Purchase worth more than 100 thousand rubles. When is it allowed to conduct

The authors of the law on state and municipal procurement provided the customer with the opportunity to purchase any products from any counterparty they like. But at the same time, legislators have imposed some features and restrictions on such procurements. Among state and municipal customers, this type of contract is most often called “direct”...

How much money to spend on “direct contracts”?

In accordance with the requirements of paragraph 4 of paragraph 1 of part 93 of article 44 of the federal law, the customer has the right to make purchases in 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, or be no more than 5% of the total annual procurement volume, but not more than 50 million rubles.

When concluding such contracts, customers have the right to choose any procurement object. In addition, the transaction can be concluded in any form provided for by civil law for transactions.

Is it necessary to include “direct” in the register of contracts and in the report on the execution of contracts?

Unlike all concluded contracts, this type of agreement is not reflected in a single information system, and this right is enshrined in Part 1 and Part 3 of the Law.

There is an exception

The specified restrictions regarding financial resources do not apply to purchases carried out by administrations and institutions subordinate to them in rural settlements to meet the needs of such rural settlements.

What responsibility?

In accordance with Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation, an erroneous choice of procurement method is punishable by an administrative fine of 30 thousand rubles per official of the customer. Thus, in case of exceeding the limit described in this article, a fine may be imposed on the customer for each contract concluded in excess.

ATTENTION! To automatically generate all reports and check those already created in the UIS, use our software. The program will also check your purchases for errors for free, calculate the NMCC and SKP, help you find what you need, and much more!

Any government customer from time to time has to make purchases for small amounts. In some cases, their volume is so small that competitive bidding is considered irrational from an economic point of view. Therefore, the legislator allows small purchases under 44-FZ from a single supplier.
In this situation, a number of legislative norms apply.

Small procurement procedure

Small procurement procedure can only be carried out if the contract value does not exceed 100 or 400 thousand rubles. The size of the price limit directly depends on the procurement entity, the form of its organization, the scope of activity and the annual volume of purchases. All grounds for making such purchases are set out in detail in clause 4.5, part 1 of Art. 93 44-FZ.

Justification for small purchases

Absolutely every customer has a basis for purchasing from a single supplier for an amount less than 100 thousand rubles. While only certain types of organizations can purchase up to 400 thousand rubles without competitive bidding. But let's talk about everything in order.
So, for small purchases, restrictions on their annual volume limits come into force. Within the framework of the law on the contract system, two options are set out for calculating the maximum possible volume:
  1. for an amount not exceeding 2 million rubles per year;
  2. for an amount not exceeding 5% of the total annual financial volume of purchases of the enterprise.
When making calculations, it is also necessary to take into account contracts concluded before the start of a certain financial period, but paid after it began.
Thus, for a company with a large turnover, the second calculation option is much more profitable and convenient, while for others it is better to choose a fixed limit of 2 million rubles.
We are moving on to purchasing from a single supplier for amounts up to 400 thousand rubles. A limited number of customers have the right to conduct them. Among them are only municipal and state organizations:
  • cultural and educational institutions;
  • parks, zoos, nature reserves, botanical gardens;
  • theaters, museums, concert organizations, planetariums, circuses;
  • palaces and houses of culture, clubs;
  • archival and library institutions;
  • organizations related to television and radio broadcasting that have state or municipal funding.
There are also restrictions regarding them: the annual volume of purchases that the customer has the right to make must not exceed 50% of the total annual volume of purchases of the customer and should not amount to more than 20 million rubles.
The principle of calculation remains the same: the annual volume includes not concluded contracts, but contracts paid for the current period.

Procedure for small volume purchases: exceptions and limitations

Procedure for small volume purchases requires certain exceptions.
For example, when purchasing from agricultural sector institutions, limits are not calculated. This norm is enshrined in clause 4, part 1, art. 93 44-FZ.
In addition, when making small purchases, you have the right to be guided by special provisions federal authorities executive power. For them, restrictions on the annual volume of purchases up to 100 thousand rubles are calculated separately.
Finally, it is worth saying that some customers see permission to make small purchases from a single supplier as an opportunity to avoid organizing tenders or even transfer contracts directly to “their” company. To do this, they use artificial fragmentation of contracts, dividing one expensive lot into many 100,000-dollar contracts and concluding all of them with one organization. Such an action can be qualified as a sham transaction, which is an administrative offense and is punishable in accordance with Part 1.2 of Art. 7.29 Code of Administrative Offenses of the Russian Federation.

If you encounter such violations by government customers, you should immediately report them to the Federal Antimonopoly Service. Don't know how to properly draft a complaint or submit one? Our specialists will be happy to help you. Together with you, we will make the tender market competitive and transparent!

The material is the property of the site. Any use of the article without indicating the source - the site is prohibited in accordance with Article 1259 of the Civil Code of the Russian Federation



There is an exception. The specified restrictions regarding financial resources do not apply to purchases carried out by administrations and institutions subordinate to them in rural settlements to meet the needs of such rural settlements.

Payment under the contract up to 100 thousand under 44 Federal Laws

What responsibility? In accordance with Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation, an erroneous choice of procurement method is punishable by an administrative fine of 30 thousand rubles per official of the customer.

Attention

Revealing key features direct agreements, subject composition, permissible limits, as well as differences from other transactions without bidding.

General provisions

In practice, government purchasers enter into various transactions, including within the framework of external economic activity(VED). In this area there is a definition of such a transaction. However, you need to understand that direct purchases of foreign trade activities and direct contracts under 44-FZ have nothing in common. A direct foreign trade contract is an agreement concluded by a Russian importer and the direct manufacturer of the goods.

Small volume purchases 44-FZ

Accordingly, it is the subject of customs legislation rather than a contract system.

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

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

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

Placing information in the Unified Information System about such public procurement is not mandatory. However, it is recommended that the customer keep a log of contracts and store all documentation, since at the end of the financial year such purchases will need to be reported by drawing up reports that are posted, including in the Unified Information System.

Direct contracts up to 100,000 rubles

An agreement for an amount of up to 100,000 rubles is permitted if the annual volume of purchases on this basis does not exceed 2 million rubles. or does not exceed 5% of the SGDO and is no 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 basis according to which the state customer carries out the 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 government or municipal institution culture, whose main activity is the preservation and popularization of cultural heritage objects, as well as other state or municipal educational institutions and other institutions listed in clause 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 be higher than 50% of the SGOZ and amount to more than 20 million rubles.

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

Example

Let's consider an example when we purchase oak boards under a direct contract. The customer determines the object of the order, price, conditions. Then he brings this information to the planned performer. If the offer is accepted, both parties agree and sign the contract.

Purchases up to 100 thousand rubles, is it a violation of the contract for exactly 100 thousand rubles?

Calculation of the possible number of small purchases and their reflection in the schedule When calculating limits on small purchases, it is necessary to take into account all contracts issued before the next financial period, but paid after its start. If the company has a fairly large turnover, then it is better for them to calculate the limits based on 5% of the SDP. For other organizations, a fixed amount of 2 million rubles is considered the most preferable. Let us give an illustrative method for calculating such a limit. The organization has been 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 State Defense Fund should not exceed the mark of 50 million rubles. Therefore, it is more profitable to accept 5 million as a limit.

Procedure and terms of payment under contracts under Federal Law 44

Small volume purchases (up to 100 and 400 thousand)

The customer can independently choose this threshold from two proposed options, based on the annual volume of purchases. For small organizations, it is beneficial to use a threshold of 2 million rubles.
Thus, the customer can purchase any goods and services at a price of one contract of no more than 100 thousand rubles until the above limits are exhausted. As a rule, organizations prefer to purchase electricity, heat, transport maintenance services, expert assessments, and the like using this method.
This allows you to carry out necessary work. The described limits do not apply to agricultural enterprises. For executive branch organizations, thresholds are determined individually. Such rules are regulated by the provisions of Article 93 44-FZ.

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

In addition, the transaction can be concluded in any form provided for by civil law for transactions. Is it necessary to include “direct” in the register of contracts and in the report on the execution of contracts? Unlike all concluded contracts, this type of agreement 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 carried out by administrations and institutions subordinate to them in rural settlements to meet the needs of such rural settlements. What responsibility? In accordance with Part 1 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation, an erroneous choice of procurement method is punishable by an administrative fine of 30 thousand rubles per official of the customer.

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

Attention

Government Russian Federation(Part 5 of 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 No. 44-FZ.

In what cases may the customer not include a term of payment clause 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 sole supplier in the following cases:

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

Terms for payment of contracts by customers have been tightened

The authors of the law on state and municipal procurement provided for the ability of the customer to purchase any products from any counterparty they like. But at the same time, legislators have imposed some features and restrictions on such procurements.

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 paragraph 1 of part 93 of article 44 of the federal law, the customer has the right to make purchases in 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, or, amount to 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 procurement object.

Law N 44-FZ also does not contain restrictions on the acquisition of goods, works, services of the same name, which were introduced into the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs "to prevent the unreasonable fragmentation of a single order for goods of the same name in order to avoid the obligation to conduct tenders (see.

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

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 12, 2011 N 2518/11). Restrictions on the purchase of goods, works, services from a single supplier, contractor, performer (hereinafter referred to as the counterparty) in paragraphs. 4 and 5 hours 1 tbsp. 93 of Law No. 44-FZ are established in a different way, limiting total amount procurement based on these clauses, allowing the conclusion of a contract with a single counterparty depending only on the amount. From this we can conclude that the customer can also conclude contracts for the purchase of goods, works, services of the same name at any interval for an amount of up to 100 thousand rubles each, if the limit on the total annual purchase volume established by clause 4 or clause 5, part 1, art. 93 Law No. 44-FZ. A similar opinion was expressed in the letter of the Ministry of Economic Development of Russia dated February 12, 2016 N D28i-285.

However, it must be taken into account that regulatory authorities may take a different position. Since, based on Part 5 of Art. 24, Part 2, Article 48 of Law No. 44-FZ, procurement from a single counterparty is allowed only as an exception; it is quite possible to assume that the legal position of the Supreme Arbitration Court of the Russian Federation on the inadmissibility of unreasonable fragmentation of an order continues to remain relevant. In this regard, if goods, works, services purchased under several contracts actually technically and (or) functionally complement each other, then they can be qualified as sham transactions covering another transaction aimed at performing the entire range of works, providing the entire range of services, supply of the entire set of goods necessary for a specific purpose (for example, installation of a set of equipment) (Clause 2 of Article 170 of the Civil Code of the Russian Federation). At the same time, we note that technically and (or) functionally complementary goods, works, services do not necessarily have to be of the same name (homogeneous). In this case, you can raise the issue of purchasing in excess of 100 (500) thousand rubles without proper grounds. And making a decision on the method of determining the supplier (contractor, performer), including decisions on the purchase of goods, works, services to meet state and municipal needs from a single supplier (contractor, performer), in violation of the requirements, established by law RF on the contract system, can be qualified as an administrative offense, liability for which is provided for in Part 1. 1, 2 tbsp. 7.29 Code of Administrative Offenses of the Russian Federation.

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

Agreeing and signing a contract is an important stage of participation in procurement.

When winning a quote request, you must consider:

  • The period for agreeing and signing the contract is 7 days from the date of publication of the results of the request;
  • The winner must attach an extract from the register with two signed copies of the contract. Failure to provide an extract may result in negative consequences for the winner.

When winning other procurements, you must consider:

  • For approval and signing of the contract, 10 days from the date of publication of the results on the Internet;
  • A protocol of disagreements can be posted if the company data is incorrect, if the information in the contract is not identical to the information in the application.

Before agreeing and signing a contract, you must carefully study all the conditions and their compliance with the procurement notice, procurement documentation, and the winner’s application.

The procedure for interaction when signing a contract:

STEP1 . After the end of the auction, in case of victory, the specialist informs about the victory in the tender by means of telephone communication and email.

STEP2 . The specialist finds out how the participant will ensure the execution of the contract: by pledging funds or by issuing a guarantee. Sends to email or details for transferring funds as collateral, or requirements for issuing a bank guarantee.

STEP3 . If the participant wishes to issue a bank guarantee, a specialist will assist in obtaining the guarantee.

STEP4 . On the day of appearance in personal account draft contract, the specialist sends to the participant’s email:

  • Protocol for summing up the procurement results;
  • Draft contract;
  • Date and time of the deadline for signing the contract;
  • Information that the specialist needs to receive a scan of the payment order or a scan of the bank guarantee to sign the draft contract.

STEP5 . Upon receipt of a scan of either a payment order or a bank guarantee, the specialist signs the draft contract without waiting for the deadline for signing the contract, or the date indicated by the participant.

STEP6 . After signing the draft contract, the specialist informs the participant about this by telephone and email.

Dial our number or leave a request, and our specialists will advise you on the issues of registering a cash deposit or registering a BG, agreeing and signing a contract.

Service cost

Purchase of goods, works, services of the same name (homogeneous) in accordance with Law No. 44-FZ

Law No. 44-FZ does not establish requirements for the formation of the subject of the contract. It contains only the rules for describing the procurement object set out in Art. 33 of Law No. 44-FZ, from clause 1 of part 1 of which, as well as clause 1 of part 1 of Art. 31 of Law No. 44-FZ it follows that the object of procurement refers directly to goods, work, services, supply, performance, provision of which are the subject of the contract. At the same time, none of the provisions of Law No. 44-FZ requires that the subject of the contract be only one procurement object, and does not establish requirements for the combination of different procurement objects within the subject of one contract.

Certain restrictions on such a combination arise only from Part 3 of Art. 17 of the Federal Law of July 26, 2006 N 135-FZ "On the Protection of Competition", which establishes a ban on restricting competition between bidders and requesting quotations by including in the lots products (goods, works, services) that are technologically and functionally unrelated to the goods , works, services, supplies, performance, provision of which are the subject of bidding or request for quotation. However, the legislation does not contain a prohibition on dividing the purchase of related goods, works, and services into the subjects of several contracts.

Law N 44-FZ also does not contain restrictions on the acquisition of goods, works, services of the same name, which were introduced into the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs "to prevent unjustified fragmentation of a single order for goods of the same name in order to evade the obligation to conduct tenders (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 12, 2011 N 2518/11). Restrictions on the purchase of goods, works, services from a single supplier, contractor, performer (hereinafter referred to as the counterparty) in paragraphs. 4 and 5 hours 1 tbsp. 93 of Law N 44-FZ are established in a different way, limiting the total purchase amount on the basis of these clauses, allowing the conclusion of a contract with a single counterparty depending only on the amount. From this we can conclude that the customer can also conclude contracts for the purchase of goods, works, services of the same name at any interval for an amount of up to 100 thousand rubles each, if the limit on the total annual purchase volume established by clause 4 or clause 5, part 1, art. 93 Law No. 44-FZ. A similar opinion was expressed in the letter of the Ministry of Economic Development of Russia dated February 12, 2016 N D28i-285.

However, it must be taken into account that regulatory authorities may take a different position. Since, based on Part 5 of Art. 24, hours

Government procurement up to 100 thousand rubles in 2018

2, Article 48 of Law No. 44-FZ, procurement from a single counterparty is allowed only as an exception; it can be assumed that the legal position of the Supreme Arbitration Court of the Russian Federation on the inadmissibility of unreasonable fragmentation of an order continues to remain relevant. In this regard, if goods, works, services purchased under several contracts actually technically and (or) functionally complement each other, then they can be qualified as sham transactions covering another transaction aimed at performing the entire range of works, providing the entire range of services, supply of the entire set of goods necessary for a specific purpose (for example, installation of a set of equipment) (Clause 2 of Article 170 of the Civil Code of the Russian Federation). At the same time, we note that technically and (or) functionally complementary goods, works, services do not necessarily have to be of the same name (homogeneous). In this case, you can raise the issue of purchasing in excess of 100 (500) thousand rubles without proper grounds. And making a decision on the method of determining the supplier (contractor, performer), including decisions on the purchase of goods, works, services to meet state and municipal needs from a single supplier (contractor, performer), in violation of the requirements established by the legislation of the Russian Federation on the contract system, may be qualified as an administrative offense, liability for which is provided for by Part. 1, 2 tbsp. 7.29 Code of Administrative Offenses of the Russian Federation.

However, the final question of “splitting the subject of procurement” in the event of a conflict can only be resolved by the court, based on the specific circumstances of the case. It seems that, for example, contracts for the performance of work of the same name (homogeneous) at different facilities, for the purchase of goods of the same name (homogeneous) for completing or ensuring the operation of various pieces of equipment, and similar purchases determined by the technological conditions for meeting the actual needs of customers, cannot be found to be feigned.

We also note that from the above, in our opinion, it directly follows that the emergence of claims from regulatory authorities is possible only when purchasing goods, works, services of the same name (homogeneous) or technologically and (or) functionally complementary each other without tendering. Conducting tenders for the purchase of such goods, works, and services cannot be limited in principle.


Purchases up to 100 thousand rubles All federal and municipal organizations can carry out small-scale government purchases up to 100,000 rubles. The customer assesses the feasibility of such a procedure, then prepares a draft contract and submits it for agreement with the contractor. If both parties are satisfied with everything, the contract is signed. As a basis, the customer indicates clause Law No. 44-FZ: we continue to answer readers’ questions about new system procurement for state and municipal needs Is it a violation to publish the schedule for 2014 in December 2013 according to the old rules - without taking into account the Features established by Order of the Ministry of Economic Development of Russia and the Treasury of Russia dated September 20, 2013 No. 544/18n? No is not.

Small volume purchases 44-FZ

Attention will be paid to the timing of the contract, the quantity of goods (volume of work and services), and the conditions of the budget obligation accepted (accepted) for accounting. This is provided for by Government Decree No. 443 of April 13, 2017. In addition, from the new year, information and documents (procurement plans, procurement schedules, notices, protocols, draft contracts) with errors identified during inspections will not be able to enter the Unified Information System.


In 2018, this rule will apply only to information about procurement carried out for federal needs. In another year, the requirement will apply to municipal customers (Resolution of the Government of the Russian Federation of March 20, 2017 N 315). 9.

Important changes in procurement under 44-FZ since 2018

The register of contracts will be supplemented with new information Based on Government Decree No. 443 of April 13, 2017, the customer will enter information about all co-executors, subcontractors from among small businesses and socially oriented organizations into the register of contracts non-profit organizations who have entered into agreements with the main supplier (performer) under a government contract. In particular, the register of contracts will contain data on the location of the co-executor (subcontractor), his tax identification number, date of conclusion and contract number (if any), subject and price of the contract with the co-executor (subcontractor). 10. Innovations for certain areas Let's briefly talk about the new rules for some areas.

How to conclude a direct contract

This year he needs to place the purchase, which means that it is in the “Special Purchases” of the PP 2017. The “uncle” cannot communicate more culturally. You are wrong, since such advice can lead to a fine under the Code of Administrative Offenses. Explanation for the vehicle. This Contract can be concluded only after the 2018 PG (schedule) is posted, and not just the 2017-2019 PG, but The 2018 PG can only be formed from the positions of the 2018-2020 PP. Part 11 of Article 21 of Law 44-FZ: "11. Customers make purchases in accordance with the information included in the schedules in accordance with Part 3 of this article.

Procurements not provided for in the schedules cannot be carried out.” First, the entry “Special purchases” in the 2018 PG, and then only the implementation of the purchase from the 2018 PG, that is, the conclusion of a contract under clause 4, part 1 of article 93.

Small volume purchases (up to 100 and 400 thousand)

    Attention

    home

  • School of Public Procurement
  • Author: Herzenberg Anastasia November 13, 2017 We reveal the key features of direct agreements, the subject composition, permissible limits, as well as the difference from other transactions without bidding. General provisions In practice, government purchasers enter into various transactions, including within the framework of foreign economic activity (FEA). In this area there is a definition of such a transaction. However, you need to understand that direct purchases of foreign trade activities and direct contracts under 44-FZ have nothing in common.


    A direct foreign trade contract is an agreement concluded by a Russian importer and the direct manufacturer of the goods. Accordingly, it is the subject of customs legislation rather than a contract system. Direct procurement under 44 Federal Laws is nothing more than an order from a single supplier without competitive procedures.
    This process is regulated by Article 93 44-FZ.

    Purchases up to 100 thousand under 44 Federal Laws

    • date of inclusion in the catalog of the item;
    • the date(s) of the beginning of mandatory application of the information included in the catalog item;
    • expiration date for the catalog item (if necessary);
    • additional information, including on the characteristics of goods, their manufacturers, trade names, names of places of origin of goods, prices per unit of quantity of goods, volumes of work, services and (or) prices per unit of measurement of quantity of goods, terms of delivery of goods, performance works, provision of services.

    Let us note that according to Decree of the Government of the Russian Federation dated 02/08/2017 N 145, from the new year, customers will be required to include in the description of a product, work, or service a justification for the need to use the above information (if such a description is available in the catalog). 5.

    Forum about government procurement and tenders good-tender

    Info

    LLC "F" November 30, 2015 Agreement No. 217 in the amount of 82,000.00; metal detector LLC "F" November 30, 2015 Contract No. 218 in the amount of 82,000.00. There is no homogeneity for procurement in Law No. 44-FZ (it was in Law No. 94-FZ), there is only a limit of 5% of SGOZ. Is there any court practice (of the Federal Antimonopoly Service) that we have the right to purchase like this?”


    Is it necessary to include Purchases from units in the schedule? supplier (under clause 4, part 1, article 93 and under clause 5, part 1, article 93)? a) goods, works or services in an amount not exceeding one hundred thousand rubles; b) goods, works or services in an amount not exceeding four hundred thousand rubles.” Results of the HSE survey on information support contract system, 14% of participants in the annual HSE survey noted that with the transition from the official website to the Unified Information System, procurement procedures became less convenient. In 2018, this figure was already 26%.
    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 basis according to which the state customer carries out the 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 a state or municipal cultural institution, the main activity of which is the preservation and popularization of cultural heritage objects, as well as other state or municipal educational institutions and other institutions listed in clause 5 of Part. 1 tbsp. 93. At the same time, the amount of the contract should not exceed 400,000 rubles, the annual volume of purchases should not be higher than 50% of the SGOZ and amount to more than 20 million rubles.

    Government procurement up to 100 thousand rubles in 2018

    Decree of the Government of the Russian Federation dated January 25, 2017 N 73 stipulates that from January 1, in the procurement plan formed in accordance with Federal law on government procurement 44-FZ, you will have to separately indicate the final volume financial security, provided for purchases in the current financial year, planning period and in subsequent years - if such purchases are already planned. In addition, customers will have to detail the amount of financial support for each budget classification code and for each subsidy agreement. 6. The state task will be formed according to new rules. From the new year, additional requirements for the formation of the state task for the provision of public services (performance of work), which are formed by federal budgetary institutions, federal autonomous institutions and federal government agencies.

    In the meantime, the executive authorities of the constituent entities of the Russian Federation and (or) the organizations created by them will check the compliance of procurement plans from state unitary enterprises, municipal unitary enterprises, and other municipal organizations whose assets exceed 10 billion rubles and which enter into procurement agreements during the year for an amount exceeding 50 million rubles. Amendments regarding procurement carried out under Law No. 44-FZ 3. Guarantees of not all banks will be suitable for securing applications and contracts. From January 1, the requirements for banking institutions whose guarantees are allowed to be used to secure applications for participation in procurement under Law No. 44-FZ will be clarified. Federal Law and to secure government contracts.

    According to Art. 12 of Federal Law No. 267-FZ of July 29, 2017, the government approves size requirements own funds(capital) of the bank and the level of its credit rating.
    The register of sole suppliers will be made electronic and publicly available. From January 1, 2018, a register of sole suppliers of goods, the production of which is being created or modernized and (or) developed on the territory of the Russian Federation, should appear in the Unified Information System in the field of procurement. This is provided for by Decree of the Government of the Russian Federation dated 04/13/2017 N 442. According to the approved rules (Resolution of the Government of the Russian Federation dated 02/27/2017 N 231), such a register will be maintained in in electronic format by creating or changing register records in a unified information system in the field of procurement.
    The Federal Treasury will update the data, and the database itself will be free and publicly available. 8. There will be only verified information about government procurement. From January 1, 2018, the Federal Treasury will resume checking information and documents from customers.

    Instructions for concluding contracts under clause 4, part 1, art. 93 (up to 100 thousand) in this year for next year. Contents1. Amendments to the schedule for 20172. Conclusion of a contract for 20183. In what year is the purchase for 2018 concluded in 2017 taken into account? Amendments to the schedule for 2017 In accordance with Article 3 of Federal Law No. 44-FZ, the purchase begins with the identification of the supplier (contractor, performer) and ends with the fulfillment of obligations by the parties to the contract.


    Moreover, if there is no provision for posting a notice of the procurement or issuing an invitation to participate in determining the supplier, the procurement begins with the conclusion of the contract and ends with the fulfillment of obligations by the parties to the contract. Thus, the purchase under clause 4, part 1, art. 93 of Federal Law No. 44-FZ begins with the conclusion of a contract. But it is necessary to take into account that, in accordance with Part.
    11th century