How to pay direct contracts up to 100 thousand. Options for objective reasons for small purchases

Features of purchases for small amounts

DOES THE OFFICIAL SITE PUBLISH A NOTIFICATION ON A PURCHASE MADE OUT OF THE SCHEDULE FOR THE AMOUNT OF UP TO 100 THOUSAND. RUB.?

The customer plans to purchase from heating networks (monopolist) in the amount of up to 100 thousand rubles. The purchase is not included in the schedule.

Is the customer obliged to place a notice of the purchase on the official website?

On this issue, we adhere to the following position. The purchase indicated in the question cannot be carried out on the grounds provided for in paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ. Information about the purchase must be reflected in the schedule, and the notice of the purchase must be posted by the customer on the official website.

Justification of the position

In accordance with Part 1 of Art. 24 of the Federal Law of 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, when making purchases, customers use competitive methods to determine the supplier (contractor, performer) or purchase from a single counterparty . The method of determining the counterparty the customer, by virtue of Part 5 of Art. 24 of Law No. 44-FZ, selects in accordance with the provisions of Ch. 3 of this Law, while he is not entitled to take actions that entail an unreasonable reduction in the number of procurement participants. And by virtue of Part 2 of Art. 48 of Law No. 44-FZ, the customer in all cases purchases through open competition, except as provided for in Art. 56, 57, 59, 72, 83, 84 and 93 of this Law.

Thus, the purchase from a single counterparty is allowed by Law No. 44-FZ as exceptions, an exhaustive list of which is given in Part 1 of Art. 93 of this Law. So, according to paragraph 8 of part 1 of Art. 93 of Law No. 44-FZ, it is allowed to purchase from a single counterparty services for water supply, sanitation, heat supply, gas supply (with the exception of services for the sale of liquefied gas), for connection (connection) to engineering networks for regulated in accordance with the law Russian Federation prices (tariffs). In addition, on the basis of paragraph 1 of Part 1 of Art. 93 FZ-44, it is possible to purchase goods, works or services from a single counterparty that fall within the scope of activities of subjects of natural monopolies in accordance with Federal Law No. 147-FZ of August 17, 1995 “On Natural Monopolies”, including energy (clause 1, article 4 of this Law).

According to part 2 of Art. 93 of Law No. 44-FZ, when purchasing from a single supplier (contractor, performer) in the cases provided for in paragraphs 1 - 3, 6 - 8, 11 - 14, 16 - 19, part 1 of Art. 93, the customer places in the unified information system notification of the implementation of such a purchase no later than five days before the date of conclusion of the contract.

System analysis, part 1, art. 93 of Law No. 44-FZ shows that each of the points of this part is an independent basis for the purchase. The application of the majority of those specified in Part 1 of Art. 93 of Law No. 44-FZ of cases due to the presence of certain features of goods, works, services, special legal regulation any market, the special status of the counterparty, the peculiarity of the situation in which the customer is located, etc. And only paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, which establishes the possibility of purchasing for an amount not exceeding 100 thousand rubles, and clause 5 of this part allow the purchase from a single counterparty in the absence of special grounds, depending only on the amount of each contract and the total amount of the purchase based on the data points. From this, in our opinion, it follows that the basis for the purchase from a single counterparty under paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ for an amount not exceeding 100 thousand rubles, is precisely the absence of any special grounds provided for by other paragraphs of this part. The customer is not entitled to choose the basis for the purchase from a single counterparty between the clauses providing for “general” grounds (clauses 4 and 5 of part 1 of article 93 of Law No. 44-FZ) and clauses providing for special grounds (other clauses of part 1 of Art. 93 of Law No. 44-FZ, including paragraph 1 or paragraph 8 of this part). After all, the fulfillment of public law obligations established by law cannot be made dependent on the will of the obligated person (the decision to consider the purchase carried out on the basis of a different norm).

In connection with the foregoing, we believe that each of the grounds specified in Part 1 of Art. 93 of Law No. 44-FZ, is independent, and the purchase of services for the transmission of thermal energy or services for heat supply, even if the contract amount does not exceed 100 thousand rubles, must be carried out on the basis of, respectively, paragraph 1 or paragraph 8 of part 2. 1 st. 93 of Law No. 44-FZ, which involves posting a notice on the official website about such a purchase.

In conclusion, we note that if the corresponding purchase is not provided for by the schedule, the customer, no later than ten calendar days before the date of placement on the official website of the notice of the purchase, is obliged to make appropriate changes to the schedule for placing orders for 2015, guided by the Procedure, approved by the order of the Ministry economic development of the Russian Federation and the Federal Treasury dated December 27, 2011 No. 761/20n, as well as the Features approved by the order of the Ministry of Economic Development of the Russian Federation and the Federal Treasury dated September 20, 2013 No. 544/18n, and then posted on the official website in the manner prescribed by Part 2 of Art. 93 of Law No. 44-FZ, notice of procurement.

CAN THE CUSTOMER DO WITHOUT JUSTIFICATION OF THE NMCC AND EXAMINATION WHEN PURCHASING UP TO 100 THOUSAND. RUB. AT A SINGLE CONTRACTOR?

Do customers need to justify the initial (maximum) price of a contract with a single counterparty and an examination in the event of a purchase of goods, work or services for an amount not exceeding 100 thousand rubles. (on the basis of clause 4, part 1, article 93 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”)?

This question is answered by experts of the legal consulting service GARANT Nadezhda Verkhova and Alexey Alexandrov.

After considering the issue, we came to the following conclusions:

1) conducting an examination of the results of the execution of contracts concluded on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, is mandatory. However, such an examination can be carried out by the customer without the involvement of third-party experts or expert organizations;

2) the customer is not obliged to justify the price of the contract with a single counterparty, concluded on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, neither in the contract itself, nor in a separate report.

Rationale for the conclusion

1. According to Part 3 of Art. 94 of Law No. 44-FZ, in order to verify the results provided by the supplier (contractor, performer), provided for by the contract, in terms of their compliance with the terms of the contract, the customer is obliged to conduct an examination. Examination of the results stipulated by the contract can be carried out by the customer on its own or with the involvement of experts, expert organizations on the basis of contracts concluded in accordance with Law No. 44-FZ.

Cases when the customer is not obliged to involve experts or expert organizations in the examination of the delivered goods, work performed or services rendered, are established by Parts 4 and 4.1 of Art. 94 of Law No. 44-FZ. These include, in particular, purchases made from a single counterparty on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ.

As you can see, in itself, the examination of the delivered goods, work performed, services rendered under the contract is mandatory when using any method of procurement. Law No. 44-FZ establishes only cases when, during the examination, it is not mandatory to involve experts, expert organizations. Therefore, the examination of the results of the execution of contracts concluded on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ is mandatory, however, the customer has the right to conduct such an examination independently, without the involvement of third parties.

Requirements for the procedure for conducting an examination by the customer are not established by law. Within the meaning of the provisions of paragraph 1, part 1, part 7, Art. 94 of Law No. 44-FZ, such an examination is actually equivalent to checking the goods, the result of work, services during their acceptance, which is provided for by law (Article 474, paragraphs 2, 3 of Article 513, paragraphs 1 - 3 of Article 720 of the Civil Code of the Russian Federation ), and, if desired, can be carried out by an acceptance committee specially created by the customer (part 6 of article 94 of Law No. 44-FZ). At the same time, the need to draw up a conclusion on the results of the examination is provided only for the case of an examination with the involvement of experts, expert organizations (part 5 of article 94 of Law No. 44-FZ). Within the meaning of the provisions of Part 7 of Art. 94 of Law No. 44-FZ, in the event of an examination by the customer, the acceptance of the results of the contract is formalized by any signed by the customer (and in the case of an acceptance committee, by all members of the acceptance committee and approved by the customer) an acceptance document (for example, an act) confirming the conformity of the quality of the goods (work) , services) terms of the contract. Other documents, including a report on the performance of the contract, are not required to be drawn up in this situation (part 9 of article 94 of Law No. 44-FZ).

2. In accordance with Part 1 of Art. 22 of Law No. 44-FZ, the initial (maximum) price of the contract and, in the cases provided for by this Law, the price of the contract concluded with a single supplier (contractor, performer, hereinafter referred to as the counterparty) are determined and justified by the customer through the application of one or more of the methods listed in this part . In other words, the customer is obliged to justify the price of a contract concluded with a single counterparty only in cases where this is provided for by Law No. 44-FZ.

According to part 3 of Art. 93 of Law No. 44-FZ, the requirement for the need to justify, when purchasing from a single counterparty, the impossibility or inappropriateness of using other methods for determining the counterparty, price and other essential terms of the contract, provided for by this rule, does not apply to cases of procurement from a single counterparty on the grounds provided for in paragraph 4 part 1 of this article.

Thus, by virtue of a direct indication of the law, the customer is not obliged to justify the price of the contract with a single counterparty concluded on the basis of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, neither in the contract itself, nor in a separate report. This is also indicated in paragraph 38 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28I-1889 “On sending answers to questions received”.

Note that according to paragraph "and" subpara. 2 clause 5 of the Specifics, approved by order of the Ministry of Economic Development of Russia and the Federal Treasury of September 20, 2013 No. 544/18n, column 9 of the schedule should indicate the initial (maximum) price of the contract (in thousand rubles), which is determined by the customer in accordance with the requirements of art. 22 of Law No. 44-FZ. Moreover, there are no exceptions for the case of determining the price of a contract concluded on the grounds provided for in paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ (in order to reflect it in the schedule), the Features are not provided. Literally from the above paragraph of the Features, it follows that the customer is obliged to determine the initial (maximum) price of the contract by applying the methods specified in Art. 22 of Law No. 44-FZ, and only after that reflect the result in the schedule. The reflection in the schedule of an arbitrarily determined (including without using the methods specified in Article 22 of Law No. 44-FZ) estimated contract price in the above situation formally does not comply with the law. In our opinion, in order to comply with paragraph "and" subpara. 2, paragraph 5 of the Features, it is advisable to ensure that there is documentary evidence that the price reflected in the schedule generally corresponds to the level of market prices for similar services. Such confirmation can be not only commercial offers suppliers (contractors, performers), sent at the request of the customer, but also publicly available price information, including those posted in the public domain on the Internet (clauses 3.7 - 3.7.4.8 methodological recommendations, approved by the order of the Ministry of Economic Development of Russia dated 02.10.2013 No. 567).

As amended by Federal Law No. 140-FZ of 04.06.2014, clause 4, part 1, art. 93 of Law 44-FZ sounds like the purchase of goods, work or services for an amount not exceeding one hundred thousand rubles. At the same time, the annual volume of purchases that the customer has the right to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles.

Contracts up to 100 thousand under 44 fz in 2018

The specified restrictions on the annual volume of purchases that the customer is entitled to make on the basis of this clause do not apply to purchases made by customers to meet municipal needs. rural settlements.

In relation to the federal executive body that makes 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 indicated restrictions on the annual volume of purchases that the customer has the right to make on the basis of this clause is made separately for such a federal body executive branch and each such public authority.

Within the meaning of the above article, the legislator has simplified the procurement process for customers with a small total annual volume, allowing them to conclude contracts for a total amount of up to 2 million rubles per year by splitting (conclusion) up to 100 thousand rubles.

The following examples can be given as examples for a correct understanding of the article.

1) Organization with a total annual volume of 10 million rubles. Previously, it was possible to conclude contracts in the amount of only 5%, which left the possibility of concluding contracts (up to 100,000 rubles) in the amount of 500,000 rubles a year.

By virtue of changes within the framework of Law 140-FZ, the above customer has the right to conclude contracts (up to 100,000 rubles) for 2 million rubles a year.

2) Organization with a total annual volume of 100 million rubles. The annual volume of purchases (up to 100,000 rubles) should not exceed five percent of the total annual volume of purchases of the customer, i.e. the customer has the right to conclude contracts (up to 100,000 rubles) for 5 million rubles a year.

By virtue of Federal Law No. 140-FZ of June 4, 2014, the provisions of Clause 4 of Part 1 of Article 93 apply to legal relations that arose from January 1, 2014.

Consequently, for organizations with a small cumulative annual volume, the legislator made life easier if someone had already exhausted the five percent limit.

Before the changes introduced by Law 140-FZ, when concluding a contract (up to 100,000 rubles), there must be a list of the following documents:

1) Justification of the impossibility or inappropriateness of using other methods for determining the supplier (contractor, performer) with the definition of the essential terms of the contract (for example: delivery time, price, scope of work, etc.).

2) Rationale for the NMTsK.

3) Contract.

4) The act of acceptance of goods, works, services, confirmed by documents (for example: consignment note, certificates, etc.).

5) Report on the performance of the contract.

Due to the changes introduced by the Federal Law of 04.06.2014 N 140-FZ, when concluding a contract up to 100,000 rubles, it is no longer required to provide a justification on the impossibility or inappropriateness of using other methods of determining the supplier, justification and calculation of the NMC, and the execution of the contract is carried out in a general manner.

However, in accordance with Part 1 of Art. 73 of the RF BC, recipients of budgetary funds are required to keep registers of purchases made without the conclusion of state or municipal contracts.

Within the framework of Part 2. Art. 73 of the RF BC, registers of purchases made without the conclusion of state or municipal contracts must contain the following information:

• short name of the purchased goods, works and services;
• name and location of suppliers, contractors and service providers;
• price and date of purchase.

Consequently, the customer must maintain an internal register of purchases under contracts up to 100,000 and 400,000 rubles.

In what year is the purchase for 2018 concluded in 2017 taken into account Purchases for an amount not exceeding one hundred thousand rubles have restrictions on the total amount per year. The annual volume of purchases that the customer can make under paragraph 4 of Part 1 of Art. 93 of Federal Law No. 44-FZ, should not exceed: 1) either 2 million rubles per year; 2) or 5% of the total annual volume of purchases and not more than 50 million rubles. Aggregate annual volume of purchases - the total amount of financial security approved for the corresponding financial year for the purchase by the customer, including for the payment of contracts concluded before the beginning of the specified financial year and payable in the specified financial year.

We are preparing a draft contract under 44-FZ

In some cases, an expert assessment of the quality of fulfillment by the supplier of its obligations is carried out.

• Payment by the customer for goods or services delivered to him.
• When purchasing up to 100 thousand rubles, the customer is not obligated to place a corresponding notice in the EIS. All documents relating to this procedure, the customer is obliged to keep.

  Such actions of the customer are qualified as a deliberate violation of the current legislation. If such a violation is detected, the concluded transactions are recognized as sham.

  Consequently, all contractual obligations are cancelled.

Purchases of small volume 44-fz

But at the same time, he must keep a log of registration of concluded contracts and related documentation. At the end of the reporting period, reports are generated that are already published in the EIS.

Attention

But the customer is obliged to include such procedures in the procurement schedule, making a separate line. The customer can keep records both manually and using special programs that will display all the information: planned, ongoing and completed auctions.

Purchases of small volume 44-FZ

At the same time, there is a possibility of unfair use of small volume purchases. Some customers deliberately divide a larger contract into several procedures up to 100 thousand rubles.

rub. and conclude several contracts with the same organization. Such a transaction may be recognized as illegal, as a result of which the customer will be held administratively liable.

The purpose of any tender is to win the right to supply goods or provide any services. All the nuances of the transaction must be specified in the text of the contract, and it, in turn, may contain an advance payment clause. Prepayment under 44-FZ - when may it be needed? Advance payment is always a risk. The chance that a contractor can take an advance payment under 44 FZ and not fulfill his part of the contract is an integral part of Russian business everyday.

Of course, there are mechanisms for returning money, but funds that are unexpectedly withdrawn from circulation for a long time do not contribute to the company's growth. Advance payment under 44-FZ Laws and by-laws provide for several mechanisms to protect against fraud.

Important changes in procurement under 44-FZ since 2018

• the terms and procedure for payment for services rendered and work performed, as well as for delivered products;
• responsibility of the parties to the contract for violation of the conditions specified in it (the amount of sanctions for the customer and the winner of the tender).

Making changes to the draft contract So, in what cases is it possible to change the agreement in question? The general rules are:

• if it is provided for by the documentation, then in agreement with the participant, the customer has the right to increase the volume of products, while by an amount that does not exceed the initial maximum price of the agreement;
• at the request of the winning bidder, if the draft contract does not comply with the documentation and the notice of the procurement.

It should be noted that the winner of the auction has the right to send a protocol of disagreements, indicating the provisions that do not correspond to the notice and documentation.

100 prepayment under 44 fz 2018

What is the best limit for low volume purchases? If we talk about options for using restrictions for small public procurements up to 100 thousand rubles, then large government agencies, concluding a large volume of contracts, it will be more profitable to use the method - 5% of the total volume of annual purchases (hereinafter referred to as SOGZ). For example, SOGZ for a year at a municipal institution is 300 million rubles.
rub., in this case, using the “five percent” method, the organization has the right to purchase up to 100 thousand rubles. for 15 million rubles. - which corresponds to a limit of 50 million for such transactions.

And organizations whose annual volume does not exceed 40 million rubles. it is much more profitable to use the limit of 2 million rubles. Because the amount of 5% of the SSS will in any case be less than the two million indicated.

Purchases up to 400 thousand rubles According to the legislation, transactions up to 400 thousand rubles.

Question-answer: rationale for the purchase of up to 100 thousand rubles

The simplest and fastest procurement procedure is the purchase of goods and services from a single supplier. According to paragraph 4 of Article 93 44-FZ, each state and municipal institution has the right to purchase goods and services from a specific supplier for an amount not exceeding 100 thousand rubles. At the same time, the number of such procedures should not exceed the established limits. When it is allowed to carry out Acquisition of goods and services by a budgetary institution for an amount not exceeding 100 thousand rubles is classified as a small volume purchase.
Such procedures do not imply the implementation of tenders. The contract is concluded directly with the selected supplier. It is allowed to draw up such contracts if the annual volume of small purchases does not exceed 2 million rubles or 5% of the SGOZ.
The customer can independently choose this threshold from the two proposed options, based on the annual volume of purchases. For small organizations, it is beneficial to apply the threshold of 2 million rubles.

This allows you to quickly necessary work. The described limits do not apply to agricultural enterprises.

For organizations of executive power, the thresholds are determined individually. Such rules are regulated by the norms of Article 93 44-FZ.

Insurance LawPermalink

Calculation of the possible number of small purchases and their reflection in the schedule When calculating the limits for small purchases, it is necessary to take into account all contracts executed before the next financial period, but paid after it began. If a company has a sufficiently large turnover, then it is better for them to calculate the limits based on 5% of the GSS. For the rest of the organization, a fixed amount of 2 million rubles is considered the most preferable. Here is an exemplary method for calculating such a limit. The organization was allocated 100 million rubles for procurement. We determine 5% of the SGOZ. This amount will be equal to 5 million rubles. At the same time, the rule is observed that 5% of the SGOZ should not exceed 50 million rubles. Therefore, 5 million is more profitable to accept as a limit.

The procedure and terms of payment under contracts under fz 44

Purchases of small volume (up to 100 and 400 thousand)

The customer can independently choose this threshold from the two proposed options, based on the annual volume of purchases. For small organizations, it is beneficial to apply the threshold of 2 million rubles.
Thus, the customer can purchase any goods and services at a price of one contract of not more than 100 thousand rubles until the above limits are exhausted. As a rule, organizations prefer to purchase electricity, heat, transport maintenance services, expert evaluation, and the like using this method.

Purchases up to 100 thousand under 44-FZ. Rules for concluding "direct contracts"

This allows you to carry out the necessary work in the shortest possible time. The described limits do not apply to agricultural enterprises. For organizations of executive power, the thresholds are determined individually. Such rules are regulated by the norms of Article 93 44-FZ.

Purchases up to 100 thousand rubles under 44-FZ: features of the

In addition, a transaction can be concluded in any form provided for by civil law for transactions. Do I need to enter "direct" in the register of contracts and in the report on the execution of contracts? Unlike all concluded contracts, this type of contracts is not reflected in the unified information system, and this right is enshrined in Part 1 of Article 103 and Part 3 of Article 94 of the Law.

There is an exception. The specified restrictions regarding financial resources do not apply to purchases made by administrations and institutions subordinate to them in rural settlements to meet the needs of such rural settlements, respectively. What is the responsibility? In accordance with Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation, an erroneous choice of a procurement method is punishable by an administrative fine of 30 thousand rubles for executive customer.

What is the payment term under the contract up to 100,000 rubles?

Attention

The Government of the Russian Federation (Part 5, Article 34 of Law No. 44-FZ). The customer has the right not to include this condition in the contract in cases provided for in Part 15 of Article 34 of Law N 44-FZ.

In what cases can the customer not include a condition on the terms of payment in the contract? By virtue of part 15 of article 34 of Law No. 44-FZ, the customer has the right not to apply the requirements of parts 4-9, 11-13 of this article when concluding a contract with a single supplier in the following cases:

• procurement of goods, work or services that fall within the scope of activities of subjects of natural monopolies in accordance with Law No. 147-FZ “On Natural Monopolies”, or services of a central depository;
• the purchase is carried out by a state or municipal educational organization, a state or municipal institution from among those named in paragraph 5 of part 1 of article 93 of Law No. 44-FZ for an amount not exceeding 400 thousand rubles.

Deadlines for payment of contracts by customers have been tightened

The authors of the law on state and municipal purchases provided for the possibility for the customer to purchase any product from any counterparty he likes. But at the same time, lawmakers have imposed some features and restrictions on such purchases.

Among state and municipal customers, this type of contract is most often called “direct”… How much to spend Money for "direct contracts"? In accordance with the requirements of paragraph 4 of clause 1 of part 93 of article 44 of the federal law, the customer is entitled to make purchases for an amount not exceeding 100 thousand rubles for each contract. At the same time, the total amount of contracts concluded per year should not exceed 2 million rubles.

rubles, or, to be no more than 5% of the total annual volume of purchases, but not more than 50 million rubles. When concluding such contracts, customers have the right to choose any object of procurement.

We reveal the key features of direct agreements, the subject composition, allowable limits, as well as the difference from other transactions without bidding.

General provisions

In practice, public procurers enter into various transactions, including within the framework of external economic activity(FEA). There is a definition of such a transaction in this area. 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 trade contract is an agreement concluded by a Russian importer and a direct manufacturer of goods. Accordingly, it is the subject, rather, of customs legislation, and not of the contract system.

Direct purchases under 44 FZ are nothing more than an order from a single supplier without competitive procedures. Such a process is regulated by Article 93 44-FZ. There are two types of agreements:

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

When conducting a small purchase, it is not required to justify the impossibility (inappropriateness) of other methods for determining the supplier, as well as the contract price and other essential conditions.

Placing information in the EIS on such public procurement is not mandatory. However, the customer is advised to keep a register of contracts and store all documentation, since at the end of the financial year such purchases will need to be reported by compiling reports that are posted, including in the EIS.

Direct contracts up to 100,000 rubles

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

An important detail of concluding a contract up to 100,000 rubles is the inclusion in it of the grounds according to which the state customer makes 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 state or municipal cultural institutions whose main activity is the preservation and promotion of cultural heritage, as well as other state or municipal educational institutions and other institutions listed in paragraph 5 of part 1 of Art.

Purchases up to 100 thousand under 44-FZ and reflected in the 2018 schedule

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.

For exceeding the allowable limits, the customer may be held administratively liable under Part 1 of Art. 7.29 of the Code of Administrative Offenses of the Russian Federation. Fines under this article start at 30,000 rubles. In order to avoid them, the customer is advised to keep track of the amounts spent and maintain a separate register for such contracts.

Example

Consider an example when we purchase an oak plank under a direct contract. The customer determines the object of the order, price, conditions. Then brings this information to the planned performer. If the proposal is accepted, both parties agree and sign the contract.

In practice, government purchasers enter into various transactions, including within the framework of foreign economic activity (FEA). There is a definition of such a transaction in this area. 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 trade contract is an agreement concluded by a Russian importer and a direct manufacturer of goods. Accordingly, it is the subject, rather, of customs legislation, and not of the contract system.

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

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

Placing information in the EIS on such public procurement is not mandatory. However, the customer is advised to keep a register of contracts and store all documentation, since at the end of the financial year such purchases will need to be reported by compiling reports that are posted, including in the EIS.

Since 03/01/2019, it has been working for small-volume purchases and public procurement of medicines by decision of the medical commission. The name of this platform is EAT Beryozka. Federal executive authorities, including state institutions that are under their jurisdiction, conclude direct contracts on it. As for law enforcement agencies, they fell under the exceptions and carry out 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 levels.

"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 in the 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 specified annual volume limits are not valid for procedures carried out by customers to meet the municipal needs of rural settlements.

An important detail of concluding a contract up to 100,000 rubles is the inclusion in it of the grounds according to which the state customer makes 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 state or municipal cultural institutions whose main activity is the preservation and promotion of cultural heritage objects, 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.

Tatyana Trefilova,
vice-rector for scientific and innovation activities FGBOU "Institute for the Development of Additional vocational education"

The questions of our users regarding the application of the Federal Law of April 5, 2013 No. 44-FZ "" are answered by Ph.D., Professor of the Department of State and Corporate Procurement, Vice-Rector for Research and Innovation Activities of the FGBOU "Institute for the Development of Additional Professional Education" , corresponding member of the Russian Academy of Natural Sciences.

From this material you will learn how to conclude a contract for the lease of non-residential premises, whether it is possible to create a single contract service for several institutions, whether purchases from natural monopolies are included in the schedule, as well as purchases in the amount of less than 100 thousand rubles. and much more.

About Transition Procurement

Is it a violation to place the schedule for 2014 in December 2013 according to the old rules - without taking into account established by order The Ministry of Economic Development of Russia and the Treasury of Russia dated September 20, 2013 No. 544/18n ?

Vova

No, it's not. But the specified one came into force on January 1, 2014, and therefore, from January 1, 2014, your schedule must be brought into line with this order.

Starting from January 1, 2014, individual subdivisions of the customer continue to locate and operate buildings occupied under lease agreements for non-residential premises concluded for a period from January 1, 2013 to December 30, 2013. Non-residential premises are located in sparsely populated areas where there are no other premises and cannot be. The owners of the premises are monopolists (administration or individuals). The amount of rent for each room exceeds 100 thousand rubles. per quarter.

Owners do not want to participate in tenders and auctions. The buildings have been operated by the customer's divisions for many years and significant investments have been made in them.

How to conclude agreements or contracts if holding a tender or auction does not make sense, and how to pay for the actual rental time from January 1, 2014?

Andrey Simakov

In accordance with the Federal Law of December 28, 2013 No. 396-FZ "", amendments were made, according to which the cases of procurement from a single supplier (contractor, performer) include the lease of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a subject of the Russian Federation, municipal needs, determined accordingly by a legal act of the Government of the Russian Federation, the highest executive body state power of the subject of the Russian Federation, local administration.

If your rental case does not fall under, you can pay rent by - for an amount not exceeding 100 thousand rubles. [the total volume of purchases carried out on the basis of this paragraph is calculated for the annual period. - Ed.] Note that the purchases under item have nothing to do with the quarterly period.

The auction notice was posted in December 2013, the consideration of the first and second parts of the applications is carried out on January 13, 2014. At the same time, it is already known that the auction did not take place (one application was received that meets the requirements and was recognized as the winner).

Is it necessary in this case to coordinate the conclusion of a contract with an authorized body in the field of control (Rosoboronzakaz, FAS Russia) in accordance with Law No. 44-FZ ?

Marina Cucumber

No, this is not necessary. The joint Ministry of Economic Development of Russia and the Federal Antimonopoly Service of Russia dated December 27, December 30, 2013 No. 29401-EE/D28i, AD/53811/13 states that the placement of orders, notifications of the implementation of which are posted on the Procurement Portal or invitations to participate in which are sent until January 1, 2014, is carried out in accordance with the Federal Law of July 21, 2005 No. 94-FZ "" (hereinafter - Law No. 94-FZ), including when:

• making decisions on making changes to the tender documentation, auction documentation, refusal to conduct bidding;
• clarification of the provisions of the tender documentation;
• implementation of admission or refusal of admission to participation in the auction, determination of the winner of the auction, request for quotations;
• concluding contracts, agreeing to conclude a contract with a single supplier in the event that the placement of an order is declared invalid;
• exercising control over compliance with the legislation of the Russian Federation on the placement of orders.

On the rules for the appointment and activities of a contract manager

The Autonomous Medical Institution is subordinate to the Department of Health, which has several other smaller medical institutions in its jurisdiction.

Is it possible to create a single contract service (and does it also need a contract manager?) on the basis of the largest autonomous medical institution in order to make purchases for all medical institutions subordinated to the Department?

And if so, how to arrange it? Is it sufficient to order the Department to carry out this work by one of the institutions and reallocate funds to this institution?

Natalia Zolotukhina, Oleg Dyakov

It is impossible to create a single contract service. It is possible, on the basis of an authorized state institution, to centralize procurement in accordance with. At the same time, customers create contract services(appoint contract managers) who perform functions in accordance with Law No. 44-FZ, not transferred to such an authorized institution.

We have 40 schools and 20 kindergartens in the region. There are no budget allocations for the training of employees of each school and kindergarten to perform the functions of a contract manager. Can two contract managers work on behalf of all schools and kindergartens under agreements, or should each institution have its own separate contract manager?

Alexander

Each institution has its own contract manager.

FORMS


Other forms, samples and forms of documents under Law No. 44-FZ can be found.

On purchases of small volume (up to 100 thousand rubles) from a single supplier

Can our institution conclude contracts up to 100 thousand rubles in 2013? (small volume purchases) for 2014? Will they be included in the total annual volume of purchases that the customer is entitled to make from a single supplier (no more than 5% of the total amount of funds for all purchases in accordance with ) and should such contracts be accounted for in 2014 financial statements?

Municipal government institution, Snezhinsk, Chelyabinsk region

On the question of whether the concluded contracts will include up to 100 thousand rubles. in 2013 with payment in 2014 in the total annual volume of purchases, with respect to which 5% of the volume of purchases is calculated according to there are different opinions.

The Ministry of Economic Development of Russia in a letter dated November 8, 2013 No. OG-D28-15539 "" indicated that if the customer concludes an agreement in 2013 financed from the budget limits of 2014, the customer does not take into account the amount of this agreement when calculating the total volume of the schedule purchases for 2014.

Department state and municipal order of the Kemerovo OFAS Russia on a similar issue, in terms of calculating the volume for procurement through a request for quotations, he indicated: "According to in 2014 and 2015, the calculation of the total annual volume of purchases provided for by the customers is carried out without using schedules. The entry of these legal norms has been delayed until January 1, 2016. Therefore, it is not possible to calculate the total annual volume of purchases carried out by requesting quotations in percentage terms.

We state that customers (authorized bodies) have only two restrictive criteria for the implementation of Law No. 44-FZ from January 1, 2014 (in terms of compliance with the law when placing orders by requesting quotations):

• the impossibility of placing orders by requesting quotations with an indication of an amount of more than 500 thousand rubles as the initial (maximum) price of the contract. We are talking about the restriction when conducting each individual quotation;
• the total annual volume of purchases carried out through a request for quotations cannot be more than 100 million rubles. in year".

My opinion is as follows. In 2013, customers entered into contracts up to 100 thousand rubles. in accordance with, guided by the order of the Ministry of Economic Development of Russia dated June 7, 2011 No. 273 "". From January 1, 2014, neither Law No. 94-FZ nor the above order of the Ministry of Economic Development of Russia are in effect. Customers make purchases up to 100 thousand rubles. in accordance with . At the same time, the calculation of the total annual volume of purchases provided for by this paragraph of Law No. 44-FZ is carried out by customers without using schedules. The legislation of the Russian Federation does not define how the total annual volume of purchases in 2014-2015 is calculated.

Therefore, the customer independently decides on the total annual volume of purchases in 2014-2015. Based on the foregoing, the volume of small purchases can be determined based on the adjusted volume of financing for 2014, despite the fact that the customer assumed obligations in 2013 for a part of such adjusted volume.

Example: in 2014, the customer was brought 1 million rubles. At the same time, in 2013, in accordance with the contract, the customer placed 500 thousand rubles, payment for which is made in 2014. 5% purchase volume in accordance with is calculated from 1 million rubles. and is 50 thousand rubles.

Purchases up to 100 thousand rubles. from a single supplier can be made only if the total annual volume of such purchases does not exceed 5% of the amount of funds provided for all purchases of the customer in accordance with the schedule ().

CZN Zelenogorsk

The legislation of the Russian Federation does not define how the total annual volume of purchases in 2014-2015 is calculated. Therefore, the customer independently decides on the total annual volume of purchases in 2014-2015.

Purchases from subjects of natural monopolies are included in the schedule.

The institution was given limits, according to which, under the item "Purchase of goods, works, services", the amount of financing for 2014 was brought in the amount of 50 thousand rubles. The institution needs to conclude an agreement for the provision of services for the publication of official materials, an agreement for the supply of office supplies, and other agreements.

Does this institution have the right, using, to conclude contracts with several single suppliers, provided that the amount under the contract with each of the suppliers will be no more than 2.5 thousand rubles. (5% of 50 thousand rubles) or the institution is obliged to apply competitive methods for determining the supplier (requests for quotations, tender, auction, request for proposals) in the amount of at least 47.5 thousand and only the amount of 2.5 thousand rubles. has the right to use for purchases from a single supplier?

O. Anuchina

There are no exceptions to this part in Law No. 44-FZ. Therefore, by 47.5 thousand rubles. You must carry out competitive methods for determining the supplier (contractor, performer).

Can a municipal budgetary educational institution additional education children to purchase from a single supplier in accordance with ?

Head teacher

Yes maybe.

A budgetary educational institution makes a purchase in accordance with (up to 400 thousand rubles). How can you justify this purchase?

For example, we buy ready-made meals for the school from a single supplier in the amount of 250 thousand rubles. Should we justify the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer) in a documented report posted in a single information system (), or can we simply refer to this paragraph of the law? If they have to justify, then how? There are no organizations in our city that would specialize in the preparation of baby food and we conclude an agreement with a trusted supplier (from an individual entrepreneur).

Hope Knysh

An educational institution has the right to conclude contracts with a single supplier up to 100 thousand rubles () but not more than 5% of the amount of funds provided for all purchases in accordance with the schedule.

We invite you to discuss the application of Law No. 44-FZ on our site.