided that it provides for the conclusion of state and (or) municipal contracts;
40) Procurement of goods, works, services in order to ensure the external exploration bodies of the Russian Federation by means of intelligence activities. The list of goods, works, services, the procurement of which is carried out in accordance with this clause, is approved by the head of the relevant external exploration body of the Russian Federation;
41) Procurement of goods, works, services in order to provide organs federal Service Safety by means of counterintelligence activities and combat terrorism. The list of goods, works, services, the procurement of which is carried out in accordance with this clause, is approved by the head of the federal executive authority in the field of security;
42) Conclusion by the federal executive authority, carrying out functions on the formation of official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, and its territorial bodies of contracts with individuals for the performance of work related to the collection and the processing of primary statistical data when conducting federal statistical observation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation on official statistical accounting. About the work plot performed specified personsand the contract price calculated on the basis of the terms of payment of remuneration to individuals attracted on the basis of contracts for the performance of work related to the collection and processing of primary statistical data when conducting federal statistical observation on the territory of the Russian Federation is established by the federal executive authority that performs functions on the formation official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation. Information on contracts concluded in accordance with this paragraph is posted on the website of the federal executive body, which performs the functions of formal statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial organs In the information and telecommunications Internet, in the manner prescribed by the federal executive authority, carrying out functions on the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, in coordination with the federal authority of the executive authority to regulate the contract system in procurement areas;
44) Purchase by state and municipal libraries, organizations carrying out educational activities, state and municipal scientific organizations of services for the provision of access to information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international indices of scientific quotation from operators these databases included in the list approved by the Government of the Russian Federation;
45) Purchase by state and municipal libraries, organizations that carry out educational activities, state and municipal scientific organizations of services for the provision of access to information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific quoting indices from national Libraries and federal libraries with scientific specialization. Chen of such a contract concluded with the only supplier (contractor, performer) is determined in accordance with the procedure established by the Government of the Russian Federation;
46) Implementation of the procurement of goods, works, services at the expense of financial resources allocated for operational investigative activities. The list of goods, works, services, the procurement of which is carried out in accordance with this clause, is approved by the head of the relevant federal executive body authorized to carry out operational investigation activities in accordance with the Federal Law of August 12, 1995 No. 144-FZ "On the operational-search activity ";
47) the purchase of goods, the production of which was created or modernized and (or) mastered on the territory of the Russian Federation in accordance with a special investment contract, at regulated prices and taking into account the characteristics provided for in Article 111.3 of this Federal Law;
48) Procurement of goods, the production of which was created or modernized and (or) was developed on the territory of the constituent entity of the Russian Federation in accordance with the state contract concluded under Article 111.4 of this Federal Law, at regulated prices and taking into account the characteristics provided by the specified article. To enter into a contract on the basis of this paragraph only the customers of this subject of the Russian Federation and municipalitieslocated on the territory of this subject of the Russian Federation. E dynotal supplier of goods only entitywith which the state contract was concluded in accordance with Article 111.4 of this Federal Law (hereinafter - the investor supplier);
49) Implementation by the authorized government of the Russian Federation by the federal executive authority of procurement of work on the manufacture of excise stamps for labeling alcohol products and tobacco products imported into the Russian Federation at prices (tariffs) established in accordance with the legislation of the Russian Federation;
50) Procurement of transport services and related to their provision additional services If you need to fulfill military transportation (railway, sea, river, air and automotive) in the event of a threat to the military security of the Russian Federation and (or) to ensure the participation of the Armed Forces of the Russian Federation, other troops in operations to maintain or restore international Mira and security outside the Russian Federation in accordance with the generally accepted principles and norms international law and international treaties Of the Russian Federation in the manner prescribed by the Government of the Russian Federation;
51) procurement legal services in order to ensure the protection of the interests of the Russian Federation in foreign and international courts and arbitrations and in the bodies of foreign countries;
52) Implementation of the procurement of goods, works, services by state protection authorities in order to implement measures to implement state protection. The list of goods, works, services, the procurement of which is carried out in accordance with this clause, is approved by the head of the federal executive authority in the field of state protection;
53) Conclusion by state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, the local government bodies of contracts for the provision of rating actions services with legal entities recognized in accordance with the legislation of the Russian Federation with credit rating agencies and foreign legal entities engaged in rating actions outside territory of the Russian Federation;
54) Procurement of works on the modernization of information systems for information and legal support of the activities of the chambers of the Federal Assembly of the Russian Federation and services for supporting such systems;
55) Conclusion of a contract for the provision of services for the production of blanks of documents certifying the personality of a citizen of the Russian Federation in the Russian Federation and outside the territory of the Russian Federation certifying the identity of a foreign citizen or a stateless person issued in the Russian Federation in cases established by the legislation of the Russian Federation, forms Certificates O. state registration Acts civil status, forms of temporary documents certifying the identity of a citizen of the Russian Federation and give it the right to entry (return) to the Russian Federation and blanks of documents for entry into the Russian Federation and departure from the Russian Federation foreign citizens and stateless persons.
2. When purchasing a single supplier (contractor, performer) in cases provided for in paragraphs 6, 9, 34 and 50 of part 1 this articleThe customer is obliged to send within a period no later than one working day from the date of concluding a contract to the control body in the field of procurement notice of such procurement. The notice of such a procurement is sent during its implementation to ensure federal needs, the needs of the subject of the Russian Federation or municipal needs to the federal executive body authorized to control the procurement control, or the control body in the field of state defense order, the executive authority of the constituent entity of the Russian Federation, Local self-government body of the municipal district or local government authority of the urban district authorized to control the procurement control. A copy of the contract concluded in accordance with this paragraph of the contract is attached to this notice.
3. Notice of procurement is not required.
4. When purchasing a single supplier (contractor, performer) in cases provided for in paragraphs 3, 6, 9, 11, 12, 18, 22, 23, 30 - 32, 34, 35, 37-41, 46, 49 parts 1 of this article, the customer is obliged to determine and substantiate the price of the contract in the manner established by this Federal Law. When purchasing a single performer in the cases provided for in this part, the Contract contains the rationale for the contract price.
According to the Federal Law 44, the procurement procedure for the only supplier is carried out when choosing the customer of a physical or legal person - the supplier. The parties conclude a contract and provide information in a single information Center. There are nuances and features of this type of transactions that are recommended to learn.
Legislatives of the process
Purchase from the only software supplier is carried out under Article 93, it provides all the information and nuances of this type of purchase. This article describes the nuances of the compilation and payment of the contract, the list of necessary securities, is given a list of services provided, features of the procedure and procurement process. Last changes This article was made on July 29, 2017. It consists of 4 points.
According to the first paragraph 93 of Article 44 of the State Transportations, making purchases from a single supplier can only be in cases:
- If the goods, services or work will be used in the field of natural monopolies and the central depositary;
- For the activities of state protection bodies;
- Receiving the relevant position, order or order from the government or the President of the Russian Federation;
- To protect interests in cases of proceedings in international judicial bodies and arbitrations in which the Russian Federation is involved;
- Making mobilization preparation;
- Buying transport services or means for the help and activities of the armed forces, transportation of military equipment or servicemen in cases of security threat to the state, peace restoration, etc.;
- Procurement by federal executive bodies, to resolve the Government of the Russian Federation, excise stamps for alcohol and tobacco products;
- The monetary amount of purchases of services, works or goods not exceeding one hundred thousand rubles;
- If the purchase is produced by state or municipal institutions in the field of culture;
- Buying goods created, decorated or modernized in Russia;
- Purchases of goods or services that can only perform local organs executive power;
- Purchase of literature, visual or musical art from one author;
- Acquisition of excursions, tutoring, etc.;
- Acquisition of techniques that do not have analogues;
- Conclusion of the contract for the supply of drugs to the patient and others.
According to the second item, the customer is obliged 5 days before the contract is concluded with the provider to issue all the procurement information in the Unified Information System. The client should not be a purchase notice, if the information is a state secret.
In the third paragraph it is written that if the client chose one contractor, it is obliged to justify its actions in the document. When drafting a contract, he describes legitimate causes or situations that prevent him from choosing other methods of procurement. Be sure to be issued information about the price and essential conditions and obligations of the parties.
Familiarize yourself with the main provisions of the Federal Law No. 143
In the fourth paragraph it is written that the contract must be to calculate the cost of purchased goods, services or works.
Download federal law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs"
Download 93 Article of the Federal Law No. 44 "On the Contract System in the Sphere of Procurement"
Who is the only supplier?
The only supplier is a physical or legal person with whom the Customer's contract is. The customer chooses one performer who either knows or heard positive feedback and the parties make up a contract for which the Contractor undertakes to provide goods, services or work in scheduled time And in the desired quality.
By right, the Customer in determining the only supplier has the right to lower the formalities of the 24th article 44 of the Federal Law. Usually in such cases the client is fully confident in the opposite side and therefore formal procedures are not required. However, the processes defined by the law exist and the parties should follow. The only performer It can be chosen by the client only on the basis of legitimate reasons decorated in this article above.
Purchase at the only supplier implies that the client will not use the formality of competitive selection. Such purchases are made without a contract system and the legislation of the Russian Federation such a category was introduced for unsuitable under typical categories of cases and was rarely used. However, today is one of the most popular ways of conducting procurement.
Procedure for procurement for FZ 44
Steps to carry out the procurement at a single supplier several and this method of making purchases is considered the easiest in the presence of legal grounds.
Transaction procedure:
- To start, the customer is a plan. The plan includes the information that is necessary for the purpose and tasks of the Customer. The document fits the purpose of the purchase, identification code, the amount of funding and legitimate grounds for procurement at the only supplier;
- Then the client chooses the supplier. It often happens that the person chooses the same person over the years;
- A contract is drawn up, all required documents. It is written in writing, in an arbitrary order, by hand or printed on a computer;
- Then information from the contract is transferred to a single information system. According to federal law 44, the contracting period fits, the necessary documents are provided.
Among the necessary documents:
- Date of introduction of information in the EIS and Identification Number;
- Paper with information about changes or suggestions;
- Procurement reports;
- Document with information about the purchase of goods, services or work.
After the procedure is completed, before making information into a single information system, there are 10 days to agree on possible amendments, making changes, etc. Then, within five days, the contract must be signed and information about it is entered in EIS. In cases where the project is divided into steps, after completing one stage, a report is made to the system.
The maximum allowable amount
The purchase of a single supplier is performed only if other procurement methods are impossible or inexpedient. According to the Federal Law No. 44 and its article 93, the cash amount for the goods, the service or work should be "small". The specific amount is not provided and the definition of the word "small" in the law is not.
But in the fourth paragraph of the article it is written that the money amount for all purchases should not exceed 100 thousand rubles. This is precisely such a money amount is considered to be admissible for use by the Customer in the preparation and design of the contract and the purchase of the procurement from one performer.
One of the competitive ways or to conclude a contract with the only supplier (Part 1 of Art. 24 of the Federal Law of April 5, 2013 No. 44-FZ "On the Contract System in the Sphere of Procurement of Goods, Works, Services for State and Municipal Needs"; Further - Law No. 44-FZ).
If the customer is purchased from the only supplier, then in fact it concludes a contract with a specific organization or citizen who implement the goods they need (work, services). In this case, there is no formal procedure for determining the supplier from among the procurement participants. Accordingly, such a way to conclude a contract is the easiest and most convenient for the customer, and also does not require considerable time.
About when the Customer may conclude a contract with a single supplier, see separate recommendation .
Attention!If the customer is unreasonably deciding to conclude a contract with a single supplier (contractor, performer), the FAS Russia can attract it to administrative responsibility. For such an offense established responsibility officer The customer in the form of a fine of 30 thousand to 50 thousand rubles. (Part 1, 2, Art. 7.29 of the Administrative Code of the Russian Federation).
In the procurement procedure at a single supplier (contractor, artist), several stages can be distinguished:
Stage 1. Purchase preparation
All purchases of goods (works, services) at the only supplier must be included in plan-schedule. At the same time, some of them need to be specified by total amounts by types of expenses. This refers to procurement:
- services for the maintenance and repair of non-residential premises in some cases ;
- works on the collection and processing of primary statistical data during federal statistical observation .
At the same time, state institutions should also specify the breakdown also on the code of expenses (detailed to the subgroup and item). This is stated in subparagraphs 2 and 4 of paragraph 5 of the annex to the joint order of the Ministry of Economic Development of Russia and the Treasury of Russia of March 31, 2015 No. 182 / 7N.
Stage 2. Search and selection of the only supplier (contractor, artist)
The customer needs to find the only supplier (contractor, artist).
The provisions of the Law No. 44-FZ do not establish any criteria or requirements for selection.
Usually, contracts conclude with proven and well-known counterparties, whose Customer has previously conducted the purchase of the necessary goods (works, services).
Stage 3. Direction of the proposal to conclude a contract
The customer can inform the chosen counterparty about his desire to conclude contractioncT in any convenient way (in writing or oral form).
Contract legislation does not establish a certain order to follow the proposal to conclude a contract.
Step 4 (optional). Publishing an order for procurement
After selecting the only supplier and receiving his consent Customer, as a rule, issues order of this procurement .
The law does not require it. However, in some institutions there was a practice of concluding contracts that it provides.
Stage 5. Direction Supplier Supplier Contract for coordination
The draft contract for the supply of goods (execution of works, the provision of services) must be directed to the supplier (contractor, performer) to agree.
The contract must contain all the essential conditions.
At the same time, the Customer is obliged to establish a requirement to ensure the execution of the contract if the purchase takes place:
- from the supplier determined by the President of the Russian Federation or the Government of the Russian Federation if such a responsibility is established by the relevant regulatory legal act;
- institution, penalties, goods for employment convicts ;
- participation services in the event for the needs of several customers ;
- author's control services, technical and author supervision ;
- in case of recognition of closed or competitive procurement, failed i;
- equipment, software educational organizations - innovative sites ;
- housing economyractus in organizations who have entered into the dog ovor for the development of the territory in order to build such housing ;
- work on the collection and processing of primary statistical data when conducting federal statistical observation in Russia ;
- works (services) on engineering surveys, designing objects necessary for processing and disposal of waste .
In all other cases, the customer (authorized body) is entitled, but it is not obliged to establish a requirement to ensure the execution of the contract.
This is said in parts of 1-3 of Article 96 of Law No. 44-FZ.
The supplier must send the customer providing before concluding a contract. Only after that the contract can be signed (part 4, 5, Art. 96 of Law No. 44-FZ).
Step 6 (optional). Publication of procurement notice
The law establishes a number of cases when the Customer is obliged to place a procurement notice in Eis. It is necessary to do this no later than five days before the date of the contract.
In the notice you need to specify:
- information about the customer (specialized organization);
- a summary of the terms of the contract with information under article 42 of Law No. 44-FZ;
- everything restrictions that establish legislation to participate in the definition of the supplier;
- the size and procedure for making ensuring the execution of the contract.
This is stated in part 2 of Article 93 of Law No. 44-FZ.
Also to the notice of purchasing a single supplier should attach the draft contract.
Justification: The provisions of Law No. 44-FZ do not require this. Meanwhile, the Ministry of Economic Development of Russia believes that the draft contract for notice must be attached. After all, it is precisely all the conditions provided for by paragraph 2 of Article 42 of Law No. 44-FZ. This is stated in a letter dated December 9, 2014 No. D28I-2739.
Stage 7. Signing a Contract
If the supplier agrees with all conditions, the parties sign a contract. From now on, it is considered concluded.
Step 8 (optional). Drawing up a report on the impossibility to apply other procurement methods
In some cases, when concluding a contract with the only supplier (contractor, Contractor), the Customer is obliged to substantiate the impossibility or inappropriateness of the use of competitive procurement methods, the price and other essential conditions. Cases where the customer is obliged to compile a report, and when not, see in table.
Employees of controlling departments during checks can check if the customer has this report.
It can be drawn up in arbitrary form .
The report needs to specify:
- specific paragraph 1 of Article 93 of Law No. 44-FZ, which served as a basis for concluding a contract;
- the reason for which purchase could not be carried out by one of the competitive ways.
Such reasons include, for example:
- urgency of procurement due to certain circumstances (for example, the difficulty of daily work);
- the risk of recognizing the competitive procedure failed due to the fact that there are no interest in conclosing the Suppliers. For example, due to a small price, potential suppliers may not participate in procurement;
- lack of opportunity to get savings due to competitive procurement.
A ready-made report should not be placed in EIS. it internal document customer. This is stated in part 3 of Article 93 of Law No. 44-FZ.
Appendix N 2.
Order
coordination of the conclusion of a contract with the only supplier (contractor, performer)
1. This procedure determines the rules for harmonizing the conclusion of a contract with the only supplier (contractor, contractor) by the Customer, an authorized body authorized by the institution (hereinafter - the applicant) with the Federal antimonopoly Service (FAS Russia), the executive authority of the constituent entity of the Russian Federation, the local government body of the municipal district, the local government authority of the urban district authorized to control the procurement control (hereinafter referred to as the Control Authority).
2. To obtain coordination of the conclusion of a contract with a single supplier (contractor, performer) in accordance with the provisions of paragraph 24 of Part 1 of Article 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the sphere of procurement of goods, works, services for providing state and municipal needs "(Meeting of the legislation of the Russian Federation, 2013, N 14, Art. 1652; N 27, Art. 3480; N 52, Art. 6961; 2014, N 23, Art. 2925; N 30, Art. 4225 ; N 48, Art. 6637; N 49, Art. 6925; 2015, N 1, Art. 11, 51, 72; N 10, Art. 1418) (hereinafter referred to as the Federal Law) the applicant sends in accordance with the requirements of this Procedure written appeal On coordinating the conclusion of a contract with the only supplier (contractor, performer), signed by the applicant's head or his deputy, in the FAS of Russia.
3. To obtain coordination of the contract concluding with the only supplier (Contractor, Contractor), in accordance with paragraph 25 of Part 1 of Article 93 of the Federal Law, the applicant sends a written appeal in accordance with the requirements of this Procedure signed by the applicant's head or his deputy:
1) in order to ensure federal needs - in the FAS of Russia;
2) in order to ensure the needs of the subject of the Russian Federation - to the executive authority of the subject of the Russian Federation, authorized to monitor the procurement control;
3) in order to ensure municipal needs - to the local government body of the municipal district or the local government body of the urban district authorized to monitor the procurement control.
4. Appeal to coordinate the conclusion of a contract with the only supplier (contractor, performer) specified in paragraph 2
1) if only one application for participation in a closed competition is filed, a closed contest with limited participation, closed by a two-stage competition, a closed auction (this application is recognized as relevant to the requirements of the Federal Law and the procurement documentation) or only one application for participation in A closed competition, a closed contest with limited participation, closed by a two-stage competition, a closed auction is recognized as relevant to the requirements of the Federal Law and the procurement documentation:
b) a copy of the letter of the federal executive body authorized to control the procurement control on coordinating the application of a closed method for determining the supplier (contractor, performer);
2) If there is not a single application for participation in a closed competition, a closed competition with limited participation, closed by a two-stage competition, a closed auction or all submitted to participate in a closed competition, a closed contest with limited participation, a closed two-stage competition, a closed auction Applications rejected:
a) copies of all protocols drawn up during the provider's definition (contractor, performer);
b) a copy of the letter of the federal executive authority of the Commissioner for the implementation of control in the field of procurement on coordinating the use of a closed method for determining the supplier (contractor, contractor);
c) the date and number of notice of procurement posted in a unified information system in the field of procurement or copies of invitations to participate in the definition of the supplier (contractor, contractor);
d) a copy of the procurement documentation, as well as clarifications and changes to it (if such clarifications or changes were made by the customer);
e) supplier information (contractor, artist) (name, location, taxpayer identification number), with which it is supposed to conclude a contract and the rationale that this person complies with the requirements of the Federal Law and the procurement documentation;
g) a document on the consent of the supplier (contractor, contractor) to conclude a contract in accordance with the requirements and conditions of procurement documentation and at a price that does not exceed the initial (maximum) contract price specified in the notice of procurement or invitation to take part in the definition Supplier (contractor, artist).
5. Appeal to coordinate the conclusion of a contract with a single supplier (Contractor, Contractor), specified in paragraph 3 of this Procedure, should contain the following information and the accompanying documents:
1) the date and number of the notice of procurement posted in a unified information system in the field of procurement;
2) copies of protocols compiled during the definition of the supplier (contractor, artist);
3) a copy of the procurement documentation, as well as clarifications and changes to it (if such clarifications or changes were made by the customer);
4) Copies of applications for participation in the competition, re-competition, requests for proposals.
At the same time, if the appeal is aimed at the results of a failed re-competition or a failed request for proposals conducted in accordance with paragraph 8 of part 2 of Article 83 of the Federal Law, the documents provided for by this clause must also be attached to the documents provided for by this clause, for all previously invalid procedures for determining the supplier (contractor , artist), which was the basis for conducting such a re-competition, requests for proposals.
6. In case of failure to submit documents and (or) information provided for in this order, as well as in the case of the direction of appeal containing questions, the solution of which is not included in the competence of this control body, the control body does not consider the appeal and returns it to the applicant in time not exceeding 5 working days from the date of receipt of the appeal, indicating the reasons for such a return.
7. Consideration of the appeal is carried out by the Commission of the Control Body formed by the Order of the Control Body.
8. According to the results of consideration of the appeal, the Commission of the Control Body accepts one of the following decisions:
1) on coordinating the conclusion of a contract with the only supplier (contractor, performer), including indicating the violations of the legislation of the Russian Federation on the contracting system in the sphere of procurement, which did not affect the result of the determination of the supplier (contractor, performer), and the need to eliminate the identified disorders When concluding a contract;
2) on refusal to agree on the conclusion of a contract with the only supplier (contractor, performer), if the results of the consideration of the submitted appeal or the documents attached to it are revealed by violations of the legislation
The decision to refuse to agree on the conclusion of a contract with the only supplier (contractor, the contractor) should contain a motivated substantiation of such a decision, including the indication of the violation of the legislation of the Russian Federation on the contract system in the sphere of procurement, which influenced the result of the determination of the supplier (contractor, performer) .
In case of detection of violations of the legislation of the Russian Federation on the contracting system in the sphere of procurement, the decision of the Commission should contain conclusions about the need to transfer materials for consideration of the issue of initiating an administrative offense case.
A copy of the decision is sent to the applicant on time not exceeding 10 working days from the date of receipt.
9. During the consideration of the circulation, the control body is entitled:
1) consider the applicant submitted documents and information necessary for objective and comprehensive consideration;
2) invite the applicant, procurement participants, electronic platform operator;
3) to attract experts, expert organizations to consideration.