Purchasing from a single supplier: popular reasons

When the purchase of 44 Federal Laws is carried out:

Cases of application of Procurement from a single supplier under 44-FZ are strictly regulated by Article 93 of Law No. 44-FZ and are allowed for certain types of procurement, since with this method of determining a supplier, a number of corruption components may arise.

Notification to the control authority

In most cases, the customer does not need approval from the regulatory authority to purchase from a single supplier.

However, when making purchases under subparagraphs 6, 9, 34 and 50 of paragraph 1 of Art. 93 44-FZ requires notification of the regulatory authority, and when concluding a contract with a supplier for supplies provided for in subparagraphs 24–25 of the same article, purchase approval from the regulatory authority is required.

If notification is required, FAS, local government or other persons authorized to exercise control in the field of procurement must be notified no later than 1 business day from the date of conclusion of the contract.

A copy of the concluded contract with the grounds for its conclusion must be attached to the notification.

Conducting procurement inspections by regulatory authorities is not clearly regulated by law. Upon receipt of the notification, an employee of the regulatory authority evaluates the customer’s actions in concluding the contract for their compliance with the provisions of 44-FZ and prepares a report based on the results. If no violations have been identified, the customer is not informed about it. If violations are detected, the customer will be notified of an unscheduled inspection.

Purchase amount under 44 Federal Laws

One of the most common cases of purchasing from a single supplier is the conclusion of a contract in accordance with clause 4 of part 1 of Article 93 of Law No. 44-FZ, which allows for a one-time purchase in an amount not exceeding 100 thousand rubles. At the same time, Law No. 44-FZ does not contain any explanations regarding the subject of procurement and the number of contracts concluded with the same contractor. The total volume of purchases carried out in this way should not exceed two million rubles or five percent of the customer’s total purchase volume and in total no more than 50 million rubles per year.

Advantages and disadvantages

The procurement procedure from a single supplier has both inherent advantages and disadvantages. It is quite popular among customers, as it guarantees the possibility of signing a contract with a suitable contractor and indirectly allows them to count on high-quality execution of the contract.

Often, sole supplier contracts are signed with suppliers who have proven themselves successfully in previous contracts. This procurement scheme also reduces the likelihood of technical failures during contract signing or unnecessary delays in the procurement process.

Often, purchasing from a single supplier allows you to achieve financial savings by reducing the costs of purchasing activities and paying staff. This is especially noticeable when purchasing small volumes.

At the same time, signing a contract with a single supplier is not without its disadvantages. Thus, the customer misses the opportunity to reduce the contract price or achieve the best conditions for its implementation . When choosing to sign a contract with a single supplier, the customer is forced to take on increased risks of attracting attention from regulatory authorities, because non-competitive procurement methods are often accompanied by corruption schemes and abuses when spending budget money.

Application of procurement from a single supplier within the framework of 44-FZ

The possibility of purchasing from a single supplier is provided for by law primarily in order to give customers the right to enter into a direct contract where competitive procedures are impossible or for some reason inappropriate.

For example, this procurement method is allowed in the following cases.

procurement of works and services in the field of capital construction and repair of real estate (including author’s control at the stages of development of project documentation and construction);

contracts for the purchase of unique cultural property, works of art, music;

purchase of utilities, electricity and heat supply services;

purchase of goods and services from companies classified as natural monopolies in accordance with current legislation;

contracts for the purchase of land and real estate;

concluding real estate lease agreements to meet government needs;

procurement in the field of the military sphere and the sphere of ensuring the country's defense capability (due to the need to comply with the regime of maintaining state secrets and the lack of a competitive environment in this segment);

procurement in the field of ensuring visits of foreign delegations and representative offices;

some types of procurement in the field of culture and sports;

procurement of medicines? intended for administration to a patient if there are medical indications.

Special cases. Purchase of 44 Federal Laws

A special case of procurement from a single supplier is the conclusion of government contracts for supplies to ensure measures to eliminate the consequences of emergency situations, when the use of auctions is impossible due to the length of the procedure (clause 9 of part 1 of article 93 of Law No. 44-FZ).

Also, this method of public procurement is carried out in the event that the procedures for competitive open or closed selection of suppliers are recognized as failed and their results are published on the public procurement portal. In this case, the government contract is concluded directly with the tender participant who meets the requirements of the notification, on the terms provided for in the procurement documentation (clauses 24 and 25 of part 1 of Article 93 of Law No. 44-FZ).

In some cases, purchases in this form are carried out in accordance with regulations and decisions of the Government of the Russian Federation, which determine a specific supplier and the list of goods and services purchased (clause 2 of part 1 of Article 93 of Law No. 44-FZ).

Non-competition procedure

In what case does purchasing from a single supplier become not a right, but an obligation of the customer?

If a procurement through a competitive procedure is declared invalid due to the submission of only one application or recognition of only one application as meeting the requirements, the customer is obliged to purchase from a single supplier (clause 24–25.3, part 1, article 93 of Law No. 44-FZ).

Important: when purchasing from a single supplier is impossible (for example, if the established limits of the total annual volume of purchases are exceeded), the customer can hold an open tender or electronic auction (Articles 54.1, 59), as well as a request for quotations or request for proposals in electronic form (Articles 54.1, 59). 87.1, Article 83.1).

As a rule, there is no need to coordinate the purchase from a single supplier with the control body based on the results of failed procedures. An exception is a failed request for proposals in electronic form (clause 25, part 1, article 93).

When choosing a non-competitive method for identifying a supplier, the customer must take into account both the advantages and disadvantages of this procedure.

Advantages of purchasing from a single supplier

1. As a rule, the customer knows the supplier and has successful experience of interacting with him.
2. The risk of violation of the contract conclusion procedure is minimized.
3. Purchasing from a single supplier is faster and easier than through competitive procedures.
4. The customer does not need to allocate large resources to carry out the procedure for identifying a supplier and concluding a contract.

Disadvantages of purchasing from a single supplier

1. The customer cannot significantly reduce the contract price, as, for example, in an electronic auction.
2. It is difficult for the customer to ensure the best conditions for the execution of the contract, as, for example, in an open tender in electronic form, due to the lack of competition.
3. The FAS pays special attention to this particular procurement method, since it is associated with wide opportunities for abuse when spending budget funds. The customer can reach an agreement with the supplier in circumvention of the law. By giving preference to purchasing from a single supplier, the customer must understand that the regulatory authorities will pay increased attention to the non-competitive procedure, and be clear about their responsibility in case of violations.

Signatures of the members of the Acceptance Committee:

Chairman of the Acceptance Committee

Deputy Chairman of the Acceptance Committee

Secretary of the Acceptance Committee

Members of the Admissions Committee

We, the undersigned:

On behalf of the State Customer - Head of the Federal Agency for Education ————————

On behalf of the Supplier Procurement 44 Federal Law –

• The Supplier's obligations under the government contract have been fulfilled in full.
• The state customer's obligation to make an advance payment has been fulfilled in full.

As part of the fulfillment of the obligations of the state customer for final settlements with the Supplier, the amount under government contract No. ________ dated ________, taking into account addendum No. __________ dated _____________, should be transferred in the amount of: ____________________ (____________________) rubles _______ kopecks, including VAT ____%, which is _____________ (__________________) rubles _____ kopecks.

Purchase of 44 Federal Laws

You might be interested in:

1. CHANGES IN CONCERNING PURCHASING FROM A SINGLE SUPPLIER
2. CHANGES IN SINGLE SUPPLIER PURCHASING 2020
3. PURCHASE OF SERVICES FOR SECURITY OF FACILITIES AND PURCHASE OF SERVICES FOR RENTAL CAR WITH DRIVER
4. CHANGES IN PROCUREMENT IN 2021-20: IMPORTANT FOR SUPPLIERS
5. Supplier page
6. PURCHASE OF PRECIOUS METALS AND PRECIOUS STONES
7. PURCHASING FOR THOSE WHO KNOW NOTHING
8. WHAT’S CHANGING IN THE SUPPLIER’S WORK FROM JANUARY 1, 2021
9. PURCHASE OF FOOD PRODUCTS UNDER 44-FZ
10. PURCHASE OF FOOD PRODUCTS