Justification of the chosen method of determining the supplier tender. Justification of the chosen method of determining the supplier when purchasing water from a single supplier. Rationale for the formation of the schedule

What is the rationale for choosing a supplier based on

Every year, before the start of a new reporting period, customers are required to publish in the United information system planning documentation - procurement plans and schedules. Together with them in mandatory the rationale for the chosen method of determining the supplier for each order is also posted.

According to the current legislation, the contracting organization must documentarily show why one or another method of determining the contractor was chosen, that is, to justify the choice. This is stated in article 18 44-FZ. The rationale for the method of determining the supplier for electronic auction, for open and closed competitive procedures in paper and in in electronic format, for requests for quotations and proposals, that is, for 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 conducting the public procurement in another way.

What the rationale for choosing a supplier looks 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 out.

Documents justifying purchases are drawn up separately for the procurement plan and the schedule. In addition, explanations on the method of ordering 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 cancellation 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. The appendix to this order is the recommended form for justification.

What influences the way a supplier is identified

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;
• regulations of the law on the Federal contract system.

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

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

• ensuring the activities of the customer abroad (Art. 75, 111.1);
• providing emergency, urgent ambulance medical care(Art. 76);
• provision of humanitarian assistance, liquidation of the consequences of natural, man-made emergencies (Articles 80, 82);
• closed procedures (Art. 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 for 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 tenders, it is required to prepare a justification for the chosen method of 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 of 03/21/2016, the justification for the choice will be precisely the fact that the subject of the procurement 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 quotations in electronic form

In 2020, the client organization may conduct electronic request quotes. 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 the supplier for the request for quotations, you need to take into account:

• whether purchased goods, works, services are included or not included in the List of Products for the Provision of Humanitarian Aid or Emergency Response (RP No. 1765-r dated 09/30/2013);
• TRU are included in the auction list with the condition of a limited amount per order;
• the initial (maximum) contract price is calculated and set within 500,000.00 rubles.

Electronic open competition

If, when holding 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 assembly of goods, works, services, then such GWS should 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 in nature (RF Resolution No. 99 of 02/04/2015). If the subject of the order is not in it, you cannot purchase in this way.

Electronic two-stage competition

Reasons why you can run a two-stage competition:

• the procedure is necessary for the purchase of research works, projects, research, research 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 of the subject of the order.

For the justification and subsequent holding of a two-stage tender, both of these conditions must be met.

Closed procedures

The grounds for holding a closed auction are the same and do not depend on the form in which they are conducted: 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 Federal Antimonopoly Service. 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.

The 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 Federal Law 44:

• invalidation of an electronic auction (part 4 of Art. 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 the training of national teams in Olympic and Paralympic sports;
• purchase of medicines prescribed by the decision of the 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;
• purchase of handicrafts;
• tenders carried out after the customer has made a decision to unilaterally refuse to execute the contract.

Request for proposals, which is carried out in accordance with clause 7, h. 2, Art. 83, paragraph 3, part 2 of Art. 83.1 44-FZ, must be substantiated by the decision of the medical commission.

The grounds for the paper request for proposals fully comply with the criteria for conducting the procedure in electronic form, but with a slight addition. It is possible to conduct a request for proposals in paper form, if a repeated tender did not take place (part 4 of article 55 44-FZ).

An example of justifying the method for selecting a supplier

With the commencement of the Procedure for Substantiating Public Procurements (PP dated 05.06.2015 No. 555), two new mandatory forms have appeared when filling out the procurement plan and schedule. Columns 8 and 9 have been introduced in the form accompanying the schedule, in which the customer includes information on the method for determining the supplier (contractor, performer) and the reasons for this choice.

The need to substantiate is provided for by Art. 18 of the Law on the Contract System (44-FZ). The bottom line is that it is necessary to show on what basis this or that procedure was chosen, and that the decision complies with the requirement of the law. Bodies have been created to audit and oversee this function. In the course of their verification, the purchase may be recognized as unjustified.

Initially, the obligation to justify the chosen method of determining the supplier (contractor, performer) aroused many questions from 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 choice of the method of carrying out the procedure.

Criteria for choosing a procurement method:

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

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

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

A wide range of cases has been established when a customer can conduct an electronic auction. Without fail, such a procedure is carried out when:

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

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

Open competition

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

Limited Participation Competition

Two-stage competition

At the same time, they fall into exceptions and do not agree with the FAS procurement federal bodies executive power, which draw up and implement the state policy in the field of defense, management and security, as well as their subordinate state institutions and state unitary enterprises. The list of such bodies, institutions and enterprises must be approved by a separate Government Decree.

Electronic Closed Bidding

In accordance with Part 2 of Art. 84.1, closed electronic procedures apply in cases that are similar to paper-based closed auctions. At the same time, the same article states that the government may oblige to conduct procurement in the form of a closed electronic tender.

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

Normative base

According to Art. 18 of Law 44-FZ, the procedure and form of justification are established by the government. Interested parties can find the relevant regulations and forms in the decree executive body dated 05.06.2015 N 555.

The legislation requires you to justify the order twice - when drawing up the plan and when approving the schedule. Since the object of the procurement is, according to 44-FZ, any goods, works and services purchased to meet municipal, regional or state needs, it is necessary to "confirm" the conformity of each purchase. If the plan and schedule change, the corresponding changes are made in the reports with justifications.

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

Justification in the procurement plan

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

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

• identification code and the subject of the purchase itself;
• the name of the state or municipal program and a specific event from it, for the implementation of which it is necessary to conclude a contract;
• compliance of the procurement with the objectives listed in Art. 13 of Law 44-FZ;
• links to regulations that establish special requirements for the purchased goods, works or services, or an indication of their absence.

The customer is not required to provide a complete description of the procurement object under 44-FZ. An example is a plan placed in the EIS, in which the MDOU Kindergarten of the combined type "Lada" from the Moscow region explains the need to purchase household goods.

In chapter " General information positions "posted information about identification code purchases and the name of the goods.

The section "Purpose and Rationale" indicates why the administration of the kindergarten purchases household goods.

If you translate this information into a tabular form in a form approved by the government, you get the following:

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

Explanations in the schedule

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

It has 10 columns, the first three of which are filled in by analogy with the previous form. In addition, the customer must indicate:

• the starting price of the contract and its justification;
• method for determining and justifying prices;
• the way the supplier was identified and the reason for it;
• grounds for putting forward additional requirements for participants.

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

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

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

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

The maximum rules and guidelines are addressed to the organizers of the open competition and auction. Amount and procedure for provision of security by the third criterion comparative characteristics became a system of guarantees. The lawyers analyzed the requirements for securing applications and contracts. Open competition When submitting an application, the participant must pay a deposit or provide a bank guarantee in the amount of 0.5 to 5% of the initial order value. Persons classified by law in the preferential categories have the right to limit themselves to security in 2% (Art. 44 of Law 44-FZ). The contract performance guarantee is set in the range from 5 to 30%. A decrease in the NMC by ¼ or more in the course of trading is the basis for an increase in collateral by 1.5 times. At the same time, the law provides for increased rates when concluding agreements with a large advance payment or a fee exceeding 30 million rubles.

How to justify the chosen method of determining the supplier

Can be carried out in the event:

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

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

Article 24. ways of determining suppliers (contractors, executors)

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Purchase from a single supplier under 44-fz

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Open tender It is necessary to place information in the unified information system 20 days before the actual opening of the envelopes (access to applications on the virtual trading platform). Any adjustments must be made 5 days before moving on to the next stage. At the same time, it is impossible to make changes to the purchase volume or the amount of collateral.

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

The organizers of the auction are obliged to comply with the prohibition on changing the volume of purchases, as well as increasing the security. Request for quotations The customer should be guided by the standard weekly period. However, in some cases, the period is shortened to 4 days.

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

Attention

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

At the same time, the annual volume of such purchases should not exceed 50% of the customer's total annual purchases and should not exceed 20 million rubles. (p. 5); 4) provision of services for water supply, sewerage, heat supply, gas supply (excluding 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 (p. 8); 5) the conclusion of an energy supply agreement or a contract for the sale and purchase of electrical energy with a guaranteeing supplier of electrical energy (p. 29); 6) the purchase of certain goods, works, services due to an accident, other emergencies of a natural or man-made nature, irresistible force, in the event of a need for emergency medical care or emergency medical care (p.

Purchasing from a single supplier

That is why the cases of using this method of procurement are clearly regulated by Federal Law N 44-FZ. Their closed list is given in clause 1 of Art. 93 of this law. ───────────────────────────────────────────────── ─────────────────────── * (1) Federal Law of 05.04.2013 N 44-FZ "On the contract system in the procurement of goods, works, services for ensuring state and municipal needs ”. L. Lartseva, expert of the journal "Educational institutions: accounting and taxation" Magazine "Educational institutions: accounting and taxation", N 8, August 2015
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Justification of the purchase from a single supplier and the price of the contract with him

Federal Law No. 44-FZ. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) was approved by Order of the Ministry of Economic Development of the Russian Federation of 03/31/2015 No. 189 (hereinafter - Order No. 189). Clause 3 of Procedure No. by the sole supplier, the appeal should be sent: 1) in order to meet federal needs - to the FAS RF; 2) in order to meet the needs of the constituent entity of the Russian Federation - to the executive authority of the constituent entity of the Russian Federation, authorized to exercise control over procurement; 3) in order to ensure municipal needs - to the local self-government body of the municipal district or the local self-government body of the city district, authorized to exercise control in the field of procurement, and such an appeal must contain the following information and attached documents (p.

How to justify the chosen method of determining the supplier

But even the smallest purchases require a price justification. We will talk about how to do this correctly in this article. What regulations should be followed when justifying the price? First of all, you need to pay attention to Art.

How to justify a price when purchasing from a single supplier

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

How to Prepare a Procurement Rationale Report from a Single Supplier

Such explanations are given in the letters of the Ministry of Economic Development of the Russian Federation dated 02.26.2015 N D28i-394, dated 05.08.2014 N 18505-EE / D28i. Taking into account the indicated explanations, the purchase of household goods for 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 p. 1 of Art. 93 of Federal Law N 44-FZ. Can state educational institutions making purchases from a single supplier on the basis of paragraphs. 5 p. 1 of Art. 93 of the Federal Law N 44-FZ in the amount of up to 400,000 rubles., At the same time apply paragraphs. 4 p. 1 of Art. 93 of the Federal Law N 44-FZ when making another purchase from a single supplier for the amount of up to 100,000 rubles? 5 p. 1 of 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: Yudina Olga July 27, 2017 The customer chooses by himself what method to carry out the public procurement. But at the same time, he must provide a justification for the method of determining the supplier, it will be an electronic auction or another procedure - it does not matter. Let's figure out how to do it correctly. Justification when choosing a procurement With the beginning of the Procedure for Justifying Public Procurements (PP dated 05.06.2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

Columns 8 and 9 have been introduced in the schedule-accompanying form, in which the customer includes, respectively, information on the method for determining the supplier (contractor, executor) and the reasons for this choice. Download The need to substantiate is provided for by Art. 18 of the Law on the Contract System (44-FZ).

What products are considered identical and similar? 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 insignificant and not of fundamental importance. Homogeneous goods are goods 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 homogeneity, the quality of the goods, market reputation and country of origin should be taken into account.

Example 2: Two homogeneous changing lockers are similar in the following criteria: country of origin, 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 relevant procurement participant, or the contract price proposed by the relevant procurement participant during an electronic auction (subparagraph 25 of clause 1 of article 93 of Federal Law No. 44- FZ); c) the funds contributed as security for the application must be returned to the participant of the tender or closed auction, if the supervisory authority in the field of procurement refuses to agree on the conclusion of a contract with a single supplier (clause 7, clause 6, article 44 of Federal Law No. 44-FZ). A notice on the implementation of a purchase from a single supplier (contractor, performer) is placed by the customer in the EIS only in certain cases, provided for in paragraphs. 1-3, 6-8, 11-14, 16-19 p. 1 of Art.
A list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized in nature (approved by the Resolution No. 99 of 04.02.2015). Two-stage competition The organizer makes a decision to hold a two-stage competition while observing the conditions (they will also serve as a justification):

• the competition is organized for 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 for a discussion to clarify the characteristics of the procurement object.

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

Attention

This sub-clause, in particular, provides that, in contrast to the general procurement procedure from a single supplier, in these cases, the customer must agree on the conclusion of a contract with the authority authorized to exercise control in the field of procurement. performer) is sent no later than ten days from the date of posting in the unified information system (EIS) of the relevant protocols containing information on the recognition of 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 application. A contract with a single supplier is concluded for a period of: a) no more than 20 days from the date of receipt by the customer of such approval or in the cases provided for in cl.