Since analogues of the purchased software are absent, then the price is determined by organizing the cost method regulated by Article 22 of 44-FZ.

• Justification of other terms of the contract. The delivery time of 3 days is determined based on the customer's needs. Since the program is implemented using the Internet, its delivery to the consumer will not require a significant investment of time.
• Date of document preparation, signature of the customer’s representative, stamp.
If the customer violates the procedure for submitting a report, he faces punishment. Regulatory authorities impose a fine in a specified amount. Drawing up such a report helps prevent the use of corruption schemes and unreasonable purchases from an affiliated supplier.

How to justify the chosen method of identifying a supplier

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

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

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

The point is that it is necessary to show on what basis a particular procedure was chosen, and that the decision complies with the requirements of the law. Bodies have been created to audit and control this function. During their inspection, the purchase may be recognized as unjustified. Initially, the obligation to justify the chosen method of identifying a supplier (contractor, performer) raised many questions among the organizers.
There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail. Criteria for choosing a procurement method The rationale for choosing a supplier is a consequence of the correct selection of the method of carrying out the procedure. Criteria for choosing a procurement method: In some cases, the method is based on the requirements established in 44-FZ.

Purchasing from a single supplier under 44-FZ

Purchasing from a single supplier under 44-FZ: what needs to be taken into account

In these cases, the contract manager is required to generate a report, which becomes an integral part of the contract. How to justify the choice of purchasing from a single supplier The customer is obliged to indicate in the report the reason why he chose this particular procurement method. The most commonly used justifications are:

• The selected company has no competitors.
• Urgency of procurement.
• It is inappropriate to supply goods or services from suppliers from other regions.
• Lack of interest from other market participants.
• Implementation of additional purchases.

The reason is written down in a separate document and endorsed only by the customer’s representative. An example of compiling a report There is no unified form for compiling such a report. Each organization develops it individually.

• Preparation for the tender

Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time he must provide a justification for the method of determining the supplier, electronic auction It will be this or another procedure - it doesn’t matter. Let's figure out how to do this correctly. Justification for choosing a purchase With the entry into force of the Procedure for Justification of Government Procurement (PP dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

In the form accompanying the schedule, columns No. 8 and 9 are introduced, in which the customer includes, respectively, information about the method of determining the supplier (contractor, performer) and the reasons for this choice. Download The need to justify is provided for in Art. 18 of the Law on contract system(44-FZ).
It is necessary to demand guarantees of proper performance of the contract if the order is placed again - after termination with an unscrupulous contractor. Purchase from a single supplier The application is accepted and considered without any guarantees from the potential counterparty. Contract security is not required in the following situations:

• acquisition of valuables in the amount of up to 100,000 rubles;
• concluding an agreement with educational and cultural organizations within the limit of 400,000 rubles;
• cooperation with public utilities.

The full list is listed in Article 96 of Law 44-FZ.
The comparative characteristics were carried out according to the main criteria. Additionally, you can evaluate the methods for selecting a supplier based on the rules for evaluating applications, the procedure for concluding a contract, or the principles for determining the winner.

The list given in the law is not subject to broad interpretation. Purchasing from a single supplier The method is used when collaborating with natural monopolies or performing mobilization work. An agreement within the framework of Article 93 of Law 44-FZ is concluded in the presence of a corresponding order of the Government, the President or another authorized body of Russia.

• development of small amounts - up to 100,000 rubles;
• performance of specific work, the right to perform which is granted to a specific person or organization;
• purchasing tickets for cultural, entertainment and theatrical associations;
• other.

The list of the article includes 46 items. Timing of the procurement procedure Another important criterion comparative characteristics became time frames. Deadlines are calculated in calendar days.
Request for Proposals The customer accepts and justifies the decision to conduct a request for proposals in situations where a contract (agreement) is concluded for:

• services for protecting the interests of the Russian Federation in the judicial authorities of foreign states, international courts and arbitration;
• supplies for the preparation of national teams in Olympic and Paralympic sports;
• order after the customer has made a decision to unilaterally refuse to fulfill the contract;
• ordering medications according to the decision of the medical commission;
• ordering folk art products,

as well as after a repeated tender or electronic auction is declared invalid for certain reasons.

The procurement procedure from one supplier (performer, contractor) must have a justification regarding the impossibility (inexpediency) of using other methods of purchasing goods, services or products. This procedure is enshrined in law (Part 3 of Article 93 of Law No. 44-FZ), and obliges the buyer, even before concluding a supply (service) agreement, to draw up a reporting document that would justify the inability to use several methods for selecting a supplier. In this case, the report should indicate the subject of the purchase with an explanation of the terms of the agreement, as well as the total cost of the contract.

• links to legislation, rules and regulations;
• links to by-laws, instructions, regulations and orders governing such procedures;
• financial and economic aspects of the process, with an analytical description of financial mechanisms;
• significant savings in government (budget) funds when using the procurement method from a single supplier;
• advantages of the intended counterparty and favorable terms of the contract when this method purchasing goods or services.

The main justifications for using the procurement procedure from one supplier may be the following:

• time limits for procurement, when long-term processes are unprofitable and impractical, and will lead to budget overruns;
• lack of profitability. The supplier may not be interested in low cost, the level of which is below the technically and economically justified limit;
• offer from the only manufacturer goods, services, since competition on this type there is no item to be purchased. Such suppliers may include monopolists, copyright and intellectual property rights holders, government bodies and so on.;
• lack of interest among potential bidders. Confirmation of this fact can be written responses to the customer during similar procurement procedures;
• type of sale that is presented in a single case. Such sales methods include selling goods at prices significantly lower than market prices for similar products. At the same time, the implementation time frame is significantly limited;
• time limit of not carrying out the procedure due to the need to use the subject of procurement. The point is that a product or service is of particular importance for ensuring the normal (uninterrupted) operation of an enterprise in order to fulfill government or strategic tasks, or important processes related to the life of society (social, medical care, etc.). Such activities cannot be made dependent on the procurement process and results;
• the purchase of additional equipment, products, components or services can be carried out only from one supplier, as it relates to a product previously purchased from him. For example, modernization of equipment purchased several years ago or lines for the production of a certain type of product.

Examples of justification

The customer should pay Special attention to draw up a report justifying the procurement procedure from one supplier, and take into account all the nuances and features of the situation. The approximate contents of the document are given below, in several versions.

Rationale for visiting museums, art salons, and permanent exhibitions:

• a unique collection of works of art, historically diverse valuable exhibits, a review of which will allow the audience to achieve the ultimate goal set by the training program;
• competitive bidding is impractical due to the lack of savings in time and money, and the small purchase amount;
• lack of competitors in this market segment, impossibility of purchasing similar services from another supplier;
• lack of interest on the part of the contractor in reducing the cost of the subject of the contract. As a rule, museum institutions have approved price lists, the change of which is not possible within the framework of the contract;
• market research for similar services showed that purchasing from this supplier represents the only favorable terms of purchase that combine the cost and quality of the item being purchased.

Justification for organizing and conducting advanced training courses professional level, qualifications in a limited time interval:

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

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

• In order to organize the uninterrupted operation of an enterprise performing state tasks (to meet municipal needs), an urgent need arose to purchase the subject of purchase (food, medicine), with the condition of holding tenders in a short time.

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

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At the same time, the annual volume of such purchases should not exceed 50% of the total annual volume of purchases of the customer and should not amount to more than 20 million rubles. (clause 5); 4) provision of services for water supply, sewerage, heat supply, gas supply (with the exception of sales services liquefied gas), for connection (attachment) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation (clause 8); 5) conclusion of an energy supply agreement or a purchase and sale agreement electrical energy with a guaranteeing supplier of electrical energy (clause 29); 6) purchase certain goods, works, services due to an accident, other emergency situations of a natural or man-made nature, force majeure, in the event of a need to provide emergency medical care or to provide emergency medical care (clauses

Purchasing from a single supplier

That is why cases of using this procurement method are clearly regulated by Federal Law N 44-FZ. Their closed list is given in paragraph 1 of Art. 93 of this law. ──────────────────────────────────────── ────────── ───────────────────────*(1) Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services for meeting state and municipal needs." L. Lartseva, expert of the journal “Educational Institutions: Accounting and Taxation” Journal “Educational Institutions: Accounting and Taxation”, N 8, August 2015
Tags: 44-FZ, purchase, supplier Previous entryPurchasing specialist Next entryProcurement legislation: implementation problems and prospects for improvement We are very grateful for your comments.

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

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

How to justify the chosen method of identifying a supplier

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

How to justify the price when purchasing from a single supplier

N 147-FZ “On natural monopolies"; 3) carrying out work on mobilization preparation in Russian Federation; 10) production of goods, performance of work, provision of services is carried out by an institution and enterprise of the penal system in accordance with the list of goods, works, services approved by the Government of the Russian Federation; 14) concluding a contract to visit a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event; 17) conclusion of a contract for the provision of sales services entrance tickets and subscriptions for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - forms strict reporting; Justification for purchasing from a single supplier and the contract price with him The exception is cases when justification for the choice of procurement method is not required.

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

Such clarifications are provided in letters of the Ministry of Economic Development of the Russian Federation dated 02/26/2015 N D28i-394, dated 08/05/2014 N 18505-EE/D28i. Taking into account the indicated clarifications, the purchase of household goods in an amount not exceeding 100,000 rubles through accountable persons is carried out without bidding, that is, by purchasing from a single supplier on the basis of paragraphs. 4 paragraphs 1 art. 93 of Federal Law N 44-FZ. Can government educational institutions purchasing from a single supplier on the basis of paragraphs. 5 p. 1 art. 93 of Federal Law No. 44-FZ in the amount of up to 400,000 rubles, simultaneously apply paragraphs. 4 paragraphs 1 art. 93 of Federal Law N 44-FZ when making another purchase from a single supplier in the amount of up to 100,000 rubles? Based on paragraphs. 5 p. 1 art. 93 of Federal Law N 44-FZ to carry out purchases from a single supplier in the amount of up to 400,000 rubles.

• Preparation for the tender

Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time, he must provide a justification for the method of determining the supplier, whether it will be an electronic auction or another procedure - it does not matter. Let's figure out how to do this correctly. Justification for choosing a purchase With the entry into force of the Procedure for Justification of Government Procurement (PP dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

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

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

Differences in shape, size and color are minor and of no fundamental importance. Homogeneous goods are those that are not identical, but have similar characteristics and consist of similar components, as a result of which they can perform the same functions. When determining uniformity, consideration should be given to the quality of the goods, market reputation and country of origin.

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

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

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

Attention

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

Hello, dear colleague! In today's article we will look at this interesting topic, as a justification for procurement within the framework of 44-FZ. Let's talk in detail about what a procurement justification is, by whom and in what time frame it is prepared, as well as what information it should contain. The material in the article is intended primarily for representatives of Customers, and will also be useful for informational purposes to suppliers.

1. What is a procurement rationale?

Justification for purchase (Rationale) - a document that is an annex to the procurement plan and procurement schedule.

The purchase justification is carried out by the Customer at the planning stage. Article 18 of 44-FZ came into force on January 1, 2016, therefore Customers must form the first OZ in the form of annexes to the procurement plan for 2017-2019. and schedule for 2017.

3. Justification for creating a schedule

According to Part 3 of Article 18 of 44-FZ, when forming a schedule, the following are subject to justification:

2) the method of determining the supplier (contractor, performer) in accordance with Chapter 3 of 44-FZ;

3) additional requirements for procurement participants.

I also recommend that you watch a video review of the new procurement justification service - “Justify!” . This service will be useful to both Customers and suppliers.

4. Time frame for preparing the procurement justification

The deadlines for the preparation of OPs for federal Customers are established by the Government of the Russian Federation, for Customers of a constituent entity of the Russian Federation - by the highest executive body state power subject of the Russian Federation, and for municipal Customers - by the local administration.

5. Assessing the validity of procurement

According to part 4. Article 18 44-FZ assessment of the validity of procurement is carried out during monitoring, audit and control in the field of procurement.

Based on the results of audit and control in the field of procurement, a specific purchase may be recognized as unfounded.

If the planned purchase is recognized as unfounded, the control authorities specified in clause 3, part 1, article 99 44-FZ ( Note: these are internal state (municipal) bodies financial control), issue orders to eliminate identified violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement and bring to administrative responsibility persons guilty of violations of the requirements of 44-FZ, in the manner established by the Code of the Russian Federation on Administrative Offenses.

This concludes my short article. I hope that the above material was useful to you. I wish you good luck and see you in the next issues.

P.S.: Like and share links to the article with your friends and colleagues on social networks.

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 - procurement plans and schedules - in the Unified Information System. Along with them, the rationale for the chosen method of determining the supplier for each order must be placed.

By current legislation, the customer organization must document the reason why one or another method of determining the contractor was chosen, that is, justify the choice. This is stated in Article 18 44-FZ. A justification for the method of determining a supplier for an electronic auction, for open and closed competitive procedures in paper and in in electronic format, to requests for quotes and proposals, that is, to all competitive procedures. If the customer plans to enter into an agreement with a single supplier, then a document is drawn up that not only justifies the choice, but also confirms the impossibility of conducting public procurement in another way.

What does the rationale for choosing a supplier look like?

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

Documents justifying procurement are drawn up separately for the procurement plan and schedule. Additionally, explanations on the method of carrying out the order are made in the table accompanying the schedule, in columns 8 and 9 of which the customer 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 unfounded, which will lead to the cancellation of the purchase and the annulment of its results.

The procedure for justifying the method of identifying a supplier has been published on the website of the Government Expert Council. An appendix to this order is the recommended form for justification.

What influences the way a supplier is determined

The choice of how the order will be carried out must be justified 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;
• standards of the law on the Federal contract system.

How to justify the choice of method for identifying a supplier depending on the procedure

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

• ensuring the customer’s activities abroad (Article 75, 111.1);
• provision of emergency, emergency medical care (Article 76);
• providing humanitarian assistance, eliminating the consequences of natural and man-made emergency situations (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 need to 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 bidding, it is necessary to prepare a justification for the chosen method of determining the supplier for the electronic auction. For goods, works and services that are included in the List approved by Government Order No. 471-r dated March 21, 2016, the justification for the choice will be precisely the fact that the subject of purchase is included in the auction list.

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

Request for quotation in electronic form

In 2020, the customer organization can conduct an electronic request for quotation. Orders by requesting quotations for the reporting year cannot exceed RUB 100 million. and 10% of (part 2 of article 82.1, part 45 of article 112 44-FZ).

To justify the chosen method of determining a supplier for a request for quotation, you need to consider:

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

Electronic open competition

If, during a tender, the customer’s procurement commission, when selecting a winner, is guided by quality indicators and best conditions supply and assembly of goods, works, services, then such GWS must be purchased through an open tender. These criteria are specified in the justification document.

Electronic competition with limited participation

All grounds for conducting competitive procedures with limited participation are indicated in the List of GWS of technical or technological complexity, innovative, high-tech or specialized nature (RF RF No. 99 dated 02/04/2015). If the item you ordered is not included, you cannot purchase this way.

Electronic two-stage competition

Reasons for holding a two-stage competition:

• the procedure is necessary for the procurement of scientific 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 subject of the order.

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

Closed procedures

The grounds for holding closed auctions are the same and do not depend on the form in which they are conducted: paper or electronic (Part 2 of Article 84.1 of 44-FZ). The procedure for conducting closed procurement 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 (Article 84 44-FZ).

But there are a number of closed orders that do not need to be approved by the FAS. Such procurements include tenders of federal executive authorities, their subordinate organizations and state unitary enterprises carried out for the purpose of implementing 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 of 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:

• recognition of the electronic auction as invalid (Part 4 of Article 71 44-FZ) and electronic competitive procedures ( open competition, two-stage competition, competition with limited participation - part 4 of Art. 55.1 44-FZ);
• purchase 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 medications prescribed by decision of a medical commission;
• public procurement of services to protect the interests of the Russian Federation in the judicial authorities of other countries, international courts and arbitration;
• purchasing handicrafts;
• bidding carried out after the customer makes a decision to unilaterally refuse to fulfill the contract.

Request for proposals, which is carried out under clause 7, part 2, art. 83, clause 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 fully comply with the criteria for conducting the procedure in electronic form, but with a small addition. It is possible to conduct a request for proposals in paper form if a repeat competition has not taken place (Part 4 of Article 55 of the 44-FZ).

An example of justification for selecting a supplier