44 fz from what amount. The volume of small purchases: plan, procedure, report

What is the procedure for conducting a small volume purchase and what are the restrictions? Is justification and report required for small purchases? Is expertise required? What are the grounds for liability for violations in small purchases? You will find answers to all these questions in this article.

1. Article 93 of the Federal Law No. 44-FZ as a source of grounds for procurement from a single supplier

Part 1 of Article 93 of the Federal Law No. 44-FZ contains a list of grounds on which the customer has the right to purchase from a single supplier. The used definitions of “purchases of small volume” or “small purchases” are not official terms of 44-FZ and are accepted by customers to simplify the terminology, since they should be officially called purchases in accordance with paragraph 4 or 5 of part 1 of Art. 93 FZ No. 44-FZ. These standards contain the main restrictions that the customer should take into account when making such purchases. So, purchases under paragraph 5 can be carried out not by all customers, but only by those specified by this paragraph. Also, when making a purchase of a small volume, the term "total annual volume of purchases" (GPO) is used, the definition of which is contained in Article 3 of the Federal Law No. 44-FZ. A state or municipal customer who makes small purchases should carefully read these existing restrictions.

2. Purchases up to 100,000 rubles

So, according to paragraph 4 of part 1 of Art. 93 No. 44-FZ, the customer can make absolutely any purchases from the EP, regardless of the purpose of such purchases. But it is worth remembering that the amount of one purchase should not be more than 100,000 rubles. At the same time, in accordance with part 3 of article 93 of the Federal Law No. 44-FZ, the customer is not required to prepare a justification for such a purchase, as well as a report on the impossibility of purchasing in another way. This greatly simplifies the procurement procedure. But in addition to limiting the amount of one purchase, there are also the following nuances of a small purchase:

During the year, the total amount of small purchases of goods, works and services up to 100,000 rubles should not exceed 2,000,000 rubles, or the amount of small-scale purchases should not exceed 5% of the SSS, but not more than 50,000,000 rubles. At the same time, these restrictions may not be observed by customers when making purchases to meet the municipal needs of rural settlements;

The limit on the amount of one purchase of a small volume by customers who purchase outside the territory of the Russian Federation may not be observed;

If small purchases are made by federal customers and government agencies to ensure the activities of the Russian Federation, the Government of the Russian Federation, then the calculation of the restrictions on the annual volume of purchases is made separately for each such agency.

When the customer makes small purchases, then in accordance with Article 34 No. 44-FZ, any form provided for by the Civil Code of the Russian Federation for transactions can be concluded, which means that the customer has the right to use, for example, the oral form of the contract, and not just the written one or make purchases on on the basis of payment documents, since such contracts are not subject to the mandatory requirements of the Law 44-FZ on the responsibility of the parties and on the mandatory inclusion in the draft contract of the procedure and deadline for payment of GWS, acceptance of the supplied GWS, as well as the procedure and deadline for registration of acceptance. According to Part 1 of Art. 103 No. 44-FZ, information on contracts concluded as small purchases should not be included in the register of contracts. But at the same time, information on small purchases is included and indicated in the procurement plan and schedule, though not specifically for each small purchase, but as a separate line indicating simply the annual amount of small purchases.

3. Purchases up to 400,000 rubles

For some categories of customers, the limit on the purchase amount has been increased. The list of such customers is established by the fifth paragraph of part 1 of article 93 of the Law on the contract system. But, as well as for small purchases up to 100,000 rubles, there are the following restrictions when making these purchases: The total amount of these purchases cannot exceed 20,000,000 rubles per year; The total amount of these purchases cannot be more than 50% of the Customer's SCO. It should be noted separately that the grounds for small purchases up to 100,000 rubles and 400,000 rubles are different, do not confuse them. But at the same time, small purchases, regardless of the reason, do not require either notification or justification.

4. Small volume procurement expertise

In terms of expertise for small purchases, no exceptions are made by law. Just as in other cases of procurement, in small procurements, the examination can be carried out with the involvement of external experts, or carried out by the customer on his own. Given the small volume of small purchases, the second option looks more appropriate.

5. Penalties for small purchases

In case of violation of the conditions of the small purchases procedure established by clauses 4 and 5 of part 1 of Article 93 of Law No. 44-FZ, the employee of the customer may be held liable in the form of an administrative fine in accordance with Article 7.29 of the Code of Administrative Offenses of the Russian Federation in the amount of 30,000 rubles. There is also a risk of prosecution for the so-called “fragmentation” of purchases, when, in fact, one purchase is divided into several, in order to bring them into line with the requirements of the law. But here it is worth noting that the Ministry of Economic Development of the Russian Federation looks at this situation more favorably than the FAS RF, and admits such a possibility, as it has repeatedly reported in its letters.

Purchases up to 100 thousand under 44-FZ

Procurement legislation (details about it -) does not contain a definition of small volume purchases, however, this expression is sometimes used in practice. In addition, by virtue of paragraph 4 of part 1 of Art. 93 of the Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated April 5, 2013 No. 44-FZ purchases up to 100 thousand rubles. separated into a separate group.

They have the following characteristics and features:

  1. An order can be placed with a single supplier (or service provider, contractor).
  2. The maximum amount of the contract is set for a one-time purchase (no more than 100 thousand rubles).
  3. This type of procurement can be chosen by the customer as long as their share is less than 2 million rubles. or does not exceed 5% of the total annual volume of all purchases (but not more than 50 million rubles).
  4. This framework does not apply to municipalities with the status of rural settlements.

In addition, on the basis of Part 4 of Art. 93 of Law No. 44, when making small-scale purchases, the contract or its annex must include a calculation justifying the cost of the state or municipal order. The justification should be carried out in accordance with the methodological recommendations approved by the order of the Ministry of Economic Development of October 2, 2013 No. 567.

E-shop for small purchases

From 07/01/2018, state and municipal customers have the opportunity to use the so-called electronic store for small-volume purchases. Officially, it is called a single trade aggregator, its functioning is carried out in accordance with the order of the Government of the Russian Federation “On the creation of a single ...” dated April 28, 2018 No. 824-r.

The government has appointed the Moscow company RT-Project Technologies JSC as the operator of this aggregator, the operation of the site is carried out without the participation of budgetary funds, only at the expense of the operator. The resource is located on the Internet at: https://agregatoreat.ru/ and has general access for an unlimited number of people. The regulations for its functioning are posted on the same website, in the "Information Materials" section.

Don't know your rights?

Placing purchases of small volume on the specified resource for state and municipal authorities at the time of writing is advisory. However, already from 11/01/2018, for a number of customers (executive bodies at the level of the Russian Federation and federal state institutions), small purchases using the aggregator will become mandatory.

Small volume according to 223-FZ

The Law “On Procurement of Goods, Works, Services by Certain Types of Legal Entities” dated July 18, 2011 No. 223-FZ contains neither a definition of small purchases nor restrictions on the amount that allow the use of a special simplified procedure for placing a state order. However, Art. 3.6 of Law No. 223 provides that the customer has the right to provide in the procurement regulations for cases in which an order is placed with a single supplier.

Regulation on procurement, in accordance with Part 1 of Art. 2 of Law No. 223, is a legal act that regulates the rules for procurement activities. The document must comply with the requirements established by part 3 of this norm.

Also, part 2.1 of the same article allows the adoption of model provisions. For example, on January 17, 2014, the Ministry of Education and Science approved a model regulation on the procurement of goods, works, services for budgetary institutions. Norms sub. 1, paragraph 29 of this provision provide for placing an order with a single supplier in the event that its price does not exceed a certain amount. Therefore, the size of the small purchase is determined by the customer individually in the respective position.

Thus, according to Law No. 44, a contract worth up to 100 thousand rubles is recognized as a small purchase. The Government of the Russian Federation is recommended to place such orders in a single aggregator. At the same time, Law No. 223 does not mention a small purchase; the size of an order placed with a single supplier may be determined by the procurement regulation.

Turning to statistics, it will be obvious that small purchases are not small at all. If you look at 223-FZ over the years, then:

2016

  • Total purchases - 1,422,676;
  • Amount - 25,720,076 million rubles;
  • Of these, units supplier - 78%;
  • Of these, under direct contracts - about 700,000.

2017

  • Total purchases - 1,312,126;
  • Amount - 27,039,648 million rubles;
  • Of these, units supplier - 72%;
  • Of these, under direct contracts - about 600,000.

If you look at 44-FZ by year, then:

2016

  • Total purchases - 3,085,448;
  • Amount - 6,403,723 million rubles;
  • Of these, units supplier - 11%;
  • Of these, under direct contracts - 70,170.

2017

  • Total purchases - 3,160,724;
  • Amount - 7,100,691 million rubles;
  • Of these, units supplier - 7%;
  • Of these, under direct contracts - 74,280.

On average, about 1,200,000 purchases under direct contracts within the framework of 223-FZ and 44-FZ in the amount of more than 1 trillion rubles take place in Russia per year.

Problems of small purchases and their solutions

At the moment, the regulation of small purchases is not specific. The following issues are still evident:

  1. Lack of transparency in the supplier selection procedure, overpricing;
  2. Lack of prior control of budget limits;
  3. Lack of control over the compliance of the procurement plan with actual implementation;
  4. Significant, in relation to the cost of contracts, labor costs for maintaining paper workflow;
  5. Lack of automatically generated reports on the results of purchases;
  6. Lack of competition in determining the supplier in the form of a specific auction.

Procurement experts, having voiced all these problems, unanimously come to the conclusion that small volume purchases need to be centralized or at least automated, because control, transparency, unity of the economic space and other principles of procurement legislation are achieved to the maximum through the use of modern IT -solutions. Thus, there is a trend towards the centralization of small volume purchases. What is it expressed in?

At the level of regions and municipalities, automated external order systems are being actively introduced, which are focused on the centralization of all procurement activities (including small ones).

As an example, we can cite the systems used in most regions of the Russian Federation. E-shops for purchases within the framework of 223-FZ and 44-FZ are also actively developing. Integrated systems for centralizing and automating the process of purchasing small volumes: a single trade aggregator (electronic store "birch").

Solutions already in use:

  • Active development and implementation of external systems for placing orders at the level of specific regions and municipalities;
  • Development of "electronic stores" for purchases of small volumes within the framework of 44-FZ and 223-FZ;
  • Integrated solutions for centralization and automation of ZMO (Unified trade aggregator).

Any complex project involving centralization and automation involves certain problems for both customers and suppliers, incl. and for small volume purchases.

  • Administrative pressure on participants in the process;
  • Not always market conditions for competition between producers;
  • Bureaucratic heaps in the centralization and automation of ZMO.

Solutions to avoid the above problems, which are currently actively used in the field of small-volume procurement:

  • Electronic stores based on leading ETPs (OTS-Market, RTS-Market, GPB, Roseltorg, Sberbank-AST, B2B, etc.);
  • E-shops based on the applied VSRZ (Krista, Keysystems, etc.);
  • B2C electronic stores (Yandex Market, Market Plaza, etc.).

Benefits of automating and centralizing small purchases for customers and suppliers

Benefits of centralizing and automating low-volume procurement for customers:

  • Decreased time and financial costs for the implementation of the ZMO;
  • Work on the principle of "Single window";
  • Wide functionality in terms of administration of the process of implementation of the ZMO;
  • Formal compliance with the principles of procurement legislation;
  • Potential expansion of supplier base.

Benefits for suppliers:

  • Openness, transparency and competitiveness in ZMO;
  • Procurement showcase and supplier attraction module;
  • IT services for procurement optimization.

Disadvantages of automation and centralization of small purchases for customers and suppliers

  • 15-20% of the suppliers registered in the systems are intermediaries;
  • Inability to continue cooperation with trusted suppliers;
  • Competition in ZMO leads to an increase in the number of complaints.

Cons for customers using automation and centralization systems:

  • Increase in the cost of purchases due to the commission of the operator;
  • The disappearance of "sustainable economic relations" with the customer;
  • Encumbrance with the conditions of registration and participation.

conclusions

Small-volume purchases account for about 1/30 of all purchases under 44-FZ and 223-FZ. The amount and quantity of such purchases will inevitably lead to an increase in administration and control. At this stage, this is the use of centralization and automation systems.

There are difficulties, but we can influence the development of these services and create optimal working conditions for ourselves.

Questions

1. Is the OTC market a competitive purchase or a purchase from a single supplier? In the electronic store OTS-market there is an option for additional trading. In itself, the purchase of a small volume is not competitive and can be concluded through a direct contract. However, this is not very profitable and efficient, as well as labor-intensive. Therefore, the use of such OTC market platforms is the most convenient, profitable and relevant system for purchasing small volumes. 2. One of the criteria for purchasing a small volume is the timing, hence the direct contracts with a single supplier, often not with the lowest price. How will the timing issue be resolved with automation? Will the terms increase many times over? It all depends on the effectiveness of the applied solution. If the timing is critical, then the concept of "urgent purchase" exists even in electronic stores. In case of a problem with the number of applications submitted, the module for attracting suppliers and mailing is activated. An increase in terms as such is not expected when using automation systems. They are designed to speed up the procurement process. When introducing new systems, at the first stages, a period of pilot operation is provided, when the process of forming a pool of suppliers is underway, which provides for the presence of certain problems with deadlines and proposals. As soon as the system gains momentum, these problems are solved. 3. What should schools do when purchasing 4-5 textbooks? Can they bypass e-shops? Here we are talking about the use of a single e-commerce aggregator. It is necessary to wait for the publication of the regulations in the new edition, there will be given specific explanations. 4. The supplier did not bring raw materials in the morning, so a power failure is planned. On the same day, an agreement is concluded with another supplier who delivered on time. Automated e-procurement will not be faster in such a situation... Stable economic ties and pools of suppliers with whom we are accustomed to working dictate both pluses and minuses in the implementation of procurement activities. It all depends on how quickly and how difficult the transition period is. 5. Is there any insider information about the forced transfer of subjects of 23-FZ to small-volume purchases through electronic services (similar to 44-FZ)? If yes, what are the timeframes? There is no new information yet. There are two biases: the opinion on the part of lawmakers that 223-FZ should become a section of 44-FZ, and the opinion that 223-FZ should remain as it is. None of these opinions prevailed. 6. Are autonomous entities required to purchase using e-shops? There are no legal obligations to use e-shops, but there are local regulations at the level of some regions. 7. OTC-market: what is the time period from the customer's decision to make a purchase to the conclusion of the contract? When making a purchase of a small volume, the terms are set by the customer. There is no legal regulation as such. However, the average time is 3-5 business days. 8. Is it possible to split a purchase with one item into two contracts less than 100 thousand rubles? FAS is very zealous about splitting purchases, so it's better not to do this. 9. Is it possible to view supplier documents in the OTC service for small volume purchases? If there are requirements in the notice that the supplier must attach any documents, then you can view them. 10. Municipal institutions making purchases under 223-FZ, should they switch to purchases in small volumes? The use of the market by a specific customer is his personal decision. The market has a number of advantages for the customer, respectively, it can be used or not used if there is no regulation on the use of a particular electronic store at the regional level. 11. It turns out that within the framework of automation and centralization, it will become problematic to conclude an agreement within 1-3 days? This is not problematic, but depends on the market conditions of a particular region and the pool of suppliers of a particular customer. 12. What is considered a small volume purchase under 223-FZ? Within the framework of 223-FZ, a small-volume purchase is a purchase of up to 100 thousand rubles if the organization's revenue is less than a billion rubles, and up to 500 thousand rubles if the revenue is more than 5 billion rubles. They are not published in the plans, notices on them are not published in the EIS. 13. If we cannot know in advance the need for goods, for example, for a year and are purchased monthly, as soon as the need is revealed, can this be considered fragmentation? If you have documents confirming the frequency of purchases, then this is not fragmentation, but a necessity. 14. If the customer works according to 44-FZ and 223-FZ, then small-volume purchases can be made both there and there? No, the customer, first of all, works according to 44-FZ. Work on 223-FZ in this case is carried out on certain legislative grounds.

We are moving on to purchases from a single supplier for amounts up to 400 thousand rubles. A limited number of customers have the right to conduct them. Among them are only municipal and state organizations:

  • cultural and educational institutions;
  • parks, zoos, reserves, botanical gardens;
  • theaters, museums, concert organizations, planetariums, circuses;
  • palaces and houses of culture, clubs;
  • archival and library institutions;
  • organizations associated with television and radio broadcasting that have state or municipal funding.

There are also restrictions on them: the annual volume of purchases that the customer is entitled to make should not exceed 50% of the total annual purchases of the customer and should not exceed 20 million rubles.

Purchases of small volume (up to 100 and 400 thousand)

  • Categories
  • Accounting
  • 44 fz - procurement planning up to 400 thousand rubles. Please advise how we should proceed in such a situation.
    We, a state budgetary institution, have allocated subsidies for the fulfillment of a state task; in terms of financial and economic activity, expenses for the supply of goods, the provision of services and the performance of work have been approved in the amount of 2.5 million rubles. In connection with the change in Federal Law 44, it states that the customer can make small-scale purchases up to 2 million rubles, and if more, then 5% of the total planned expense.
    Can the customer make purchases of a small volume up to 2 million rubles, if in terms of financial and economic activity it is calculated for 2.5 million rubles, and the remaining 500 thousand rubles through tenders.

Direct purchase from a single supplier

Print Any government customer from time to time has to make purchases for small amounts. In some cases, their volume is so small that competitive bidding is considered irrational from an economic point of view.


Therefore, the legislator allows small purchases under 44-FZ from a single supplier. In this situation, a number of legislative norms work.
Small purchase procedure Small purchase procedure can be carried out only if the contract value does not exceed 100 or 400 thousand rubles. The value of the price limit directly depends on the subject of the purchase, the form of its organization, the scope of activities and the annual value of purchases.

All grounds for making such purchases are detailed in paragraph 4.5 of Part 1 of Art. 93 44-FZ. Justifications for a small purchase The basis for purchasing from a single supplier in the amount of less than 100 thousand rubles.

absolutely every customer has rubles.

Purchases of small volume 44-fz

  • RusTender
  • Question answer
  • 44-FZ
  • Purchases of small volume 44-FZ

Small-volume purchases under 44-FZ are a non-competitive type of supplier determination, in which the contract price does not exceed 100 thousand rubles (in some cases, 400 thousand rubles), and the state customer has the right to conclude such contracts, observing certain rules. Legislation regulates all cases in which a public institution has the right to carry out small purchases, and establishes reporting requirements for such procedures.
Purchases up to 100,000 rubles All federal and municipal organizations can carry out public purchases of small volumes up to 100,000 rubles. The customer evaluates the feasibility of such a procedure, then prepares a draft contract and submits it for agreement with the contractor.


If both parties are satisfied with everything, then the contract is signed.

Small purchases under 44-fz

The procurement documentation and the draft contract are posted on the CAB in electronic form (clause 22 of PP No. 908). If the Procurement Regulations of the Customer provide for the placement of other information about the procurement (part 6 of article 4 of Law No. 223-FZ), such information is also posted in electronic form (clause 23 of PP No. 908).

Info

Appendix No. 2). The Procurement Notice will be considered placed on the CAB in a proper manner after it is signed with a qualified certificate of the electronic signature verification key (electronic signature) in accordance with the requirements of clause 4 of Ch. I PP No. 908, along with the documentation and the draft contract, which are also signed with an electronic signature at the time of publication of information about the procurement on the CAB.


Information compiled using the functionality of the official website must match the information posted on the CAB and contained in documents in electronic form.

Small purchases from a single supplier under 44-fz

The calculation principle remains the same: the annual volume does not include contracts concluded, but contracts paid for the current period. Small Volume Purchasing Practices: Exceptions and Limitations Small Volume Purchasing Practices are subject to certain exceptions.


For example, when purchasing from institutions in the agricultural sector, limits are not calculated. This norm is fixed by paragraph 4 of part 1 of Art. 93 44-FZ. In addition, federal executive authorities may be guided by special provisions when making small purchases.

For them, restrictions on the annual volume of purchases up to 100 thousand rubles are calculated in a separate order. Finally, it's worth mentioning that some customers see allowing small purchases from a single supplier as an opportunity to avoid bidding or even outsource contracts directly to "their" firm.

Memo for direct purchase up to 100/500 thousand rubles:

For purchases up to 400,000 rubles. in addition to limiting customers by activity, there is a limit on the volume and amount of such public procurement - they should not exceed 50% of the organization's SOGZ and their amount should not exceed 20 million rubles. Such procedures should also be included by the customer in the procurement schedule, but placement in the EIS is not required.

The customer independently keeps their records and provides a report on them at the end of the annual financial period. Penalty for Violation of Requirements in Small-Volume Purchases The Code of Administrative Offenses in Part 1 of Article 7.29 provides for the liability of officials for violation of the requirements established by law when purchasing from a single supplier.

If errors in procedures up to 100 / 400 thousand rubles are detected, an administrative fine in the amount of 30,000 rubles will be charged from an official in the customer's organization.
At the same time, only certain types of organizations can purchase without competitive bidding in the amount of up to 400 thousand rubles. But let's talk about everything in order. So, with regard to small purchases, restrictions on their limits on annual volume come into force.

Within the framework of the law on the contract system, two options for calculating the maximum possible volume are set out:

  1. in the amount of not more than 2 million rubles per year;
  2. for an amount not exceeding 5% of the total annual financial volume of the enterprise's purchases.

When making calculations, it is also necessary to take into account contracts concluded before the beginning of a certain financial period, but paid after it has come. Thus, for a company with a large turnover, the second calculation option is much more profitable and convenient, while the rest are better off choosing a fixed limit of 2 million rubles.

Purchases up to 500 thousand for 44 ap

Attention

In this case, the annual purchase limit is set at 50% of the total purchases per year. This figure cannot exceed 25 million rubles. These customers include:

  1. Municipal institutions of culture.
  2. Zoos, planetariums, recreation parks, reserves, botanical gardens.
  3. Concert institutions.

broadcasting organizations.

  • Archives, libraries.
  • Physical culture and sports organizations.
  • Museums.
  • A complete list of such organizations is specified in clause 1.5 93 of Article 44-FZ. When calculating the total annual volume of purchases, only contracts paid for this period are taken into account.

    Deviations from the norms are also possible for executive authorities. They have the right to set the annual limit for small purchases independently.

    Purchases up to 500 thousand at 44 fz

    Within the framework of the Code of Administrative Offenses of Russia, the customer is liable for exceeding the limits for such purchases. A fine of at least 30 thousand rubles may be imposed. Therefore, it is important for the customer to carefully control their costs and plan purchases correctly. The procedure for conducting a small purchase within the framework of 44-FZ Conducting a small purchase begins with identifying the needs of the customer. The organizer must determine the procurement object that is important for him, which he can purchase from a single supplier, calculate the price and prepare a draft contract. The customer generates an invitation for the participant he plans to involve in the delivery. If the potential supplier agrees to the proposed terms, a contract is concluded. At the same time, the basis on which this particular procurement method is chosen must be spelled out in the contract.

    Purchases up to 500 thousand for 44 fz budgetary institution

    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 total annual purchases of the customer 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, also make half of all their purchases from a single supplier for 400 thousand rubles. (no more than 20 million rubles in total). Read also: Purchasing from a single supplier: what to consider Who has the advantage in making small purchases There are cases when there are no restrictions on the use of "small" purchases.

    Certain types of municipal and state organizations can organize purchases from one supplier in the amount of up to four hundred thousand:

    • organizations of culture and education;
    • landscape parks, zoological parks, nature reserves;
    • organizations involved in theatrical, circus and concert activities;
    • palaces of culture;
    • libraries and archives;
    • enterprises engaged in television and radio broadcasting; and others (types of organizations are indicated in Article 93 of Law 44-FZ).

    Some restrictions are set for them: the organization has the right to carry out a yearly volume of purchases not exceeding half of the total volume of purchases per year and not exceeding twenty million rubles. When calculating the total volume for the year, the contracts for which payment was received in the current period are also taken into account.

    Small purchases under 44-fz

    An example of calculating the minimum annual volume of public procurement from the SMP and SONCO 30 44-FZ (we will accept for 3 million rubles), and calculate 15% of the amount received, i.e. (10,000,000 - 3,000,000) × 15% = 1,050,000 rubles. Example of calculating the maximum annual volume of public procurement by conducting a request for quotations This figure should be 10% of the value of the ESG.
    10,000,000 × 10% = 1,000,000 rubles

    Attention

    At the same time, the annual amount of orders placed through the request for quotations should not exceed 100 million rubles. An example of calculating the maximum annual volume of public procurement under paragraph.


    4, 5 h.1 Art. 93 44-

    Federal Law According to paragraph 4 of part 1 of Art. 93 it can be 5% of the SGOZ, or 2 million rubles. If the customer uses the above formula, then the volume should not exceed 50 million tons.

    rubles. 10,000,000 × 5% = 500,000 rubles According to paragraph 5 of part 1 of Art.

    Purchases of small volume (up to 100 and 400 thousand)

    Info

    SHOZ. At the same time, according to paragraph 5 of part 1 of Art. 93 44-FZ, it should not exceed 20 million rubles. 10,000,000 × 50% = 5,000,000 rubles The total annual volume of purchases in the 223-FZ The SGOZ under the Law on the contract system does not provide for including funds for paying for contracts under the Law on the Procurement of Goods, Works, Services by Certain Types of Legal Entities (223-FZ) or on the basis of the previously existing Law on Placement of Orders ( 94-FZ).


    For organizers who purchase under 223-FZ, the requirements for 2018 in relation to the SGOZ are established (GD dated December 11, 2014 No. 1352). The cost of all orders from small and medium-sized businesses should be at least 18% of the total cost of all contracts for the year that customers concluded as a result of procurement.

    Purchases of small volume 44-fz

    Within the framework of the Code of Administrative Offenses of Russia, the customer is liable for exceeding the limits for such purchases. A fine of at least 30 thousand rubles may be imposed.
    Therefore, it is important for the customer to carefully control their costs and plan purchases correctly. The procedure for conducting a small purchase within the framework of 44-FZ Conducting a small purchase begins with identifying the needs of the customer.


    The organizer must determine the procurement object that is important for him, which he can purchase from a single supplier, calculate the price and prepare a draft contract. The customer generates an invitation for the participant he plans to involve in the delivery. If the potential supplier agrees to the proposed terms, a contract is concluded. At the same time, the basis on which this particular procurement method is chosen must be spelled out in the contract.

    Small-volume purchase limits under 44-fz for a budgetary institution

    To do this, they use artificial splitting of contracts, breaking one expensive lot into many 100,000-strong contracts and concluding all of them with one organization. Such an action can be qualified as a sham transaction, which is an administrative offense and is punishable in accordance with Part 1 of Art.
    1.2 Art. 7.29

    Important

    Code of Administrative Offenses of the Russian Federation. If you encounter such violations by government customers, you should immediately report them to the Federal Antimonopoly Service. Don't know how to properly file a complaint or submit it? Our experts will be happy to help you.


    Together with you we will make the tender market competitive and transparent! The material is the property of bicotender.ru.

    Small volume purchases

    The Ministry of Finance also explained the need to include in the SGOZ funds to pay for the contract when ordering from a single supplier in an amount not exceeding 100,000 rubles (clause 4, part 1, article 93). What information is not included On the basis of Part 1 of Art. 30 there is a list of government orders that are not included in the calculation of the indicator.
    These are public procurements from small businesses and socially oriented non-profit organizations (SMP and SONKO):

    1. For the defense and security of the country.
    2. By providing loans.
    3. In the field of the use of atomic energy.
    4. The only supplier on the basis of part 1 of Art. 93 laws.
    5. With closed methods for determining the supplier.

    Objectives of the SHOZ Considering the total annual volume of purchases, article 44 of the Federal Law on contract service (part 1 of Art.

    Cumulative annual purchases

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    2. Tenders, contract system in the field of procurement

    Good afternoon. We are a budgetary institution, we work according to 44 Federal Laws. I am interested in the issue of small-volume purchases up to 100 tr. 2000000 lot we have completely spent with the 2017 budget. Can we now conclude contracts with the budget of 2018 (up to 100 tr.)? wouldn't that be over the 2017 limit? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

    • How to make a small volume purchase - 44 Federal Laws up to 400 thousand rubles in accordance with the changes
    • Does a budgetary institution need to develop a procurement regulation within the framework of 44-FZ?

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