Small volume purchases under 44-FZ: concept, restrictions, procedure and features of implementation

Changes in Federal Law-44

On April 1, 2021, a new version of Law No. 44-FZ came into effect. However, the amendments are more of a technical nature. Nothing changes for customers and procurement participants.

Thus, the list of data controlled by the Treasury will be streamlined. The department will monitor:

not exceeding the volume of financial support included in the schedules over the amount of financial support approved and communicated to the customer;
compliance with information on procurement identification codes and not exceeding the volume of financial support contained in information and documents that are not subject to formation and placement in the Unified Information System.

For control through the Unified Information System, the department will compare:

notices of procurement and information in schedules;
protocols for identifying suppliers (contractors, performers) and information in notices;
terms of draft contracts sent to procurement participants with whom contracts are concluded, and information in the protocols for identifying suppliers (contractors, performers).

Electronic stores for small volume purchases

The April changes will also affect clauses 4 and 5 of Article 93 of 44-FZ. According to the innovations, customers will be able to organize purchases through so-called electronic stores. The term “electronic store” itself is not in contract legislation, but it is common among customers.

Through electronic stores it will be possible to purchase only goods (and not works or services) and provided that the contract price does not exceed 3 million. This opportunity will appear after Part 12 of Article 93 of 44-FZ comes into force.

Among the new functions, we note that both customers and contractors will have to take the product name and characteristics from the GWS catalog.

Guided by Part 12 of Article 93, customers will have to prepare the following package of documents for events up to 3 million rubles:

notification (clause 3, part 12, article 93);
draft contract (clause 4, part 12, article 93);
justification (part 4 of article 93).

From 04/01/2021, when purchasing goods from a single contractor under clauses 4 and 5 of Article 93, customers will be able to choose the form of the event:

up to 600 thousand, without using the functionality of electronic stores, on ETP (with the exception of EAT “Berezka”, regional and municipal electronic stores);

up to 3 million in electronic stores on electronic platforms. In this case, the following rules must be observed:
goods are purchased;
NMC of the contract does not exceed 3 million rubles;
the annual volume of such procedures remains unchanged.

And for the procurement of works and services, the old order will apply.

What the procurement participant will have to include in the application

Its compliance with the requirements of clause 1, part 1, art. 31 of Law No. 44-FZ, the participant will confirm the application with documents. Now the participant is only required to declare such compliance. The customer will not be able to demand documents that are sent along with the goods.

The participant will also have to provide a decision on the approval of a major transaction, if for him this is the contract itself or monetary security for the execution of the contract.

Also, in addition to the information that the participant provides now, he will have to indicate the country of origin of the goods, if such a requirement is in the notice.

The procedure for carrying out small purchases under 44-FZ

In Russian legislation there is no such thing as a “small purchase”. According to Federal Law 44, there is no division into small and large purchases. There are monopoly purchases from one supplier (Article 93, Part 1, Clause 4) for an amount of no more than 100 thousand rubles per transaction and 50 million rubles per year. A company or individual entrepreneur can take part in the tender if it has submitted an application to carry out work or has been approached by the state to provide certain services.

Drawing up an application for small volume purchases

What will change in the consideration of applications?

There will be only one protocol - a protocol for summing up the results. The commission will include information that is currently provided for the protocols. It will also be necessary to indicate information about the price increase in connection with the provision of benefits to penal institutions organizations and organizations of the disabled, as well as information about the recognition of the request for quotation as invalid.

Members of the commission will assign serial numbers to applications accepted for procurement as the price proposed by the participant increases. Now this is done by the operator of the electronic platform. These numbers will also need to be included in the debriefing protocol.

The list of cases when approval is necessary will change

It will be necessary to agree on the possibility of concluding a contract if it does not take place:

closed competition, competition with limited participation, two-stage competition or auction;
open competition, competition with limited participation or two-stage competition, if only one application has been submitted or remains;
electronic competition, if only one application has been submitted or remains;
electronic auction, if only one application was submitted or remained, there was not a single price offer;
request for proposals in electronic form if only one application has been submitted or remains, no applications have been submitted or all participants have been rejected;
request for proposals, if one application was submitted or none was submitted.

Thus, the conclusion of the contract will need to be agreed upon even after failed electronic procedures. However, it is not a fact that you will have to contact the control body more often. Approval will only be required for purchases from NMCC that exceed the size limit that the government must set.

Report on small purchases

For “small” purchases, Law No. 44 exempted customers from the following responsibilities:

substantiation in the report of the impossibility (inexpediency) of using other methods of determining a supplier, in addition to procurement from a single supplier, as well as justification of the price and other essential terms of the contract (Article 93, part 3);
inclusion in the calculation and justification of the price directly in the text of the contract (Article 93, part 4);
reflection in the report of the results of the implementation of individual stages of the contract, as well as information regarding the delivered goods (work, service) (Article 94, Part 9).

If you want to know more, then you need to take an online distance course on the topic: “Contract system under Law No. 44. Participation of suppliers in an electronic auction

Tags : small purchases, sole supplier,

May 16, 2016

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The control body will conduct an unscheduled inspection of procurement

During the consideration of the application, the control body will conduct an unscheduled inspection of the procurement. If violations are discovered, the contract can be concluded only after the execution of the order issued as a result of the inspection. If necessary, the customer will adjust the draft contract and send it to the participant.

The contract will need to be concluded no earlier than 10 days from the date the protocol is posted in the Unified Information System or signed and no later than 20 days from the day the customer receives the approval decision.

Electronic small procurement

The customer will be able to conduct small purchases in the amount of 3 million rubles if such purchases are carried out electronically. Note that the annual volume of such purchases remained unchanged. We believe that purchases in electronic form will be included in it, so you should adhere to the following limits:

5% of SGOZ and fifty million rubles. — for purchases under clause 4, part 1, art. 93 Law No. 44-FZ;
50% of SGOZ and thirty million rubles. — for purchases under clause 5, part 1, art. 93 of Law No. 44-FZ.

The customer will be able to carry out such purchases for an amount of up to 3 million rubles. subject to the annual limit.

The procurement participant will form a preliminary proposal for the supply of goods on the electronic platform, and the customer will place a notice justifying the contract price in the Unified Information System. The operator of the electronic platform will select five preliminary proposals with the lowest unit price and send them to the customer. The further procedure will be simplified.

The procurement participant will form a preliminary proposal for the supply of goods on the electronic platform. The preliminary proposal will need to include, in particular:

name and characteristics of the product;
trademark (if available);
name of country of origin;
a document (a copy thereof) confirming the country of origin, if the national regime is applied;
unit price;
maximum quantity of goods offered;
the validity period of the offer, which cannot be more than a month from the date of placement of the offer;
information about the participant;
documents on its compliance with legal requirements;
declaration of its compliance with the requirements of Law No. 44-FZ;
decision to approve a major transaction.

The customer places a notice justifying the contract price in the Unified Information System. Within one hour from this moment, the operator of the electronic platform selects five preliminary offers with the lowest unit price from those that meet the requirements for the product and the participant established in the notice. If at least two proposals are not received, the operator informs the customer about this, places a notice in the Unified Information System and does not send documents to the customer.

The customer has one working day to make a decision on the proposals. As a result, he forms a protocol for summing up the supplier determination on the electronic platform. The minutes must indicate the decision on each proposal and justify the rejection of applications.

The customer enters into a contract in a simplified manner provided for a new request for quotations in electronic form.

Limits on the annual volume of small purchases

Small volume purchases are periodically needed by every government customer. In this case, the purchase volume may be so small that competitive bidding is irrational for economic reasons. In this regard, 44-FZ enshrines the customer’s right to conduct small purchases in a non-competitive format.

The amount of small volume purchases can be no more than 300 or 600 thousand rubles. The limit value in this case will depend on:

From the form of organization.
From the customer’s field of activity.
From the annual total purchase amount.

Until July 2021, small-volume purchases were understood to be purchases within 100 thousand rubles. Now, according to Art. 93 44-FZ it is allowed to purchase goods and services in the amount of up to 300 thousand rubles. But the annual limit for small volume purchases, which the customer must take into account, remains the same. It is no more than 2 million rubles. or 5% of the annual volume and no more than 50 million rubles. When calculating limits, you need to take into account contracts signed before a given financial period and paid after it.

The customer has the right to choose any method for determining annual purchase limits from a single supplier. More profitable for a customer with large turnover is the second option for determining the annual limit: no more than 5% of the annual limit, while for small customers the first option is with a fixed limit of 2 million rubles. is more appropriate. The amount of 5% of the SGOZ will be less than 2 million rubles. for organizations with annual purchases up to 40 million rubles.

When the customer artificially splits the purchase into several small ones within 300 thousand rubles. in order to evade competitive procurement, he may face administrative liability. Code of Administrative Offenses under Part 1 of Art. 7.29 provides for liability for the customer’s official for splitting the purchase in the amount of 30 thousand rubles.

Changes to 44-FZ regarding small purchases also affected clause 5, part 1 of 93-FZ. According to this paragraph, the following organizations are purchased:

zoos;
theaters;
palaces of culture;
museums;
parks;
nature reserves;
botanical gardens;
planetariums;
cultural and educational institutions;
concert organizations;
circuses;
clubs;
archival and library institutions;
television and radio organizations with state and municipal funding.

Additionally, the House of Folk Art and Crafts was included in the list of such organizations.

The maximum purchase amount from a single supplier for such organizations has increased from 400 to 600 thousand rubles. The maximum volume of such purchases for them increased from 20 to 30 million rubles. It should not be more than 50% of the customer's SGOZ.

According to the new rules, the customer does not need to publish notices of purchases from a single supplier in the Unified Information System. Also, such purchases are not included in the plan for 2021.

What are small volume purchases under 44-FZ, and what are the restrictions on small volume purchases?