Procurement from a single supplier: implementation procedure

Most purchases, especially at the state level, take place using the bidding system. Competitive procedures (tenders, auctions) imply that the client cannot independently select the contractor, he only makes requirements that the future contractor must satisfy. This approach allows us to provide the conditions for creating the most fair competition. But there is an option to carry out procurement activities from only one supplier - the legislation contains such a procedure as “purchases from a single supplier”.

Current procurement law provides for several types of procedures in this area. One of them is the opportunity to sign a contract with a single supplier through procurement from him. Such procedures are called non-competitive. Buying from one supplier is perhaps the most favorite procedure among customers and suppliers. In this case, the contract bypasses the procurement stage, for example, consideration of applications, auction, summing up. That is, the contract is concluded immediately between the seller and the buyer.

The essence of procurement

Procurement is the process of providing all types of material and technical resources at the required time and in the volumes necessary for the normal implementation of the production and economic activities of the enterprise.

A well-organized purchase allows you to not only get the right amount of goods at the right time, but also affect the supplier or manufacturer. This influence allows us to improve the quality of the supplied products, as well as constantly update and expand our product range, which ultimately increases the competitiveness of the enterprise and maximally satisfies consumer demand.

Legislative and regulatory framework

The main legislative acts in the field of issues under study are the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated 04.04.2013 No. 44-FZ and the Federal Law "On the procurement of goods, works, services by certain types of legal entities "Dated July 18, 2011 No. 223-ФЗ.

The table shows the comparative characteristics of the two laws.

Application 44-FZ

The possibilities for carrying out this form of procurement are described in 1 part 93 of Article 44-FZ. In fact, the law does not require the use of this method. He gives clients such a right, and to use it or not - the decision is up to the client.

Clients enjoy this right with pleasure, but for a strictly limited amount by law (up to 100 thousand rubles)

In some cases, a large amount is allowed for purchases, for example, purchases from one supplier to provide orphans with everything they need. In this situation, the amount of contracts can reach up to 400 thousand rubles. Options that involve procurement from a single supplier under 44-FZ cover any force majeure situation requiring urgent decisions. The law describes 52 points when such a purchase can be made.

It also talks about which purchases to make.But the buyer must inform the supervised body and coordinate the list with him. At the same time, the one who makes the purchase is forced to purchase goods at the stated prices of the seller without possible reduction and on his terms, this is a big minus for the client, since he is forced to agree to the terms of the contract without the possibility of changing them.

At the same time, the entire amount of purchases from a single supplier under 44-ФЗ can reach a maximum of not more than two million rubles per year or five percent of all customer purchases, but not more than fifty million rubles.

Application 223-FZ

The federal law 223-ФЗ has a similar concept. The initiative can come from both the client and the seller. The rules for such a procurement are compiled in accordance with 223-FZ; they are specified in the procurement regulations of the customer.

Single Supplier Concept

Sole supplier. The definition of this concept is that it is any legal entity (organization, enterprise, institution) or a person who supplies goods or services to customers.

The supplier conducts business in accordance with the terms of the supply contract, which is one of the types of sales contract. In accordance with the supply contract, he undertakes to transfer, within the established time limits, the goods produced or acquired by him to the client for use in economic activities or for other purposes not related to personal, family, home or other similar methods of use.

Definition of procurement from one supplier

Purchasing from a single supplier is a non-competitive form of establishing a counterparty, in which there is no formal selection procedure. It is also a procurement mechanism in which the client offers only one contractor to fulfill the contract, bypassing the tender procedures and not involving other bidders.

It is worth noting that the purchase from a single supplier is a right, and not the responsibility of the client. The only exceptions are purchases when competitive procedures in 44-FZ fail. Purchases from a single supplier attract customers with their relative simplicity and low time.

The advantages of this form of procurement

This scheme of interaction between the client and the supplier has several positive aspects:

• the supplier is guaranteed a contract;
• the client receives a guaranteed verified supplier;
• the probability of non-performance of the contract is minimal;
• the procedure is simple and convenient for everyone, it does not require large expenditures of labor and time;
• short terms of purchase;
• the client contacts the supplier who can fulfill the guaranteed contract;
• it is almost impossible to suspend a contract;
• in order to conclude a contract with one supplier, the latter does not need to use a large amount of human resources.

The disadvantages of this form of procurement

They include:

• a situation where there is no healthy competition, as a result, a minimum level of price reduction;
• for obvious reasons, this type of procurement always attracts the attention of supervisors.

Implementation of procurement procedures under 44-FZ

During its existence, 44-FZ has been repeatedly subjected to various changes and additions.

It is impossible to purchase products from one supplier unless such a purchase is indicated in the list of cases established by this law. The list of cases in which a purchase can be made from a single supplier under 44-FZ is given in part 1 of article 93.

This list currently provides for 45 cases of such a purchase.

We distinguish the main groups:

• if competitive procedures have not taken place;
• during the construction of facilities, their repair, maintenance;
• purchases in the field of cultural areas, sports and education;
• procurement in the field of medicine and emergency response;
• purchase of services in the field of utility, electricity and heat services;
• purchases from natural monopolies;
• procurement in the field of public administration and defense;
• and other cases when purchases can be made from one supplier.

The client decides to conclude a contract with one supplier without any approval from the control body. Sometimes such coordination and notification are necessary.

Organization of procurement under 223-FZ

Purchasing from a single supplier under 223-FZ is also sometimes called direct.

Depending on the initiative side, purchases from one supplier can be carried out by reporting the possibility of concluding a contract to a selected supplier without taking into account competing offers.

Cases of direct purchases are established by the client in his rules (part 2 of article 2 223-FZ). Procurement Regulation - a document that governs all activities related to the acquisition of goods.

The bulk of purchases made by customers and not exceeding 100 (500) thousand rubles are purchases of goods from one supplier. In such cases, customers also have the right not to post procurement information, including notices, documentation and protocols, which greatly simplifies the lives of customers.

The most common procurement cases from a single supplier under 223-FZ:

• low cost of purchased products (works, services) when the use of competitive procurement methods is not suitable;
• availability of necessary products from only one supplier;
• the supplier is the owner of exclusive rights in relation to this product;
• previous purchases on a competitive basis did not take place;
• urgent need for products (emergency situations, accidents, etc.).

Reporting on procurement from a single supplier is distributed in a separate section as part of the total monthly reporting posted on the official website in accordance with part 19 of article 4 of 223-FZ.

Contract: development basics

When a contract is concluded with a single supplier, then in its content it can have exactly the same form and content as a regular supply contract. Article 34 44-FZ specifies that the content of the contract must comply with the provisions of the Civil Code. Some sections may be skipped.

For example, you can not note the responsibility of the parties to each other, the rules for calculating and paying fines. You can omit the schedule of work and the procedure for settlements with the entrepreneur. Another additional condition for a document signed with one supplier is the procedure for securing the contract and returning funds.

At the same time, if the contractor is a person who is not registered as an individual entrepreneur, the contract must indicate that the amount of the contract with a single supplier is reduced by the amount of tax, since the client in this case is a tax agent.

Organization of procurement activities from one supplier

Since we are considering this type of procurement from suppliers, we will not dwell on all the actions that the client must perform, but we will determine only the general algorithm.

1. The client selects the company with which he signs the contract and agrees with the terms of the purchase and the text of the agreement (contract).
2. The notice is placed by the buyer in the system (a single information system), another five days remain until the contract is signed.
3. The buyer has one day after signing the contract to notify the supervisory authority of upcoming purchases.

All non-competitive procurement methods are under the careful supervision of regulatory authorities, and this must be taken into account when preparing documents.

There is no algorithm to assess how legitimate it is to enter into a single contract supplier. It all depends on the staff of the supervisor and on the arguments about the need for procurement. As attention to such procurement methods is increasing. The correct justification of a single supplier and its prices will greatly simplify the life of not only the client, but also the customer.

Step-by-step instruction

The step-by-step instructions for purchasing from a single supplier (EP) are as follows.

Stage 1. Preparation for the purchase in this way.

• Step No. 1. Preparation of an Order (or other document) for the implementation of procurement from one supplier.
• Step No. 2. Preparation of a substantiation of compliance of the EP with the requirements of legislation and procurement documentation.
• Step No. 3. Preparation of an application for approval of the conclusion (possibility of execution) of an agreement with a single supplier.

Stage 2. Formation of documentation for the purchase from the EP.

• Step No. 4. Development and approval of the draft contract.
• Step No. 5. Calculation and justification of the purchase from a single supplier and the contract price.
• Step No. 6. Preparation of a report confirming the conclusion of an agreement with the EP and the inappropriate conduct of competitive procurement procedures (prior to posting a notice and concluding an agreement).
• Step No. 7. Registration in a single reference system of a notice of procurement from the EP.

Stage 3. Directly the process of concluding a contract with the EP.

• Step No. 8. Contact the supervisor to approve the transaction through a Sole Provider Notification.
• Step No. 9. Signing of the contract after the supplier has submitted a document to enforce the contract.

Stage 4. Notification of the supervisor of the contract with the EP.

• Step No. 10. Submission of a notification (with a copy of the concluded contract and the rationale for its conclusion) to the supervisory authority.

Stage 5. Acceptance of goods.

• Step No. 11. Engage independent experts.

Contract Pricing

To calculate the price of a contract, you can use one or more options:

• market analysis method;
• regulatory method;
• tariff method;
• method of design and evaluation;
• costly method.

The client can apply other options for calculating the price of the contract with the supplier, if the listed cannot be used.

Procurement coordination with the supervisory authority

When a competitive purchase has not taken place and an agreement is concluded with one supplier, coordination with a higher controlling authority is necessary.

It is also always necessary to coordinate work with a single supplier on the outcome of open procurement, with the exception of three cases:

• an autonomous organization makes purchases in accordance with subsection 4 of article 15 of Law No. 44-FZ;
• a legal entity makes purchases in accordance with paragraph 5 of Article 15 of Law No. 44-FZ;
• Request for quotes did not take place.

Contracts with single suppliers based on electronic procurement results do not need coordination.

The following organizations must be notified:

• FAS - at the level of purchases for federal needs;
• control body in the field of state defense orders;
• the executive body of the constituent entity of the Russian Federation, which controls the procurement (acquisition of goods for regional needs);
• local government that controls purchases when it purchases products for municipal needs.

A copy of the contract and the rationale for the purchase from a single supplier must be attached to the notice. Documents must be sent to the control body no later than one business day from the date of conclusion of the contract. Otherwise, the contract service employee will be fined 15 thousand rubles, and the organization - 100 thousand rubles.

New rules

Since this type of procurement is the second most popular way to execute contracts (in 2017, almost half of all transactions were carried out in this way), the legislation constantly monitors the execution of contracts, from time to time improving them.

New rule changes in the near future will be as follows:

1. There is no need to place a procurement notice with the EP. In advance, a special schedule will be formed indicating such information;
2. The obligation of bidders to justify the impossibility of procurement in a competitive form is eliminated;
3. Eliminates the need for external expertise for government contracts;
4. Cases of coordination with the FAS will be necessary only in the course of individual methods for determining the supplier;
5. New collateral for guaranteeing supplier obligations will be introduced;
6. The customer will have the right to conclude a state contract with the participant of the second number in a situation when the contract is terminated with the first number;
7. Previously, the customer had the right to conclude a lease for the following objects: buildings, structures, structures. Now an object such as a land plot has been added to this list.

Conclusion

In order to become the only supplier, you must follow these tips:

• faithfully fulfill all contracts, maintain a good image;
• offer a unique product on the market: the client simply has nowhere else to buy this product.

In conclusion, let us dwell on several important points.

1. Firstly, purchases from the EP for customers are a very attractive form of procurement, although they require more attention from regulatory authorities.
2. Secondly, it is necessary to carefully read articles 93-96 44-FZ in order to understand whether these products are bought in this way or not.
3. Thirdly, if the company plans to participate in procurement under 223-ФЗ, it is necessary to study the procurement provisions of the client in whose procedure he will participate.
4. Fourth, to fully and timely fulfill the obligations to customers under the concluded agreements.