Procurement methods are a mechanism for selecting a supplier for the execution of a government contract. This choice is both competitive and non-competitive. Let's figure out how they differ from each other and how to choose the right one.

Procurement methods under 44-FZ

To begin with, we will analyze the methods of procurement according to 44-FZ, the table clearly shows all possible options.

Competitive procurement methods under 44-FZ

Non-competitive procurement methods

There is only one subspecies - purchasing from a single supplier. In this case, the contract is concluded without carrying out the procedure for choosing the winner, in accordance with Art. 93 of the Law on the contract system. The list of cases is closed, as of 2019 there are 55 reasons.

Examples include:

• purchasing services from monopoly companies;
• "Direct" contracts;
• elimination of accidents;
• buying medicines;
• recognition of competitive procedures as invalid.

Methods for determining a supplier under 223-FZ

In this case, the customer has the right to establish in the regulation other methods of choosing the contractor. Examples include (bull auction), multi-lot auctions, and others. At the same time, the customer prescribes all the conditions for carrying out the procedure, from the grounds to the options for the development of events in case of its recognition as invalid.

As for non-competitive methods, then, unlike 44-FZ, there is no list. Certain types of legal entities independently determine this method. The customer is limited only by the rules on the protection of competition.

Today, all issues related to the placement of state orders are regulated by the Law on the Contract System - 44-FZ.

Any legal entity or individual entrepreneur... Only those registered in offshore zones will not be allowed to purchase. The list of these zones is regularly updated by the Ministry of Finance. At the beginning of 2019, this list included 42 states.

Let us analyze in more detail what options for placing an order are provided for the customer in the contract system, as well as in which he himself can take part.

Methods for placing orders under Federal Law 44

For budgetary institution available:

• competitive (for example, competition);
• non-competitive (for example, purchases from a single supplier);
• remote (electronic auction);
• for a limited circle (closed competition)

supplier identification procedures.

All these methods of choosing a winner were introduced more than 12 years ago by the Law on Placing Orders No. 94-FZ. However, they are currently being corrected by 44-FZ.

All options for placing a government order (they are also methods of choosing a supplier) can be represented by such a scheme.

Non-competitive way of choosing a performer

Of the above methods of placing an order, only purchasing from a single supplier is a non-competitive method of selecting an executor. In law 94-FZ, it was allowed in 37 cases. According to the rules in force at the beginning of 2019, there are 54 such cases.

The services of a single supplier are resorted to when they buy goods and services from subjects of natural monopolies, works from authors of works of art or copyright holders, or when they conclude contracts by orders of the government or the president. A complete list is presented in Art. 93 of Law 44-FZ.

Purchasing from a single supplier requires less organizational, time and material costs compared to competitive methods. Therefore, the regulatory authorities make sure that customers do not abuse this opportunity.

Competitive ways of choosing a performer

The most common competitive purchasing method is electronic auction. This type of selection is remote (carried out at electronic sites), is not limited in price and is carried out in accordance with Art. 59 of the Law "On the Contract System". It is mandatory if services, works or goods listed in the Order of the Government of the Russian Federation of March 21, 2016 No. 471-r are purchased for the needs of the state. Among them:

• food and drinks;
• tobacco products;
• textiles and clothing;
• leather and leather products;
• wood and wood products (except furniture);
• paper and paper products;
• petroleum products;
• coal;
• chemical products and substances.

It is also possible to place an order through a competition. This is another competitive supplier selection method. It can be open, limited or two-stage. The most common of these is an open competition. Now in the documentation it is obligatory to establish the requirement for securing the application. It must be accepted as in the form bank guarantee, and in the form of real money. In addition, compared to 94-FZ, they differ:

• minimum deadlines for filing applications (not thirty days, but twenty);
• the terms for which it is possible to extend the period for accepting proposals (at least 10 days, instead of at least 20);
• the procedure for concluding a contract, if one application was submitted or remained (approval is required).

When making a request for quotations, an important point is the initial maximum contract price (NMCK). When it exceeds half a million rubles, the customer is prohibited from choosing a supplier by this method. This rule can only be violated by customers who work on the territory of a foreign state.

As for the request for quotations, after the entry into force of 44-FZ, the customer had the opportunity to amend the notification. The main limitation is that these adjustments should not be related to the procurement object. In addition, the opening of applications is now taking place publicly.

We will clearly show the features of each option for choosing a performer in the diagram.

With the introduction of Federal Law No. 44-FZ in 2014, new methods and rules for holding auctions were approved. The purchasing process is described in it for all individual levels - formation, placement and subsequent management of order execution. In this article, we will consider what methods of procurement exist and their characteristics.

Principles

First of all, customers should be guided by the principles of procurement - they determine the state policy in this industry and their directions.

The principle of openness, transparency reflected in the provision of complete and accessible information. The tool for the implementation of this principle can be called the Unified Information System (UIS) - the main procurement portal. It can contain not only tenders, but also other data - schedules, results of monitoring and audit of purchases, etc.

Ensuring competition as a procurement principle is aimed at providing equal rights to all participants in the market. For example, it is unacceptable to use trademarks without the words "or equivalent" in the terms of reference - this leads to a decrease in the number of participants, therefore, the principle of competition is not met.

Stimulating innovation. The law on the contract system does not specify what constitutes an "innovative product". However, for commercial purchases, it has been established that goods or services obtained as a result of scientific research, technological work that have improved characteristics are considered innovative.

The principle of unity defines a level playing field for planning and monitoring procurement by SOEs across the country, regardless of their field of activity.

Professionalism- provision of procurement by qualified employees, regular professional development in the procurement industry.

Responsibility for performance- the degree to which the customer achieves plans and their high efficiency as a ratio of the result obtained with the resources spent.

List of purchases

State or municipal enterprises carry out purchases for a variety of needs. This can be the supply of goods (office supplies, foodstuffs, medicines, household items) or the provision of a service or work (repair, construction, Internet network, and much more).

To find suppliers, the company holds tenders or, as it is also called, procurement or tender. According to federal law No. 44-FZ, they can be divided into two main types. These are competitive methods of purchasing and purchasing from a single supplier. Competitive are divided into:

• competitions (open or closed, with limited participation and two-stage);
• auctions (electronic, closed);
• requests for proposals;
• requests for quotes.

The definition of the procurement method is up to the customer. This is done depending on the costs of the implementation and the benefits obtained. For visual information, we present the procurement methods in the form of the diagram shown.

Auction

The method for determining suppliers through open auctions and tenders is specified in the second chapter of Law No. 44-FZ. Auction purchase method is one of the most common methods. They carry out most of of all tenders - about 54% of the purchases. In the next place are purchases from single suppliers or contractors, and in third place are open tenders. Through the auction, you can place purchases both for the supply of goods and for the performance of works and services.

Auctions as electronic methods of procurement are placed and held on trading platforms on the Internet. According to the procurement law, five electronic platforms are provided for this. To submit an application for an electronic auction, you do not need to send documents in writing - it is enough to attach them to the application in electronic form.

The participant's application is formed of two parts. In one part, the consent of the participant is included, in which he confirms that he is ready to fulfill the conditions on the subject of the contract - delivery, work or service. Also here the participant informs about the specific characteristics of the supplied goods.

In part two, the participants are already provided with all the detailed information: statutory documents, licenses for the field of activity, papers on compliance with requirements, as well as documents according to which the participant will have advantages during the consideration of applications.

The government has approved a list of objects, for the purchase of which customers must conduct tenders in the form of an electronic auction. For example, if it is:

• goods - clothing, food, paper and paper products, medicines;
• services - water transport, water disposal, car repair;
• works - erection of buildings, cleaning, washing windows, services of tourist companies, etc.

In addition, an auction is held if it is prohibited by law to purchase through a single supplier or through a quotation announcement. And also a notice of electronic bidding is placed if additional criteria are not required for the required product or service: experience, qualifications, and applications from participants can be considered only by the criterion of "contract value".

The difference between the auction and the competition is that the participant who offered the lowest contract value is considered the winner in the auction. The competition has slightly different criteria - the participant wins with better conditions... Consideration of applications for trading is carried out by a commission - competitive or auction.

The competition and its stages are described in detail in Articles 48-55 of Law No. 44-FZ. An open tender is posted for all suppliers on the official procurement portal - a single information system(EIS). When announcing a tender, a notice and documentation are posted. The requirements for all participants are the same. The winner is determined during the consideration of applications according to all the criteria specified in the documentation.

Competition as a competitive procurement method is subdivided into subtypes:

• with limited participation;
• 2-stage.

Let's consider these subspecies in more detail.

Competition with a limited number of persons

The specifics of this method of purchasing goods (or services) are specified in article 56 of the federal law regulating procurement. In a competition with a limited number of persons, uniform and Additional requirements... However, only persons who have passed the pre-qualification screening or selection (PQS) are allowed to participate. When should customers choose limited bidding? They are as follows:

1. If the subject of the procurement is the supply or implementation of innovative and high-tech facilities. Note: this list is established by the Government.
2. If the subject of the purchase is a cultural object, museum items and collections, as well as everything related to archival documentation, depositories, restoration and library funds.

Two-stage competition

A two-stage call differs from a regular open call in that applications are submitted twice. Suppliers first offer their terms and conditions on the subject of the auction without the cost of the contract. Then, at the next stage, after discussing the preliminary application, the final application is provided. It indicates the cost of the contract, as well as the specified conditions of the supplier. This method of procurement is carried out when these requirements are met:

1. The purchase is carried out for scientific works- research, projects, including architectural, as well as for the creation of intellectual works - literature, art (article 57).
2. It is necessary to discuss with the participants the characteristics or parameters of the subject of the procurement.

If a purchaser, in the process of writing a description of a procurement object, must clarify certain criteria or choose the correct wording for a procurement title, he discusses these issues directly with suppliers. These clarifications are taken into account at the initial stage - when forming the technical task.

Request for proposals

This bidding procedure was introduced in 2014, with the entry into force of the new procurement law 44-FZ. Despite the relative novelty of this method of purchasing and the lack of clear regulations, many customers are increasingly using it when determining suppliers.

Request for proposals is sent in writing from the customer to the suppliers or contractors. The request shall indicate all the necessary requirements and criteria for the subject of procurement.

The federal law (Article 83) states that in the request for proposals, the participant who sent Best offer for a product or service that meets the requirements specified by the customer.

In practice, this method of procurement is used in the case when, during the consideration, the auction or tender was declared invalid due to the absence of bids, non-compliance of the participants with the requirements, or for other reasons.

Request for quotes

In the course of the quotation, a notification is also posted to an unlimited number of persons. The winner is the participant who offered the lowest contract value. It should be noted that the initial quote price cannot be more than 500 thousand rubles. And the annual volume for requests for quotations should not exceed ten percent. These requirements, specified in article 72 of the federal law, must be taken into account in the planning of annual plans and methods of public procurement.

Pros of quotes:

• The speed of the procedure among other competitive methods.
• The process of conducting a quotation is quite simple, strictly defined and a small list of documents is required. Therefore, the risk of receiving claims from the Federal Antimonopoly Service, the prosecutor's office and other control bodies is minimal.
• In the applications of suppliers, it is possible to consider not only cost criteria, but also on others - for example, operating costs, functional characteristics, and so on.

The disadvantages of quotes include:

• Lots cannot be considered separately.
• To participate in the quotation, you do not need the bid security, which is usually used in tenders or auctions. In this regard, unscrupulous suppliers may be allowed to bid.
• Great responsibility in relation to participants - registration of applications, ensuring confidentiality.
• Bodies for control and supervision can check the legality of this method, since the quotation set limits on volumes and amounts.

Usually a request for quotations is announced when a supply of a simple product is needed in small quantities, which does not require high qualifications from the supplier.

Bidding Through a Single Supplier

This type of tenders accounts for about 20% of purchases from government customers. The method of purchasing from a single supplier is not competitive, that is, the contract is concluded directly, without considering bids.

By the way, this purchase is more a right than an obligation. The advantage of tendering with one supplier or contractor is that it is relatively easy and time-saving. They are carried out with a small amount under the contract or if the purchase does not regulate any restrictions, complex criteria.

Chapter 6 of the law, in article 93 according to the current version, indicates 54 cases when it is possible to conduct a tender through a single contractor. It is perhaps pointless to list them in this article.

Let's list the main circumstances in which it is possible to purchase a product or service from one supplier:

• the purchase did not take place;
• procurement in the construction industry - buying, renting, repairing, etc.
• trading in the spheres of culture, scientific and educational spheres, sports;
• medical support, including circumstances in case of emergencies;
• procurement of public services for buildings - electricity, heat supply;
• suppliers are natural monopolists, that is, they are not replaced and have no competitors (water supply or rail transport);
• in the field of defense and state protection;
• others, in which procurement is provided from one supplier.

In addition to the above, you can add small purchases of no more than one hundred thousand from one contractor selected to customers for the supply of goods - equipment, office equipment or services - for example, for renting premises. As for the annual volume, tenders should not exceed two million, or, if the enterprise is large, more than 5% of the total procurement rate and not exceed 50 million rubles (Article 93 of Federal Law 44-FZ).

Closed trades

What concerns the closed method procurement methods? It should be noted that only auctions and competitions are classified as closed. In accordance with article 84 of the law, the procedure for conducting such auctions is determined by the fact that customers send invitations to participants, that is, if an unlimited number of persons can participate in open forms, only invited suppliers participate in closed auctions.

Closed tenders are held in four cases regulated by law:

1. The purchase is carried out to ensure the federal authorities, and if information about these needs is a state secret.
2. Purchases of goods, services and works are a state secret and their information is reflected in the auction / tender documentation or in the draft state contract.
3. If the subject of the purchase is insurance and security, the movement of objects of the Fund of Precious Metals and Stones of Russia or museums, archival documentation (including copies), manuscripts and other objects of cultural and historical significance... Also, if these items are transferred and accepted by customers for temporary use / possession of individuals or legal entities, including holding exhibitions in Russia or abroad.
4. When bidding on cleaning buildings / premises, as well as providing services as a driver for judges and bailiffs.

Closed purchases are not placed in a unified information system, but are sent to a limited number of persons with an invitation to participate.

During a closed tender, it is not allowed to send electronic information: requests for documentation and responses to them, changes made, tender documents. Clarifications about the provisions of the documentation are sent to the address of all participants in paper form, which indicates the subject of the request, but without indicating the person who sent it. The minutes on the results of such tenders are not published in the media and on the main procurement portal. Also, audio and video recording is not allowed during the competition.

Conclusion

So, procurement methods include auctions, tenders, quotations, requests for proposals, and procurement with a single supplier / contractor. Competitions are also subdivided into open / closed, two-stage and with a limited number of persons. Determining the procurement method - important point when planning annual plans-schedules.

According to the law on the contract system, it is possible to classify state procurements on a competitive basis or directly with one supplier, without such procedures.

Also, purchases can be divided into closed and open. Competitions and auctions are classified as closed. To take part in them, suppliers need to receive an invitation from customers. Information from such purchases was not disclosed. Consequently, open purchases are available to an unlimited number of people. A mandatory requirement for all participants are uniform requirements: no debts in taxes and fees, administrative liability, conflicts of interest, they also must not be an offshore company, etc. These requirements are specified in article 31 of the law.

Let's figure out step by step what is needed to conclude a contract with a single supplier in accordance with Federal Law 44, when it is necessary to publish a notice, when a report is needed - a rationale. Mandatory rules that must be taken into account when purchasing from a single supplier, both to the customer and to the supplier or contractor.
The customer has the right to conclude a contract with a single supplier only on the grounds provided for in part 1 of Article 93 of Law No. 44-FZ. Before signing a contract, regardless of the selected clause of Article 93 of Federal Law 44, purchases must be included in the procurement plan and schedule.

When is the customer entitled to conclude a contract with a single supplier?

Concluding a contract with a single supplier is a right, not an obligation, of the customer, but there is an exception. According to parts 1 and 5 of article 24 and part 1 of article 93 of Law No. 44-FZ, in cases where an open competitive purchase did not take place and there is one bid that meets the requirements of the documentation, the customer is obliged to conclude a contract with a single supplier. The position is confirmed by the Ministry of Finance in a letter dated 12.09.2017 No. 24-02-08 / 58934 and the Ministry of Economic Development in a letter dated 31.03.2017 No. OG-D28-4021

How do I purchase from a single supplier?

1. Entering the procurement into the procurement plan and the schedule

There is a single rule for all purchases in accordance with Federal Law 44: you cannot carry out purchases that have not been included in the procurement plan and schedule. This rule also applies to purchases from a single supplier, in accordance with part 11 of Article 21 of Law No. 44-FZ and the letter of the Ministry of Economic Development of March 31, 2017 No. OG-D28-4021.
If a contract is concluded that is not in the schedule, an employee of the contract service or a contract manager will pay a fine of 30,000 rubles. The punishment is provided for by part 1.6 of article 7.30 of the Administrative Code.
Special purchases are distinguished for which simplified planning is provided: not every contract is written in the schedule, but the total annual amount of purchases by type of expenditure (subparagraph "a" of paragraph 2 of the Requirements for the form of the schedule from the Government Decree of 05.06.2015 No. 553 and in subparagraph "a" of paragraph 2 of the Requirements for the form of the schedule, which the Government approved by the resolution of 05.06.2015 No. 554).
Such special purchases include information on purchases that are planned to be carried out in accordance with paragraph 7 of part 2 of Article 83 and paragraphs 4, 5, 23, 26, 33, 42 and 44 of Part 1 of Article 93 of Federal Law 44 in relation to each of the following procurement objects :

• medicinal products purchased in accordance with clause 7 of part 2 of article 83 of the Federal Law;
• goods, works or services in an amount not exceeding 100 thousand rubles (clause 4 of part 1 of article 93 of FZ 44);
• goods, works or services in an amount not exceeding 400 thousand rubles (clause 5 of part 1 of article 93 of FZ 44);
• services related to sending an employee on a business trip (clause 26 of part 1 of article 93 of FZ 44), as well as with participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events;
• teaching services provided individuals;
• guide services provided by individuals;
• 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 if such services are provided to another a 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;
• work related to the collection and processing of primary statistical data when carrying out on the territory Russian Federation federal statistical observation in accordance with the legislation of the Russian Federation on official statistical accounting, performed by individuals (clause 42 of part 1 of article 93 of FZ 44);
• services for granting the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indices (paragraph 44 of part 1 of article 93 of FZ 44);

Deadline for making changes to the procurement plan and plan - schedule

This also has its own peculiarities for purchasing from a single supplier. Since July 2018, the period of 10 calendar days for purchases from a single supplier has been canceled and a new one has been established. From July 01, 2018, change the schedule for purchases from a single supplier, at least one calendar day before you publish the purchase notice. At the same time, publish the notice no earlier than the day when you post the modified schedule in the EIS.
Law No. 44-FZ does not specify the time frame for making changes to the schedule if it is not necessary to publish a purchase notice from a single supplier. In this case, it is better to use general rule make changes 10 calendar days before entering into a contract, and not one calendar day. An exception is purchases under clauses 9 and 28 of part 1 of article 93 of Law No. 44-FZ, when changes are made one day before the conclusion of the contract, in accordance with clauses 9 and 10 of the Rules from Resolution No. 553, paragraphs 11 and 12 of Requirements from Resolution No. 554.

2. Calculation of the price of a contract with a single supplier

To calculate the price of a contract, use one or several methods:

• market analysis method;
• normative method;
• tariff method;
• design and estimate method;
• costly method.

The customer has the right to use other methods for calculating the price of the contract with the supplier, if the listed methods cannot be used. In this case, in the justification of the price, include the justification for the impossibility of applying the basic methods, in accordance with parts 1 and 12 of article 22 of Law No. 44-FZ and in the letter of the Ministry of Economic Development dated 13.10.2014 No. OG-D28-7883.
E If you choose the wrong method for calculating the NMCK, an employee of the contract service will pay a fine from 20,000 to 50,000 rubles. according to part 1 of article 7.29.3 of the Administrative Code.

3. Drawing up a contract

When drawing up the contract, indicate the essential conditions in accordance with Law No. 44-FZ. But when purchasing from a single supplier, the following exceptions are provided:

• responsibility of the customer and contractor;
• the schedule for the execution of the contract, even if the contract is concluded for a period of more than three years and the price is more than 100 million rubles;
• procedure and term of payment for goods, work or services, procedure and term of acceptance;
• a condition that reduce the price of a contract with an individual or legal entity by the amount of taxes and other obligatory payments to the budgets.

In addition, the customer is not obliged to use standard contracts.
The above exceptions apply only for purchases under clauses 1, 4, 5, 8, 15, 20, 21, 23, 26, 28, 29, 40, 41, 44-46 and 51-53 of part 1 of article 93 of Law No. 44- FZ.
When purchasing from a single supplier on other grounds, include all essential conditions, in accordance with part 15 of article 34 of Law No. 44-FZ.
It is imperative to include in the contract the calculation and justification of the price. An exception is purchases in which you do not prepare a justification for the impossibility of conducting a competitive purchase, namely for cases of purchasing from a single supplier (contractor, performer), provided for in paragraphs 1, 2, 4, 5, 7, 8, 15, 16, 19 - 21 , 24 - 26, 28, 29, 33, 36, 42, 44, 45, 47 - 48, 50 - 54 part 1.
In such transactions, the calculation and justification of the price is not required to be included in the contract. However, if included, there will be no violation of the law - part 4 of Article 93 of Law No. 44-FZ and the decision of the Arbitration Court of the Lipetsk Region dated 31.08.2016 No. A36-2054 / 2016.
The customer is obliged to calculate and justify the price when he forms the schedule, therefore the calculation and justification must be prepared, even if there is no obligation to include information in the contract. (Clause 1 of part 3 of Article 18 of Law No. 44-FZ and letter of the Ministry of Economic Development of 11.02.2017 No. D28i-142 and of 26.04.2017 No. D28i-1859)

4. Preparation of the report - justifications

To purchase goods, works, services from a single supplier, the customer must justify in the report:

• impossibility or inexpediency of other methods of procurement;
• contract price;
• other essential terms of the contract.

Submit your rationale report for not all transactions with the supplier.

The rules are established in part 3 of article 93 of Law No. 44-FZ.

5. Coordination of the purchase with the control body

When a competitive purchase has not taken place and you enter into a contract with a single supplier, agree on the deal with the supervisory authority. In any case, agree on a contract with a single supplier based on the results of a failed closed purchase. It is also always necessary to agree on a deal with a single supplier based on the results of an open purchase, with the exception of three exceptions:

• an autonomous institution conducts procurement in accordance with part 4 of article 15 of Law No. 44-FZ;
• a legal entity conducts a purchase in accordance with part 5 of article 15 of Law No. 44-FZ;
• the request for quotations did not take place.

There is no need to negotiate contracts with single suppliers based on the results of e-procurement. (Clause 24-25.3 of Part 1 of Article 93 of Law No. 44-FZ)

6. Publication of notice

When purchasing from a single supplier, publish a notice in the EIS. The obligation is provided only for transactions under clauses 1-3, 6-8, 11-14, 16-19 of part 1 of Article 93 of Law No. 44-FZ. For purchases on other grounds, the notice does not need to be published.
Mandatory information is indicated in the notification:

It is necessary to place a notice in the EIS at least five calendar days before the date when you conclude a contract. When purchasing with a state secret, you do not need to publish a notice. The requirement to publish, together with the notice, a draft contract with a single supplier is not established in Law No. 44-FZ. (paragraphs 1, 2, 4, 8 of Article 42 and in part 2 of Article 93 of Law No. 44-FZ)
If you break the deadline for publishing the notice by one working day, the contract service employee will pay a fine of 3,000 rubles, the organization - 10,000 rubles. If more than one working day is violated, the fine for an official is 15,000 rubles, for an organization - 50,000 rubles. If you violate the procedure for publishing the notice, the fine will also amount to 15,000 and 50,000 rubles. The punishment is provided for in parts 1.2-1.4 of article 7.30 of the Administrative Code. In addition, supervisors can be fined for violation of the terms of the conclusion of the contract.

7. Conclusion of a contract

Make a contract with the caterer on time and on schedule. In doing so, observe the restrictions indicated in the table.

The terms are listed in part 10 of article 83.2, paragraphs 24-25.3 of part 1, part 2 of article 93 of Law No. 44-FZ.
If you conclude a contract with a violation of the terms, the responsible employee will pay a fine of 50,000 rubles. according to part 3 of article 7.32 of the Administrative Code.

8. FAS notification

If you have entered into a contract with a single supplier under clauses 6, 9, 34 or 50 of part 1 of article 93 of Law No. 44-FZ, inform the procurement control body about it. To do this, send a notification to one of the organizations:

• FAS - for purchases for federal needs;
• control body in the field of state defense orders - for purchases under the state defense order;
• the executive body of the constituent entity of the Russian Federation, which controls procurement - in procurement for regional needs;
• organ local government, which controls procurement - when purchasing for municipal needs.

Attach a copy of the contract and the justification for its conclusion to the notification. Submit the documents to the supervisory authority no later than one business day after the conclusion of the contract. Such rules are established in part 2 of Article 93 of Law No. 44-FZ.
If you do not send the documents to the inspectors on time, the employee of the contract service will be fined 15,000 rubles, and the organization - 100,00 rubles. according to part 1 of article 19.7.2 of the Administrative Code.

In accordance with the legislation, the acquisition of materials, equipment, premises, various kinds of services necessary for the work of state bodies can be carried out in a competitive way, when the choice of a supplier comes from several applicants, or from a single representative. Procurement under Federal Law 44 allows to minimize abuse and corruption in this process.

Purchase methods

Federal law determines that the following methods of purchasing products and services are based on competition:

• competition;
• auction;
• request for quotes;
• request for proposals.

Purchase from a single participant is carried out only when the required product or service is monopolized for objective reasons, for example, protected by copyright.

Types of contests

Federal Law No. 44 provides for the following types of competitions:

The procurement auction is carried out in electronic form, that is, all information about the object of the tender is posted on a site accessible to all. The auctions themselves are held on the electronic platform of a pre-selected operator, who is fully responsible for the technical aspect of their conduct.

However, it is possible to buy at the auction only certain categories of goods or works, services. Their list was approved by the Government of the Russian Federation, and it is quite extensive. The following criteria are presented for the auction:

• precise, clear and detailed description object of purchase;
• the selection of the winner should be based on quantitative and monetary evaluation only.

Request for quotes

This method of determining the executor of the state order is carried out by placing information about the object of purchase in a single database, and the winner in the competition is the participant that will offer the lowest price for its products. However, it should be borne in mind that a request for quotations can be carried out only if the value of the contract does not exceed 500 thousand rubles.

In addition, there is one more limitation for the customer on this kind bidding - the annual volume of purchases carried out in this way cannot exceed 10% of the total annual volume of purchases of the customer and at the same time cannot be more than 100 million rubles per year.

Request for proposals

The winner of such a competition is the participant who offers the customer a product or service that optimally matches the parameters of the request. You can select a supplier using the request for proposals method only in the following cases:

• to provide sports teams with inventory, outfit, equipment;
• for the treatment of Russians abroad;
• for the provision of medicines;
• for the purchase of handicrafts;
• when concluding contracts to protect the interests of citizens or the state in foreign courts.

Public procurement - how to win tenders: Video