The procedure for substantiating the method for determining the supplier (contractor, performer)

1. This procedure for substantiating the method for determining the supplier (contractor, contractor) (hereinafter referred to as the Procedure) was developed in order to form a unified approach to determining and justifying by state and municipal customers the method for determining the supplier (contractor, contractor) (hereinafter referred to as the procurement method) during planning and implementation purchases for needs Subject of the Russian Federation in accordance with the provisions federal law from 01.01.2001 "O contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Federal Law).

2. State and municipal customers making purchases for the needs Subject of the Russian Federation(hereinafter referred to as customers), it is recommended to determine and justify the method of procurement in accordance with this Procedure.

3. In order to make purchases for the needs of the Subject of the Russian Federation, the following methods of purchase can be used:

competition with limited participation,

two stage competition

a closed competition

closed competition with limited participation,

Closed two-stage competition)

a closed auction

· request for quotations,

· request for proposals.

4. The determination of the procurement method is carried out by customers in accordance with clauses 6.1-6.9 of this Procedure based on the following criteria for choosing the procurement method:

4.1. the subject and conditions for the execution of the contract concluded as a result of the procurement;

4.2. initial (maximum) contract price;

4.3. criteria for determining the winner;

4.4. the required period for meeting the need for the procurement object.

The conditions for choosing a procurement method are given in Appendix 1 to this Procedure.

5. Based on the results of the choice of the procurement method, the customer forms the Justification for the method of determining the supplier (contractor, performer) in the form given in Appendix 2 to this Procedure.

6. Choice of procurement method

6.1. The customer decides on procurement from a single supplier (contractor, performer) in the following cases:

1) procurement of goods, work or services 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";

2) procurement for state needs from a single supplier (contractor, performer), determined by decree or order of the President Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, performer) determined by a resolution or order of the Government of the Russian Federation;

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

19) conclusion of contracts for the provision of services related to the provision of visits of heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation computer equipment, providing food);

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

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

22) conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for gratuitous use or operational management to the customer, if these services are provided to another person or other persons using non-residential premises located in the building in which they are located premises transferred to the customer for free use or operational management;

23) recognition of the supplier (contractor, performer) as invalid by a closed method and acceptance by the customer in accordance with the provisions of Part 9 of Article 89 and Article 92 of the Federal Law in agreement with the Government of the Russian Federation authorized to perform these functions federal body executive power decisions on procurement from a single supplier (contractor, performer);

24) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, electronic auction, request for quotations, request for proposals and acceptance by the customer in accordance with parts 1 and 7 of article 55, parts 1 - 3 of article 71, parts 1 and 3 of article 79, part 18 of article 83 of the Federal Law of the decision to purchase from a single supplier (contractor, performer ). Such a decision of the customer is agreed upon when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively, with the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense orders, the executive authority of the constituent entity of the Russian Federation Federation, body local government municipal district or local self-government body of the city district authorized to exercise control in the field of procurement;

25) conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as participation in festivals, concerts, performances and similar cultural events(including tours) on the basis of invitations to attend these events. At the same time, such services include providing travel to the place of a business trip, the place of the specified events and back, renting a dwelling, transport services, providing meals;

26) conclusion of a contract for the provision of services of a lawyer in connection with the appointment of a lawyer by an inquiry body, a preliminary investigation body, a court to participate as a defense counsel in criminal proceedings in accordance with the Code of Criminal Procedure of the Russian Federation or a court to participate as a representative in civil proceedings in accordance with with the Civil Procedure Code of the Russian Federation;

27) procurement of medicines that are intended to be prescribed to a patient in the presence of medical indications (individual intolerance, according to vital indications) by decision of the medical commission, which is reflected in the patient's medical documents and the journal of the medical commission. The customer has the right to conclude a contract for the supply of medicinal products in accordance with this paragraph for an amount not exceeding two hundred thousand rubles. At the same time, the volume of purchased medicinal products should not exceed the volume of such drugs necessary for the specified patient during the period necessary for the procurement of medicinal products in accordance with the provisions of clause 7 of part 2 of Article 83 of the Federal Law. In addition, when purchasing medicines in accordance with the provisions of this paragraph, the subject of one contract cannot be medicines intended for prescription to two or more patients;

28) procurement of goods, works, services in order to provide humanitarian assistance or eliminate the consequences emergencies of a natural or man-made nature, provided that such goods, works, services are not included in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies established by the Government of the Russian Federation, and the use of other methods of procurement is inappropriate due to the time spent.

6.2. Decision to conduct request for proposals accepted in the following cases:

1) conclusion of an energy supply contract or a contract for the purchase and sale of electrical energy with a guaranteeing supplier of electrical energy;

2) conclusion of a contract for the supply of sports equipment and equipment, sports equipment necessary for the training of sports teams of the Russian Federation in Olympic and Paralympic sports, as well as for the participation of sports teams of the Russian Federation in the Olympic Games and Paralympic Games;

5) procurement by diplomatic missions and consular offices of the Russian Federation, trade missions of the Russian Federation, official representative offices of the Russian Federation international organizations and other customers operating outside the territory of the Russian Federation, to ensure such activities if the initial (maximum) contract price does not exceed fifteen million rubles;

8) the re-tender was declared invalid (on the following grounds: a) at the end of the bid submission period, only one bid was submitted, while such an bid was recognized as complying with the requirements of the Federal Law and tender documentation; b) based on the results of consideration of applications for participation in the tender, only one application is recognized as complying with the requirements of the Federal Law and tender documentation; , tender documentation)

or an electronic auction (on the following grounds: a) at the end of the deadline for filing applications for participation in an electronic auction, only one application was submitted or not a single application was submitted; b) based on the results of consideration of the first parts of applications for participation in an electronic auction, the auction commission decided to refuse admission to participation in such an auction of all procurement participants who submitted applications for participation in it, or on the recognition of only one procurement participant who submitted an application for participation in such an auction as its participant);

6.3. In cases not provided for in paragraphs 6.1 and 6.2 of this Procedure, the customer decides on for an amount not exceeding one hundred thousand rubles (hereinafter referred to as the “purchase of a small volume”), including when purchasing goods, works, services included in, is accepted subject to the following conditions:

6.3.1. the total annual volume of "small volume purchases" made by the customer does not exceed five percent of the amount of funds provided for the implementation of all purchases of the customer;

6.3.2. the total annual volume of “small volume purchases” made by the customer does not exceed fifty million rubles a year;

6.3.3. conducting competitive procedures is inappropriate, including for the following reasons: the inability to obtain cost savings by increasing competition through competitive procurement, due to time consuming, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.4. When making a purchase for the purpose of providing humanitarian assistance or eliminating the consequences of natural or man-made emergencies, a decision is made on conducting a request for quotations in order to provide humanitarian assistance or eliminate the consequences of natural or man-made emergencies provided that the purchased goods, works, services are included in the List of goods, works, services necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies established by the Government of the Russian Federation. In the event that goods, works, services purchased for the purpose of providing humanitarian assistance or liquidating the consequences of natural or man-made emergencies are not included in the specified list, if the need arises to purchase such goods due to force majeure, provided that the use of other methods of procurement is inappropriate due to the time spent, the customer decides on purchase from a single supplier (contractor, performer) . In other cases of procurement for the purpose of rendering humanitarian assistance or liquidating the consequences of natural or man-made emergencies, the method of procurement is determined in accordance with this Procedure.

6.5. When purchasing goods, works, services included in the list of products, the purchases of which are carried out through an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the supreme executive body state power subject of the Russian Federation, for an amount exceeding five hundred thousand rubles, the customer decides to conduct electronic auction .

6.6. When purchasing goods, works, services included in the list of products, the purchase of which is carried out through an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation, in the amount of one hundred thousand rubles to five hundred thousand rubles, the customer decides to conduct request for quotations provided that the total annual volume of purchases made by the customer through a request for quotations does not exceed ten percent of the funds provided for the implementation of all purchases of the customer; the total annual volume of purchases made by the customer through a request for quotations does not exceed one hundred million rubles a year, holding an electronic auction is inappropriate, including for the following reasons: there is no possibility of obtaining savings by increasing competition through an electronic auction, due to the time spent, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.7. In cases not provided for in paragraphs 6.1-6.6 of this Procedure, when making purchases, when the only criterion for determining the winner is the price of the contract, the customer makes a decision on the purchase by conducting electronic auction, except for the case when the initial (maximum) price of the contract does not exceed five hundred thousand rubles. In the latter case, the customer decides to carry out request for quotations provided that the total annual volume of purchases made by the customer through a request for quotations does not exceed ten percent of the amount of funds provided for the implementation of all purchases of the customer; the total annual volume of purchases made by the customer through a request for quotations does not exceed one hundred million rubles a year, holding an electronic auction is inappropriate, including for the following reasons: there is no possibility of obtaining savings by increasing competition through an electronic auction, due to the time spent, lack of interest in obtaining an order from potential suppliers (performers, contractors).

6.8. In cases not provided for in paragraphs 6.1-6.7 of this Procedure, the customer decides to hold a tender.

6.8.1. When making purchases in accordance with the List of cases and (or) the procedure for classifying goods, works, services as goods, works, services that, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors, performers) who have the required level of qualification established by the Government of the Russian Federation, the customer decides to conduct competition with limited participation ;

6.8.2. The customer decides to carry out two-stage competition while meeting the following conditions:

1) the competition is held to conclude a contract for scientific research, design work(including architectural and construction design), experiments, research, for the supply of innovative and high-tech products, an energy service contract, as well as for the purpose of creating a work of literature or art, performance (as a result of intellectual activity);

6.8.3. In cases not provided for in paragraphs 6.1-6.7 of this Procedure, except for the cases specified in subparagraphs 6.8.1, 6.8.2 of this paragraph, the customer decides to conduct open competition .

6.9. In the cases provided for in paragraphs 6.5, 6.7, 6.8.3, 6.8.1, 6.8.2 of this Procedure, in agreement with the federal executive body authorized by the Government of the Russian Federation to perform these functions, the customer may decide to conduct closed auction , closed competition , closed competition with limited participation , closed two-stage competition in the following cases:

1) procurement of goods, works, services necessary to meet federal needs, if information about such needs constitutes a state secret;

2) procurement of goods, works, services, information about which constitutes a state secret, provided that such information is contained in the procurement documentation or in the draft contract;

3) conclusion of contracts for the provision of services for insurance, transportation and protection of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation, for the provision of services for insurance, transportation, protection of museum objects and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies) having historical, artistic or other cultural significance and transferred by customers to individuals or legal entities or accepted by customers from individuals or legal entities for temporary possession and use or for temporary use, including in connection with holding exhibitions on the territory of the Russian Federation and (or) the territories of foreign states;

4) procurement of cleaning services, services of drivers to ensure the activities of judges, bailiffs.

Appendix 1

Conditions for applying the methods for determining the supplier (contractor, performer)

Procurement methods should be determined taking into account the possibility of conducting closed procedures, as described in clause 6.9 of this Procedure.

Appendix 2

to the Procedure for substantiating the method for determining the supplier (contractor, performer)

Justification of the method for determining the supplier (contractor, performer)

Justification of additional requirements for procurement participants:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

The list of products, the purchases of which are carried out by holding an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation

The list of products, the purchases of which are carried out by holding an electronic auction, established by the Government of the Russian Federation, or in an additional list established by the highest executive body of state power of a constituent entity of the Russian Federation

In case of justification for the application of a tender with limited participation

Maximum rules and instructions are addressed to the organizers of the open competition and auction. The amount and procedure for providing security Third criterion comparative characteristics became a system of guarantees. Lawyers analyzed the requirements for securing applications and contracts. Open competition When submitting an application, the participant must pay a deposit or provide a bank guarantee in the amount of 0.5 to 5% of the initial order value. Persons assigned by law to preferential categories, has the right to be limited to a security of 2% (Article 44 of Law 44-FZ). The contract performance guarantee is set within the range from 5 to 30%. Decrease in the course of trading NMC by ¼ or more is the basis for increasing the security by 1.5 times. At the same time, the law provides for increased rates when concluding agreements with a large advance payment or fee exceeding 30 million rubles.

How to justify the chosen method of determining the supplier

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 better conditions execution of the contract, the order is justified as an open tender.

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

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Purchasing from a single supplier under 44-fz

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Open tender It is necessary to place information in the unified information system 20 days before the actual opening of the envelopes (access to bids on the virtual trading platform). Any adjustments must be made 5 days before moving on to the next stage. At the same time, it is not possible to make changes to the volume of purchase or the amount of security.

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

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

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

Attention

Electronic auction There are no restrictions. The obligation to choose a method arises in the case of the purchase of products, services or works included in the 2019-r government list. The subjects of the Russian Federation can also form their own lists. Request for quotations The method is suitable for purchases in the amount of up to 500,000 rubles. At the same time, the cost of contracts should not exceed 10% of the funding allocated to the customer for the reporting period.

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.
If the customer violates the procedure for submitting a report, he will be punished. Supervisory authorities impose a fine in the prescribed amount. Compilation of such a report helps to prevent the use of corruption schemes and unjustified purchases from an affiliated supplier.

How to justify the chosen method of determining the supplier

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

1. Acquisition of goods and services from organizations that belong to the category of natural monopolies and meet the standards of Article 147-FZ.
2. Purchase of material resources or works for an amount not exceeding 100 thousand rubles.
3. Acquisition of services of water supply, electricity supply, heat supply and the like.
4. Purchase of material assets and services intended for the elimination of the consequences of accidents and natural disasters.
5. Acquisition of printed publications in the event that the exclusive rights to the publication belong to only one company.
6. Visiting cultural events, museums, zoos and so on.
7. 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 a separate document and endorsed only by the customer's representative. An example of a report There is no unified form for compiling 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 form accompanying 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.

• 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 items. Terms of the 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;
• 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.

With the beginning of the procedure for justifying public procurement (GD dated June 5, 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 information on the method for determining the supplier (contractor, performer) and the reasons for such a choice.

The need to substantiate is provided for by Art. 18 of the Law on the contract system (44-FZ). The bottom line is that it is necessary to show on what basis this or that procedure 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 justification 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:

• subject and conditions of the contract;
• parameters for determining the winner;
• optimal timing.

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

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

A wide list of cases has been established when the customer can conduct an electronic auction. This procedure is mandatory when:

• it is planned to order goods, works, services that are included in the government List (approved by RP dated 03/21/2016 No. 471-r);
• only one criterion for determining the winner is established - the price of the contract.

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

Open competition

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.

Limited Entry Competition

Two-stage competition

At the same time, purchases of federal executive bodies that draw up and implement state policy in the field of defense, management and security, as well as state institutions and state unitary enterprises subordinate to them, fall into exceptions and are not consistent with the FAS. The list of such bodies, institutions and enterprises must be approved by a separate Government Decree.

Electronic closed auction

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

What is the rationale for choosing a supplier?

Every year, before the start of a new reporting period, customers are required to publish planning documentation in the Unified Information System - 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 being formed for the method of determining a supplier for an electronic auction, for open and closed tender procedures in paper and electronic form, for requests for quotations and proposals, that is, for all competitive procedures. If the customer plans to conclude an agreement with a single supplier, then a document is drawn up that not only justifies the choice, but also confirms the impossibility of 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 website of the expert council under the Government, the procedure for substantiating the method for determining the 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 conduct 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, emergency medical care (Article 76);
• providing humanitarian assistance, liquidating the consequences of natural, man-made emergencies (Articles 80, 82);
• closed procedures (Article 84);
• purchases from a single supplier (Article 93);
• orders by decision of the Government of the Russian Federation (Article 111).

This list is enshrined in paragraph 44 of Art. 112 44-FZ. Therefore, to justify the paper method 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

The list of orders that can be carried out through an 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 the purchase 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 request for quotations for the 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 indicated in the List of GWS of technical or technological complexity, innovative, high-tech or specialized nature (GD RF 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:

• invalidation of an 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 article 55.1 44-FZ);
• acquisition of housing for orphans and children left without parental care from owners (only individuals) of apartments;
• ordering sports equipment and equipment for training teams in Olympic and Paralympic sports;
• purchase of medicines prescribed by decision of the 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