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Strengthening the control of the authorities over the procurement procedure requires customers to draw up a competent justification for the conditions of such procurement. The justification procedure for public procurement is regulated by Art. 18 of Law No. 44 and depends on the type of specific purchase, the method of choosing the contractor and the characteristics of the business sector in which the purchase is made.

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The concept and types of justification for the purchase

Justification is a document in which the customer proves the necessity of each condition in order to achieve the goals. The justification is drawn up at the stage of public procurement planning, and the finished document is checked by supervisory authorities, including

Legal regulation of procurement security is implemented:

• local regulations.

What conditions need to be justified

There are two main types of justifications:

• for the procurement plan;
• for the schedule.

For the procurement plan, you need to justify the need to purchase each type of product or package of services, as well as the execution of the amount of work of each type. For example, if the purchase includes the supply and installation of equipment, then the justification is drawn up for each group of the same type of goods and separately for the list of installation works.

For the schedule, the initial cost of the contract and the method of choosing the contractor for the order are justified. When justifying the price, one should take into account the recommendations given in the Order of the Ministry of Economic Development No. 567.

Justification procedure

Procurement justification is prepared in the following order:

1. The customer is determined from the purchase and makes her plan.
2. A rationale is drawn up for each group of objects.
3. Searching for potential(suppliers) of the required objects.
4. The customer is determined with the procedure for selecting the contractor and contract.
5. A procurement schedule is being drawn up for the coming year.
6. Justification is being drawn up for the schedule.

The rationale for the procurement plan is made in the form of a table that contains a list of procurement objects (goods, services or works of each type). The table should contain the following information:

• purchase number;
• object names;
• purchase purpose;
• rationale for each object;
• links to regulations;
• responsible person's signature and date.

When justifying the presence in the order of goods or services that have, it is necessary to indicate the absence of such goods on the domestic market of the country or the unsuitable characteristics of goods from local manufacturers.

It is important to take into account that the rationale for each object of the order must be drawn up based on the objectives of the purchase and the requirements of the legislation for goods, services and works that can be purchased by budgetary institutions. The establishment of such requirements is regulated by Art. 19 of law no. 44.

The search for contractors can be carried out through the official procurement portal and the websites of specialized organizations that produce the goods the customer needs or perform the required work. If there is more than one potential executor, the customer announces; if the contractor is a monopolist, the customer makes a purchase from a single supplier.

• starting price contract;
• price justification methodology;
• price justification according to the chosen method;
• method of choosing the executor of the order and its justification;
• list of special order requirements(if any) and their justification.

Terms of preparation of the document

The preparation of the rationale for the procurement plan must be carried out within 10 days from the date of transfer of targeted funds from the budget for procurement, the purpose of which is:

• implementation of federal programs;
• functioning of federal budgetary institutions or authorities.

The deadlines for preparing the justification for purchases carried out by institutions of regional significance are approved by the government of the region, and municipal enterprises prepare the justification within the time limits regulated by local regulations.

Justification for purchasing from a single supplier

Purchasing from implies that the customer does not conduct a competitive purchase (competition or auction) among potential contractors, but independently selects such a contractor and concludes a contract with him. The preparation of justification in this case includes the following steps:

1. The customer searches for suppliers desired goods or services.
2. An analysis of the prospects for confinement is being carried out with each potential supplier producing goods or services suitable for the customer.
3. Substantiation of purchase from a single supplier.

The reasons for concluding a contract without a tender or auction may include:

• urgent need in the required goods or services;
• absence of other performers products of this type in the region;
• special conditions from a single performer.

When the customer does not have time to organize competitive procurement (for example, when ordering emergency response work), then the justification should indicate that spending time on procurement can lead to serious disruptions in the work of the customer's institution.

If there is an obvious connection between the product and the buyer, for example, a kindergarten orders furniture for preschoolers, then it is enough to indicate in column 6 of the report that the contract is necessary for the kindergarten to exercise its powers to care for children. When there is no such direct connection, for example, a kindergarten is going to purchase the services of a car mechanic, it is necessary to explain in writing in the appropriate column why such services are needed. For example, you can write that the services of a car mechanic are needed to repair buses used to transport children. Clarifications in the schedule When approving the schedule, you will need to fill out a different form. It is also approved by government decree No. 555 and looks like this: It has 10 columns, the first three of which are filled in by analogy with the previous form.

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

In the second, you need to comment on the total annual volume of orders when they relate to:

• procedures with a certain amount up to 100,000 or 400,000 rubles;
• business trips, participation in cultural events;
• list of business trips, events in accordance with invitations;
• teaching services, guide services;
• educational and excursion activities.

It is important to remember that when making changes to planning documents, you must also make changes to individual forms of your explanations. An example of justifying a procurement schedule plan An example based on an extract from a real document posted in the EIS.

Procurement justification example

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:

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

We draw up a justification for the compliance of the procurement object

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.

Justification of the procurement plan and schedule plan

The organization must not only develop a public procurement plan and form a schedule based on it, but also justify each order entered into planning documents (Article 18 44- How - we will show by the example of substantiating the procurement schedule and plan. from a single supplier In addition, the customer must specify:

• the initial price of the contract and its justification;
• method of determining and justifying the price;
• how the provider is identified and the reasons for doing so;
• grounds for putting forward additional requirements for participants.

As an example, consider one of the positions in the schedule of a metropolitan school that intends to purchase building materials.
RF, municipal program (column 5) - "Activity 1.2.1" Organization of the provision of public and free primary general, basic general, secondary general education, creation of conditions for the supervision and care of children in after-school groups and the maintenance of children in the MBOU "School - boarding school;

• substantiation of the compliance of the object and (or) objects of the order with the measure of the state (municipal) program (column 6) - “Ensuring the activities of a general education institution in terms of organizing the provision of public and free primary general, basic general, secondary general education, creating conditions for supervision and childcare in extended day care groups.

Justification in the schedule When forming the schedule plan, the initial (maximum) price of the contract (IMCP) and the method of determining the procedure are subject to justification.
An example of justifying a purchase from a single supplier What is the object of purchase and how to describe it The object of purchase is, in its way, an analogue of the terms of reference, the effectiveness of the procurement procedures depends on its correct description. The object of procurement is, according to 44-FZ, a fixation of qualitative and quantitative characteristics (standard) that allow it to be identified. The description of the public procurement object should be extremely objective and specific so that the customer receives the maximum number of relevant proposals and chooses the winner.
The description must include all available characteristics: functional, qualitative and technical, as well as its operational properties. It is forbidden to refer to trademarks or trade names and indicate other requirements that will limit the number of participants.

An example of justification for the purchase of communication services

Justification example A frequent question that arises when it is necessary to justify the compliance of the procurement object 2018 - what to write? The customer is repeatedly asked by him when drawing up a plan of orders and a schedule. Let's answer this question with an example. Column 3. Services for the transfer of public services for the registration of acts of civil status and the issuance of a hunting ticket into electronic form.

The contract concluded following the results of the purchase has the same name. Column 4. The State Program of the Russian Federation "Information Society (2011-2020)", Decree of the Government of the Russian Federation of April 15, 2014 No. 313. Column 5. In accordance with the program from column 4.

An example of justification for the purchase of telephone services

Therefore, in its letter, the Ministry of Economic Development emphasized that the customer has the right to independently determine which comment on the NMCC would be acceptable for presentation in the table (Letter of October 26, 2016 No. D28i-2944). Government Decree No. 555 proposes to separately consider the rules for explaining the procurement of medicines as part of a request for proposals (clause 7, part 2, article 83 44-FZ) and from a single supplier (clauses 4, 5, 26, 33, part 1, art. 93 44-FZ). In these cases, the filling rules are simpler. Columns 5, 6, 9, 10 do not need to be filled in for the indicated orders in the table of explanations to the schedule.
In the first case (drugs), the explanation is based on the decision of the medical commission.

Info

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.

What is the object of procurement and how to describe it The object of procurement is in its way an analogue of the terms of reference, the effectiveness of the procurement procedures depends on its correct description. The object of procurement is, according to 44-FZ, a fixation of qualitative and quantitative characteristics (standard) that allow it to be identified. The description of the public procurement object should be extremely objective and specific so that the customer receives the maximum number of relevant proposals and chooses the winner.

The description must include all available characteristics: functional, qualitative and technical, as well as its operational properties. It is forbidden to refer to trademarks or trade names and indicate other requirements that will limit the number of participants.
Sources for the formation of the description can be:

1. Previously executed contracts.
2. Official websites (or other sources of information) of state and municipal bodies.
3. Normative documents, technical norms, standards, regulations and other sets of rules.
4. Information from published scientific articles in journals and other sources of information.
5. Other sources.

On October 1, 2019, Federal Law No. 71-FZ of May 1, 2019 came into force. 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 mandatory argumentation of procurement activities:

• 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 timeframes established by the RF PP for customer organizations at the federal level, authorized executive authorities for institutions at the level of a constituent entity 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 normative act is selected by confirming the action. 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 for participants in 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

formation, approval and maintenance of the schedule
The rules and form of substantiation of purchases of goods, works, services during the formation of the schedule were approved by the Decree of the Government of the Russian Federation dated June 05, 2015 No. 555 “On establishing the procedure for substantiating the purchases of goods, works, services to meet state and municipal needs and the forms of such substantiation”.

In the schedule for each lot, the following is subject to justification:

The initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer);

The method of determining the supplier (contractor, performer);

Additional requirements for procurement participants, if any.

For purchases made in accordance with paragraphs 4, 5, 26 and 33 of part 1 of Article 93 Federal Law No. 44-FZ, the annual volume of these purchases is subject to justification.

If changes are made to the schedule for the lot, changes are made to the procurement justification form.
Justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) is carried out in the manner prescribed by article 22Federal Law No. 44-FZ.

When justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), it is necessary to be guided by the order of the Ministry of Economic Development of the Russian Federation dated October 2, 2013 No. the price of a contract concluded with a single supplier (contractor, performer) ”(hereinafter referred to as the Methodological Recommendations).

In accordance with clause 2.1 of the Guidelines, the justification of the NMCC is to calculate the indicated price with reference information and documents, or specifying the details of the documents on the basis of which the calculation was made. At the same time, the justification of the NMCC, which is to be placed in the public domain on the information and telecommunication network "Internet" (hereinafter referred to as the "Internet"), does not indicate the names of suppliers (contractors, performers) who provided the relevant information.

Examples of filling in the justification for procurement during the formation and approval of the schedule are given in Appendix No. 1.
Application No. 1

Examples of filling out a procurement rationale when forming and approving a schedule

Hello dear colleague! In today's article, we will consider such an interesting topic as the rationale for procurement 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.

1. What is a purchase rationale?

Procurement justification (PZ) - 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. 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.

3. Rationale for the formation of the schedule

According to part 3 of article 18 of 44-FZ, when forming a schedule, the following are subject to justification:

2) a method for determining the supplier (contractor, performer) in accordance with Chapter 3 of 44-FZ;

3) additional requirements for procurement participants.

I recommend that you also watch a video review of the new procurement justification service - “Justify!” . This service will be useful for both customers and suppliers.

4. Terms of preparation of the justification for procurement

The deadlines for the preparation of EPs for federal Customers are established by the Government of the Russian Federation, for Customers of a constituent entity of the Russian Federation - by the highest executive body of state power of a constituent entity of the Russian Federation, and for municipal Customers - by the local administration.

5. Assessment of the validity of procurement

According to part 4. Article 18 44-FZ assessment of the validity of procurement is carried out in the course of monitoring, audit and control in the field of procurement.

According to the results of the audit and control in the field of procurement, a specific procurement may be recognized as unreasonable.

If the planned purchase is recognized as unreasonable, the control bodies specified in paragraph 3 of part 1 of article 99 of 44-FZ ( Note: these are the bodies of internal state (municipal) financial control), issue orders to eliminate identified violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement and bring to administrative responsibility persons guilty of violations of the requirements of 44-FZ, in the manner established by the Code Russian Federation on administrative offenses.

This concludes my short article. I hope that the above material was useful to you. I wish you good luck and see you in the next editions.

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