291 rp dated August 17. Provision of services for the maintenance of a secure data transmission network of the federal and regional levels of the Federal Service for State Registration, Cadastre and Cartography

12/20/2017 15:12, Omsk region, website:

The Omsk OFAS Russia receives applications on the possibility of concluding contracts with a single contractor for the provision of communication services.

Earlier, PJSC Rostelecom sent an information letter to customers with the following content:

“To determine on the basis of paragraph 2 of part of Article 93 of the Federal Law of 05.04. 2013 No. 44 - Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" public joint-stock company long-distance and international telecommunications "Rostelecom" is the sole contractor carried out in 2017 and 2018 by state customers and subordinate institutions procurement of services in accordance with the submitted justification of the contract price: local telephone communication (except for services using payphones and means of collective access); intercity and international telephone communication; telephone communication in a dedicated communication network; intrazonal telephone communication; telegraph communication; communications for the purposes of wire broadcasting; data communications; communications for the provision of communication channels; telematic communication services.

When exercising state control in the field of procurement of goods, works, services to meet state and municipal needs, the Omsk OFAS Russia acts within the powers granted by Federal Law No. 44-FZ dated 05.04. provision of state and municipal needs” (hereinafter referred to as the Federal Law on the Contract System) and the Regulations on the territorial body of the Federal Antimonopoly Service, approved by order of the Federal Antimonopoly Service dated July 23, 2015 No. about the contract system.

At the same time, the antimonopoly body considers it possible to express its position on the above issue.

In accordance with the requirements of Part 1 of Article 24 of the Federal Law on the Contract System, when making purchases, customers use competitive methods to determine suppliers (contractors, performers) or purchase from a single supplier (contractor, performer).

According to part 5 of article 24 of the Federal Law on the contract system, the customer chooses the method for determining the supplier (contractor, performer) in accordance with the provisions of the Federal Law on the contract system. At the same time, he is not entitled to take actions that entail an unreasonable reduction in the number of procurement participants.

Paragraph 1 of Part 1 of Article 93 of the Federal Law on the Contract System provides for the supply of goods, performance of work, provision of services related to the scope of activities of subjects of natural monopolies in accordance with Federal Law No. 147-FZ dated August 17, 1995 "On Natural Monopolies" about natural monopolies).

According to Part 1 of Article 4 of the Law on Natural Monopolies, the scope of activity of subjects of natural monopolies includes services of public telecommunications and public postal services.

The list of public telecommunication services was approved by Decree of the Government of the Russian Federation dated October 24, 2005 No. 637 “On State Regulation of Tariffs for Public Telecommunication and Public Postal Services” and is exhaustive.

Therefore, the procurement of communication services that do not fall under the list approved by Decree of the Government of the Russian Federation of October 24, 2005 No. 637 must be carried out by customers in competitive ways or according to the rules of paragraphs 4 and 5 of part 1 of Article 93 of the Federal Law on the contract system.

By virtue of Part 3 of Article 15 of the Constitution of the Russian Federation, laws are subject to official publication. Unpublished laws do not apply.
Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

In accordance with paragraph 1 of the Decree of the President of the Russian Federation dated 05.23.1996 No. 763 “On the procedure for publishing and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies” (hereinafter - Decree No. 763), decrees and orders of the President of the Russian Federation(hereinafter referred to as - acts of the President of the Russian Federation), resolutions and orders of the Government of the Russian Federation (hereinafter referred to as - acts of the Government of the Russian Federation) subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.

According to paragraph 2 of Decree No. 763, acts of the President of the Russian Federation and acts of the Government of the Russian Federation within 10 days after the date of their signing are subject to official publication in Rossiyskaya Gazeta, the Collection of Legislation of the Russian Federation and on the Official Internet Portal of Legal Information (www.pravo .gov.ru), the operation of which is provided by the Federal Security Service of the Russian Federation.

According to the general rule established by clause 5 of Decree No. 763, acts of the President of the Russian Federation that are of a normative nature enter into force simultaneously throughout the entire territory of the Russian Federation after seven days after the day of their first official publication.

In 2017, in Russia, by orders of the President of Russia of August 6 No. 285-rp and of August 17 No. 291-rp (hereinafter " orders"), PJSC Rostelecom in 2018 was recognized as the sole provider of telecommunication services for 56 federal executive authorities (hereinafter " federal executive authorities", including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).

At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the sole provider of telecommunication services in 2017.

The orders refer to paragraph 2 of part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - " Law N 44-FZ"):

1. Purchase from a single contractor maybe carried out by the customer in the following cases: 2) procurement for state needs from a single supplier, determined by decree or order of the President of the Russian Federation.

These legal acts provide subject of contract, as well as a deadline for which the contract is concluded, and the obligation of the customer to establish a requirement for securing the performance of the contract. When preparing drafts of these legal acts, such drafts shall be accompanied by a rationale for the price of the contract in accordance with the provisions of Article 22 of this Federal Law.

At the same time, the FAS Russia explained earlier:

"... procurement from a single supplier implies that the customer offers to conclude a contract with a specific legal entity or individual. At the same time, the customer does not conduct a formal procedure for selecting a supplier, unlike competitive methods for determining suppliers." (Letter dated February 3, 2015 N АЦ / 4119/15).

The Regulations indicate the following telecommunication services:

1. Telephone:
   • local (with the exception of payphones and means of collective access);
   • intercity and international;
   • intrazonal;
   • in a dedicated communication network;
2. Data transfer;
3. Telematic;
4. Provision of communication channels;
5. Wire broadcasting;
6. Telegraph.

In fact, out of 19 types of telecommunication services provided for by the List approved by government decree No. 87 of February 18, 2014, only 9 types are excluded, and cellular (mobile radiotelephone) communications and television broadcasting services are excluded from the most popular ones.

At the same time, the Ministry of Economic Development of Russia has repeatedly indicated:

"purchasing from a single contractor is a right, and not the responsibility of the customer"(Letters dated March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated September 5, 2016 N OG-D28-10452, dated September 5, 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176).

The FAS Russia takes a similar position, pointing out in its responses to Telecom Operators that the state customer can also use the provisions of Part 1 of Art. 24. Law N 44-FZ "competitive methods for determining suppliers".

Therefore, considering that when choosing a single supplier, the price of the contract cannot be reduced, the federal executive authorities, in order to save the budget on telecommunication services, have the right to choose not PJSC Rostelecom during competitive procedures.

In 2017, in Russia, by Decrees of the President of Russia No. 285-rp dated August 6 and No. 291-rp dated August 17 (hereinafter - ""), PJSC Rostelecom in 2018 was recognized as the sole provider of telecommunication services for 56 federal executive authorities (hereinafter - " federal executive authorities", including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).

At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the sole provider of telecommunication services in 2017.

The orders refer to paragraph 2 of part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - " Law N 44-FZ "):

"one. Purchasing from a single contractor maybe carried out by the customer in the following cases: 2) procurement for state needs from a single supplier, determined by decree or order of the President of the Russian Federation.

These legal acts provide subject of contract, as well as a deadline for which the contract is concluded, and the obligation of the customer to establish a requirement for securing the performance of the contract. When preparing drafts of these legal acts, such drafts shall be accompanied by a rationale for the price of the contract in accordance with the provisions of Article 22 of this Federal Law.

At the same time, the FAS Russia explained earlier: “...purchase from a single supplier implies that the customer offers to conclude a contract with a specific legal entity. or physical. face. At the same time, the customer does not conduct a formal procedure for selecting a supplier, unlike competitive methods for determining suppliers.

The Regulations indicate the following telecommunication services:

1) Telephone:

Local (with the exception of payphones and means of collective access);

— intercity and international;

- intrazonal;

- in a dedicated communication network;

2) Data transfer;

3) Telematic;

4) Provision of communication channels

5) Wire broadcasting

6) Telegraph.

In fact, out of 19 types of telecommunication services provided for by the List approved by government decree No. 87 dated February 18, 2014, only 9 types are excluded, and cellular (mobile radiotelephone) communications and television broadcasting services are excluded from the most popular ones.

At the same time, the Ministry of Economic Development of Russia has repeatedly pointed out: “purchasing from a single contractor is a right, and not the responsibility of the customer«.

The FAS Russia takes a similar position, pointing out in its responses to Telecom Operators that the state customer can also use the provisions of Part 1 of Art. 24. Law N 44-FZ "".

Therefore, consideringthat when choosing a single supplier, the price of the contract cannot be reduced, Federal executive authorities, in order to save the budget on telecommunication services, have the right to choose other than PJSC Rostelecom during competitive procedures.

Letters of March 15, 2017 N D28i-1125, of November 8, 2016 N D28i-2920, of October 14, 2016 N D28i-2694, of September 5, 2016 N OG-D28-10452, of September 5 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176

Other tenders for this time period

General information about the purchase

Contact Information

Information about the procurement procedure

Limitation of participation in the determination of the supplier (contractor, performer), established in accordance with Federal Law No. 44-FZ (in accordance with paragraph 4 of Article 42 of Federal Law No. 44-FZ In accordance with paragraph 2 of part 1 of Article 93 of Federal Law No. 44 dated 05.04.2013 -FZ "On the contract system in the field of procurement of goods, works, services, to meet state and municipal needs", based on the order of the President of the Russian Federation dated 06.08.2017 No. 285-rp

Initial (maximum) contract price

Contract terms

Enforcement of the contract

Information about the object of the procurement

Total: 330 000 000 Russian ruble