Planning Motivation Control

Contracts up to 400 thousand rubles. Non-competitive - purchases from a single supplier (contractor, contractor). Small volume e-shop

Drafted revisions of the document with changes that have not entered into force

Federal Law of 05.04.2013 N 44-FZ (as amended on 27.06.2019) "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" (as amended and supplemented, entered into force on 07/08/2019)

4) procurement of goods, work or services for an amount not exceeding three hundred thousand rubles. In this case, the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph should not exceed two million rubles or should not exceed five percent of the total annual volume of purchases of the customer and should not be more than fifty million rubles. The specified restrictions on the annual volume of purchases, which the customer has the right to carry out on the basis of this paragraph, do not apply to purchases made by customers to meet municipal needs. rural settlements... When making purchases in accordance with this clause, customers operating in a foreign state are not subject to restrictions in terms of establishing a contract price not exceeding three hundred thousand rubles. In relation to the federal executive body carrying out purchases to meet federal needs government agencies formed to ensure the activities of the President Russian Federation, Government of the Russian Federation, calculation these restrictions the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph is made separately for such a federal executive body and each such state body;

ConsultantPlus: note.

From 01.07.2018, customers have the right to make purchases in accordance with clause 5 of part 1 of Art. 93 using a single trade aggregator - information resource(Order of the Government of the Russian Federation of April 28, 2018 N 824-r).

5) procurement of goods, work or services by a state or municipal cultural institution, the statutory objectives of which are the preservation, use and popularization of cultural heritage sites, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden , national park, natural park, landscape park, theater, concert institution, broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive), state or municipal educational organization, state or municipal scientific organization, an organization for orphans and children left without parental care, in which orphans and children left without parental care are placed, under supervision, a physical culture and sports organization for an amount not exceeding four hundred thousand rubles. In this case, the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph should not exceed fifty percent of the total annual volume of purchases of the customer and should not be more than twenty million rubles;

(see text in previous edition)

6) procurement of work or services, the performance or provision of which can only be carried out by an executive authority in accordance with its powers or subordinate to it government agency a state unitary enterprise, the respective powers of which are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government of the Russian Federation, legislative acts of the corresponding constituent entity of the Russian Federation;

(see text in previous edition)

7) the conclusion of a contract for the supply of Russian weapons and military equipment who do not have Russian counterparts and the production of which is carried out by a single manufacturer, with a supplier of such weapons and military equipment included in the register of the only suppliers of such weapons and military equipment. The procedure for maintaining the register of the only suppliers of such weapons and military equipment, the procedure for determining their prices shall be established by the Government of the Russian Federation. The state contract for the supply of such weapons and military equipment is concluded at a price determined in accordance with the specified procedure for its formation;

8) the provision of services for water supply, sewerage, heat supply, handling of solid municipal waste, gas supply (except for services for the sale of liquefied gas), for connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, for storage and import (export) drugs and psychotropic substances;

(see text in previous edition)

9) purchases certain goods, works, services due to an accident, other emergencies natural or man-made, force majeure, in case of need to provide medical care in an emergency form or in the provision of medical assistance in an emergency form (provided that such goods, works, services are not included in the list of goods, works, services approved by the Government of the Russian Federation, necessary for the provision of humanitarian assistance or liquidation of the consequences of natural or man-made emergencies ) and the use of other methods of determining the supplier (contractor, performer), which require a lot of time, is inappropriate. The customer has the right to conclude in accordance with this clause a contract for the supply of goods, performance of work or provision of services, respectively, in the amount and volume that are necessary to eliminate the consequences arising from an accident, other emergencies of a natural or man-made nature, force majeure, or to provide medical assistance in an emergency or urgent form, including in the cases provided for in parts 7 and 12 of Article 82

(see text in previous edition)

10) supply of cultural values ​​(including museum items and museum collections, rare and valuable publications, manuscripts, archival documents (including copies) of historical, artistic or other cultural significance) intended to replenish the state museum, library, archival funds , film, photographic fund and similar funds;

11) the production of goods, the performance of work, the provision of services are carried out by an institution and an enterprise of the penal system in accordance with the list of goods, works, services approved by the Government of the Russian Federation;

12) the conclusion by the institution executing the punishment of a contract for the supply of goods for state needs upon the acquisition by the specified institution of raw materials, materials, components for the production of goods, performance of work, provision of services for the purpose of employment of convicts on the basis of contracts concluded with legal entities, provided that the acquisition of such raw materials, materials, components by the specified institution is carried out at the expense of stipulated by these agreements;

13) purchase of works of literature and art of certain authors (except for the acquisition of film projects for rental purposes), performances of specific performers, phonograms of specific manufacturers for the needs of customers in the event that a single person owns exclusive rights or exclusive licenses for such works, performances, phonograms;

14) purchase printed publications or electronic publications (including the software and hardware and information protection tools used in them) of certain authors from the publishers of such publications in the event that these publishers own exclusive rights or exclusive licenses to use such publications, as well as the provision of services for providing access to so electronic publications to ensure the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;

(see text in previous edition)

15) conclusion of a contract for visiting a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event;

16) conclusion of a contract for the provision of services for participation in an event held for the needs of several customers with a supplier (contractor, performer), which is determined by the customer who is the organizer of such an event, in the manner prescribed by this Federal Law;

17) the conclusion of a contract by a theater, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir, orchestra, ensemble), a television and radio broadcasting institution, a circus, a museum, a house of culture, a palace of culture, a club, educational institution, zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park or landscape park with a specific individual to create a work of literature or art, or with a specific individual or a specific legal entity performing concert or theatrical activities, including a concert group (dance group, choral group, orchestra, ensemble), for performance, or with an individual or a legal entity for the manufacture and supply of scenery, stage furniture, stage costumes (including head headwear and footwear) and materials necessary for the creation of scenery and costumes, as well as theatrical props, props, make-up, postiger products, theatrical puppets necessary for the creation and (or) performance of works by these organizations;

18) conclusion of a contract for the provision of services for the sale of entrance tickets and subscriptions for visiting theater and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - forms of strict reporting;

19) conclusion of a contract for the provision of services for the implementation of copyright control over the development project documentation object capital construction, conducting field supervision of construction, reconstruction, overhaul the capital construction object by the respective authors, to carry out technical and architectural supervision over the performance of works to preserve the cultural heritage object (historical and cultural monuments) of the peoples of the Russian Federation by the authors of the projects;

20) conclusion of contracts for the provision of services related to the provision of visits by heads of foreign states, heads of governments of foreign states, leaders international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (including for simultaneous translation), provision of food);

(see text in previous edition)

21) the conclusion of contracts for the supply of goods, the performance of work, the provision of services to ensure the operation of objects of state protection, including the provision of field events held by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation (household, hotel, transport services, operation computer equipment, office equipment, sound engineering equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);

(see text in previous edition)

22) conclusion of a management contract for an apartment building based on a decision general meeting owners of premises in apartment building or an open competition held by a body local government in accordance with housing legislation, management company if the premises in an apartment building are in private, state or municipal ownership;

23) the conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for free use or operational management to the customer, services for water, heat, gas and energy supply, security services, services for the removal of household waste in the event that these services are provided to another person or other persons using non-residential premises located in the building in which the premises are located, transferred to the customer for free use or operational management;

(see text in previous edition)

24) recognition of the definition of a supplier (contractor, performer) in a closed way invalid and the customer's decision to conclude a contract with a single supplier (contractor, performer) in accordance with the provisions of Article 92 of this Federal Law in agreement with the federal body authorized by the Government of the Russian Federation to exercise these functions executive power. In this case, the contract must be concluded with a single supplier (contractor, performer) on the conditions stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price. Such price should not exceed the initial (maximum) contract price or the contract price proposed in the bid of the relevant procurement participant. The customer's application for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the specified federal executive body no later than ten days from the date of signing the relevant protocols containing information on recognizing the determination of the supplier (contractor, performer) by a closed method as invalid ... In this case, the approval period should not be more than ten working days from the date of receipt of the application for approval of the conclusion of a contract with a single supplier (contractor, performer). A contract with a single supplier (contractor, performer) is concluded for a period not exceeding twenty days from the date of receipt of the approval by the customer. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contractual system in the field of procurement;

(see text in previous edition)

25) invalidation of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for quotations, a request for proposals in accordance with parts 1 and 7 of Article 55, parts 1 and 3 of Article 79, parts 18 and 19 of Article 83, and part 27 of Article 83.1 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively with a federal executive body authorized to exercise control in the field of procurement, or a control body in the field of state defense orders, an executive body of a constituent entity of the Russian Federation, a local self-government body of a municipal district or a local self-government body of an urban district authorized to exercise control in the field of procurement. In accordance with this clause, the contract must be concluded with a single supplier (contractor, performer) on the conditions stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in in accordance with part 2.1 of article 83.2 of this Federal Law, and the maximum value of the contract price. Such price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the relevant procurement participant. The customer's application for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the procurement control body no later than ten days from the date of placement in a single information system the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid. In this case, the approval period should not be more than ten working days from the date of receipt of the specified application. A contract with a single supplier (contractor, performer) shall be concluded within a period of not more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for in Parts 4 and 5 of Article 15 of this Federal Law, within a period of not more than twenty days from the date of placement in a unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid, or in the cases provided for by Parts 1 and 3 of Article 79 of this Federal Law, within the time limits established by Part 13 of Article 78 of this Federal Law. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contractual system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded, either at the price per unit of goods, work, services calculated in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price in accordance with this paragraph, is equated to the winner determination of the supplier (contractor, executor);

(see text in previous edition)

25.1) recognition as invalid of an open tender in electronic form, a competition with limited participation in electronic form, a two-stage competition in electronic form, an electronic auction in accordance with parts 1 and 5 of Article 55.1, parts 1 - 3.1 of Article 71, Part 2.1 of Article 83.2, Article 83.2

(see text in previous edition)

25.2) recognition as invalid of the request for quotations in electronic form in accordance with Part 3 of Article 82.6 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the conditions provided for in the notice of the procurement, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with Part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause shall be equated to the winner in determining the supplier (contractor, executor);

(see text in previous edition)

25.3) invalidation of the request for proposals in electronic form in accordance with Part 26 of Article 83.1 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the conditions stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, or at the price per unit of goods, work, services calculated in accordance with part 2.1 of Article 83.2 of this Federal Law, and the maximum value of the contract price, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal Law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause shall be equated to the winner in determining the supplier (contractor, executor);

(see text in previous edition)

26) concluding a contract for the provision of services related to sending an employee on a business trip, as well as participating in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events. At the same time, such services include ensuring travel to the place business trip, the place where these events are held and back, renting a living space, transport services, providing food;

(see text in previous edition)

ConsultantPlus: note.

From 01.07.2018, customers have the right to make purchases in accordance with clause 28, part 1 of Art. 93 using a single trade aggregator - an information resource (Order of the Government of the Russian Federation of 28.04.2018 N 824-r).

28) procurement of medicinal products that are intended to be prescribed to a patient in the presence of medical indications (individual intolerance, for health reasons) by the decision of the medical commission, which is reflected in the patient's medical documents and the medical commission journal. The customer has the right to conclude a contract for the supply of medicinal products in accordance with this paragraph for an amount not exceeding one million rubles. At the same time, the volume of purchased medicinal products must not exceed the volume of such medications required for the specified patient during the period required for the procurement of medicinal products in accordance with the provisions of Clause 7 of Part 2 of Article 83, Clause 3 of Part 2 of Article 83.1 of this Federal Law. In addition, when purchasing medicinal products in accordance with the provisions of this paragraph, the subject of one contract cannot be medications intended for the appointment of two or more patients. The specified decision of the medical commission must be placed simultaneously with the contract concluded in accordance with this paragraph in the register of contracts provided for in Article 103 of this Federal Law. At the same time, the depersonalization of personal data provided for by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" must be ensured;

(see text in previous edition)

29) the conclusion of an energy supply agreement or a contract for the sale and purchase of electrical energy with a guaranteeing supplier of electrical energy;

30) determination of the supplier, executor by the order of the Government of the Russian Federation on the proposals of the Central Election Commission of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation in the procurement of ballots, absentee ballots, special signs (stamps), information materials posted in the premises of election commissions, commissions referendum, voting premises, and services for the delivery of election documentation, documents related to the preparation and conduct of a referendum, and other items of election commissions used in the conduct of elections to government bodies of constituent entities of the Russian Federation, referendums of the Russian Federation and referendums of constituent entities of the Russian Federation, and also when holding elections to local government bodies and local referendums in municipalities which are the administrative centers (capitals) of the constituent entities of the Russian Federation, except for the cases established by clause 6 of part 2 of article 1 of this Federal Law;

(see text in previous edition)

31) the conclusion of a contract, the subject of which is the acquisition to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs of a non-residential building, structure, structure, non-residential premises, determined in accordance with the decision on the preparation and implementation of budget investments or on the provision of subsidies for capital investments for the purpose of acquiring real estate objects into state or municipal ownership, adopted in the manner established respectively by the Government of the Russian Federation, the highest executive body state power of a constituent entity of the Russian Federation, local administration;

32) lease of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, as well as lease of residential premises located on the territory of a foreign state, by customers carrying out activities on the territory of a foreign state;

(see text in previous edition)

34) the conclusion by the federal executive body of a contract with a foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation in accordance with the rules established by the Government of the Russian Federation;

(see text in previous edition)

35) conclusion by organizations carrying out educational activities and recognized in accordance with the legislation on education by federal or regional innovation platforms, contracts for the supply of equipment (including technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity, with the owner of exclusive rights to such equipment and software at the expense of funds allocated for the development of innovative infrastructure in the education system;

36) conclusion budgetary institution, state, municipal unitary enterprises of the contract, the subject of which is the issuance of a bank guarantee;

(see text in previous edition)

37) procurement of folk art products of recognized artistic merit, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation;

38) conclusion by executive authorities, local self-government bodies of contracts for the purchase of residential premises that meet the conditions for classification as standard housing established by the authorized federal executive body, with a legal entity that has concluded an agreement on the development of a territory in accordance with the Urban Planning Code of the Russian Federation for the construction of a standard housing or an agreement on the integrated development of the territory for the construction of standard housing, at the price and within the timeframes determined by the agreement on the development of the territory for the construction of standard housing or the agreement on the integrated development of the territory for the construction of standard housing, provided that the agreement on the development of the territory for the construction of standard housing or an agreement on the integrated development of the territory for the construction of standard housing provides for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

39) conclusion by executive authorities, local self-government bodies of contracts for the purchase of residential premises that meet the conditions for classifying as standard housing, established by the authorized federal executive body, with a person who concluded in the manner and on the terms provided for by Federal Law of July 24, 2008 N 161-FZ "On Assistance in the Development of Housing Construction", an agreement for the gratuitous use of a land plot for the construction of standard housing, for the integrated development of the territory, which includes, among other things, the construction of standard housing, a lease agreement for the construction of standard housing, for the integrated development of the territory , within the framework of which it is envisaged, among other things, for the construction of standard housing, or a lease of a land plot for construction in the minimum required volume of standard housing, for the integrated development of the territory, within the framework of which I provide including construction in the minimum required volume of standard housing and other housing construction, at a price and within the time frame determined by any of these agreements, provided that they provide for the conclusion of state and (or) municipal contracts;

(see text in previous edition)

40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with intelligence assets. The list of goods, works, services, the procurement of which can be carried out in accordance with this paragraph, is approved by the head of the relevant foreign intelligence body of the Russian Federation;

41) procurement of goods, works, services in order to provide bodies federal service security by means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the procurement of which can be carried out in accordance with this paragraph, is approved by the head of the federal executive body in the field of security;

42) conclusion of contracts with individuals for the performance of work related to the collection and processing of primary statistical data when carrying out on the territory of the Russian Federation federal statistical observation in accordance with the legislation of the Russian Federation on official statistical accounting. At the same time, the volume of work performed by these persons, and the price of the contract, calculated on the basis of the terms of payment of remuneration to persons involved on the basis of contracts to perform work related to the collection and processing of primary statistical data when conducting federal statistical observation on the territory of the Russian Federation, are established by the federal the executive authority responsible for the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information about contracts concluded in accordance with this clause is posted on the website of the federal executive body that performs the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies in the information and telecommunication network "Internet" in the manner established by the federal executive body performing the functions of generating official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, in agreement with the federal executive body for regulating contract procurement systems;

(see text in previous edition)

(see text in previous edition)

44) procurement by state and municipal libraries, educational organizations, state and municipal scientific organizations services for granting the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indices from operators of these databases included in the list approved by the Government of the Russian Federation;

45) procurement by state and municipal libraries, educational organizations, state and municipal scientific organizations of services for providing the right to access information contained in documentary, documentary, abstract, full-text foreign databases and specialized databases of international scientific citation indices from national libraries and federal libraries with scientific specialization. In this case, the price of such a contract concluded with a single supplier (contractor, performer) is determined in accordance with the procedure established by the Government of the Russian Federation;

The law on contract system grants customers the right to make purchases from a single supplier if the contract amount does not exceed 100 thousand rubles. In this article, we will consider who this rule applies to and how to apply it.

Small purchases from a single supplier

A small purchase from a single supplier - up to 100,000 and up to 400,000 rubles - is an easy way to make a purchase without long and complicated procedures.

However, large restrictions are imposed on such purchases (clause 4 of part 1 of article 93 of Law 44-FZ).

Purchases of goods, work or services from a single supplier for an amount not exceeding 100,000 rubles is allowed, provided that the annual volume of such purchases:

  • does not exceed 2 million rubles;
  • does not exceed 5% of the customer's total annual purchases and does not exceed 50 million rubles.

At the same time, the rule for state or municipal educational organizations, cultural institutions, the statutory goals of which are the preservation, use and popularization of cultural heritage sites, as well as other state or municipal institutions, namely: zoo, planetarium, recreation park, nature reserve, botanical garden, national park, natural park, landscape park, theater, concert institution, broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive (clause 5 of part 1 of article 93 of Law 44-FZ).

Such customers have the right to make purchases from a single supplier for an amount not exceeding 400 thousand rubles each. At the same time, the annual volume of such purchases should not exceed 50% of the customer's total annual purchases and should not exceed 20 million rubles.

These two rules ("100,000" and "400,000") complement each other, that is, a customer, for example, a library or a school, has the right to purchase goods, works, services from a single supplier for 100 thousand rubles, say, for 2 million rubles and at the same time, half of all their purchases are also made from a single supplier for 400 thousand rubles. (no more than 20 million rubles in total).

Who benefits from small purchases

There is a case when there are no restrictions on the use of "small" purchases. To meet the municipal needs of rural settlements, purchases can be made in lots of up to 100 thousand rubles. inclusive from a single supplier without restrictions.

Small Procurement Report

In the case of “small” purchases, Law 44-FZ relieves customers from the following obligations:

  • justify in a documented report the impossibility or inappropriateness of using other methods for determining a supplier, except for purchasing from a single supplier, as well as the price of the contract and other essential terms of the contract (part 3 of article 93);
  • include the calculation and justification of the price in the text of the contract (part 4 of article 93);
  • reflect the results of a separate stage in the execution of the contract, information about the delivered goods, the work performed or about the provided in the report (part 9 of article 94).

A simplified form of determining a supplier - purchasing from a single supplier - may be available when purchasing goods for a certain amount. This rule is found in two paragraphs of Article 93 of Law No. 44-FZ (paragraphs 4 and 5), which regulates purchases from a single supplier.

From the article you will learn:

  • to whom the purchase of up to 400 thousand rubles from a single supplier applies;
  • how to place a purchase up to 400 thousand rubles from a single supplier;
  • institutions of which spheres of activity can participate in the procurement;
  • price limits and customer categories;
  • the procedure for registering a purchase of up to 400 thousand rubles from a single supplier.

A simplified form of determining a supplier - purchasing from a single supplier - may be available when purchasing goods for a certain amount. This rule is found in two paragraphs of Article 93 of Law No. 44-FZ (paragraphs 4 and 5), which regulates purchases from a single supplier. Moreover, if clause 4 of Art. 93 (purchases up to one hundred thousand rubles) is available to all customers, then clause 5 of Art. 93 (purchases up to 400 thousand rubles), in addition to price restrictions, is also established by a certain circle of users.

Clause 5 of Art. 93 of Law No. 44-FZ allows for a purchase price of up to 400 thousand rubles to use the services of a single supplier. Additionally, the law limits the annual volume of purchases that can be carried out on the basis of this clause: their total amount should not exceed fifty percent of the total annual purchases of the customer and should not exceed twenty million rubles per year.

Each single source sourcing clause in our tips table is a separate basis for purchasing. For each item on the left, we indicated what needs to be done, and on the right - what is optional. With a live table of prompts, you do not have to scroll through a long list, but you can open only those items that interest you.

From article

The effect of paragraph 5 of Art. 93 of Law No. 44-FZ applies to several categories of customers, and all of them, in one way or another, are united by a field of activity: cultural, educational or leisure. Let's list them separately.

  1. State or municipal cultural institutions. They can exercise the right to purchase from a single supplier on the basis of clause 5 of Art. 93, if in their work they preserve, use and popularize objects of cultural heritage. These goals should be spelled out in the statutes of the institution.
  2. Whole line state or municipal institutions of a specific form - a zoo, a planetarium, a culture and recreation park, a nature reserve, a botanical garden, a national park, a natural park, a landscape park, a theater, an institution specializing in concert activities, TV or radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive.
  3. State or municipal educational organization.

So, for customers of the first category, clause 5 of Art. 93 contains additional condition for purchases from a single supplier, is, paraphrasing clause 5 of Art. 93, preservation of cultural heritage. And what is meant by this, explains the Decree of the President of the Russian Federation No. 808 of 12.24.2014 "On the approval of the Fundamentals of state cultural policy."

The above-mentioned Decree gives a direct definition of "preservation of cultural heritage" - it is "ensuring the physical safety of objects of material cultural heritage, collecting, documenting and studying objects of intangible cultural heritage, involving cultural and scientific objects of cultural heritage".

From this definition it follows that to use the basis of paragraph 5 of Art. 93 of Law No. 44-FZ, for purchase from a single supplier, customers from the first category, who not only take care of tangible objects of cultural heritage, but also take care of intangible objects, can. And these are institutions that support the preservation of the languages ​​of small peoples and dialects, traditions, customs and beliefs, folklore, traditional ways of life of peoples, nationalities, and ethnic groups, preserving the literature that arose on the territory of the Russian Federation, musical, theatrical heritage and cinema, and even unique system training of creative personnel.

To identify a supplier, contractor or contractor, the first step is to plan electronic procedures. Get electronic signature... Choose the site that best suits your organization and register. Next, generate documentation and a notification, carry out procedures and determine a supplier and conclude a contract, taking into account the peculiarities of each of the procurement methods.
See solutions for everyone electronic way: auction, competition, request for quotations, request for proposals.

Purchase registration

The law exempts contract managers from placing a notice of purchase from a single supplier on the basis of paragraph 5 of Art. 93 of Law No. 44-FZ in the unified public procurement information system. In addition, since August 2015, when purchasing on this basis, a report with justification of the contract price and the impossibility or inappropriateness of using other methods for determining the supplier is not required.

As a side note, we add that subject to the conditions of clause 5 of Art. 93 of Law No. 44-FZ, even if the procurement object is on the list of goods, works and services that should be purchased only through electronic auction, the customer has the right to purchase from a single supplier.

Thank you very much, Mikhail, we did everything promptly and the main thing is clear to me ... Since we have found a common language. I would like to continue the communication with you in the future. I look forward to fruitful cooperation.

Olesya Mikhailovna - general director LLC "VKS"

On behalf of the State Unitary Enterprise "Sevastopol Aviation Enterprise" we express our gratitude for the professionalism and efficiency of your company! We wish your company continued prosperity!

Guskova Lilia Ivanovna - manager. SUE "SAP"

Thank you, Mikhail, very much for your help with the design. Very qualified employee +5!

Nadia Shamilevna - entrepreneur IP Anoshkina

On behalf of the company "AKB-Auto" and on my own behalf, I express my gratitude to you and all employees of your company for the productive and high-quality work, sensitive attitude to the client's requirements and efficiency in the execution of the ordered work.

Nasibullina Alfira - Senior Manager"AKB-Auto"

I would like to thank the consultant Mikhail for the excellent work, timely and complete consultations. He is very attentive to the client's problems and questions, prompt solution of the most difficult situations, it would seem to me. It's a pleasure to work with Mikhail !!! Now I will recommend your company to my clients and friends. And the technical support consultants are also very polite, attentive, helped to cope with the complex installation of the key. Thanks!!!

Olga Sevostyanova.

Acquiring a key turned out to be very easy and even enjoyable. Many thanks for the assistance to manager Mikhail. Explains complex and massive things to understand, succinctly, but very clearly. In addition, I called the free hotline and online, together with Mikhail I left a request. I got a key made in 2 working days. In general, I recommend it if you save your time, but at the same time want to have an understanding of what you buy and what you pay for. Thanks.

Levitsky Alexander Konstantinovich Samara

Personal gratitude to the consultant Mikhail Vladimirovich for prompt advice and work on the accelerated receipt of the ES certificate. During the preliminary consultation, the optimal set of individual services is selected. The end result is immediate.

Stoyanova N.L. - Chief Accountant LLC "SITEKRIM"

Thank you for your prompt work and competent help! I was very pleased with the consultation!

Dmitry Fomin

Expert Sistema LLC would like to thank the consultant Mikhail for the prompt work! We wish your company growth and prosperity!

Sukhanova M.S. - AppraiserLLC "Expert System", Volgograd

Thanks to the consultant who introduced himself as Mikhail, for the promptness in working with clients.

Stepan Gennadievich Ponomarev

Many thanks to the consultant Mikhail for his help in receiving EDS... For operational work and advice on issues arising in the process of registration.

Leonid Nekrasov

The company, represented by its consultant Mikhail, does the impossible! Acceleration of accreditation in less than 1 hour! Payment upon delivery of the service. I thought it couldn't happen. WITH full responsibility I can advise you to contact the Electronic Signatures Issuance Center.

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When it happens that customers need to purchase goods or services for small amounts, Federal Law 44 enters into force, regulating this area of ​​legal relations.

Features of the legislative system

The essence of this legislative act is that the institution has the right, without bidding, to purchase from one supplier or contractor, chosen independently, products up to 100,000 rubles and up to 400,000 rubles.

Such purchases are called small purchases. They are carried out, bypassing lengthy procedures, in a very short terms... But there are a number of restrictions that govern the process.

Purchases up to 100,000 rubles

According to Federal law the customer has the opportunity to conclude a contract up to one hundred thousand rubles, if there is no excess of the annual volume of purchases on this basis in the amount of two billion rubles or five percent of the total annual volume of purchases (not more than 50 million rubles).

Procurement up to 400 thousand 44 fz

If you interpret 44 fz, up to 400 thousand can be procured by a cultural organization under state or municipal subordination, among the statutory goals of which there is a need to preserve, use and promote objects that have cultural value and represent the cultural heritage. In addition, this applies to institutions under state or municipal subordination, which have an educational and entertainment nature. These include, for example:

  • Park complexes,
  • Protected areas,
  • Theater and museum complexes,
  • Television and radio broadcasting institutions,
  • Organizations engaged in circus, archival, library activities and some others.

Make purchases up to 400 thousand 44 fz allows those organizations with an annual procurement volume that does not exceed half Money, which are envisaged to carry out purchases according to the schedule plan. But at the same time, it cannot be more than 20,000,000 rubles per annum.

As you can see, the small form of procurement is very convenient and simple for those who need a one-time service and product for a small amount.

The law clearly prescribes such a procurement process that regulates activities between entities exclusively in the legal field.