Negotiation process is the only supplier of 44 federal laws. Purchasing from a single supplier: implementation procedure. Name of procurement information

The contract system of government procurement, great and terrible, in a couple of years of its existence began to become a more or less commonplace phenomenon in the business life of the country. Almost all businessmen know about it in one way or another, and many enterprises have already worked with it - both large giants, leaders of their markets, and small companies that produce and sell a wide variety of goods.

One way to carry out public procurement - and perhaps the simplest way - is to purchase from a single supplier. Let's figure out what it is?

What is purchasing from a single supplier?

The name speaks for itself: this type of procurement suggests that you can buy a product or service for government needs directly from one specific counterparty, without holding auctions or requesting quotes from several competing companies. The budget organization selects a suitable company and enters into a contract with it directly. Of course, this will not be a simple purchase and sale agreement, but a special procedure regulated by Art. 93. But it is still simpler than auctions and competitions. The advantages of such a purchase are shorter lead times (as opposed to full-fledged auctions), simplified procedures, resource savings and the opportunity to enter into a contract with a proven company, and not one that simply offers the best price. The disadvantages are the lack of competition and, as a consequence, the inability to reduce prices and, of course, the scope for abuse and the involvement of “their” suppliers in government procurement.

When is it possible to purchase from a single supplier?

The Law “On the Contract System” strictly establishes a closed list of cases when such a version of a government contract is possible in principle. And it is possible if two criteria are met - firstly, the amount of the contract, and secondly, the type of delivery matches one of those listed in Art. 93 Federal Law 44 cases. Everything is simple with the contract amount. It should not exceed 100,000 rubles - this is the maximum allowable volume of purchases from one counterparty. Thus, we see that purchasing from a single supplier is allowed for relatively small supplies. An important addition: the total volume of such contracts from the purchasing organization cannot exceed 2 million rubles or 5% of the annual purchase volume, amounting to no more than 50 million rubles. Now let's look at the list of cases when such a contract is generally allowed. This list, we repeat, is closed - which means that everything that is not included in it cannot be purchased from a single supplier. This list consists of 43 items, but for ease of reference we can logically divide it into several categories: 1. Cases when competitive procedures were previously carried out (competition, auction, request for quotations, etc.), and for some reason ( or rather, for reasons quite defined at the legislative level) were declared invalid. In this case, the procurement procedure from a single supplier has a number of nuances that distinguish it from the general order. In particular, in such cases, a contract with a single supplier must be concluded only on the terms specified in the competitive application of that same failed competition, and the price cannot be higher than the initial price of the competition. Also, the customer does not need to post a notice on the official government procurement website or notify the regulatory authority. There are a number of other aspects that apply in such situations - we recommend that you study in more detail paragraphs 24 and 25, as well as parts 2 - 4 of Article 93 and part 5 of Article 104 of Law No. 44-FZ. 2. Purchases related to a specific area of ​​activity. Here are some examples when such purchases can be made from a single supplier:

• procurement of apartment building management services;
• acquisition of non-residential premises for government needs;
• purchases of goods, works or services by cultural institutions (the maximum amount is additionally specified - in this case, the volume of purchases is limited by 44 Federal Laws at 400,000 rubles per year);
• holding festivals, concerts and other cultural events on the basis of invitations;
• purchase of goods during emergency response, as well as medicines in the amount of up to 200,000 rubles;
• purchase of military equipment, the analogues of which are not produced in Russia;
• purchasing goods from natural monopolies.

This is not a complete list of cases when a single supplier can act as a counterparty - 44 of the Federal Law lists them in full, all forty-three, in paragraph 1 of Article 93.

What is the procedure for purchasing from a single supplier?

Step one.

At this step you need to:

• Organize the procurement: approve the composition of the purchase, terms, prices, develop a project and issue the appropriate order.
• Select a supplier. You can do this yourself, but with mandatory consideration of the requirements of Article 31 - it is there that it establishes the requirements for what the sole supplier should be.
• Agree on a contract. Coordination in this case has a very specific order. It, like everything related to the field of government procurement, is also approved by legal act. Since May 2015, this has been Order No. 189 of the Ministry of Economic Development of Russia dated March 31, 2015.

Step two.

Preparation of the necessary documents: a draft contract with a single supplier, a report justifying such a purchase. After this, it is necessary to place a notice of the procurement on the official website.

Step three.

Conclusion of a contract. In certain cases, in addition to signing the contract, verification of the security provided by the sole supplier is required. It is required if the purchase is made based on the results of a competition or auction being declared invalid. Also, the requirement to ensure contract execution can be established in the draft contract.

Step four.

Notification of the regulatory authority - FAS Russia. Such notification does not always need to be given, but only in some cases. It can be done in any form, but it must be written (on paper - this is important!) and taking into account mandatory elements, such as: information about the customer and supplier, the basis for concluding the contract and information about him.

Registration of a government contract with a single supplier is a non-competitive procedure and has its own characteristics. We will tell you in our material what the deadlines for placing a notice under 44-FZ with a single supplier (SP) and the deadlines for signing a contract are.

Publication of a notice in the Unified Information System

Cases of execution of a state contract with the EP, when it is necessary to publish a notice, are contained in Part 2 of Article 93 of 44-FZ. You need to write in it:

• name, address, contact details of the state customer, full names of authorized persons;
• terms of the government contract: subject of purchase, terms of work, delivery of products, etc.
• amount of contract security.

The period for concluding a contract after notification with a single supplier must be at least 5 days. Registration earlier than the specified deadline is a violation.

What is the time frame for concluding a contract with a single supplier under 44-FZ, if publishing a notice of purchase is not required? 44-FZ does not contain an answer to this question. It should be remembered that the government customer must carry out procurement in accordance with the schedule.

When talking about the maximum period for signing a government contract, it is necessary to take into account paragraph 2 of Article 528 of the Civil Code of the Russian Federation. The counterparty has 30 days to sign the government contract, therefore, in order to comply with the schedule, a draft government contract must be prepared and sent to the supplier in advance.

So, you need to conclude a contract with a single supplier at least 5 days later if a notice of government procurement has been published. If publication of the notice is not required, then the government contract is issued in the month indicated in the schedule.

How contracts are now concluded with food suppliers on the most controversial grounds

Now you will have less reason to conduct non-competitive procurement. The Head of Government instructed to reduce the number of grounds for contracts with a single supplier. We wrote about what changed in the first months of 2019 in the most common and controversial grounds for purchasing from food suppliers. Read what is dangerous in each of them and how to use these grounds correctly.

Notification of the control authority about the execution of a government contract

The customer must notify the control body within 1 working day from the date of signing the contract in the following cases:

• acquisition of works or services that can only be provided by an executive authority or institutions subordinate to it;
• acquisition of works, goods, services to provide medical care in emergency situations;
• conclusion by a government agency of a contract for the treatment of a citizen of the Russian Federation abroad;
• procurement of transport services for military transport in the event of a threat to the security of the Russian Federation.

This is stated in Part 2 of Article 93 of 44-FZ. The notification must be accompanied by a copy of the contract and the rationale for its execution. How to write a purchase notice from a food supplier,

Deadlines for placing a contract with a single supplier in the Unified Information System

Data on executed contracts is entered into a special register (Part 3 of Article 103 44-FZ). The rules for maintaining the register are established by Decree of the Government of the Russian Federation dated November 28, 2013 No. 1084. Paragraph 3 provides a list of purchases, data on which are not included in the register (small and some other purchases).

The period for placing a contract in the Unified Information System after signing with a single supplier is 8 working days:

• The government customer is given 5 working days to provide information to the Federal Treasury;
• 3 working days are allotted to the Treasury to verify the submitted data and publish them in the Unified Information System.

The same terms for placing a contract with a single supplier 44-FZ are established for the case when changes have been made to the contract.

When can you enter into an emergency contract with a food supplier?

The contract system law allows purchasing quickly and without unnecessary paperwork in case of force majeure. But is it permissible to classify any emergency situation as force majeure? In the article, the expert examined eight key concepts of an emergency point and showed how they should be interpreted correctly. Read on to find out when you can enter into an emergency contract with a food supplier without risking anything.

If e-procurement does not take place

From July 1, 2018, Part 1 of Article 44-FZ was supplemented with new clauses 25.1 – 25.3. We will figure out the deadline for concluding an agreement with a single supplier under 44-FZ if the purchase does not take place. So, if the following procedures in electronic form are declared unsuccessful:

• auction;
• request for quotations and proposals;
• any competition.

the customer makes changes to the schedule (Part 14 of Article 44-FZ). This can be done no later than 1 business day before the date of publication of the notice of procurement.

Thus, 44-FZ contains only one term for the execution of a state contract for the EP. The contract cannot be signed earlier than 5 days after publication of the notice. In other cases, you should be guided by the procurement schedule.

Attached files

• Notice of purchase from a single supplier.doc
• Government contract for the supply of goods with a single supplier.doc

According to Federal Law 44, the procurement procedure from a single supplier is carried out when the customer selects one individual or legal entity - the supplier. The parties enter into a contract and provide information to a single information center. There are nuances and features of this type of transaction that are recommended to be studied.

Legislative basis of the process

Purchase from a single supplier is carried out in accordance with Article 93, it provides all the information and nuances of this type of purchase. This article describes the nuances of drawing up and paying for a contract, a list of required papers, a list of services provided, features of the procedure and procurement process. This article was last updated on July 29, 2017. It consists of 4 points.

According to the first paragraph 93 of Article 44 of Federal Law on public procurement, purchasing from a single supplier is possible only in the following cases:

• If the goods, services or works will be used in the area of ​​activity of natural monopolies and the central depository;
• To carry out the activities of state protection authorities;
• Receipt of the relevant regulation, order or instruction 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 participates;
• Implementation of mobilization preparation;
• Purchase of transport services or funds for assistance and activities of the Armed Forces, transportation of military equipment or military personnel in cases of threat to the security of the state, restoration of peace, etc.;
• Purchases by federal executive authorities, with permission from the Government of the Russian Federation, of 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 made by state or municipal institutions in the field of culture;
• Purchases of goods created, designed or modernized in Russia;
• Purchases of goods or services that can only be performed by local executive authorities;
• Purchase of literature, visual or musical art from one author;
• Purchasing services for excursions, tutoring, etc.;
• Purchasing equipment that has no analogues;
• Concluding a contract for the supply of medicines to a patient, etc.

According to the second paragraph, the customer is obliged 5 days before concluding a contract with the supplier to formalize all procurement information in a unified information system. The client should not draw up a purchase notice if the information constitutes a state secret.

The third paragraph states that if the client has chosen one contractor, he is obliged to justify his actions in the document. When drawing up a contract, he describes the legitimate reasons or situations that prevent him from choosing other methods of procurement. Information about the price and essential conditions and obligations of the parties must be provided.

Familiarize yourself with the main provisions of Federal Law No. 143

The fourth paragraph states that the contract must include a calculation of the cost of the purchased goods, services or works.

You can download the Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”

You can download Article 93 of Federal Law No. 44 “On the contract system in the field of procurement”

Who is the sole supplier?

The sole supplier is the individual or legal entity with whom the customer enters into a contract. The customer selects one contractor, whom he either knows or has heard positive reviews of, and the parties draw up a contract under which the contractor undertakes to provide goods, services or work on time and in the required quality.

By right, the customer, when determining the only supplier, has the right to omit the formalities of Article 24, Article 44 of the Federal Law. Usually in such cases the client is completely confident in the opposite side and therefore formal procedures are not necessary. However, there are still processes defined by law and the parties are obliged to follow them. The sole contractor can be selected by the client only on the basis of legitimate reasons outlined in this article above.

Purchasing from a single supplier means that the client will not use the formality of competitive selection. Such purchases are made without a contract system, and such a category was introduced into the legislation of the Russian Federation for cases that do not fit the typical categories and should have been used rarely. However, today this is one of the most popular methods of procurement.

The procedure for registration of purchases under Federal Law 44

There are several steps to make a purchase from a single supplier, and this method of making purchases is considered the simplest if there are legal grounds.

Transaction procedure:

• To begin with, the customer draws up a plan. The plan contains the information that is necessary to achieve the customer’s goals and objectives. The document includes the purpose of the purchase, identification code, amount of financing and legal grounds for purchasing from a single supplier;
• The client then selects a supplier. It often happens that a person chooses the same person for many years;
• A contract is drawn up and all necessary documents are used. It is drawn up in writing, in any order, by hand or printed on a computer;
• Then the information from the contract is transferred to a unified information system. According to Federal Law 44, the deadline for signing the contract is entered, and the necessary documents are provided.

Among the required documents:

• Date of entering information into the UIS and identification number;
• Papers containing information about changes or proposals;
• Procurement progress reports;
• A document containing information about the procurement of a product, service or work.

After completing the procedure, before entering information into the unified information system, the parties have 10 days to agree on possible amendments, changes, etc. Then, within five days, the contract must be signed and information about it entered into the Unified Information System. In cases where the project is divided into stages, then upon completion of one stage a report is entered into the system.

Maximum allowable amount

Purchasing from a single supplier is made only if other procurement methods are impossible or impractical. According to Federal Law No. 44 and its Article 93, the amount of money for a product, service or work must be “small”. There is no specific amount provided and there is no definition of the word “small” in the law.

But in the fourth paragraph of the article it is written that the amount of money for the entire purchase should not exceed 100 thousand rubles. It is this amount of money that is considered acceptable for use by the customer when drawing up and executing a contract and conducting a purchase from one contractor.

Procurement laws provide for several types of procedures. One of them is the opportunity to conclude a contract through procurement from. Such procurement procedures are called non-competitive.

Purchasing from a single supplier is perhaps the most popular among both customers and suppliers. In this case, the contract is concluded bypassing procurement stages such as consideration of applications, auction, summing up. Those. The contract is concluded directly between the seller and the buyer.

1. Advantages of purchasing from a single supplier

This procedure has undoubted advantages for both parties:

• short procurement times
• The customer turns to a supplier who can guarantee the fulfillment of the contract
• It is almost impossible to suspend the validity and signing of a contract
• The procedure is simple and convenient
• To conclude a contract with a single supplier, the latter does not need to use a large amount of human resources.

2. Cases of application of procurement from a single supplier under 44 Federal Laws

All cases are described in Part 1 of Article 93 . Actually, the law does not oblige the use of this method of procurement. It gives customers this right (with the exception of the case when the announced procurement procedure did not take place), and whether to use it or not is up to the customer to decide. Customers use this right with pleasure, but in this case a contract cannot be concluded for any amount by law. Basically, the purchase amount will be up to one hundred thousand rubles. In some cases, a large amount for purchase is allowed, for example, purchases from a single supplier to provide orphans with everything they need can be made for an amount of up to four hundred thousand rubles. Cases of procurement from a single supplier cover any force majeure situation that requires an urgent solution. The law describes fifty-two points when such a purchase can be carried out. It also indicates which purchases the customer makes a decision on himself, in which he is obliged to inform the controlled body, and in which it must be carried out only with the approval of the control body. At the same time, the one who makes the purchase is forced to purchase goods at the seller’s stated prices without a possible reduction and on his terms; this is a big disadvantage for the buyer, since he is forced to agree with the proposed price without the possibility of a reduction. At the same time, the entire amount of such purchases can reach a maximum of no more than two million rubles per year, or more than five percent of the customer’s total purchase volume, but not more than fifty million rubles.

3. Purchasing from a single supplier

Since we are considering this type of procurement from suppliers, we will not dwell on all the actions that the customer is required to do, but will focus on the general algorithm.

• The customer selects the company with which he enters into a contract and agrees on the terms of purchase and the text of the agreement (contract).
• The notice is placed by the buyer in the system (unified information system) and there are still five days left before the contract is signed.
• To notify the control body of the purchase, the buyer has one working day left after signing the contract, and should not forget to provide a copy of it justifying the need for the purchase and the price.

All non-competitive procurement methods are under the close supervision of supervisory and regulatory authorities, and this must be taken into account when drawing up documents. There is no algorithm by which to evaluate how legal it is to conclude a contract with a single supplier. Here everything depends on the employees of the control body and on the argumentation of the need for procurement. Since there is increased attention to such procurement methods, correct justification of prices and the need to purchase from a single supplier will greatly simplify life not only for the customer, but also for the supplier.

4. Purchase from a single supplier under Federal Law 223

IN There is also such a concept. Sometimes it is also called direct procurement. The initiative can come from both the customer and the seller. The rules for such procurement under Federal Law 223 are prescribed in the customer’s procurement regulations. In certain cases (this is described in Part 15 of Article 4 of Federal Law 223) such purchases are not entered into the system. You can understand how such a purchase should take place from a specific customer by reading its Procurement Regulations (located on the public procurement website)

So how do you get to purchasing from a single supplier? Let's note the main thing: the customer turns to suppliers with whom he interacts. Or to a company that has no competitors due to the uniqueness of the product offered or service provided. Therefore, if you do not communicate with the customer, the contract with the only supplier will be given to your competitor. If the customer is not satisfied for some reason with the way you fulfill your obligations under other contracts, the purchase will be given to your competitor. Having a defective item in your warehouse greatly increases your chances, since this product can only be purchased from you.

To conclude a contract with a single supplier, the customer must justify the feasibility of this purchase, as well as provide the validity of the price and the method of calculating it. As a rule, the supplier you contacted helps with price justification. He submits a commercial proposal. It is possible that the customer will contact more than one supplier with a request and will choose an offer with a lower price.

6. Partnership Program of the Entrepreneur Support Center

If a supplier wants to enter into contracts through single source procurement, he first needs to earn a reputation as a conscientious and responsible contractor. Have the resources to quickly and efficiently complete work or quickly deliver goods. Be attentive to the formation of your price in the commercial offer for the customer. Read articles 44FZ and 223FZ regarding this type of procurement. When working with Federal Law 223, you must also study the customer’s Procurement Regulations.

Of course, you can do this yourself. But today more and more attention is paid to purchasing from small and medium-sized businesses, including purchasing from a single supplier. To facilitate this task, special partnership programs are created in which both customers and suppliers participate. Page of one of these programs is present on our resource. By participating in such programs, large customers acquire permanent, bona fide suppliers from among small entrepreneurs, and small businesses get the opportunity to become a supplier and full-fledged partner for large corporations. The Center for Support and Entrepreneurship helps with paperwork, and after joining the program, it will equip a multifunctional account on the website with complete information on planned (and announced) purchases and tenders specifically for your profile. Program participants are also provided with a personal manager who helps them understand the complex bidding system and search for your specialized auctions. As you know, it is very difficult for small businesses to maintain a tender department staffed by highly qualified specialists. The Partnership Program is designed to help solve this problem and provide small businesses with highly qualified support from specialists in the field of tenders.

For a guaranteed result in tender procurement, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business, you can get a number of advantages: advance payments for government contracts, short payment terms, conclusion of direct contracts and subcontracts without a tender. and work only under profitable contracts with minimal competition!

Purchasing from a single supplier is one of the purchasing methods that allows you to purchase goods of the required quality, a certain brand, from a certain seller, without holding a tender, in the shortest possible time. In this article we will look at the features of purchasing from a single supplier.

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What is purchasing from a single supplier?

Purchasing from a single supplier is a way in which a contract is concluded with a specific legal entity or individual without undergoing a formal procedure for selecting a supplier(Part 1, 2 of Article 24 of Federal Law No. 44-FZ dated 04/05/2013; hereinafter referred to as Law No. 44-FZ).

Please note that purchasing from a single supplier is a right, not an obligation, of the customer (the only exception is purchasing from a single supplier in case of failed competitive procedures under 44-FZ).

In what cases is procurement carried out from a single supplier?

You can purchase from a single supplier (contractor, performer) in the cases specified in Part 1 of Article 93 of Law No. 44-FZ.

This list contains more than 40 different bases, among which are the most popular among customers:

• procurement of goods, work or services that fall within the scope of activities of natural monopolies in accordance with Federal Law dated August 17, 1995 No. 147-FZ “On Natural Monopolies”, as well as central depository services (clause 1, part 1, article 93 );
• procurement of goods, work or services in an amount not exceeding 100,000 rubles (clause 4, part 1, article 93);
• provision of services for water supply, sewerage, heat supply, gas supply (except for services for the sale of liquefied gas), connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, storage and import (export) ) narcotic drugs and psychotropic substances (clause 8, part 1, article 93);
• procurement of certain goods, works, services as a result of an accident, other emergency situations of a natural or man-made nature, force majeure, in the event of a need for emergency medical care or emergency medical care (clause 9, part 1, article 93 );
• declaring invalid an open tender, a tender with limited participation, a two-stage tender, a repeated tender, an electronic auction, a request for quotations, a request for proposals (clause 25, part 1, article 93).

I would like to dwell on several types of purchases from a single supplier.

Small purchases

It is worth noting that purchases worth up to 100,000 rubles are not limited by the rule on goods of the same name. Previously (according to the norms of Law No. 94-FZ), the amount of all orders for the supply of goods of the same name (performing work of the same name, providing services of the same name) during the quarter should not exceed 100,000 rubles (Clause 14, Part 2, Article 55 of Law No. 94-FZ ).

Example. In March of this year, the customer enters into a contract for the supply of office equipment to the office in the amount of 90,000 rubles. In April of the same year, he has the right to purchase the same goods from a single supplier, provided that the price of each contract does not exceed 100,000 rubles. Moreover, the total amount of such contracts concluded during the quarter does not matter, provided that the annual volume of purchases from a single supplier on the basis of clause 4, part 1, art. 93 of Law No. 44-FZ will not exceed 2 million rubles or 5% of the total annual purchase volume and will amount to no more than 50 million rubles.

The “small volume purchase” type is very popular among customers because of its simplicity:

• Firstly, purchases under paragraph 4 of part 1 of Article 93 of Law No. 44-FZ do not need to be reflected in the schedule in full. Information on such purchases is reflected in one total amount for the year, without indicating information for each purchase.
• Secondly, the notice of such a purchase is not posted in the unified information system.
• Thirdly, for such purchases there is no need to prepare a report on the execution of the contract stage and enter information into the contract register.

Non-competition procedure

In what case does purchasing from a single supplier become not a right, but an obligation of the customer?

If a procurement through a competitive procedure is declared invalid due to the submission of only one application or recognition of only one application as meeting the requirements, the customer is obliged to purchase from a single supplier (clauses 24, 25, part 1, article 93, part 18, article 83 No. 44- Federal Law).

We draw your attention to an interesting detail in the law: when purchasing from a single supplier is impossible (for example, if the established limits for the total annual volume of purchases are exceeded), the customer can hold an open tender or an electronic auction (Articles 48, 59), and sometimes a request for quotations or request for proposals (part 2 of article 72, part 2 of article 83).

There is no longer a need to coordinate purchases from a single supplier based on the results of failed tenders. Since 2015, the customer’s obligation to approve the conclusion of a contract with the Federal Antimonopoly Service (FAS) in the event that competitive procurement methods are declared invalid (Clause 25, Part 1, Article 93) has been cancelled.

When choosing a non-competitive method for identifying a supplier, the customer must take into account both the advantages and disadvantages of this procedure.

Advantages of purchasing from EP

1. As a rule, the customer knows the supplier and has successful experience of interacting with him.
2. The risk of violation of the contract conclusion procedure is minimized.
3. Purchasing from a single supplier is faster and easier than choosing competitive procurement methods.
4. The customer does not need to devote significant resources to the procedure for identifying a supplier and concluding a contract.

Disadvantages of purchasing from EP

When purchasing from a single supplier, the customer cannot significantly reduce the contract price, as, for example, in an electronic auction. It is also difficult for him to ensure the best conditions for fulfilling the contract, as, for example, in an open competition, due to the lack of competition.

The FAS pays special attention to this particular procurement method, since it is associated with wide opportunities for abuse when spending budget funds. The customer can reach an agreement with the supplier in circumvention of the law. By giving preference to purchasing from a single supplier, the customer must understand that the regulatory authorities will pay increased attention to the non-competitive procedure, and be clear about their responsibility in case of violations.

Force majeure

There are often cases when a customer enters into an agreement with a single supplier, citing force majeure circumstances. Let us recall that the law on the contract system 44-FZ allows for a non-competitive procedure in the event of emergency situations and force majeure (force majeure). But not all circumstances fall under this definition.

How do you know what is force majeure and what is not? Look at the Civil Code of the Russian Federation (Article 401), where it is written what circumstances are extraordinary and unavoidable. Other cases, for example, poor performance of duties, do not apply to them.

Example 1. End of the financial year

The customer was allocated budget funds at the end of the financial year, and there was not enough time to carry out competitive procedures. Can he conclude a contract with a single supplier, referring to Federal Law-44 (clause 9, part 1, p. 93)?

According to clause 9, part 1, art. 93 No. 44-FZ, when purchasing GWS necessary to eliminate the consequences of an accident, emergency situations, or force majeure circumstances, the customer has the right to enter into a contract with a single supplier. But the customer can do this only on the condition that the use of other time-consuming methods for determining the supplier is impractical.

In turn, lack of time in itself does not have signs of emergency and unpreventability. Therefore, such actions of the customer will be unlawful.

In practice, the Ministry of Economic Development of Russia, the Federal Antimonopoly Service of Russia and arbitration courts do not recognize the receipt of funds at the end of the financial year as a force majeure circumstance.

Example 2: Prevention

The customer learned about an emergency (emergency) situation at the facility under his jurisdiction. Do they have the right to enter into a contract with a single supplier, citing force majeure circumstances?

If there are no force majeure circumstances at the time of conclusion, then the customer does not have the right to enter into a contract with a single supplier, since the possibility of an emergency situation in itself does not indicate the objective existence of such a circumstance.

In practice, arbitration courts, when considering such disputes, make decisions depending on whether there were force majeure circumstances (emergency situation) at the time the contract was concluded.

In this case, it is more appropriate for the customer to request quotes.

Example 3. Contract after an accident

An accident at the facility under our jurisdiction has already occurred. And the customer, long after the accident, entered into a contract with a single supplier, citing force majeure circumstances. Are his actions legal in this case?

If there was enough time to carry out competitive procedures, then regulatory authorities may regard the customer’s actions as unlawful. The customer has the right to conclude a contract with a single supplier when purchasing work necessary to eliminate the consequences of an accident, other emergencies of a natural or man-made nature, or force majeure circumstances, but the customer can do this only on the condition that the use of other time-consuming methods for determining the contractor is impractical . Therefore, if the customer enters into a contract with a single contractor to perform urgent work to eliminate an emergency situation that arose long before, then he is clearly wrong.

When considering such disputes, arbitration courts make decisions depending on whether the customer had time to make the purchase in a competitive manner.

Procedure for conducting an inspection by a regulatory authority

When purchasing from a single supplier (contractor, performer), the customer is obliged to notify the procurement control body no later than 1 working day from the date of conclusion of the contract. A notification of such a purchase is sent to the Federal Antimonopoly Service, the local government body of a municipal district or the local government body of a city district authorized to exercise control in the field of procurement. This notice is accompanied by a copy of the concluded contract with the rationale for its conclusion.

There are no regulations for verifying the conclusion of a contract.

1. An employee of the regulatory authority reviews the received notification and evaluates the customer’s actions to conclude a contract for compliance with the requirements of Law No. 44-FZ.
2. Based on the results of the inspection, a report is prepared.
3. In the absence of violations of Law No. 44-FZ in the actions of the customer, informing the latter is not provided for by the procedure.
4. If violations are detected, the regulatory authority will organize an unscheduled inspection, of which the customer will be notified.

Justification for purchasing from a single supplier

In some cases (they are specified in Part 3 of Article 93 of Law No. 44-FZ), the customer needs to prepare and approve a report in which it is required to justify (Part 3 of Article 93 of Law No. 44-FZ):

• the impossibility or inappropriateness of using other methods of determining a supplier other than purchasing from a single supplier;
• price and other essential terms of the contract.

The deadline for drawing up the report is not established by Law No. 44-FZ. But the report must be approved before the contract is concluded, and not after. In practice, this may require one to three business days.

Conclusions

1. The customer cannot always opt for a non-competitive procedure every time it is convenient for him.
2. Customers need to remember the restrictions and comply with all legal regulations, carefully studying the wording and delving into their subtleties.
3. And before concluding a contract, suppliers need to carefully read the customer’s documentation, analyze the information, delving into the details.
4. It is important to monitor situations where the conclusion of a contract may be unlawful, without waiting for such a contract to be terminated based on a decision of a regulatory authority or court.

Online course for contract managers, contract service specialists and purchasing commissions. An additional professional development program was developed based on the requirements of the professional standard “Procurement Specialist”.