Ways to identify suppliers. Competitive and non-competitive methods for determining the contractor under the state and municipal contract Code for determining the supplier 44 fz

The choice of the procurement method is carried out by the customer independently in accordance with the requirements of the law on the basis of the following criteria: 1) the subject and conditions for the execution of the contract concluded as a result of the procurement; 2) initial (maximum) contract price; 3) criteria for determining the winner; 4) the required period for satisfying the need for the procurement object. The law divides all methods of determining suppliers into two groups: competitive and non-competitive (Fig. 3)

Competitive ways to identify suppliers

These, in accordance with the norms of the law, include all types of tenders, auctions, requests for quotations and requests for proposals. The law gives the following definition of competition. Competition is a method of determining a supplier (contractor, performer), in which the procurement participant who offers the best conditions for the execution of the contract is recognized as the winner. 1. Open tenders An open tender is understood as a tender in which information about the purchase is communicated by the customer to an unlimited number of persons by placing it in a single information system notices of such a tender, tender documentation and procurement participants are subject to uniform requirements. The customer in all cases purchases by open competition, except as expressly provided by law. Open competitions are held according to the following rules: - placement in the EIS of a notice of the competition.

Taking effective measures by the customer to bring to the attention of potential bidders the opportunity to participate in them, as well as providing interested firms with sufficient time to prepare and submit their bids; – ensuring equality of all participants in the competition, in particular, the establishment of neutral specifications and standards in which no unnecessary restrictions are placed on competition; - establishing clear and objective criteria for evaluating competitive applications, allowing applicants to decide whether to enter into competition at all; – identifying the winner of the tender and concluding a contract with him in strict accordance with the procedure established in the tender documentation. The procedures for conducting an open competition are regulated by Art. 48–55 of the Federal Law of April 5, 2013 No. Unlike other methods of determining the competition, at least two criteria are used as a criterion for choosing a winner:

1) the price of the contract and 2) the costs of operation and repair of goods, the use of the results of work; 3) qualitative, functional and environmental characteristics of the procurement object; 4) qualifications of procurement participants, including whether they have financial resources, owned or otherwise legal basis equipment and others material resources, work experience related to the subject of the contract, and business reputation, specialists and other employees of a certain skill level.

2. Open competition with limited participation

A tender with limited participation is understood as a tender in which information about the purchase is communicated by the customer to an unlimited circle of persons by posting a notice of such a tender and tender documentation in the EIS, uniform and additional requirements are imposed on the procurement participants and the winner of such a tender is determined from among the procurement participants who have passed prequalification.

The customer makes purchases by holding a tender with limited participation in the following cases: 1) if the supply of goods, performance of work, provision of services due to their technical and (or) technological complexity, innovative, high-tech or specialized nature can only be carried out by suppliers (contractors, performers), having the required level of qualification. The list of innovative and high-tech products is established by the Government of the Russian Federation; 2) performance of work on the preservation of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, restoration of museum objects and museum collections included in the Museum Fund, documents of the Archival Fund of the Russian Federation, especially valuable and rare documents that are part of the library funds, performance of work , provision of services related to the need for contractors, executors to access the registration databases of museums, archives, libraries, museum storages (depositories), systems for ensuring the security of museum objects and museum collections, archival documents, library fund. When conducting a tender with limited participation, the same procedures are used as in an open tender, only in addition

completion within no more than 10 working days from the date of opening the envelopes with applications for participation in the tender, the customer conducts a pre-qualification selection to identify procurement participants that meet the unified and additional requirements established by the customer. Accordingly, only those suppliers who have passed the pre-qualification process participate in the procedure for consideration and evaluation of competitive bids.

3. Open two-stage competition

A two-stage tender is understood as a tender in which information about the procurement is communicated by the customer to an unlimited circle of persons by placing a notice of such a tender and tender documentation in the EIS, uniform requirements or uniform and additional requirements are imposed on the procurement participants, and the winner of such a tender is recognized as a participant in a two-stage tender who accepted participation in both stages of the tender (including those who passed the pre-qualification selection at the first stage in the event that additional requirements are established for the participants of such a tender) and offered the best conditions for the execution of the contract based on the results of the second stage of such a tender. The customer has the right to hold a two-stage tender, subject to the following conditions: 1) the tender is held to conclude a contract for scientific research, design work(including architectural and building design), experiments, surveys, for the supply of innovative and high-tech products, energy service contract, as well as in order to create a work of literature or art, performance (as a result of intellectual activity); 2) to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants.

When conducting a two-stage tender at the 1st stage, participants are required to submit initial bids containing proposals for the procurement object, but without specifying the price. At the 1st stage, the tender commission conducts discussions with its participants on any proposals contained in the submitted bids in relation to the procurement object. All participants of the two-stage competition have the right to attend the discussion of the proposal of each participant.

The term for holding the 1st stage of a two-stage competition cannot exceed 20 days from the date of opening the envelopes with the initial applications for participation in the competition. Based on the results of the 1st stage of the tender, the customer has the right to clarify the terms of the procurement, namely: 1) any requirement for the functional, technical, quality or operational characteristics of the procurement object; 2) any criterion for evaluating applications for participation in the competition. At the 2nd stage of the competition, the competition commission invites all participants who took part in the 1st stage to submit final applications for participation in a two-stage competition indicating the price of the contract. The participant of the two-stage competition, who took part in the 1st stage, has the right to refuse to participate in the 2nd stage of the two-stage competition. All other procedures are carried out as in an open competition.

4. Electronic auction

Auction - a method of determining the supplier (contractor, performer), in which the winner is the procurement participant who offered the lowest contract price. The customer is obliged to conduct an electronic auction in the event that goods, works, services included in the list established by the Government of the Russian Federation, or in the additional list of a constituent entity of the Russian Federation are purchased when purchasing goods, works, services to meet regional needs. The inclusion of goods, works, services in these lists is carried out in case of simultaneous fulfillment of the following conditions: 1) it is possible to formulate a detailed and accurate description of the procurement object; 2) the criteria for determining the winner of such an auction have a quantitative and monetary value. The customer has the right to purchase goods, works, services included in the auction list, by conducting a request for quotations, a request for proposals, making purchases from a single supplier (contractor, performer), taking into account the requirements and restrictions for these types of purchases established by law. Conduct procedures electronic auction To conduct bidding in the form of an electronic auction, the customer must prepare a notice of an electronic auction and documentation on an electronic auction. Provided that the initial (maximum) contract price (lot price) does not exceed 3 million rubles, the customer places a notice of an electronic auction and documentation in the unified information system at least 7 days before the deadline for filing applications for participation in an electronic auction . If the initial (maximum) price of the contract (price of the lot) exceeds 3 million rubles, at least 15 days before the deadline for submitting applications for participation in the electronic auction.

After reviewing the notice and documentation of the open auction, participants have the right to submit their applications for participation, which will consist of two parts. In the first part of the application, the participant describes the products offered and agrees to conclude a contract (in case of victory) according to the conditions provided for in the electronic auction documentation. The second part of the application contains information about the auction participant (name, charter, extract from the Unified State Register of Legal Entities, etc.). Not later than the working day following the deadline for filing applications for participation in an electronic auction, the operator of the electronic site sends the first parts of applications for participation in such an auction to the customer. Consideration of the first parts of applications begins on the day they are received by the customer from the operator of the electronic site, that is, the day after the deadline for submitting such applications.

The auction commission checks the first parts of applications for participation in an electronic auction for compliance with their requirements established by law and documentation of such an auction in relation to the purchased goods, works, services. Based on the results of consideration of the first parts of applications for participation in an electronic auction, the commission decides on the admission of the procurement participant who submitted an application for participation in such an auction to participate in it and on the recognition of this procurement participant as a participant in such an auction or on refusal to admit to participation in such an auction . Only persons who have received accreditation for electronic platform and admitted by the auction commission to participate in such an auction. An electronic auction is held on an electronic platform. The day of the electronic auction is set by the customer in the notice of the electronic auction. The start time of such an auction is set by the operator of the electronic site in accordance with the time zone in which the customer is located. The day of the electronic auction is the working day following the expiration of two days from the date of the expiration of the period for consideration of the first parts of applications for participation in such an auction. An electronic auction is held by reducing the initial (maximum) contract price specified in the notice of such an auction. Therefore, the main criterion for choosing the winner is the proposed price of the contract. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the "auction step") is from 0.5 to 5% of the initial (maximum) contract price. When conducting an electronic auction, its participants submit proposals for the contract price, reduced by an amount within the "auction step".

From the beginning of the electronic auction until the deadline for submitting proposals from participants in such an auction on the contract price, the time for accepting proposals from participants is set, which is 10 minutes from the beginning of such an auction until the deadline for submitting proposals for the contract price and 10 minutes after the receipt of the last proposal for the contract price. Based on the results of the electronic auction, the operator of the electronic site draws up a protocol for the conduct of the electronic auction. The operator of the electronic site within 1 hour after posting the protocol of the electronic auction on the electronic site is obliged to send to the customer the specified protocol and the second parts of the applications for participation in the auction submitted by its participants, the contract price bids of which received the first 10 serial numbers during ranking. If less than 10 participants took part in the auction, all two parts of the applications are sent to the customer. The second parts of applications for participation in the electronic auction are considered by the procurement commission. The total period for consideration of the second parts of applications for participation in an electronic auction may not exceed 3 working days from the date of placement on the electronic site of the protocol of the electronic auction. Based on the results of consideration of the second parts of applications for participation in the electronic auction, the auction commission makes a decision

on the compliance or non-compliance of the application for participation in such an auction with the requirements established by the documentation. Consideration of these bids begins with the bid where the lowest contract price is offered, and is carried out taking into account the ranking of these bids.

Features of the electronic auction

1. An electronic auction is held on an electronic trading platform (the list of sites is determined by the Government of the Russian Federation based on the results of a competitive selection).

2. Suppliers wishing to participate in an electronic auction must go through the accreditation procedure on the trading platform (it is issued for 3 years).

3. Only electronic forms of documents are used (documents sealed with an electronic digital signature).

4. All participants in the auction must pay "auction bid security" in the amount of 0.5 to 5% of starting price contract.

5. The winner of the auction will have to pay for the work of the electronic trading platform.

6. Suppliers' auction bids include two parts (the first contains information about the products offered, the second contains information about the participant in the order placement.) Both parts of the bid are submitted simultaneously.

7. The auction step varies from 0.5 to 5% of the initial contract price. Any participant in the auction can also reduce the price regardless of the step of the auction (subject to certain conditions). 8. If the auction price has reached 0, an auction for increase (for the right to conclude a contract) can be held. 9. Participants of the auction and the customer (buyer of products - authority state power or local government) never meet during the auction. An electronic platform always acts as an intermediary between them. 10. The customer has the opportunity to conclude a contract not only with the supplier, whose application received No. 1 and 2 (as in a regular auction), but also with No. 3, 4, 5. 11. And other features.

The request for quotations is understood as a method of determining the supplier, in which information about the customer's needs for a product, work or service is communicated to an unlimited circle of people by posting a notice on the request for quotations in the EIS and the procurement participant who offered the lowest contract price is recognized as the winner of the request for quotations. The customer has the right to make purchases by conducting a request for quotations, provided that the initial price of the contract does not exceed 500 thousand rubles. At the same time, the total annual volume of purchases carried out through a request for quotations should not exceed 10% of the funds provided for all purchases of the customer in accordance with the schedule, and should not exceed 100 million rubles per year. When determining a supplier by requesting quotations, the restriction on the price of the contract may not be applied in several cases: international organizations and other customers) - for the provision of an ambulance, including an ambulance specialized, medical care in emergency or urgent form and normal life support of citizens. Determining a supplier by requesting quotations is also allowed for the purpose of providing humanitarian assistance or eliminating the consequences emergencies natural or man-made.

This type of procurement has its own characteristics: - procurement is carried out without limiting the price of a state or municipal contract; – the preliminary selection of suppliers is carried out annually; – the initial price of the contract is not indicated in the notice of the request for quotations; – when evaluating quotation bids first, those that involve the supply of more than 30% of the required volume are considered. Procedure for conducting a request for quotations The customer is obliged to place in the unified information system a notice of a request for quotations and a draft contract concluded based on the results of such a request, at least 7 working days before the deadline for filing applications for participation in the request for quotations, and in case of implementation purchases of goods, work or services for an amount not exceeding 250 thousand rubles, and in cases provided for by Article 76 of the law (purchase for emergency medical care), at least 4 working days before the expiration date of the specified period.

The customer, simultaneously with the placement of a notice of a request for quotations in the unified information system, has the right to send a request for quotations to at least 3 persons engaged in the supply of goods, performance of work, provision of services provided for in the notice of a request for quotations. In some cases, the customer must send such a request to at least 3 persons. Applications for participation in the request for quotations are submitted to the customer in writing in a sealed envelope that does not allow viewing the content of the application before opening the envelope, or in the form of an electronic document. If the application is submitted on time, the customer is obliged to register it. If an application for participation in the request for quotations was received after the deadline for submitting applications, then such an application is not considered and is returned to the person who submitted it on the day of receipt. If two or more bids for participation in the request for quotations are submitted by the end of the deadline for submitting bids for participation in the request for quotations, the quotation commission proceeds to opening the envelopes with bids.

The Quotation Commission opens envelopes with quotation bids and opens access to bids submitted in the form of electronic documents for participation in the request for quotations at the time and place specified in the notice of the request for quotations Opening all received envelopes with such bids and opening access to those submitted in the form electronic documents to such applications, as well as consideration and evaluation of such applications are carried out on the same day. Submitted bids are considered by the quotation commission for compliance with the requirements of the notice of the request for quotations. When opening envelopes and opening access to bids, the name of the participant in the request for quotations is announced, mailing address, the price of goods, work or services and other information specified in the participant's quotation bid. When carrying out the procedure for consideration and evaluation of quotation bids of participants, the customer is obliged to provide an audio recording of the procedure. Members

procedure has the right to make audio and video recording of the procedure for consideration and evaluation of quotation bids. The winner of the request for quotations is the participant in the request for quotations who submitted an application for participation in the request for quotations, which meets all the requirements established in the notice of the request for quotations, and which indicates the lowest price of goods, work or services. If several participants offered an equal price, then the winner the participant whose application is submitted earlier than the others is recognized. 6. Request for proposals A request for proposals is understood as a method of determining a supplier, in which information about the needs for a product, work or service for the needs of the customer is communicated to an unlimited circle of people by posting in the EIS a notice of a request for proposals, documentation of the request for proposals and the winner of the request for proposals is recognized procurement participant who sent final offer, which best satisfies the customer's needs for a product, work or service. The customer has the right to purchase by conducting a request for proposals in the following cases:

1) conclusion of a supply contract sports equipment and equipment, sports outfit necessary for the training of sports teams of the Russian Federation in Olympic and Paralympic sports, as well as for the participation of sports teams of the Russian Federation in Olympic Games and the Paralympic Games; 2) the conclusion by the federal executive body of a contract with foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation; 3) procurement of goods, work or services that are the subject of a contract, the termination of which was carried out by the customer unilaterally; 4) procurement of medicines that are necessary for prescribing to a patient in the presence of medical indications (individual intolerance, according to vital indications) by decision of the medical commission, which is recorded in the patient's medical documents and the journal of the medical commission; 5) recognition of the repeated tender, electronic auction as not held;

6) procurement of products of folk art crafts of recognized artistic merit, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation; 7) procurement of services to protect the interests of the Russian Federation in the event that individuals and (or) legal entities file claims against the Russian Federation with the judicial authorities of foreign states, international courts and arbitration, if it is necessary to involve Russian and (or) foreign specialists, experts and lawyers to provide such services. Procedure for conducting a request for proposals A notice of a request for proposals shall be placed by the customer in the unified information system no later than 5 days before the date of such a request. Along with the placement of a notice of a request for proposals, the customer has the right to send invitations to participate in the request for proposals to persons capable of supplying goods, performing work, and providing services that are the objects of procurement.

The customer is obliged to send invitations to participate in the request for proposals to persons with whom, during the 18 months preceding the request for proposals, the customer concluded contracts in relation to the same objects of procurement, provided that these contracts were not terminated due to violation by suppliers of the terms of these contracts . In the event of a request for proposals in accordance with clause 6 of part 2 of Article 83 (unilateral refusal to execute the contract), the customer is obliged to send invitations to participate in the request for proposals only to persons who were participants in the procurement for the right to conclude a contract, the termination of which was carried out in accordance with the provisions of part 9 of Article 95 of the Law, and in respect of whose bids, during the implementation of these procurements, a decision was not made to reject them due to non-compliance of such bids with the requirements of the law, no later than 5 working days before the date of the request for proposals. By analogy with the request for quotation, the request for proposals implies that in order to participate in the request for proposals, the procurement participants, within the time and in the manner established in the notice of the request for proposals and the documentation on the request for proposals, submit applications for participation in the request for proposals to the customer in writing. form or in the form of an electronic document. At the same time, the acceptance of applications for participation in the request for proposals is terminated with the arrival of the deadline for opening envelopes with applications for participation in the request for proposals and opening access to applications for participation in the request for proposals submitted in the form of electronic documents. If before the opening of the envelopes with applications for participation in the request for proposals and the opening of access to applications submitted in the form of electronic documents for participation in the request for proposals, only one application for participation in the request for proposals has been submitted or not a single such application has been submitted, the request for proposals is recognized as failed. The actual procedure for conducting a request for proposals should begin with the process of opening envelopes with applications for participation in the request for proposals and opening access to applications submitted in the form of electronic documents for participation in the request for proposals. Opening of envelopes must be carried out publicly, on the day, time and place specified in the notice of the request for proposals.

The commission (single or commission for consideration of applications for participation in the request for proposals and final proposals) opens the received envelopes with applications for participation in the request for proposals and provides access to applications submitted in the form of electronic documents for participation in the request for proposals. All applications of participants in the request for proposals are evaluated on the basis of the criteria specified in the documentation for the request for proposals, recorded in the form of a table and attached to the protocol for conducting the request for proposals, after which the conditions for the execution of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation in the request for proposals, without announcing the participant in the request for proposals who sent such a single application. Further, after the announcement of the conditions for the execution of the contract contained in the application recognized as the best, or the conditions contained in the only application for participation in the request for proposals, the actual procedure for requesting proposals is completed, all participants in the request for proposals or the participant in the request for proposals who submitted a single application for participation in the request proposals, it is proposed to send the final proposal no later than the business day following the date of the request for proposals. The opening of the envelopes with the final proposals and the opening of access to the final proposals submitted in the form of electronic documents are carried out on the next business day after the date of completion of the request for proposals and are recorded in the final protocol. The participants of the request for proposals, who sent the final proposals, have the right to be present at the opening of the envelopes with the final proposals and the opening of access to the final proposals submitted in the form of electronic documents. The winner is the final offer, which, in accordance with the criteria specified in the notice of the request for proposals, best meets the requirements established by the customer for goods, works, services. If several final offers contain the same conditions for the execution of the contract, the final offer that was received earlier is recognized as the winner.

The final protocol records all the conditions specified in the final proposals of the participants in the request for proposals, the decision made on the basis of the results of the evaluation of the final proposals to assign serial numbers to such final proposals and the conditions of the winner of the request for proposals. The final protocol and the protocol of the request for proposals are placed in a single information system on the day the final protocol is signed. Distinctive features request for proposals: 1. Only when conducting procurement by request for proposals, it is prohibited to make changes to the published notice and documentation accompanying the procedure and cancel the procurement procedure. 2. The rules regarding the provision of participants' applications are ambiguous. Federal Law No. 05.04.2013 provides for the need to indicate in the notice of procurement and the accompanying documentation procedure the conditions for making Money as a security for submitted bids for participation or the provision of bank guarantees only during the tender and auction, but the content of the notice on the request for proposals should also contain information on securing bids.

3. The customer making the purchase has the right to set the conditions under which applications for participation in the procedure must be submitted, that is, it is the customers who set the form, content, composition of the participant's application, as well as the required package of documents. However, it is prohibited to put forward conditions that intentionally reduce the number of possible applications. In addition, the customer does not have the right to make changes to the notice of the request for proposals and documentation, as well as refuse to conduct the request for proposals. 4. After announcing the conditions for the execution of the contract contained in the bid recognized as the best, all participants are invited to send the final offer no later than the working day following the date of the request for proposals. The winner is the supplier that offered the best final offer Request for Proposals is the only competitive way to conduct procurement at the expense of the budget, when using which the customer has the right: - when determining the winner, not be guided by the established criteria for evaluating submitted bids (for example, the qualification of the participant); - independently establish the criteria by which the winner of the purchase will be selected; - not to take into account the values ​​of the significance of the criteria for evaluating submitted proposals established by law. It follows that the customer, when conducting a request for proposals, has a fairly large freedom in terms of receiving applications and their final evaluation. The only limitation is the presence of at least two mandatory criteria that the customer should be guided by: the contract price and not exceeding the significance of the criterion for operating costs (if it is used) over the significance of the criterion for price.

7. Closed methods for determining suppliers Closed methods for determining suppliers are understood as a closed tender, a closed tender with limited participation, a closed two-stage tender, a closed auction, in which procurement information is communicated by sending invitations, procurement documentation to a limited circle of persons who meet the requirements provided for law,

and are able to supply goods, perform work, provide services that are the objects of procurement. Closed methods of determination are applied only in cases of: 1) procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret; 2) procurement of goods, works, services, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract; 3) conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation ...; 4) procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs. Before holding closed tenders and auctions, it is necessary to coordinate with the federal executive body authorized by the Government to carry out these functions. At the same time, the period of such approval should not be more than 10 working days from the date of receipt of the application for approval. Features of closed competitions

1. If the subject of procurement is goods, works or services, information about which constitutes a state secret, the customer shall place a notice of a closed tender in the EIS at least 30 days before opening the envelopes. Interested participants (who have access to working with state secrets) submit a request to the customer to provide them with tender documentation. 2. If the subject of the contract is products for federal needs, information about which is a state secret or services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation ..., cleaning services, services of drivers to ensure the activities of judges, bailiffs , then the customer at least 20 days before opening the envelopes sends personal invitations to suppliers corresponding to established requirements. 3. Opening of envelopes with bids may take place earlier than the date specified in the tender documentation, subject to the written consent of all tender participants to whom invitations were sent.

4. Not later than 20 days before the date of opening the envelopes, the customer must send to the authorized federal agency a list of all persons to whom the tender documentation was sent at their request, and copies of all invitations to take part in the tender. 5. When holding closed tenders, it is not allowed to make audio and video recordings, use electronic forms of tender documentation. A closed auction has the same features as a closed competition at the stage of work with invitations and documentation. Consider the procedure for a closed auction. The auction is held by the customer, the authorized body in the presence of members of the auction commission, auction participants or their representatives. An auctioneer is selected to conduct the auction.

The auctioneer is selected from among the members of the auction commission by open voting of the members of the auction commission by a majority of votes. The auction is held in the following order: 1) immediately before the start of the auction, the auction commission registers the participants of the auction who have come to the auction, or their representatives. 2) the auction begins with the announcement by the auctioneer of the start of the auction, the lot number, the subject of the contract, the initial (maximum) price of the contract (lot), the “auction step”, the names of the auction participants who did not appear at the auction, the auctioneer invites the auction participants to submit their proposals for contract price. "Auction step" is set at 5% of the initial price of the contract. If, after the last contract price offer was announced three times, none of the auction participants announced their intention to offer a lower contract price, the auctioneer is obliged to reduce the “auction step” by 0.5% of the initial contract price, but not less than 0.5% the initial price of the contract (5; 4.5; 4; 3.5 ... 0.5%) / 3) after the auctioneer announces the initial contract price and the contract price reduced in accordance with the "auction step", the auction participant raises the cards in case if he agrees to conclude a contract at the announced price; 4) the auctioneer announces the card number of the auction participant who first raised the card; 5) the auction is considered completed if, after the auctioneer announces the contract price three times, no participant

auction did not pick up the card. In this case, the auctioneer announces the end of the auction, the last and penultimate bids for the contract price, the card number and the name of the winner of the auction and the auction participant who made the penultimate bid for the contract price.

Purchasing from a single supplier

Procurement from a single supplier is understood as a customer's proposal to conclude a contract for the purchase of goods, works or services for budgetary funds, addressed to a specific individual or legal entity. In other words, when purchasing goods, works, services in this way, the customer, in contrast to the procurement by competitive methods, does not have to carry out a formal procedure for selecting a specific contractor, supplier, performer from several received proposals, that is, in fact, there is no process for determining the winner. Negative for the customer side of concluding a contract with a single supplier, contractor, performer, in particular, the following: favorable conditions its execution;  a significant degree of risk of possible inspections by regulatory authorities, which is indirectly due to the opportunities for abuse provided by this procurement method, for example, the option of collusion with a counterparty on certain positions.

Procurement from a single supplier is carried out in the following cases: federal law dated August 17, 1995 No. 147-FZ "On natural monopolies"; 2) procurement for state needs from a single supplier (contractor, executor) specified by a decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, executor) specified by a decree or order

Government of the Russian Federation. The specified legal acts establish the subject of the contract, the deadline for which the contract can be concluded. When preparing drafts of these legal acts, such drafts shall be accompanied by a justification for the price of the contract in accordance with the provisions of Article 22 of the Law; 3) performance of work on mobilization preparation in the Russian Federation; 4) procurement of goods, work or services for an amount not exceeding 100 thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make should not exceed 2 million rubles or should not exceed 5% of the total annual purchases of the customer and should not exceed 50 million rubles. These restrictions do not apply to purchases made by customers to meet the municipal needs of rural settlements; 5) procurement of goods, work or services by state or municipal educational institution, a state or municipal cultural institution whose statutory goals are the preservation, use and popularization of cultural heritage objects, as well as other state or municipal institutions (zoo, planetarium, culture and recreation park, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive) for an amount not exceeding 400 thousand rubles. At the same time, the total annual volume of purchases that the customer is entitled to make on the basis of this paragraph does not exceed 50% of the amount of funds provided for the implementation of all purchases of the customer in accordance with the schedule, and does not exceed 20 million rubles a year; 6) the emergence of a need for work or service, the performance or provision of which can be carried out only by the executive authority in accordance with its powers or subordinate to it government agency, a state unitary enterprise, the relevant powers of which are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts of the corresponding subject of the Russian Federation; 7) conclusion of a contract for the supply of Russian weapons and military equipment, which have no Russian counterparts and are produced by a single manufacturer, with a supplier of such weapons and military equipment included in the register of sole suppliers of such weapons and military equipment. provision of services for water supply, sanitation, heat supply, gas supply (with the exception of services for the sale liquefied gas), for connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, for storage and import (export) of narcotic drugs and psychotropic substances; 9) the emergence of a need for certain goods, works, services due to an accident, other natural or man-made emergencies, force majeure, the need for urgent medical intervention (provided that such goods, works, services are not included in the list of goods approved by the Government of the Russian Federation, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies) and the use of other time-consuming methods of determining the supplier (contractor, performer) is inappropriate. In total, the law (Article 93) provides for 45 grounds for procurement from a single supplier.

When making a purchase from the only one in the cases provided for in clauses 1–3, 6–8, 11–14, 16–19 of part 1 of Article 93, the customer places a notice of such a purchase in the unified information system no later than 5 days before the date conclusion of a contract. In case of procurement from a single supplier for the conclusion of a contract, the customer is obliged to substantiate in a documented report the impossibility or inappropriateness of using other methods of determining the supplier, as well as the price of the contract and other essential conditions contract. When purchasing from a single supplier, the contract must contain the calculation and justification of the contract price.

Danilova S.N.

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Public procurement rules are regulated by the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”. Its provisions are guided by all authorities, state and municipal institutions- from federal ministries and departments to local schools, hospitals and libraries.

Federal Law No. 44-FZ:

• establishes the principles of a unified (federal) contract system;
• defines the terms that are used in the legislation and practice of public procurement;
• regulates procurement planning processes by customers;
• establishes the methods of procurement, rules for their conduct, requirements for participants, the procedure for choosing a performer (supplier, contractor) and concluding contracts;
• determines the procedures for monitoring, auditing, control and appeal in the field of public procurement.

Principles and concepts of a unified contract system

The principles of the contract system are set out in Articles 6-12 of Federal Law No. 44-FZ. These include:

1. Openness and transparency of information - free and free access to complete and reliable information on procurement, including through the functioning of a unified information system (UIS).
2. Ensuring competition - equal conditions for procurement participants, support for fair competition, a ban on restrictions on competition that violate No. 44-FZ.
3. The professionalism of the customer is his duty to involve only qualified specialists in public procurement, as well as to maintain and improve their professional level.
4. Stimulation of innovations - the priority of innovative and high-tech products.
5. Unity of the contract system - principles, concepts and approaches common for all participants in planning, conducting procurement, monitoring, auditing and control.
6. The responsibility of the customer for the effectiveness and efficiency of procurement is the need to achieve the desired results.

Definitions of the main concepts used in the law on contract system, are given in article 3. The provisions of this article clarify the definitions:

• contract system;
• supplier identification procedures;
• procurement of goods, works and services;
• procurement participant;
• state and municipal customer;
• state and municipal contract;
• bodies that are engaged in regulation and control in the field of procurement;
• expert and expert organization in the field of procurement;
• total annual volume of purchases;
• electronic site, specialized electronic site and operators of such sites.

Studying the provisions of Article 3 of Federal Law No. 44-FZ will help you understand the basic terminology in the field of public procurement.

Requirements for suppliers and conditions for participation in procurement

Requirements for suppliers (performers, contractors) are established in Article 31 of Federal Law No. 44-FZ. To participate in public procurement, you must meet all of the following requirements:

1. Official registration in Russia, not belonging to an offshore company.
2. Not being in a state of liquidation or bankruptcy.
3. Possession of a license and (or) membership in self-regulatory organization(SRO) if the performance of the contract involves compliance with these conditions.
4. The absence of a valid disqualification (suspension of activities) for an administrative offense.
5. Absence of outstanding debts on mandatory payments (taxes, fees, contributions, etc.).
6. The management and the chief accountant do not have a criminal record for committing an economic or corruption crime.
7. Lack of affiliation and conflict of interest with the customer.
8. Lack of legal entity in the last two years of administrative punishment for illegal remuneration (Article 19.28 of the Code of Administrative Offenses of the Russian Federation).
9. The absence of a supplier in the register unscrupulous suppliers if this is a condition of the purchase.
10. The presence of exclusive rights to the result of intellectual activity, if it must be transferred to the customer under a contract, except for works of art and literature, contracts for financing the rental or showing of a Russian film.
11. The absence of other restrictions established by Federal Law No. 44-FZ and other regulatory legal acts.

For certain purchases, the Government of the Russian Federation has the right to establish additional requirements regarding the ability of the bidder to ensure the performance of the contract: good business reputation, availability of sufficient material base, specialists, financial resources and work experience.

Compliance with the requirements of the participant declares when filling out an application for participation in a particular purchase. Documentary confirmation is not always required, but the accuracy of the declared information can be verified. False information will lead to the rejection of the application, and in the worst case, to the inclusion in the register of unscrupulous suppliers, which will actually put an end to the possibility of further full-fledged participation in procurement.

A prerequisite for participation in procurement is registration in the Unified Information System (UIS) and subsequent accreditation on federal electronic trading floors. After registration in the EIS, access to work on all federal sites will be provided automatically during the working day.

Procurement types

Methods for determining a supplier (procedures or types of procurement) are listed in Article 24 of Federal Law No. 44-FZ, and the features of each method are explained in other articles of Chapter 3 of this law.

There are two main types of purchases:

1. Purchasing from a single supplier. it the only way purchases in conditions of extremely limited competition - the customer independently chooses with whom to conclude a contract. An exhaustive list of purchases that can be made from a single supplier is specified in Article 93. Any purchase in the amount of up to 300 thousand rubles can be made in this way, and institutions of culture, art, sports, science and organizations for orphans - in the amount of up to 600 thousand rubles.
2. Competitive methods of procurement - these include all other types of public procurement.

Learn more about competitive procurement

Competitive purchases can be open and closed. In the first case, any supplier can participate in the procurement. In the second situation, the purchase is agreed with the FAS, and only a certain circle of participants is invited to participate in it.

The main methods of competitive procurement are competition and auction.

Competitions are held:

1. in an open form. Access to the purchase has an unlimited range of suppliers. They submit applications with proposals, based on the conditions of the tender documentation, the commission compares them and gives the victory to the one who proposed best conditions among all participants.
2. With limited participation. Such a competition can be held only in cases provided for in Art. 56 No. 44-FZ. Initially, it is similar to an open competition: the purchase is available to an unlimited number of persons, and everyone can apply. However, not only basic, but also additional requirements are presented to the participants. Initially, the applications of participants are pre-qualified, some are eliminated, and only among the rest (a limited number of participants) will the winner be determined in the end.
3. in two-stage form. Within the framework of a two-stage competition, the applications of participants are initially evaluated in all respects, except for the price (it is not indicated). Participants who have passed the first stage form an offer already with a price, which becomes the subject of evaluation to determine the winner. Such purchases, as a rule, are carried out when quality, innovation and high technology are priority, and the price, although important, is secondary.
4. in closed form. A closed tender differs from an open tender by a limited range of suppliers admitted to the procurement. Participants must meet the general and additional requirements, having assessed which, the customer sends an invitation to the selected suppliers to participate in the tender.
5. In a closed form with limited participation. This method combines the features of a closed competition and a competition with limited participation. Only a certain circle of suppliers, who are pre-qualified, participate in the procurement. The winner is selected from those who passed the selection.
6. In a closed two-stage form. The method combines the features of a closed competition and a two-stage competition. A limited number of suppliers are allowed to participate in the competition. At the first stage, they form an offer without specifying a price. The one who passes in next stage, forms an offer already at a price, which becomes the determining factor for victory.

Auctions held in open and closed form. More than half of all state and municipal contracts are based on the results of an electronic auction. To participate in the auction, the participant submits an application consisting of two parts. Initially, the customer evaluates the first part of the applications and determines those who will be admitted to the auction. Next comes the submission price offers from participants who gradually reduce the initial maximum purchase price (IMP). As a result, the winner is the one who offered the lowest price, which was held for a certain time. However, the contract will be concluded only after the verification of the second part of the application and satisfaction of all conditions of the auction. Therefore, a victory among price offers is not always a guarantee of concluding a contract.

Differences between a closed auction and an open auction:

• auction documentation is not published in the media and is not posted in the EIS;
• the customer sends invitations to participate in the auction, and only invited participants get access to the documentation;
• electronic auctions are held at specialized ETPs;
• applications are submitted in a sealed envelope;
• closed auctions are often held if the purchase is related to goods, works or services, information about which is a state secret.

Other ways of competitive procurement:

1. Quote request. With such a purchase, the customer is primarily interested in the price. The winner is the one who meets the same requirements for all participants and offers the lowest price. All applications received are evaluated simultaneously. Procurement in this way can only be carried out at the initial (maximum) contract price within 500 thousand rubles.
2. Request for proposals. Relatively rare method of procurement due to existing restrictions. It is usually used in cases of invalidation of repeated tenders or auctions. In addition, the method allows you to quickly resolve the issues of purchasing medicines, as well as providing legal assistance to protect the interests of the state abroad. Unlike a request for quotation, a request for proposals is an assessment of each received application as a whole. The priority is the best offer in all respects, and not only and not so much the offered price.

Conclusion of a contract

The procedure for concluding a contract following the results of an electronic procedure is regulated by Article 83.2 of Federal Law No. 44-FZ.

The document flow is carried out in the EIS and at the site where the purchase is placed and the auction takes place.

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What is Sole Procurement

Purchasing from a single supplier is a way in which a contract is concluded with a specific legal or natural person without a formal supplier selection procedure(Parts 1, 2, Article 24 of Federal Law No. 44-FZ dated April 5, 2013; hereinafter - 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 purchases from a single supplier in case of failed competitive procedures under 44-FZ).

In what cases is the purchase from a single supplier

It is possible to purchase from a single supplier (contractor, performer) in the cases specified in Part 1 of Art. 93 of Law No. 44-FZ.

This list contains more than 50 different bases, among which the most popular with customers are:

• procurement of goods, works or services that fall within the scope of activities of subjects of natural monopolies in accordance with the Federal Law of August 17, 1995 No. 147-FZ “On Natural Monopolies”, as well as services of the central depository (clause 1, part 1, article 93 );
• procurement for an amount not exceeding 300 thousand rubles (clause 4, part 1, article 93);
• provision of services for water supply, water disposal, heat supply, gas supply (with the exception of services for the sale of liquefied gas), for connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, for storage and import (export) narcotic drugs and psychotropic substances (clause 8, part 1, article 93);
• procurement of certain goods, works, services due to an accident, emergency situations of a natural or man-made nature, force majeure, in case of a need to provide medical care in an emergency or urgent form (clause 9, part 1, article 93);
• cases when 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 declared invalid(clause 25-25.3 part 1 article 93).

Let's dwell on some types of purchases from a single supplier.

Small purchases

The customer can purchase from a single supplier any goods, works, services in the amount of not more than 300 thousand rubles. Law No. 44-FZ establishes a condition: the annual volume of purchases that the customer is entitled to make must not exceed 2 million rubles or 5% of the total annual purchases of the customer (if 5% is more than 2 million rubles) and should not exceed 50 million rubles. These restrictions do not apply to purchases for the municipal needs of rural settlements.

Important: purchases in the amount of up to 300 thousand rubles are not limited by the rule on goods of the same name.

Example. In March of this year, the customer concludes a contract for the supply of office equipment to the office in the amount of 90 thousand rubles. In April of the same year, he has the right to purchase the necessary goods from a single supplier, provided that the price of each contract does not exceed 300 thousand rubles.

At the same time, the total amount of such contracts concluded during the quarter does not matter, provided that such purchases do not have signs of “splitting” and the annual volume of purchases from a single supplier on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ will not exceed 2 million rubles or 5% of the total annual volume of purchases and will amount to no more than 50 million rubles.

Small volume purchasing is very popular among customers because of its simplicity:

• First, they do not need to be reflected in the schedule in full. Information on such purchases is reflected in one total amount per year, without specifying information for each purchase.
• Secondly, the notice of such a purchase is not posted in the unified information system.
• Thirdly, there is no need to enter information into the register of contracts for such purchases.

Non-competitive procedure

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

If the procurement through a competitive procedure is declared invalid due to the submission of only one application or the recognition of only one application as meeting the requirements, the customer is obliged to purchase from a single supplier (clause 24-25.3, part 1, article 93 of Law No. 44-FZ).

Important: when purchasing from a single supplier is not possible (for example, if the established limits for the total annual purchase volume are exceeded), the customer can hold an open tender or an electronic auction (Art. 54.1, 59), as well as a request for quotations or a request for proposals in electronic form (Art. 87.1, article 83.1).

As a rule, it is not necessary to coordinate the purchase from a single supplier with the control body following the results of failed procedures. An exception is a failed request for proposals in electronic form (clause 25, part 1, article 93).

When choosing a non-competitive way to determine the supplier, the customer must take into account both the advantages and disadvantages of this procedure.

Benefits of buying from a single supplier

1. As a rule, the customer knows the supplier, has a successful experience of interaction with him.
2. The risk of violating the procedure for concluding a contract is minimized.
3. Purchasing from a single supplier is faster and easier than with competitive procedures.
4. The customer does not need to allocate large resources to the procedure for determining the supplier and concluding a contract.

Disadvantages of buying from a single supplier

1. The customer cannot significantly reduce the price of the contract, as, for example, in an electronic auction.
2. It is difficult for the customer to provide the best conditions for the performance of the contract, as, for example, in an open tender in electronic form, due to the lack of competition.
3. FAS pays Special attention this method of procurement, as it is associated with ample opportunities for abuse in spending budget funds. The customer can negotiate with the supplier in circumvention of the law. Giving preference to the purchase from a single supplier, the customer must understand that on the part of the regulatory authorities there will be increased attention to the non-competitive procedure, and clearly represent his responsibility in case of violations.

Force Majeure

It is not uncommon for a customer to conclude an agreement with a single supplier, referring to force majeure circumstances. But not all circumstances fall under the definition of force majeure.

How do you know what is force majeure and what is not? Refer to the Civil Code of the Russian Federation (Article 401), which determines which circumstances are extraordinary and unavoidable. Other cases, such as poor performance of duties or poor weather(unless they are anomalous) are not included.

Example 1: End of fiscal year

The customer was allocated budgetary funds at the end of the financial year, and there is not enough time to conduct competitive procedures. Can he conclude a contract with a single supplier, referring to Law No. FZ-44 (clause 9, part 1, p. 93)?

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

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

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 event.

Example 2 Prevention

The customer learned about the emergency (emergency) situation at the facility under his jurisdiction. Are they entitled to conclude 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 cannot conclude a contract with a single supplier, since the possibility of an emergency does not in itself 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 situations) at the time of the conclusion of the contract.

In this case, it is more expedient for the customer to conduct a competitive purchase.

Example 3. Contract after an accident

The accident at the subordinate facility has already occurred. And the customer, long after the accident, signed a contract with a single supplier, citing force majeure circumstances. Are his actions legal in this case?

If there was enough time to conduct competitive procedures, then the regulatory authorities may consider the actions of the customer as unlawful. The customer has the right to conclude a contract with a single supplier in the procurement of works necessary to eliminate the consequences of an accident, other natural or man-made emergencies, force majeure circumstances, but the customer can do this only on the condition that the use of other methods of determining the contractor, which require time, is inappropriate . Therefore, if the customer concludes a contract with a single contractor to perform urgent work to eliminate an emergency that arose long before, then he violates the requirements of the law on the contract system.

Arbitration courts, when considering such disputes, make decisions depending on whether the customer had time to make a purchase in a competitive way.

Inspection procedure by the supervisory authority

When purchasing from a single supplier (clauses 6 9, 34, 50, part 1, article 93 of Law No. 44-FZ), the customer is obliged to notify the control body no later than 1 working day from the date of conclusion of the contract. Notification of such a purchase is sent to the Federal Antimonopoly Service, a local government municipal district or the local self-government body of the city district, authorized to exercise control in the field of procurement. A copy of the concluded contract with the justification for its conclusion must be attached to the notification.

There is no regulation on the verification of the conclusion of the contract. Usually:

1. An employee of the regulatory authority reviews the notification received 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 audit, prepares a memorandum.
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 found, the supervisory authority organizes an unscheduled inspection, about which the customer will be notified.

Calculation and justification of the price in the purchase from a single supplier

In some cases, when purchasing from a single supplier (according to clauses 3, 6, 9, 11, 12.18, 22, 23, 30-32, 34, 35, 37-41, 46, 49, part 1, article 93 Law No. 44-FZ), the customer is obliged to determine and justify the price of the contract (part 4 of article 93 of Law No. 44-FZ).

When such a purchase is made, the price justification is included in the text of the contract.

conclusions

1. The customer cannot always make a choice in favor of a non-competitive procedure.
2. Customers need to remember about the limitations and comply with all legislative regulations, carefully studying the wording and delving into their subtleties.
3. Before concluding a contract, suppliers need to carefully read its text, analyze the information, and pay attention to the details.
4. It is important for both the customer and the supplier that the contract be concluded in compliance with all established conditions and restrictions, otherwise the conclusion of the contract will be recognized as illegal.

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What is the rationale for choosing a supplier?

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

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

What does the rationale for choosing a supplier look like?

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

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

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

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

What influences how a supplier is determined

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

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

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

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

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

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

Electronic auction

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

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

Request for quotations in electronic form

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

To justify the chosen method of determining the supplier for a request for quotations, the following should be taken into account:

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

Electronic Open Competition

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

Electronic competition with limited participation

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

Electronic two-stage competition

Reasons why you can hold a two-stage competition:

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

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

Closed procedures

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

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

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

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

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

• Ministry of Defense;
• Foreign Intelligence Service.

Electronic request for proposals

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

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

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

The grounds for a paper request for proposals are fully consistent with the criteria for conducting the procedure in electronic form, but with a small addition. Conduct a request for proposals in paper form it is possible if a repeated competition did not take place (part 4 of article 55 44-FZ).

An example of justifying the method of choosing a supplier

Law 44-FZ provides for several ways to conduct public procurement. Some are more popular and used as the main ones, while others are used much less frequently. But they all have their own characteristics, nuances and limitations in use, and this must be taken into account when choosing a purchase method. In the article we will talk about the most popular procurement methods and figure out which method to choose in a particular case.

Most popular purchasing methods

As practice shows, often applicable and popular methods of procurement are:

• electronic auction;
• purchases from a single supplier;
• request for quotations;
• open competition.

In addition, they are the most transparent, competitive and beneficial for the customer. In turn, closed procurement methods, a request for proposals, a tender with limited participation or a two-stage tender are permissible only in the cases established for them, if this does not contradict Law No. 44-FZ. However, when choosing a procurement method, the customer must focus not only on the popularity and availability of a particular method, its advantages or own wishes, but also on the restrictions and requirements indicated in Law No. 44-FZ. All of these methods impose certain requirements on the customer and the terms of the contract and are used in certain cases.

Please note that administrative liability is provided for choosing an illegal procurement method.

In what cases can you choose to purchase from a single supplier?

Purchasing from a single supplier is most convenient for customers if the contract price is insignificant. The customer can purchase from a single supplier any goods, works, services in the amount of not more than 100,000 rubles. True, in paragraph 4 of part 1 of Art. 93 there are a number of conditions and they should not be ignored.

The main advantages of the procurement procedure from a single supplier:

• it is possible to conclude a contract with a supplier known to the customer;
• no need to divert significant resources to the procedure for concluding a contract;
• minimal risks violations during the procurement procedure that are not dependent on the customer, for example, a technical failure on the electronic platform;
• shorter duration and simplicity of the procedure compared to competitive methods for determining the supplier.

At the same time, purchasing from a single supplier has several disadvantages:

• high risk of claims from inspectors. due to the fact that this method of procurement is associated with wide opportunities for abuse in spending budgetary funds and risks of collusion with the supplier;
• limited opportunities to reduce the price of the contract or provide the best conditions for its implementation due to the lack of competitive procedures for selecting a supplier.

The list of cases in which the customer can purchase from a single supplier is contained in Part 1 of Art. 93. In cases not specified in the list, the customer does not have the right to purchase goods (works, services) from a single supplier.

If the customer is not obliged to use any particular method, but procurement from a single supplier is not possible, then an open tender (Art. 48) or an electronic auction (Art. 59) is held. And in some cases, you can conduct a request for quotations (part 2 of article 72) or a request for proposals (part 2 of article 83).

Oksana Shipunova at the webinar " ” spoke about the features of purchasing from a single supplier.

Electronic auction

Maximum transparency and objectivity in the selection of the winner is the main reason for the popularity of electronic auctions.

Advantages of an electronic auction:

• minimal risk of claims regarding the procurement procedure: acceptance and registration of bids, return of bid security, storage of electronic documents, since these functions are provided by the operator of the electronic site.
• a small number of restrictions on the electronic auction. In this case, the probability of checking the correctness of the choice of the method for determining the supplier is reduced;
• the confidentiality of participants is preserved and, therefore, the likelihood of collusion or forgery is reduced;
• the opportunity to involve a specialized organization in the organization and conduct of an electronic auction.

However, the electronic auction has a number of disadvantages that also need to be taken into account:

• it is impossible to assess the quality of the supplied goods (works, services), since the applications of participants are evaluated only by price;
• longer procedure for determining the supplier compared to the request for quotations, request for proposals and purchase from a single supplier;
• the risk of delays and violations of the procedure for conducting an electronic auction due to technical failures on the electronic platform;
• the risk of claims against the customer due to possible errors during the procedure, as it is complex and multi-stage;
• it is impossible to allocate several lots, as is provided for during the competition and the closed auction.

The electronic auction format is used in two cases: when this method is expressly prescribed by the law, or when it is impossible to use other methods that are more convenient for the customer due to existing restrictions.

1) if procurement of goods, works, services included in the list approved by Decree of the Government of the Russian Federation No. 471-r dated March 21, 2016, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation, the customer is obliged to conduct an electronic auction.

2) the customer has the right to independently choose an electronic auction:

• if the law does not allow the purchase of goods (works, services) from a single supplier or by requesting quotations,
• if it is not necessary to evaluate the proposals of participants in terms of the quality of goods (qualifications of participants, work experience and other non-monetary criteria).

Quote request

Request for quotations is the most convenient way for the customer to determine the supplier (contractor, performer), regardless of the type of goods, works, services, if it is necessary to quickly carry out a purchase of a small value.

The request for quotations is also carried out to provide humanitarian assistance or to eliminate the consequences of natural or man-made emergencies.

Restrictions on the request for quotations by the customer are contained in Part 2 of Art. 72. But in some cases, the restrictions imposed by paragraph 2 of Art. 72 on the size of the NMC contract can be ignored (Art. 75 and Art. 76).

The request for quotations cannot be carried out in cases where the customer is obliged to use closed methods for determining the supplier (part 1 of article 84) or by holding a tender with limited participation (article 56). There are no other restrictions on the request for quotations.

The main advantages of the request for quotation procedure are:

• determination of the supplier is faster compared to the electronic auction and tender;
• minimal risks of claims arising from errors during the procedure, due to its accessibility, small amount of documentation and clear regulation of the procedure;
• minimal risks of violations beyond the control of the customer, for example, a technical failure on the electronic site;
• the ability to use other (non-monetary) criteria to evaluate bids in addition to the contract price criterion (parts 1.4, article 32).

Request for quotes has a number of disadvantages:

• high probability of checking for the legitimacy of the choice this method determination of the communication provider with the establishment in Part 2 of Art. 72 restrictions on the request for quotations;
• wider area of ​​responsibility of the customer compared to by electronic means determination of the supplier (reception and registration of applications, ensuring their safety and confidentiality, storage of documents);
• high risks of participation in the request for quotations by unscrupulous procurement participants due to the inability to establish the security of the application;
• inability to allocate lots when making a purchase.

An article about all the nuances of this procurement procedure

Open competition

Holding an open competition allows:

• obtain more information about potential suppliers, in particular, to find out not only the offered price, but also the qualifications of the supplier, possible guarantees, etc.
• transfer part of the functions of conducting an open tender to a third-party organization, which helps a lot with complex purchases.

Limited Entry Competition

An open tender with limited participation is possible in specific cases:

• When purchasing goods, works, services, the implementation of which is technologically complex due to their specific nature, and the sale of such goods, works, services can only be performed by specialists with the necessary level of qualification and training (Decree of the Government of the Russian Federation of November 28, 2013 No. 1089) ;
• When performing work:
  • To preserve cultural heritage sites;
  • For the restoration of museum collections of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and especially valuable and rare documents of library funds;
  • In which the contractor's (performer's) access to library, archival and museum accounting databases and security systems is required.

Two-stage competition

The customer has the right to conduct a two-stage tender, subject to two conditions:

1. the competition is held for the conclusion:
   • a contract for scientific research, design work (including architectural and construction design), experiments, surveys, for the supply of innovative and high-tech products;
   • energy service contract;
   • a contract for the creation of a work of literature or art, performance (as a result of intellectual activity);
2. to clarify the characteristics of the procurement object, it is necessary to discuss it with the procurement participants (part 2 of article 57).

Closed competition

A closed competition is considered a rather lengthy and complicated procedure, so it is not popular.

Closed methods for determining suppliers (contractors, performers) are used only in four cases:

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

2. procurement of goods, works, services constituting a state secret, provided that such information is contained in the procurement documentation;

3. conclusion of contracts:

• for insurance, transportation and protection of valuables of the State Fund for Precious Metals and Precious Stones of the Russian Federation,
• for insurance, transportation, protection of museum items and museum collections,
• for insurance of rare and valuable publications, manuscripts, archival documents (including their copies) of historical, artistic or other cultural significance;

4. procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs (part 2 of article 84).

Request for proposals

The main advantage of the request for proposals is more short time its holding than a competition. At the same time, an important drawback is the impossibility of canceling the conduct and making changes to the notice and documentation.

It is possible to organize a purchase by conducting a request for proposals:

1. when purchasing sports equipment and equipment, sports equipment, for the participation and training of sports teams of the Russian Federation in the Olympic and Paralympic Games (clause 2, part 2, article 83);
2. When concluding a contract with a foreign organization for the treatment of citizens of the Russian Federation outside the Russian Federation;
3. When purchasing by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation and other customers to ensure their activities outside the Russian Federation if the contract price does not exceed 15,000,000 rubles;
4. When purchasing goods, works, services in the event of termination of the contract in accordance with Part 9 of Art. 95 of Law No. 44-FZ;
5. When purchasing medicines for medical reasons of the patient (if there is a decision of the medical commission);
6. After the recognition of the repeated tender, the electronic auction as invalid;
7. When purchasing products of folk art crafts with registered samples (in accordance with the Decree of the Russian Federation of 18.01.2001 No. 35);
8. When purchasing services to protect the interests of the Russian Federation, carried out outside its borders with the involvement of experts and lawyers (in the case of filing claims against the Russian Federation in the judicial authorities of foreign states, international courts and arbitrations).

Webinars and training and advanced training programs at the School electronic trading:

• on bidding, where experts and practitioners share their experience in participating in procurement, comment on changes in legislation, the position of the Federal Antimonopoly Service and the courts.
• Improve your skills on the course "" for contract managers, specialists contract services and purchasing commissions. The program was developed on the basis of the requirements of the professional standard "Specialist in the field of procurement".

Organize purchases correctly the first time in the new service for customers under 44-FZ.

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