Direct contracts under 44 FZ. Justification for a small purchase

Drafted revisions of the document with changes that have not entered into force

Federal Law of 05.04.2013 N 44-FZ (as amended on 27.06.2019) "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (as amended and supplemented, entered into force on 07/08/2019)

4) procurement of goods, work or services for an amount not exceeding three hundred thousand rubles. At the same time, the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph should not exceed two million rubles or should not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles. The specified restrictions on the annual volume of purchases, which the customer has the right to carry out on the basis of this paragraph, do not apply to purchases made by customers to meet the municipal needs of rural settlements. When making purchases in accordance with this paragraph, customers operating in a foreign state are not subject to restrictions in terms of establishing a contract price that does not exceed three hundred thousand rubles. In relation to the federal executive body carrying out purchases to meet the federal needs of state bodies formed to ensure the activities of the President of the Russian Federation, the Government of the Russian Federation, the calculation of the specified restrictions on the annual volume of purchases, which the customer is entitled to carry out on the basis of this paragraph, is made separately for such a federal body the executive branch and each such state body;

ConsultantPlus: note.

From 01.07.2018, customers have the right to make purchases in accordance with paragraph 5 of part 1 of Art. 93 using a single trade aggregator - an information resource (Order of the Government of the Russian Federation of 28.04.2018 N 824-r).

5) procurement of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and popularization of cultural heritage sites, as well as by other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden , national park, natural park, landscape park, theater, concert institution, television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive), state or municipal educational organization, state or municipal scientific organization, an organization for orphans and children left without parental care, in which orphans and children left without parental care are placed under supervision, a physical culture and sports organization for an amount not exceeding four hundred thousand rubles. At the same time, the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph should not exceed fifty percent of the total annual volume of purchases of the customer and should not be more than twenty million rubles;

(see text in previous edition)

6) the procurement of work or services, the execution or provision of which can only be carried out by an executive authority in accordance with its powers or by a state institution subordinate to it, a state unitary enterprise, the corresponding 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 constituent entity of the Russian Federation;

(see text in previous edition)

7) the conclusion of a contract for the supply of Russian weapons and military equipment that have no Russian analogues and which are produced by a single manufacturer, with a supplier of such weapons and military equipment included in the register of the only suppliers of such weapons and military equipment. The procedure for maintaining the register of the only suppliers of such weapons and military equipment, and the procedure for determining their prices are established by the Government of the Russian Federation. The state contract for the supply of such weapons and military equipment is concluded at a price determined in accordance with the specified procedure for its formation;

8) provision of services for water supply, sewerage, heat supply, solid waste management, gas supply (except for 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 ), on storage and import (export) of narcotic drugs and psychotropic substances;

(see text in previous edition)

9) procurement of certain goods, works, services as a result of an accident, other emergencies of a natural or man-made nature, force majeure, in case of the need for emergency medical care or emergency medical care (provided that such goods, works, services are not included in the list of goods, works, services required for the provision of humanitarian aid or liquidation of the consequences of natural or man-made emergencies approved by the Government of the Russian Federation) and the use of other methods of determining a supplier (contractor, performer) that requires time is inappropriate. The customer has the right to conclude, in accordance with this paragraph, a contract for the supply of goods, performance of work or provision of services, respectively, in the amount and volume that are necessary to eliminate the consequences arising from an accident, other emergencies of a natural or man-made nature, force majeure, or to provide medical assistance in an emergency form or in urgent form, including in the cases provided for in parts 7 and 12 of Article 82

(see text in previous edition)

10) supply of cultural values \u200b\u200b(including museum items and museum collections, rare and valuable publications, manuscripts, archival documents (including copies) of historical, artistic or other cultural significance) intended to replenish state museum, library, archival funds , film, photographic fund and similar funds;

11) 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;

12) the conclusion by the institution executing punishment of a contract for the supply of goods for state needs when the said institution acquires raw materials, materials, components for the production of goods, the performance of work, the provision of services for the purpose of employment of convicts on the basis of contracts concluded with legal entities, provided that that the acquisition by the specified institution of such raw materials, materials, components is carried out at the expense of the funds provided for by these contracts;

13) purchase of works of literature and art of certain authors (except for the acquisition of film projects for rental purposes), performances of specific performers, phonograms of specific manufacturers for the needs of customers in the event that the sole person owns exclusive rights or exclusive licenses for such works, performances, phonograms;

14) the purchase of printed publications or electronic publications (including the software and hardware tools and information security tools used in them) of certain authors from the publishers of such publications in the event that the said publishers own exclusive rights or exclusive licenses to use such publications, as well as the provision of services for providing access to such electronic publications to ensure the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;

(see text in previous edition)

15) concluding a contract for visiting a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event;

16) conclusion of a contract for the provision of services for participation in an event held for the needs of several customers, with a supplier (contractor, performer), which is determined by the customer who is the organizer of such an event, in the manner prescribed by this Federal Law;

17) the conclusion of a contract by a theater, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir, orchestra, ensemble), a television and radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture, a club, an educational institution, a zoo , planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park or landscape park with a specific natural person to create a work of literature or art, or with a specific natural person or a specific legal entity carrying out concert or theater activities, including including a concert ensemble (dance ensemble, choir ensemble, orchestra, ensemble), for performance, or with an individual or a legal entity for the manufacture and supply of decorations, stage furniture, stage costumes (including hats and shoes) and decorations necessary for creating s and costumes of materials, as well as theatrical props, props, make-up, post-work items, theatrical puppets necessary for the creation and (or) performance of works by these organizations;

18) the 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;

19) the conclusion of a contract for the provision of services for the implementation of author's control over the development of design documentation for a capital construction object, for conducting designer supervision of construction, reconstruction, overhaul of a capital construction object by the relevant authors, for conducting technical and designer supervision over the implementation of works to preserve a cultural heritage object ( monuments of history and culture) of the peoples of the Russian Federation by the authors of projects;

20) conclusion of contracts for the provision of services related to the provision of visits by heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (in including to provide simultaneous translation), provision of food);

(see text in previous edition)

21) the conclusion of contracts for the supply of goods, the performance of work, the provision of services to ensure the operation of objects of state protection, including the provision of field events held by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation (household, hotel, transport services, operation computer equipment, office equipment, sound engineering equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);

(see text in previous edition)

22) conclusion of a management contract for an apartment building on the basis of a decision of the general meeting of owners of premises in an apartment building or an open tender held by a local government body in accordance with housing legislation, a management company, if the premises in an apartment building are in private, state or municipal ownership;

23) concluding a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for free use or operational management to the customer, services for water, heat, gas and energy supply, security services, services for the removal of household waste in the event if these services are provided to another person or other persons using non-residential premises located in the building in which the premises are located, transferred to the customer for free use or operational management;

(see text in previous edition)

24) recognition of the definition of a supplier (contractor, performer) in a closed manner invalid and the customer's decision to conclude a contract with a single supplier (contractor, performer) in accordance with the provisions of Article 92 of this Federal Law in agreement with the federal body authorized by the Government of the Russian Federation to exercise these functions executive power. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price. Such price must not exceed the initial (maximum) contract price or the contract price proposed in the bid of the relevant procurement participant. The customer's application for agreeing on the conclusion of a contract with a single supplier (contractor, performer) is sent to the specified federal executive body no later than ten days from the date of signing the relevant protocols containing information on recognizing the determination of the supplier (contractor, performer) in a closed manner as invalid ... In this case, the approval period should not be more than ten working days from the date of receipt of the application for approval of the conclusion of a contract with a single supplier (contractor, performer). A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date the customer receives the approval. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contractual system in the field of procurement;

(see text in previous edition)

25) invalidation of an open tender, a tender with limited participation, a two-stage tender, a re-tender, a request for quotations, a request for proposals in accordance with parts 1 and 7 of Article 55, parts 1 and 3 of Article 79, parts 18 and 19 of Article 83, and part 27 of Article 83.1 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively. a federal executive body authorized to exercise control in the field of procurement, or a control body in the field of state defense orders, an executive body of a constituent entity of the Russian Federation, a local self-government body of a municipal district or a local self-government body of an urban district authorized to exercise control in the field of procurement. In accordance with this clause, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price. Such price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant. The customer's application for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the procurement control body no later than ten days from the date of posting in the unified information system of the relevant protocols containing information on the recognition of the supplier's (contractor, performer ) failed. In this case, the approval period should not be more than ten working days from the date of receipt of the specified application. A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for in parts 4 and 5 of Article 15 of this Federal Law, within a period of not more than twenty days from the date of placement in a unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid, or in the cases provided for by Parts 1 and 3 of Article 79 of this Federal Law, within the time limits established by Part 13 of Article 78 of this Federal Law. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contractual system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded, either at the price per unit of goods, work, services calculated in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price in accordance with this paragraph, is equated to the winner determination of the supplier (contractor, executor);

(see text in previous edition)

25.1) invalidation of an open competition in electronic form, a competition with limited participation in electronic form, a two-stage competition in electronic form, an electronic auction in accordance with Parts 1 and 5 of Article 55.1, Parts 1 - 3.1 of Article 71, Part 2.1 of Article 83.2, Article 83.2

(see text in previous edition)

25.2) invalidation of the request for quotations in electronic form in accordance with Part 3 of Article 82.6 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the conditions provided for by the notice of the procurement, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause shall be equated to the winner in determining the supplier (contractor, executor);

(see text in previous edition)

25.3) invalidation of the request for proposals in electronic form in accordance with Part 26 of Article 83.1 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause shall be equated to the winner in determining the supplier (contractor, executor);

(see text in previous edition)

26) concluding a contract for the provision of services related to sending an employee on a business trip, as well as participating in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events. At the same time, such services include ensuring travel to the place of business trip, the place of holding these events and back, renting a living space, transport services, providing food;

(see text in previous edition)

ConsultantPlus: note.

From 01.07.2018, customers have the right to make purchases in accordance with clause 28, part 1 of Art. 93 using a single trade aggregator - an information resource (Order of the Government of the Russian Federation of 28.04.2018 N 824-r)

28) the procurement of medicinal products that are intended to be prescribed to a patient in the presence of medical indications (individual intolerance, for health reasons) by the decision of the medical commission, which is reflected in the patient's medical documents and the journal of the medical commission. The customer has the right to conclude a contract for the supply of medicinal products in accordance with this paragraph for an amount not exceeding one million rubles. In this case, the volume of purchased medicinal products must not exceed the volume of such medicinal products required for the specified patient within the period required for the procurement of medicinal products in accordance with the provisions of Clause 7 of Part 2 of Article 83, Clause 3 of Part 2 of Article 83.1 of this Federal Law. In addition, when purchasing medicinal products in accordance with the provisions of this clause, the subject of one contract cannot be medicinal products intended for prescribing to two or more patients. The specified decision of the medical commission must be placed simultaneously with the contract concluded in accordance with this clause in the register of contracts provided for in Article 103 of this Federal Law. At the same time, the depersonalization of personal data provided for by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" must be ensured;

(see text in previous edition)

29) conclusion of an energy supply agreement or an electrical energy purchase and sale agreement with a guaranteeing supplier of electrical energy;

30) determination of the supplier, executor by the order of the Government of the Russian Federation on the proposals of the Central Election Commission of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation in the procurement of ballots, absentee ballots, special signs (stamps), information materials posted in the premises of election commissions, commissions referendum, voting premises, and services for the delivery of election documentation, documents related to the preparation and conduct of a referendum, and other items of election commissions used in the conduct of elections to government bodies of constituent entities of the Russian Federation, referendums of the Russian Federation and referenda of constituent entities of the Russian Federation, and also when holding elections to bodies of local self-government and local referenda in municipalities that are the administrative centers (capitals) of the constituent entities of the Russian Federation, except for the cases established by clause 6 of part 2 of article 1 of this Federal Law;

(see text in previous edition)

31) the conclusion of a contract, the subject of which is the acquisition of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, determined in accordance with the decision on the preparation and implementation of budget investments or on the provision of subsidies for capital investments for the purpose of acquiring real estate objects into state or municipal ownership, adopted in accordance with the procedure established respectively by the Government of the Russian Federation, the highest executive body of state power of the constituent entity of the Russian Federation, local administration;

32) lease of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, as well as the lease of residential premises located on the territory of a foreign state, by customers operating in a foreign state;

(see text in previous edition)

34) the conclusion by a federal executive body of a contract with a foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation in accordance with the rules established by the Government of the Russian Federation;

(see text in previous edition)

35) conclusion of contracts for the supply of equipment (including its technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity by organizations carrying out educational activities and recognized in accordance with the legislation on education by federal or regional innovation platforms, with the owner of exclusive rights to such equipment and software at the expense of funds allocated for the development of innovative infrastructure in the education system;

36) conclusion of a contract by a budgetary institution, state, municipal unitary enterprises, the subject of which is the issuance of a bank guarantee;

(see text in previous edition)

37) procurement of products of folk arts and 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;

38) conclusion by executive authorities, local self-government bodies of contracts for the acquisition of residential premises that meet the conditions for classifying as standard housing established by the authorized federal executive body, with a legal entity that has entered into an agreement on the development of territory in accordance with the Urban Planning Code of the Russian Federation for the construction of a standard housing or an agreement on the integrated development of the territory for the construction of standard housing, at a price and within the time frame determined by the agreement on the development of the territory for the construction of standard housing or an agreement on the integrated development of the territory for the construction of standard housing, provided that the agreement on the development of the territory for the construction of standard housing or an agreement on the integrated development of the territory for the construction of standard housing provides for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

39) conclusion by executive authorities, local self-government bodies of contracts for the purchase of residential premises that meet the conditions for classifying as standard housing, established by the authorized federal executive body, with a person who concluded in the manner and on conditions provided for by Federal Law of July 24, 2008 N 161-FZ "On Assistance in the Development of Housing Construction", an agreement for the gratuitous use of a land plot for the construction of standard housing, for the integrated development of the territory, which provides, among other things, for the construction of standard housing, a lease agreement for the construction of standard housing, for the integrated development of the territory , which provides for, among other things, the construction of standard housing, or a lease of a land plot for construction in the minimum required volume of standard housing, for the integrated development of the territory, within the framework of which I provide including construction in the minimum required volume of standard housing and other housing construction, at a price and within the time frame determined by any of these contracts, provided that they provide for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with intelligence assets. The list of goods, works, services, the procurement of which can be carried out in accordance with this paragraph, is approved by the head of the relevant foreign intelligence body of the Russian Federation;

41) procurement of goods, works, services in order to provide the bodies of the federal security service with means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the procurement of which can be carried out in accordance with this paragraph, is approved by the head of the federal executive body in the field of security;

42) the conclusion by the federal executive body performing the functions of forming official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies of contracts with individuals for the performance of work related to the collection and processing of primary statistical data when conducting federal statistical observation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation on official statistical accounting. At the same time, the volume of work performed by these persons, and the price of the contract, calculated on the basis of the terms of payment of remuneration to persons involved on the basis of contracts to perform work related to the collection and processing of primary statistical data when conducting federal statistical observation on the territory of the Russian Federation, are established by the federal an executive body performing the functions of forming official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information on contracts concluded in accordance with this clause is posted on the website of the federal executive body that performs the functions of generating official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, and its territorial bodies in information and telecommunications the Internet in the manner established by the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, in agreement with the federal executive body for regulating the contractual system in the field of procurement ;

(see text in previous edition)

44) procurement by state and municipal libraries, educational organizations, state and municipal scientific organizations of services for providing the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indexes from operators the specified databases included in the list approved by the Government of the Russian Federation;

45) procurement by state and municipal libraries, educational organizations, state and municipal scientific organizations of services for providing the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indices from national libraries and federal libraries with scientific specialization. At the same time, the price of such a contract concluded with a single supplier (contractor, performer) is determined in accordance with the procedure established by the Government of the Russian Federation;

Purchases up to 100 thousand under 44-FZ are also called small-volume purchases or small purchases. Within the framework of the state order, in this way they often purchase utilities and services, stationery and other office goods. Let's consider what this method of contracting is and why it is so popular with customers.

What is a small volume purchase under 44-FZ

A small purchase is the conclusion of a contract, the cost of which is no more than a hundred thousand rubles. Unlike more expensive contracts, which in most cases customers are allowed to conclude only through competitive procedures, a contract for a small purchase is signed with the supplier directly.

There are no restrictions on the procurement object for such procedures. In other words, you can conclude a contract with a supplier or performer directly for the purchase of anything. For example, very often the object of such procurement is water and energy supply services or vehicle maintenance.

As for planning, purchases of up to 100 thousand under 44-FZ are included in the schedule in the total amount on a separate line. Their total estimated cost is indicated without detailing for individual contracts.

Volume limitation

In addition to the cost of the contract, small purchases are limited to the amount of the annual volume of such contracts in monetary terms. The customer can carry out small purchases until their total cost per year reaches one of the threshold values:

2 million rubles;
5% of SOGZ, but not more than 50 million rubles.

SOGZ is the volume of purchases in monetary terms, that is, the amount of funds allocated to the customer in the financial year.

The customer independently chooses which of the indicated values \u200b\u200bshould be guided by.

Ease of conduct

The main advantage of purchasing up to 100 thousand under 44-FZ before the bidding is that everything is extremely simple. When making a small purchase, you do not need:

prepare a package of documentation, draw up a technical assignment;
publish a notice in the EIS;
collect and evaluate applications, provide clarifications to requests from potential participants;
agree on a contract with the regulatory authorities and provide a justification for such a purchase;
make a report after the contract is signed.

Contract conclusion speed

When the customer carries out the procedure for determining the supplier, for example, an auction or an open tender, he must comply with the terms regulated by federal law 44-FZ. A certain number of days is allocated for each stage of such procedures, and these periods cannot be shortened. As a result, the bidding and the signing of the contract take several weeks.

In contrast, small purchases allow you to quickly meet the needs that have arisen suddenly.

The ability to work with a trusted counterparty

Another plus for the customer is that small purchases allow him to work with trusted companies and entrepreneurs. Long-term partnerships provide:

price preferences - discounts and bonuses;
confidence that the buyer will receive the goods of proper quality on time.

As a result, the benefit from working with such a counterparty may be even greater than the savings based on the results of an auction, tender or other procedure.

disadvantages

However, the benefits of non-competitive procurement described above are realized under ideal conditions. In practice, however, the human factor often influences. Small-scale procurement contracts are an opaque procedure with room for corruption. Make no mistake that such a contract will not attract violators because of its cheapness. After all, even small customers in the course of their activities conclude many contracts, the lion's share of which are small.

Federal Law 44-FZ requires customers to exclude a conflict of interest, but in practice the regulatory authorities are not always able to verify this. Therefore, often a small contract goes to the contractor who may be of interest to the customer's representative (bribes, kickbacks), or to an affiliated supplier, for example, a company that belongs to relatives, friends of the customer's specialists.

As a result, contracts bypassing the competitive procedure, including purchases of up to 100 thousand under 44-FZ, have become very popular among customers. From year to year, the Federal Antimonopoly Service, which controls public procurement, calls this one of the main violations in public tenders.

Another disadvantage is that, in practice, such contracts are often concluded far from the best price. Customers prefer not to waste time studying the market when it comes to such small amounts.

How to conduct purchases up to 100 thousand under 44-FZ

The process is quite simple. First of all, the customer is determined by his needs, including the price he is willing to pay. Then he invites the selected supplier to conclude a contract, the parties negotiate all the conditions and come to an agreement. The contract is concluded in any form that is permitted by the Civil Code.

The danger of contract crushing

With regard to small purchases, mention should be made of the so-called contract split. Often, customers are tempted to divide the entire purchase amount into several contracts, each of which will not exceed a hundred thousand rubles. This will make it possible to formally comply with the limitation and conclude each such contract without conducting a competitive procedure, that is, directly with the supplier or contractor. Experts strongly recommend refraining from such ideas, since the regulatory authorities will easily reveal this "trick".

For example, a customer needs 10 computers. Their total price exceeds one hundred thousand rubles, but the price of each computer is less than this amount. The customer decides to enter into 10 separate contracts for the supply of each computer. Is this legal? Practice shows that if all 10 contracts were concluded with one supplier and have a small spread in time, then all this will be considered by the regulatory authorities as a single transaction.

If the customer is found guilty of splitting the purchase, then the official responsible for this will be punished with a fine, the amount of which is 50 thousand rubles.

What is expected

At the initiative of the Government (Order No. 842-r), a single aggregator is being prepared to launch for purchases up to 100 thousand under 44-FZ. This is an Internet portal where government customers will post their needs, and suppliers will be able to offer goods and services of their production. It is assumed that the aggregator will become a convenient platform for concluding small contracts.

The portal is being developed by a subsidiary of Rostec. The system is expected to be operational on a voluntary basis from mid-2018. And already from November 1, some of the federal customers will have to use the aggregator on a mandatory basis for their small purchases.

How to make purchases up to 100 thousand rubles, the scheme of small purchases through "Berezka" and through regional electronic stores, which has changed in 2019, we will consider in the article.

"Hundreds of thousands" or direct (small) purchases, who do not call these purchases, but in general, these are small purchases, concluded in accordance with paragraph 4 of part 1 of article 93 of Federal Law No. 44-FZ. Under this clause of the law, it is possible to purchase any goods, work, services only within the limits of 100 thousand rubles, and the annual volume of purchases under this clause should not exceed 2 million rubles or 50 percent of the GDS.

Carrying out purchases up to 100 thousand rubles. through "Berezka"

Since November 1, 2018, a pilot project "Beryozka" has been launched - this is a kind of electronic store where the federals and their subordinate institutions had to buy, for now, only stationery, and since 2019, various types of goods, works and services have been purchased in Beryozka. Thus, the legislator wanted to understand how profitable and economical purchases of up to 100 thousand rubles can be.

Moreover, there are exceptions when "Birch" can not be used in accordance with the Order of the Government of the Russian Federation No. 824-r:

for federal customers who carry out the functions of developing and implementing state policy in the field of defense, state administration in the field of ensuring the security of the Russian Federation, and federal government institutions subordinate to them;
for state secrets.

Also, customers have the right to make purchases without using Berezka, when you have commercial offers whose price is lower than the price offered in Berezka, while information about the concluded contract must be placed in the Berezka register, with the exception of clause 28 h. 1 tbsp. 93 (according to clause 28 - in the register of contracts in the EIS). Unfortunately, or fortunately, there are no other exceptions.

From the beginning of August, or rather from July 31, when the new rule came into force, customers received new opportunities to conclude a contract with a supplier in a lightweight version. In such contracts, it is now possible to omit the responsibility of the parties, acceptance, payment procedure and other usual clauses. Read what other preferential terms have appeared in contracts with reduced requirements and what are your risks.

Scheme of work in "Birch"

Conducting "Hundred Thousands" through regional pilot projects of electronic stores

Along with Berezka, many regions of Russia have begun developing their electronic stores for regional customers.

So, for example, in the Saratov region, since September 2018, a pilot project "Electronic store for small-volume purchases" has been operating on the OTC-market platform. The regional government has developed the rules of work in this store and set a bar on how much you can buy.

In fact, the obligation to purchase through an electronic store from each regional customer under No. 44-FZ and No. 223-FZ occurs in the Saratov region if the purchase is over 10,000 rubles. And from September to December, the regional government monitored all purchases made through the electronic store, and already from January 2019, all purchases over 10 thousand rubles and up to 100 thousand rubles, each customer must carry out through this electronic store of small purchases.

The operating procedure is, in fact, very similar to the “Beryozka” regulations. The same features when determining a supplier, if the customer has a commercial with a lower price than the one offered in the online store, the customer has the right to conclude a contract at the lowest price and then place this contract in the store's contract register.

What is good and what is bad

Now small purchases are being turned into some simplified requests for quotations in electronic form, on the one hand, this is good, because even with small purchases, the crust creates savings, which each customer will find where to spend, what contracts to conclude.

On the other hand, the procedure for concluding a contract is stretched and we all know that most often the need for certain goods or services arises every second and “it was necessary yesterday!”, It will not be possible to conclude a purchase through an electronic store in one day, so you need to know advance all the needs of the organization.

Changes in purchases up to 100,000 rubles.

And a small overview of the changes that threaten us from July 1, 2019 on small-volume purchases: purchases under clause 4 of part 1 of article 93 of Federal Law No. 44-FZ cease to be "Hundreds of thousands" and this is very good for customers because they become " Three-thousandths ”. That is, the amounts for these purchases are increased to 300 thousand rubles.

Attached files

What to do if the control body did not agree on a contract with a single supplier in time.doc
Why is it dangerous for a customer to split purchases.pdf

In practice, government buyers enter into various transactions, including in the framework of foreign economic activity (FEA). In this area, there is a definition of such a transaction. However, you need to understand that direct purchases of foreign economic activity and direct contracts under 44-FZ have nothing in common. A direct foreign economic activity contract is an agreement concluded by a Russian importer and a direct manufacturer of goods. Accordingly, it is the subject of customs legislation rather than the contractual system.

Direct purchases under 44 FZ are nothing more than an order from a single supplier without competitive procedures. This process is regulated. Moreover, there are two types of agreements:

up to 100,000 rubles;
up to 400,000 rubles.

Placing information in the EIS about such a public procurement is optional. However, the customer is advised to keep a register of contracts and keep all documentation, since at the end of the financial year, such purchases will need to be reported by drawing up reports that are posted, including in the EIS.

Since 03/01/2019, it has been earned for small-volume purchases and state purchases of drugs by decision of the medical commission. The name of this platform is EAT "Berezka" On it, federal executive authorities, including state institutions that are under their jurisdiction, conclude direct contracts. As for the law enforcement agencies, they fell under the exception and are conducting purchases in the old way.

Regional and municipal customers are required to use the aggregator if it is prescribed by special acts of the regional or local level.

"Birch" was put on the site agregatoreat.ru. Along with contracts up to 100,000 - within the framework of Part 4 of Art. 93, up to 400,000 - under Part 5 of Art. 93 purchases of medicines up to 200,000 rubles were transferred to Berezka - under Part 28 of Art. 93.

Direct contracts up to 100,000 rubles

An agreement for an amount of up to 100,000 rubles is allowed if, on this basis, it does not exceed 2 million rubles. or does not exceed 5% of the SGOZ and is not more than 50 million rubles. The indicated restrictions on the annual volume are not valid for the procedures carried out by customers to meet the municipal needs of rural settlements.

An important detail of concluding a contract of up to 100,000 rubles is the inclusion in it of the grounds according to which the state customer is placing an order, in this case it will be clause 4 of Part 1. of Art. 93 44-FZ. Direct contracts up to 400,000 rubles

Such public procurement can be carried out by customers who are a state or municipal cultural institution, whose main activity is the preservation and popularization of cultural heritage sites, as well as other state or municipal educational institutions and other institutions listed in paragraph 5 of Part 1 of Art. 93. At the same time, the amount of the contract should not exceed 400,000 rubles, the annual volume of purchases should not exceed 50% of the SGOZ and be more than 20 million rubles.

It might be helpful to read: