Purchases up to 100 thousand under 44-FZ are also called small purchases or small purchases. In the framework of the state order, they often purchase utilities and services, office supplies and other office supplies. Consider what this method of concluding a contract is and why it is so popular with customers.
What is the purchase of small volume in 44-FZ
A small purchase is the conclusion of a contract, the cost of which is not more than a hundred thousand rubles. Unlike more expensive contracts, which in most cases customers are allowed to conclude only through competitive procedures, the contract is signed directly with the supplier as part of a small purchase.
There are no restrictions on the procurement object for such procedures. In other words, you can directly conclude a contract with a supplier or contractor for the purchase of anything. For example, very often the object of such a procurement is water and energy supply or vehicle maintenance services.
As for planning, purchases of up to 100 thousand under 44-ФЗ are included in the schedule by the total amount in a separate line. Their total estimated cost without detailing for individual contracts is indicated.
Volume limit
In addition to the cost of the contract, small purchases are limited to the amount of the annual volume of such contracts in monetary terms. The customer can make small purchases until their total cost per year reaches one of the threshold values:
- 2 million rubles;
- 5% of SOGZ, but not more than 50 million rubles.
SOGZ is the volume of purchases in monetary terms, that is, the amount of funds allocated to the customer in the financial year.
The customer independently chooses which of the indicated values should be oriented.
Simplicity
The main advantage of purchasing up to 100 thousand under 44-FZ before bidding is that everything is extremely simple. When making a small purchase is not necessary:
- prepare a package of documentation, draw up technical specifications;
- publish a notice in the UIS;
- collect and evaluate applications, provide clarifications on the requests of potential participants;
- coordinate the contract with regulatory authorities and provide the rationale for such a purchase;
- prepare a report after the contract is signed.
Contract Speed
When the customer carries out the procedure for determining the supplier, for example, an auction or an open tender, he must comply with the deadlines regulated by federal law 44-FZ. A certain number of days is allocated for each stage of such procedures, and these periods cannot be reduced. As a result, bidding and signing a contract stretches for several weeks.
In contrast, small purchases allow you to quickly meet the needs that arose suddenly.
The ability to work with a trusted counterparty
Another plus for the customer is that small purchases allow him to work with trusted companies and entrepreneurs. Long-term partnerships provide:
- price preferences - discounts and bonuses;
- Confidence that the buyer will receive the goods of good quality on time.
As a result, the benefit from working with such a counterparty can be even greater than the savings from the results of an auction, tender or other procedure.
disadvantages
However, the advantages of non-competitive procurement described above are realized in ideal conditions. In practice, the human factor often influences. Small procurement contracts are an opaque procedure in which there is room for corruption.Do not be mistaken that such a contract will not attract violators because of its cheapness. Indeed, even small customers in the course of their activities conclude many contracts, the lion's share of which are small.
Federal Law 44-FZ requires customers to exclude conflicts of interest, but in practice this is not always possible to verify with regulatory authorities. Therefore, often a small contract goes to the contractor, who may be interested in the customer’s representative (bribes, “kickbacks”), or an affiliate supplier, for example, a company that belongs to relatives, friends of the customer’s specialists.
As a result, contracts bypassing the competitive procedure, including procurement of up to 100 thousand under 44-FZ, have become very popular among customers. From year to year, the Federal Antimonopoly Service, which exercises control in public procurements, calls this one of the main violations during public tenders.
Another disadvantage is that often in practice such contracts are far from being negotiated at the best price. Customers prefer not to waste time researching the market when it comes to such small amounts.
How to make purchases up to 100 thousand under 44-FZ
The process is quite simple. First of all, the customer determines his need, including the price that he is ready to pay. He then offers the selected supplier to conclude a contract, the parties stipulate all conditions and come to an agreement. The contract is in any form that is permitted by the Civil Code.
The danger of crushing a contract
In relation to small purchases, it is necessary to mention the so-called fragmentation of contracts. Often, customers are tempted to divide the entire purchase amount into several contracts, each of which will not exceed one hundred thousand rubles. This will allow us to formally comply with the restriction and conclude each such contract without conducting a competitive procedure, that is, directly with the supplier or contractor. Experts strongly recommend that you refrain from such ideas, since regulatory authorities will easily reveal this “trick”.
For example, a customer needs 10 computers. Their total price exceeds one hundred thousand rubles, but the price of each computer is less than this amount. The customer decides to enter into 10 separate contracts for the supply of each computer. Is this rightful? Practice shows that if all 10 contracts were concluded with one supplier and have a small spread in time, then all this will be considered by the regulatory authorities as a single transaction.
If the customer is found guilty of splitting the procurement, then the official responsible for this will be punished with a fine, the amount of which is 50 thousand rubles.
What is expected
At the initiative of the Government (Decree No. 842-r), a single aggregator is being prepared for launch for procurement of up to 100 thousand under 44-FZ. This is an Internet portal on which government customers will place their needs, and suppliers will be able to offer goods and services of their own production. It is assumed that the aggregator will become a convenient platform for concluding small contracts.
Work on the portal is a subsidiary of Rostec. Since mid-2018, the system is expected to work on a voluntary basis. And from November 1, some federal customers will have to use the aggregator without fail to make their small purchases.