Telematic communication services under 44 Federal Laws. On concluding a contract with a single supplier (contractor, performer) for the provision of long-distance telephone services. The requirements for customers are different in both laws.

Answer: MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION LETTER dated February 9, 2015 N D28i-159 The Department for the Development of the Contract System of the Ministry of Economic Development of the Russian Federation considered the appeal on the issue of clarification of the provisions of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement goods, works, services to meet state and municipal needs" (hereinafter referred to as Law No. 44-FZ) and reports. Clause 1 of Part 1 of Article 93 of Law No. 44-FZ establishes that purchases from a single supplier (contractor, performer) can be carried out by the customer in the event of a purchase of goods, work or services that fall within the scope of activities of natural monopolies in accordance with the Federal Law dated August 17, 1995 N 147-FZ “On Natural Monopolies” (hereinafter referred to as Law N 147-FZ). In accordance with Part 1 of Article 4 of Law No. 147-FZ, the scope of activity of natural monopoly entities includes public telecommunications and public postal services. At the same time, by government resolution Russian Federation dated October 24, 2005 N 637 approved the List of public telecommunications and public postal services, according to which the scope of activities of natural monopoly entities includes, in particular, services for sending internal written correspondence (post cards, letters, parcels), transmission of internal telegrams, as well as providing long-distance and local telephone connections to the subscriber (user) of the fixed-line network telephone communication for transmitting voice information, fax messages and data. At the same time, any customers can also make purchases from a single supplier (contractor, performer) in accordance with the standards provided for in paragraph 4 of part 1 of Article 93 of Law No. 44-FZ. Thus, the customer has the right to enter into a contract with sole supplier(contractor, performer) for the provision of long-distance telephone services in accordance with paragraphs 1 and 4 of part 1 of Article 93 of Law N 44-FZ in accordance with the requirements of this law. At the same time we inform you that legal force have clarifications from a government authority, if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts. The Ministry of Economic Development of the Russian Federation is a federal executive body, under the current legislation of the Russian Federation, including the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437, not vested with the competence to clarify the legislation of the Russian Federation.

On concluding a contract with a single supplier (contractor, performer) for the provision of long-distance telephone services

1. On the territory of the Russian Federation, communication services are provided by communication operators to users of communication services on the basis of an agreement for the provision of communication services, concluded in accordance with civil legislation and the rules for the provision of communication services.

To conclude contracts for the provision of mobile radiotelephone communication services, a telecom operator or a person authorized by it must use:

premises, parts of premises owned, under economic control, operational management or rent;

equipped shopping places in stationary shopping facilities and in areas intended for the implementation trading activities and located in other stationary facilities, or retail facilities that have trading floors designed for one or more workplaces.

The conclusion of agreements for the provision of mobile radiotelephone communication services in non-stationary retail facilities is prohibited, with the exception of cases where a telecom operator or its authorized person concludes agreements for the provision of mobile radiotelephone communication services in vehicles, which are specially equipped to serve subscribers and the requirements for which are established by the federal executive body in the field of communications, or contracts for the provision of mobile radiotelephone communication services via the Internet information and telecommunications network using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key, the identity of an individual is established during a personal reception.

Mobile radiotelephone communication services are provided to a subscriber - an individual or a subscriber - a legal entity or an individual entrepreneur and user of the communication services of such a subscriber, reliable information about which is provided to the communication operator in accordance with the rules for the provision of communication services, unless otherwise provided by this Federal Law. The subscriber is a legal entity or individual entrepreneur are obliged to provide the telecom operator with information about users of communication services in accordance with the rules for the provision of communication services. The requirements of this paragraph do not apply to contracts for the provision of mobile radiotelephone communication services concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs and the legislation of the Russian Federation on the procurement of goods, works, services certain types legal entities.

The rules for the provision of communication services may establish cases in which it is not necessary to provide the communication operator with information about users of communication services of a subscriber - a legal entity or individual entrepreneur.

2. The rules for the provision of communication services are approved by the Government of the Russian Federation.

The rules for the provision of communication services regulate the relationship between users of communication services and communication operators when concluding and executing an agreement for the provision of communication services, the procedure for identifying users of communication services for data transfer and providing access to the information and telecommunications network "Internet" and the terminal equipment they use, as well as the procedure and grounds for suspension of the provision of communication services under a contract and termination of such an agreement, features of the provision of communication services, rights and obligations of communication operators and users of communication services, form and procedure for payment for communication services provided, procedure for filing and consideration of complaints, claims of users of communication services, liability of the parties .

3. In case of violation by a user of communication services of the requirements established by this Federal Law, the rules for the provision of communication services or an agreement for the provision of communication services, including violation of the terms of payment for communication services provided to him, determined by the terms of the agreement for the provision of communication services, the telecom operator has the right to suspend provision of communication services until the violation is eliminated, except for cases established by this Federal Law.

If such a violation is not eliminated within six months from the date the user of communication services receives a written notice from the communication operator of the intention to suspend the provision of communication services, the communication operator unilaterally has the right to terminate the contract for the provision of communication services, except for the cases established by this Federal Law.

4. A subscriber to whom a subscriber number is allocated on the basis of an agreement for the provision of communication services has the right to retain this subscriber number within the territory determined by the Government of the Russian Federation, subject to termination of the current agreement for the provision of communication services, repayment of debt for payment for communication services and the conclusion of a new one an agreement for the provision of communication services with another mobile radiotelephone operator.

The subscriber's fee for using a saved subscriber number, established by the mobile radiotelephone operator when concluding a new contract for the provision of communication services, cannot exceed one hundred rubles.

5. If the telecom operator attracts other persons to provide content services, with the exception of communication services provided through a single portal of state and municipal services, the telecom operator, based on the subscriber’s request, is obliged to create a separate personal account intended only for payment for these communication services within the limits of the funds in the specified personal account. In the absence of the specified request, payment for these communication services is carried out in the manner established by paragraph three of this paragraph.

The provision of other services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value is carried out with the consent of the subscriber, expressed through his performance of actions that uniquely identify the subscriber and allow him to reliably establish his will to receive these services.

Before obtaining the subscriber's consent to provide other communication services that are technologically inextricably linked with mobile radiotelephone communication services and aimed at increasing their consumer value, including content services, the telecom operator must provide the subscriber with information on tariffs for services and summary of these services, as well as about the person providing a specific service and the personal account from which the debit is made Money to pay for such services.

Payments for services provided to the subscriber are made by the telecom operator.

6. A person acting on behalf of a telecom operator, when concluding an agreement for the provision of mobile radiotelephone communication services, is obliged to enter into it reliable information about the subscriber, the list of which is established by the rules for the provision of communication services, and send one copy of the signed agreement to the telecom operator within ten days after it conclusion, unless a shorter period is provided for in the specified agreement.

The telecom operator is obliged to verify the accuracy of information about the subscriber and information about users of communication services of the subscriber - a legal entity or individual entrepreneur, including those represented by a person acting on behalf of the telecom operator, in accordance with this Federal Law and the rules for the provision of communication services.

Verification of the accuracy of information about a subscriber - an individual, information about users of communication services of a subscriber - a legal entity or individual entrepreneur is carried out by establishing the surname, first name, patronymic (if any), date of birth, as well as other data from the identity document of the subscriber or users of communication services , confirmed in one of the following ways:

providing an identification document;

use of the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction information systems, used to provide state and municipal services in electronic form";

use of an enhanced qualified electronic signature;

use of a single portal of state and municipal services;

use of information systems government agencies if there is a telecom operator connection to these systems via unified system interdepartmental electronic interaction.

In case of failure to confirm the reliability of information about the subscriber, information about users of communication services of a subscriber - a legal entity or individual entrepreneur, represented by a person acting on behalf of the communication operator, the communication operator suspends the provision of communication services in the manner established by the rules for the provision of communication services.

In the event of liquidation of a subscriber - a legal entity or termination by an individual of activities as an individual entrepreneur, subscriber numbers allocated to such subscribers under agreements for the provision of communication services can be re-registered to the actual user of communication services by concluding an agreement for the provision of communication services with this user in the manner established by the rules for the provision of communication services.

The telecom operator provides the subscriber using the Internet information and telecommunications network with information about the agreements concluded between it and the subscriber for the provision of mobile radiotelephone services in the manner established by the Government of the Russian Federation.

7. The conclusion by legal entities and individuals who are not telecom operators of contracts for the provision of mobile radiotelephone communication services and the implementation of payments for these services with subscribers is allowed if there is a written document confirming the powers of the specified legal and individuals act on behalf of the telecom operator.

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Commentary to Art. 44 Communications Law

1. Paragraph 1 of the commented article defines the subject of the provision of communication services, recipients of communication services and the legal basis for the provision of communication services. In accordance with paragraph 1 of the commented article, communication services are provided on the territory of the Russian Federation. According to Art. 67 of the Constitution of the Russian Federation, the territory of the Russian Federation includes the territories of its subjects, internal waters and territorial sea, and the airspace above them.

The subject of the provision of services in accordance with paragraph 1 of the commented article is the telecom operator. According to Art. 2 of the Law under comment, a telecom operator is a legal entity or individual entrepreneur providing communication services on the basis of an appropriate license. The entity that purchases communication services is the user of communication services - the person ordering and (or) using communication services (see commentary to Article 2).

The legal basis for the provision of communication services in accordance with paragraph 1 of the commented article is an agreement for the provision of communication services, which is concluded in accordance with the norms of civil law. According to Chapter 39 of the Civil Code of the Russian Federation this type agreement is a contract paid provision services. Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services. In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of paid services.

2. Paragraph 2 of the commented article defines the legal basis for the rules on the provision of communication services. First of all, the clause determines that such rules are established by the Government of the Russian Federation. In particular, the Decree of the Government of the Russian Federation of May 18, 2005 N 310 “On approval of the Rules for the provision of local, intrazonal, long-distance and international telephone services” approved the corresponding Rules, according to which telephone services are provided on the basis of paid contracts. The parties to the agreement are a citizen or legal entity or individual entrepreneur, on the one hand, and a telecom operator, on the other hand. To conclude an agreement, a telecom operator providing local telephone services with access to the local telephone network or using an additional subscriber number must submit an application, the form of which is established by the telecom operator. Also, for example, according to the Decree of the Government of the Russian Federation of April 15, 2005 N 222 “On approval of the Rules for the provision of telegraph communication services,” the telecom operator provides telegraph communication services to users on the basis of an agreement for the provision of telegraph communication services. The contract for the provision of telegraph communication services is concluded in accordance with civil law and must contain the conditions provided for by the legislation of the Russian Federation and these Rules. When providing the “telegram” service at points of delivery in the absence of the specified agreement (in writing), it is considered concluded from the moment the telecom operator issues to the sender a cash register check or receipt (form strict reporting), confirming payment by the user for the services provided.

At the same time, clause 2 contains the basics that are subject to legal regulation in accordance with these rules. In particular, according to paragraph 2 of the commented article, the rules on the provision of communication services must include the following provisions:

1) the relationship between users of communication services and operators of communication services when concluding and executing an agreement for the provision of communication services. These relationships involve the mutual implementation of the rights and obligations of these entities;

2) the procedure and grounds for suspension and termination of the contract for the provision of communication services. The procedure for suspension and termination of an agreement for the provision of communication services is a procedure that regulates issues related to the temporary termination of an agreement for the provision of communication services or the final termination of its validity. The grounds for suspension and termination of an agreement for the provision of communication services are legal facts that entail the suspension or termination of an agreement for the provision of communication services;

3) features of the provision of communication services. Features require special conditions included in the contract for the provision of communication services, as well as special conditions that occur during the conclusion, suspension and termination of an agreement for the provision of communication services;

4) the form and procedure for payment for communication services provided. The form of payments involves regulation by the Rules on the provision of communication services of the issue regarding the type and characteristics of payments, taking into account the provisions of civil legislation on non-cash payments. The payment procedure requires the presentation special requirements to the timing of such settlements and the procedure for paying funds for communication services provided, as well as to the methods of using funds paid by the user for communication services;

5) the procedure for filing and considering complaints and claims involves the presentation of special requirements for filing complaints, as well as their consideration and making decisions on them. The main difference between complaints and claims is that a complaint is a request for the restoration of violated rights, which is addressed to a higher authority or manager, depending on the entity that committed such a violation. A claim is a way of resolving disputes and disagreements without resorting to higher authorities and to higher officials;

Working with the site

When generating information about a contract with a single supplier, the system asks you to fill out the “purchase number” field.

Formation of information about a contract with a single supplier in the cases provided for in paragraphs 1 - 3, 6 - 8, 11 - 14, 16 - 19 of Part 1 of Article 93 of Law 44-FZ is carried out on the basis of a placed purchase from a single supplier (contractor, performer).
In accordance with the provisions of Law 44-FZ, when purchasing from a single supplier in the cases provided for in paragraphs 1 - 3, 6 - 8, 11 - 14, 16 - 19 of Part 1 of Article 93 of Law 44-FZ, the customer is obliged to place a notice no later than than 5 days before the contract date.

How to post a report stage execution execution of the contract in accordance with Decree of the Government of the Russian Federation No. 1093 of November 28, 2013?

A report on the execution of the contract execution stage is generated using the “Customer Reports” item in the left vertical menu. The "List of reports in the closed part of the site" page will be displayed. To generate information about the customer’s report, click on the “Create information about the customer’s report” button. In the “Information about the posted report” block, select the type of report from the list: “Report on contract execution (results of a separate stage of contract execution)”; More detailed information is contained in paragraph 4.19.2.3 of the UIS User Guide.

After posting information about the execution of the contract, the contract does not move to the “Execution Completed” stage, while: information about the contract indicates one stage, information about execution is published for the entire amount.

When generating information about contract execution, you need to check the box “Execution under the contract/contract stage is completed”

After placing a purchase with a single supplier, the purchase is not displayed in Personal account on the official site.

After placement, the purchase automatically moves to the “supplier determination completed” stage. To display purchases, you must check the appropriate “checkbox” to display purchases at the “supplier identification completed” stage

How to create a schedule in accordance with Law 44-FZ?

To create a schedule on the “Plans and schedules of purchases, goods, works, services” page, you must click on the “Create schedule” hyperlink located above the list of schedules. In the list that appears, select “Create a schedule based on a procurement plan.”
More detailed information is contained in paragraph 4.2.6 "User Guide. Formation and placement of procurement plans and procurement schedules."

How to setup workplace to work on the official website?

To ensure correct operation on the Official EIS website, it is necessary to make all the necessary settings for the workplace in accordance with the user manual.
The folder " " of the "Training Materials" subsection of the "Documents" section of the Official EIS website contains step-by-step illustrated instructions for correctly setting up the workplace.

When posting any information (notices, information about the contract), a printed form and only the "Cancel" button is available. The "Sign" button is not active.

To post information, you must check the box: “I confirm that I agree to sign specified information and attached files with your electronic signature and posting them on the official EIS website. I have been advised of my personal responsibility for compliance, established by law Russian Federation on the contract system in the field of procurement and regulatory legal acts specified in parts 2 and 3 of Article 2 of the Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs.” Then click on the “Sign and Place” button .

Does the customer have the right to enter into an agreement with PJSC MGTS in accordance with clause 1 of part 1 of Article 93 of Federal Law No. 44 for the provision of communication services, if the subject of the agreement is local telephone services (with the exception of local communication services using payphones and public access facilities), services intrazonal communications, information, reference and maintenance services. Services will be provided in Moscow.

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and receive electronic signature, by what rules to conclude contracts during the transition period and after.

The provision of local and long-distance telephone services can be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ. In turn, procurement for the provision of international telephone services cannot be carried out on the basis of the clause in question.

In accordance with clause 1, part 1, art. 93 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ) purchase from a single supplier (contractor, performer) may be carried out by the customer, including in the case of the purchase of goods, work or services that fall within the scope of activity of natural monopolies in accordance with Federal Law No. 147-FZ of August 17, 1995 “On Natural Monopolies” (hereinafter referred to as Law No. 147-FZ), as well as central depository services.

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According to Art. 3 of Law No. 147-FZ, natural monopoly is a state of a product market in which satisfying demand in this market is more effective in the absence of competition due to technological features production (due to a significant decrease in production costs per unit of goods as production volume increases), and goods produced by subjects of a natural monopoly cannot be replaced in consumption by other goods, and therefore, the demand for a given commodity market for goods produced by subjects of natural monopolies depends less on changes in the price of this product than the demand for other types of goods; subject of a natural monopoly - an economic entity engaged in the production (sale) of goods under conditions of a natural monopoly.

So, according to Part 1 of Art. 4 of Law No. 147-FZ establishes that Law No. 147-FZ regulates the activities of natural monopolies, including in the field of public telecommunications services and public postal services.

Consequently, communication services can be classified as public telecommunications and public postal services.

In turn, according to the List of public telecommunications and public postal services, government regulation tariffs for which in the domestic market of the Russian Federation it carries out federal Service according to the tariffs approved by Decree of the Government of the Russian Federation of October 24, 2005 No. 637, such services include, among other things:

• provision of long-distance telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data.
• providing access to the local telephone network, regardless of the type of subscriber line (wire line or radio line) of the fixed telephone network.
• provision of a local telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data (except for payphones).
• provision of a subscriber line for permanent use, regardless of its type.
• provision of an intrazonal telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, fax messages and data.

Consequently, since local telephone and long-distance communication services are included in the list of publicly accessible telecommunications services, the customer has the right to purchase such services on the basis of clause 1, part 1 of Art. 93 of Law No. 44-FZ.

In turn, because the above list does not provide for an international telephone service, then the purchase of these services cannot be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

Local telephone services, long-distance communication, and the provision of intrazonal telephone connections to a subscriber of a fixed telephone network are included in the list of public telecommunications services. In turn, public telecommunications services are regulated by Law No. 147-FZ “On Natural Monopolies”. Therefore, the customer has the right to purchase such services on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

Currently, the Russian Ministry of Economic Development is working to prepare the project federal law on amendments to Law No. 44-FZ, eliminating the ambiguous interpretation of this norm. Please note that clarifications of a government body have legal force if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts. The Ministry of Economic Development of the Russian Federation is a federal executive body under the current legislation of the Russian Federation, including the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437, is not vested with the competence to clarify the legislation of the Russian Federation.

How to justify the method of determining a telephone service provider under Federal Law 44?

The supporting document in this case is a copy of this contract.

• If there are no Russian-made analogues, and at the same time it meets the requirements of the Russian Federation for such products, which are listed in Resolution No. 719 of July 17, 2015 (installation of engines, electrical equipment systems, controls, availability service centers on the territory of the EAEU countries, etc.). The supporting document is the examination certificate, which is issued by the Chamber of Commerce and Industry of the Russian Federation.
• The country of origin is a member state of the EAEU.
  The supporting document is a certificate of origin, which is issued by an authorized body of a member state of the EAEU.
The rules do not apply to the activities of diplomatic and consular institutions when placing orders outside the Russian Federation.

Purchasing from a single supplier under 44-FZ: what needs to be taken into account

Law N 44-FZ) are indicated in the notice of procurement as advantages. According to paragraph 4 of Article 42 of Law No. 44-FZ, the notice of procurement must contain, unless otherwise provided by Law No. 44-FZ, information about the restriction of participation in determining the supplier (contractor, performer) established in accordance with Law No. 44-FZ .

Thus, restrictions on participation in determining the supplier (contractor, performer) in accordance with paragraph 4 of Article 42 of Law N 44-FZ are treated as restrictions in relation to procurement participants, which can only be small businesses, socially oriented non-profit organizations, as well as conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed and provided by foreign persons.

On restriction of participation in determining the supplier (contractor, performer)

Indeed, in accordance with the law, telecommunication services are provided by organizations included in the register of natural monopolies. It's easier to choose an organization from of this register, publish a procurement notice on the official website and conclude a contract no earlier than five days after that.

Public Procurement Committee of the Murmansk Region

The vast majority of bodies and organizations various institutions, financed from the budget (whether federal, regional or local level) conduct procurement both for their own needs and in order to fulfill statutory tasks in accordance with Law dated 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods and works , services to meet state and municipal needs.” Features and advantages All public sector procurements are divided into competitive and with a single supplier (contractor, performer) (Part 1 of Art.

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Important

Federal Law No. 44-FZ). The first group of them are competitions, auctions, requests for quotations and proposals, and the second group are contracts with a specific organization/entrepreneur, concluded without a rather lengthy and formalized procedure. It is precisely because of the speed and simplicity of the conclusion that customers prefer this method of procurement.

Purchase of cellular communication services under 44-FZ

Local and long-distance telephone services can be purchased under clause 1, part 1, article 93 from Rostelecom, as a monopolist. However, this is not relevant for all regions. To know for sure, you need to check in the register of natural monopolies whether your Rostelecom branch is included in the register.

The register can be viewed at the following link http://www.fstrf.ru/about/activity/reestr/36 Local and long-distance communication services can be purchased under clause 4, part 1, article 93, but this reduces the volume of purchases to 100 thousand , which you will be able to conclude in the future until the end of 2015. At the same time, we draw your attention to the fact that the services international communications and you do not have the right to purchase Internet access under this item, because

These types of services do not belong to the services of natural monopolies.

What is prohibited in government procurement in 2018

Combining together the provisions of regulatory legal acts, it is easy to come to the conclusion that international telecommunication services do not fall within the scope of activities of natural monopoly entities and cannot be purchased through procurement from a single supplier on the basis of clause 1, part 1, article 93 of the Federal Law No. 44. Moreover, the average government agency does not need this type of connection at all.

Thus, inattention when studying the provisions standard contract may lead to violation of the law. This violation is qualified as the choice of an inappropriate method of procurement, which entails the risk of imposing penalties on the official in the amount of thirty or fifty thousand rubles.
ATTENTION! In order to minimize the likelihood of violations and save your time, use our software.
It is important to remember that an unreasonable decision to choose a procurement method in the form of concluding a contract without bidding is fraught with punishment: a fine of 30 to 50 thousand rubles. (Part 1, 2 of Article 7.29 of the Code of Administrative Offenses of the Russian Federation) for the responsible official. When carried out At the moment, there are 48 grounds for simplified procurement: they are quite diverse - from the usual acquisition of goods/work/services (GWS), to the conclusion of a contract for the treatment of citizens outside the Russian Federation or procurement for counterintelligence/security purposes.

Most often in practice the following points are used:

• Purchase of goods and services from natural monopolies (clause 1, part 1, article 93), for example, public telephone communications or postal services.
• Purchase of any necessary technical and technical equipment for customers in the amount of up to 100 (400) thousand rubles under one contract (clauses 4 and 5, part 1, article 93). The established maximum ceiling for these reasons: up to 2 million.

These include:

1. Mechanical engineering - Resolution No. 656 of July 14, 2014.
2. Light industry - Decree No. 791 of 08/11/2014.
3. Software - Decree No. 1236 of November 16, 2015.
4. Products of defense significance - Decree 9 of January 14, 2017.
5. Furniture products - Resolution 1072 of 09/05/2017.

If the customer carries out orders that are subject to the listed acts, then he must reject applications that offer foreign products for delivery. An exception is made only for the EAEU countries (Russia, Belarus, Armenia, Kyrgyzstan, Kazakhstan).
Usually they settle on those with whom there have already been contractual relations.

• Agreement on the terms of the contract, including essential conditions (under Article 34 of Federal Law-44), and in some cases - the requirement to provide security, as in competitive bidding.
• Signing and execution of the contract.

Additional steps may occur in a number of cases listed in Part 2 of Art. 93 publication of a notice of the planned contract and a report on the impossibility of another procurement method. How to justify Taking into account the principle of efficiency, transparency and targeted use of funds allocated from the budget, customers justify their purchases, including under Art. 93.

home » Useful » Telematic communication services under 44 Federal Laws. On concluding a contract with a single supplier (contractor, performer) for the provision of long-distance telephone services. The requirements for customers are different in both laws.