Report on the impossibility and inappropriateness of using other methods. The procedure for justifying the method of determining the supplier (contractor, performer) Justification of the chosen method for determining the supplier electronic auction

With the entry into force of the Procedure for Justification of Government Procurement (GD dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule. In the form accompanying the schedule, columns No. 8 and 9 are introduced, in which the customer includes information about the method for determining the supplier (contractor, performer) and the reasons for this choice.

The need to justify is provided for in Art. 18 of the Law on the contract system (44-FZ). The point is that it is necessary to show on what basis a particular procedure was chosen, and that the decision complies with the requirements of the law. Bodies have been created to audit and control this function. During their inspection, the purchase may be recognized as unjustified.

Initially, the obligation to justify the chosen method of identifying a supplier (contractor, performer) raised 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 procedure.

Criteria for choosing a procurement method:

subject and terms of the contract;
parameters for identifying the winner;
optimal timing.

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

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

A wide range of cases has been established when a 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 the RP dated March 21, 2016 No. 471-r);
Only one criterion for determining the winner is established - the contract price.

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

Open competition

In cases in which the customer determines the winner according to the criteria better conditions execution of the contract, the order is justified as an open tender.

Limited Participation Competition

Two-stage competition

In this case, purchases fall into exceptions and do not comply with the FAS federal bodies executive power, which 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. The list of such bodies, institutions and enterprises must be approved by a separate Government Resolution.

Electronic sealed bidding

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

Maximum rules and guidelines are addressed to the organizers of the open competition and auction. The amount and procedure for providing security by the 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 is required to make a deposit or provide a bank guarantee in the amount of 0.5 to 5% of the initial cost of the order. Persons classified by law as preferential categories have the right to limit themselves to a security of 2% (Article 44 of Law 44-FZ). The contract performance guarantee is set in the range from 5 to 30%. A decrease in the NMC by ¼ or more during trading is grounds for increasing the collateral by 1.5 times. At the same time, the law provides for increased rates when concluding agreements with a large advance or fee exceeding 30 million rubles.

How to justify the chosen method of identifying a supplier

Can be done in the following cases:

carrying out procurement from the government List of goods, works, services for the provision of humanitarian assistance or liquidation of the consequences of emergency situations (approved by RP dated September 30, 2013 No. 1765-r);
carrying out 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);
NMCC does not exceed 500,000 rubles;
the total annual volume of purchases with quotations does not exceed 10% of the amount of funds for all purchases and does not exceed 100 million rubles per year.

Open competition In cases in which the customer determines the winner based on the criteria for the best terms of the contract, the order is justified as an open competition.

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 competition Information must be placed in the unified information system 20 days before the actual opening of envelopes (access to applications on the virtual trading platform). Any adjustments must be made 5 days before moving to the next stage. However, changes cannot be made to the volume of purchase or the amount of security.

Electronic auction The legal requirements are soft. The customer is given 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 studying applications, or earlier.

Auction organizers are required to comply with the ban on changing procurement volumes, as well as increasing collateral. Request for quotation The customer should rely on a standard one-week 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. Selecting a supplier in this form is not permitted 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 appears in the case of purchasing products, services or works included in the 2019 government list. Subjects of the Russian Federation can also create their own lists. Request for quotations The method is suitable for purchases worth 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.

Request for proposals The list of cases of using the method is clearly defined by Article 83 of Law 44-FZ.

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

Let's consider the rules for drawing up such a document using the example of purchasing a specialized computer system intended for calculating the NMCC. The report should consist of the following items:

Purchasing method: from sole supplier in accordance with Part 1 of Article 94 44-FZ.
Contract price.
Justification of the chosen method. The purchased software must carry out calculations in accordance with the methodological recommendations developed by the Russian government. As a result of the market analysis, no other similar programs that fully meet the stated requirements were identified.
Price justification. The contract value is determined by comparing current market prices for similar goods. Products that have similar basic characteristics are recognized as similar.

How to justify the chosen method of identifying a supplier

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

What is important at this point is the specification of goods or services that cannot be found except from that supplier. These may include, for example, any type of training. Justification form for the monopolist 3. Forms of justification for purchases according to the Order of higher organizations.

In this case, we focus on orders that could be issued by your founders or organizations that have the right to determine the choice of a particular product that you need in your activities. Justification form for Order 4. Determination of the Initial Maximum Contract Price in the case of services. In it you need to write down your name, and at least 3 sentences, on the basis of which the NMCC will be calculated using the method of comparable market prices with a check of homogeneity.

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

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

Business law
Tenders, contract system in the field of procurement

Justification of purchases: justification rules, terms + sample forms

Article 18 of 44-FZ came into force on January 1, 2016, therefore Customers must form the first OZ in the form of annexes to the procurement plan for 2017-2019. and schedule for 2017. Decree of the Government of the Russian Federation dated June 5, 2015 No. 555 “On establishing the procedure for justifying the purchase of goods, works and services to meet state and municipal needs and the forms of such justification” approved:

Rules for justifying the procurement of goods, works and services;
Justification form for the formation and approval of the procurement plan;
Justification form for the formation and approval of the procurement plan and schedule.

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

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

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

Justification for choosing a supplier identification method

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

services for protecting the interests of the Russian Federation in the judicial authorities of foreign states, international courts and arbitration;
supplies for the preparation of national teams in Olympic and Paralympic sports;
order after the customer has made a decision to unilaterally refuse to fulfill the contract;
ordering medications according to the decision of the medical commission;
ordering folk art products,

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

How to write a report on the rationale for purchasing from a single supplier

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On 10/01/2019, Federal Law No. 71-FZ dated 05/01/2019 came into force. It states that in 2020 the object, method of procurement and NMCC are not justified.

As justified before

The planning stage for the customer is a complex and scrupulous procedure. The organization must not only develop a government procurement plan and create a schedule based on it, but also justify each order included in the planning documents (Article 18 44-FZ). Current legislation provides for mandatory reasons for procurement activities:

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

The type of document form and the procedure for preparing the explanatory form for the PP 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. We will show how by using the example of justification of the procurement schedule and plan.

The OZ must be prepared within the deadlines 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 has been formed, it is necessary to prepare a justification for the compliance of the object in terms of procurement. And it is necessary to provide reasons for each object (item) of the order that the customer organization included in the planned register. To confirm the effectiveness and expediency of the procedure, 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) regulating a specific procedure.

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

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

Procurement plan justification form

An example of justification for a procurement plan for 2020

An example of justification for procurement when creating a procurement plan in the Unified Information System: step-by-step instructions

1. You need to go to the Personal Account to the “Procurement Register” tab, select the plan to be generated and on the tab panel go to the “Purchases Goals and Justification” dialog box.

2. In the window that opens, fill in all the lines in accordance with the existing legal regulations and the previously drawn up document. 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 UIS”, a hyperlink will open and the “Search for standardization rules” dialog box will appear.

3. In the “Rule Search”, all the appropriate parameters are entered and a direct search is launched in the UIS. The required normative act is selected by confirming the action. If the standardization rules were not found, the corresponding mark is set in the “Not found in the Unified Information System” cell.

4. When manually entering standardization rules, you must fill in all the necessary lines and click on the “Add” button.

5. Once all the required lines have been generated, you must click the “Complete” 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 PO positions, click “Next” and fill out 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 of determining the supplier, contractor, performer (Chapter 3 44-FZ);
NMCC - it is necessary to prepare a justification for the method of determining the NMCC in the schedule and a clear, correct calculation of the initial (maximum) contract price (Article 22 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 appendix to the schedule includes the following information:

name of the item of the order and its consistent description;
the initial (maximum) price of a specific contract;
method of defining and arguing the NMCC;
confirmation of the impossibility of using the methods from Part 1 of Art. 22 44-FZ;
additional requirements for participants;
method of determining the executor of the contract.

Document form for schedule

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