Justification of the method for determining the supplier of the electronic auction. Justification of the purchase: what to look for. Assessment of the validity of procurement

01.10.2019 entered into force the federal law No. 71-FZ dated May 1, 2019. It states that in 2020 the object, the method of purchase and the NMCC do not substantiate.

As justified before

The planning stage for the customer is a complex and meticulous procedure. The organization must not only develop a public procurement plan and form a schedule based on it, but also justify each order entered into the planning documents (Article 18 44-FZ). The current legislation provides for without fail justify the purchasing activity:

PP is regulated by Art. 17 44-FZ;
PG - Art. 21 44-FZ.

The type of document form and the procedure for preparing an explanatory form for the PZ and PG are fixed by Government Decree No. 555 of 06/05/2015.

If changes are made to the planning registers during the reporting period, they must also be formally justified. How - we will show by the example of justifying the procurement schedule and the plan.

The PO must be prepared within the time limits established by the RF PP for customer organizations at the federal level, authorized bodies executive power- for institutions at the level of the subject of the Russian Federation and local administrations - for municipal organizations.

How to justify a procurement plan

After the PP is formed, it is necessary to prepare a justification for the compliance of the object in the procurement plan. And it is necessary to argue each object (subject) of the order, which the customer organization included in the planning register. As confirmation of the effectiveness and expediency of the procedure being performed, it is necessary to describe the purpose of the auction and indicate the name of the state program event, on the basis of which the order is made. The form must indicate certain functions, powers and details of the normative act (Article 19 44-FZ) governing a specific procedure.

The expediency of the order, the purpose of its implementation are described in accordance with Art. 13 44-FZ:

implementation of measures established by city and municipal programs;
fulfillment of international obligations, implementation of interstate level programs that are not included in state, municipal programs;
implementation of other functions and powers.

Procurement plan justification form

An example of justifying a procurement plan for 2020

An example of a justification for procurement when forming a procurement plan in the EIS: a step-by-step instruction

1. It is necessary to go to the LC in the tab "Register of PZ", select the plan to be generated and on the tab bar go to the dialog box "Goals and rationale for purchases".

2. In the window that opens, fill in all the lines in accordance with the available regulatory legal acts and the document prepared in advance. If there is no regulatory legal act in the institution, then this must be reflected in the required line. If there is regulatory documentation, then click on "Search in the EIS", a hyperlink will open and the "Search for normalization rules" dialog box will appear.

3. In the "Search for Rules" all the appropriate parameters are entered and a direct search is launched in the EIS. The desired one is selected normative act action confirmation. In the event that the normalization rules were not found, the corresponding mark is set in the cell "Not found in the EIS".

4. When manually entering the normalization rules, you must fill in all the required lines and click on the "Add" button.

5. As soon as all the required lines are formed, you must click the "Finish" hyperlink. The system will automatically transfer the user to the "PO Positions" tab. The newly created position will be displayed in the PO table.

6. It is necessary to create the required number of PP positions, click "Next" and fill in each line in the same way.

How to justify a schedule

When forming a schedule, the following are subject to justification (part 3 of article 18 44-FZ):

the chosen method for determining the supplier, contractor, performer (Chapter 3 of 44-FZ);
NMTsK - it is necessary to prepare a rationale for the method for determining the NMTsK in the schedule and a clear, correct calculation of the initial (maximum) contract price (Article 22 of the 44-FZ);
Additional requirements presented to the participants of the procurement procedures.

Having formed the PG, the customer organization is obliged to prepare a document in the prescribed form. The annex to the schedule includes the following information:

the name of the subject of the order and its consistent description;
the initial (maximum) price of a certain contract;
the method of determining and arguing the NMTsK;
confirmation of the impossibility of applying the methods from Part 1 of Art. 22 44-FZ;
additional requirements for participants;
way to determine the contract executor.

Document form for the schedule

What is the rationale for choosing a supplier?

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

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

What does the rationale for choosing a supplier look like?

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

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

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

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

What influences how a supplier is determined

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

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

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

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

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

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

Electronic auction

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

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

Request for quotations in electronic form

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

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

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

Electronic Open Competition

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

Electronic competition with limited participation

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

Electronic two-stage competition

Reasons why you can hold a two-stage competition:

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

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

Closed procedures

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

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

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

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

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

Ministry of Defense;
Foreign Intelligence Service.

Electronic request for proposals

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

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

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

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

An example of justifying the method of choosing a supplier

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How to justify the chosen method of determining the supplier

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

Acquisition of goods and services from organizations that belong to the category of natural monopolies and meet the standards of Article 147-FZ.
Purchase material resources or works for an amount not exceeding 100 thousand rubles.
Acquisition of services of water supply, electricity supply, heat supply and the like.
Purchase of material assets and services intended for the elimination of the consequences of accidents and natural disasters.
Acquisition printed publications in the event that the exclusive rights to the publication belong to only one company.
Visiting cultural events, museums, zoos and so on.
After the closed procedure for determining the supplier was declared invalid.

Justification of the chosen method for determining the supplier according to 44-fz

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Examples of justification for purchases under 44-FZ and why it is needed

Hello dear colleague! In today's article, we will consider such interesting topic, as a justification for purchases under 44-FZ. Let's talk in detail about what constitutes a procurement justification, by whom and in what time frame it is prepared, as well as what information it should contain. The material of the article is intended primarily for representatives of customers, and will also be useful for informational purposes and suppliers.
Contents: 1. What is the rationale for the purchase?2. Rationale for the formation of a procurement plan3. Rationale for the formation of the schedule4. Terms of preparation of procurement justification5. Evaluation of the rationale for the implementation of procurement 1. What is the rationale for the procurement? Procurement justification (PO) - a document that is an annex to the procurement plan and the procurement schedule.
The justification of the purchase is carried out by the Customer at the planning stage.

Procurement justification: justification rules, deadlines + sample forms

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Preparation for the tender

Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time, he must give a rationale for the method of determining the supplier, whether it will be an electronic auction or another procedure - it does not matter. Let's figure out how to do it right. Justification when choosing a procurement required forms when filling out the procurement plan and schedule.

How to justify the choice of the method of determining the supplier?

Acquisition of materials and equipment or services intended to eliminate the consequences of man-made accidents, natural disasters in the event that there is a need to provide emergency medical care.
Purchase of objects of cultural heritage.
The supply of goods or services that can only be provided by organizations related to the penitentiary system.
Acquisition of objects of literature or art by individual authors.
Supply of electronic or printed publications.
Conclusion of a contract with a company that provides services for the organization of concerts or theatrical performances.
Services for the management of an apartment building.
Repair work and services for the maintenance of non-residential premises.

Rationale for the choice of supplier identification method

The list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized nature (approved by the GD dated 04.02.2015 No. 99). Two-stage competition The organizer makes a decision to hold a two-stage competition, subject to the following conditions (they will also serve as a justification):

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

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

How to write a justification report for purchasing from a single supplier

In these and other cases listed in the law, the customer can purchase from the selected supplier. At the same time, he will have to draw up a report and justify his choice. When it is necessary to justify purchases and when it is not necessary to do so The customer is obliged to attach a report to contracts concluded with a single supplier.

It indicates the reason for choosing such a purchase, the conclusion about the impossibility or inappropriateness of using other methods, as well as the rationale for the price of the contract. Such a rule is established by parts 3 and 4 of article 93 44-FZ. It is true for all of the following cases:

Work related to mobilization preparation.
Services that can be provided exclusively by executive authorities or organizations that are in their department.

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Can be done if:

procurement from the government list of goods, works, services for the provision of humanitarian assistance or emergency response (approved by RP dated September 30, 2013 No. 1765-r);
conducting purchases from the government List of goods, works, services, in the event of which the customer is obliged to hold an auction, subject to a limited amount (see clause 4);
NMTsK does not exceed 500,000 rubles;
the total annual volume of purchases with quotations not exceeding 10% of the amount of funds for all purchases and not exceeding 100 million rubles per year.

Open tender In cases where 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.

Since there are no analogues of the purchased software, the price is determined by organizing the cost method, regulated by Article 22 of the 44-FZ.

Justification of other terms of the contract. The delivery time of 3 days is determined based on the needs of the customer. Since the program is implemented using the Internet, its delivery to the consumer will not require a significant investment of time.
Date of drawing up the document, signature of the customer's representative, seal.

How to justify the chosen method of determining the supplier

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

Acquisition of goods and services from organizations that belong to the category of natural monopolies and meet the standards of Article 147-FZ.
Purchase of material resources or works for an amount not exceeding 100 thousand rubles.
Acquisition of services of water supply, electricity supply, heat supply and the like.
Purchase of material assets and services intended for the elimination of the consequences of accidents and natural disasters.
Acquisition of printed publications in the event that the exclusive rights to the publication belong to only one company.
Visiting cultural events, museums, zoos and so on.
After the closed procedure for determining the supplier was declared invalid.

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

The bottom line is that it is necessary to show on what basis this or that procedure is chosen, and that the decision meets the requirements of the law. Authorities have been established to audit and control this function. During their verification, the purchase may be recognized as unreasonable. Initially, the obligation to justify the chosen method of determining the supplier (contractor, performer) caused many questions among the organizers.
There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail. Criteria for choosing a procurement method The rationale for choosing a supplier is a consequence of the correct selection of the method of carrying out the procedure. Criteria for choosing a procurement method: In some cases, the method is based on the requirements established in 44-FZ.

Purchasing from a single supplier under 44-fz

Purchasing from a single supplier under 44-FZ: what to consider

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

The absence of competitors from the selected company.
The timing of the purchase.
Inappropriate supply of goods or services by suppliers from other regions.
Lack of interest from other market participants.
Implementation of an additional purchase.

The reason is written in separate document and is endorsed only by the representative of the customer. Example of a report unified form does not exist for such a report. Each organization develops it individually.

Preparation for the tender

Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time, he must give a rationale for the method of determining the supplier, whether it will be an electronic auction or another procedure - it does not matter. Let's figure out how to do it right. Justification when choosing a procurement With the beginning of the procedure for justifying public procurement (GD dated 05.06.2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.

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

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

A complete list is listed in Article 96 of Law 44-FZ.
Comparative characteristics are carried out according to the main criteria. Additionally, you can evaluate the methods of choosing a supplier according to the rules for evaluating applications, the procedure for concluding a contract, or the principles for determining the winner.

The list given in the law is not subject to broad interpretation. Purchase from a single supplier The method is used in cooperation with natural monopolies or in the performance of mobilization work. An agreement within the framework of Article 93 of Law 44-FZ is concluded if there is an appropriate order from the Government, the President or another authorized body of Russia.

Involvement of a single supplier is also possible in the following cases:

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

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

services for the protection of the interests of the Russian Federation in the judicial bodies of foreign states, international courts and arbitration;
supply for the training of national teams in Olympic and Paralympic sports;
order after the decision made by the customer on unilateral refusal to execute the contract;
order medicines by decision of the medical commission;
ordering products of folk art crafts,

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

Justification of the method for determining the supplier purchase of heat energy example

Consider the rules for issuing such a document using the example of the purchase of a specialized computer system designed to calculate the NMCP. The report should include the following items:

Procurement method: from a single supplier in accordance with Part 1 of Article 94 of 44-FZ.
Contract price.
Justification of the chosen method. Purchased software should be calculated according to guidelines developed by the government of the Russian Federation. As a result of the market analysis, no other similar programs that fully meet the stated requirements were identified.
Justification of the price. The cost of the contract is determined by comparing the effective this moment market prices for similar products. Goods that have similar main features are recognized as similar.

How to justify the chosen method of determining the supplier

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Justification of the chosen method for determining the supplier according to 44-fz

What is important at this point is the specification of goods or services that cannot be found except from this supplier. These may include, for example, any kind of training. Form of substantiation from the monopolist 3. Forms of substantiation of the purchase by the Order of higher organizations.

AT this case we focus on orders that could be issued by your founders or organizations that have the right to set you the choice of one or another product that you need in your activities. Substantiation Form by Order 4. Determination of the Initial Maximum Price Contract in case of services. In it you need to write your name, and at least 3 sentences, on the basis of which the calculation of the NMCC will be made using the method of comparable market prices with homogeneity check.

The form will tell you what errors may occur when forming the contract price. NMCC for Services 5.

Examples of justification for purchases under 44-FZ and why it is needed

Business Law
tenders, contract system in the field of procurement

Procurement justification: justification rules, deadlines + sample forms

Article 18 of 44-FZ came into force on January 1, 2016, therefore, the first POs must be formed by Customers in the form of annexes to the procurement plan for 2017-2019. and schedule for 2017. Government Decree Russian Federation dated 05.06.2015 No. 555 “On establishing the procedure for substantiating the procurement of goods, works and services to ensure public and municipal needs and forms of such substantiation” are approved:

Rules for substantiating the procurement of goods, works and services;
Form of justification for the formation and approval of the procurement plan;
Form of justification for the formation and approval of the procurement schedule.

If changes are made to the procurement plan or schedule, changes must be simultaneously made to the relevant procurement justification forms.

How to justify the choice of the method of determining the supplier?

According to paragraph 5 of the "Rules" in relation to purchases carried out in accordance with paragraph 7 of part 2 of article 83 of 44-FZ, health care is carried out in accordance with the decision of the medical commission. According to paragraph 6 of the “Rules”, in relation to purchases made in accordance with paragraphs 4, 5, 26 and 33 of part 1 of article 93 of 44-FZ, the annual volume of these purchases is subject to justification. 2. Justification when forming a procurement plan When forming a procurement plan, each procurement object included in the procurement plan is subject to justification.
In the justification, the Customer must indicate the purpose of the procurement, incl. name of a specific event state program, specific functions and powers that provide for the implementation of the procurement, as well as the details of the standardization act adopted in accordance with Article 19 of 44-FZ, or an indication of its absence.

Rationale for the choice of supplier identification method

Request for Proposals The customer accepts and justifies the decision to conduct a request for proposals in situations where a contract (agreement) is concluded for:

services for the protection of the interests of the Russian Federation in the judicial bodies of foreign states, international courts and arbitration;
supply for the training of national teams in Olympic and Paralympic sports;
order after the decision made by the customer on unilateral refusal to execute the contract;
ordering medicines by decision of the medical commission;
ordering products of folk art crafts,

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

How to write a justification report for purchasing from a single supplier

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