Who is responsible for the content. Internal operational boundaries

Small-volume purchases under 44-FZ- this is 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.

This is written in detail in paragraphs 4 - 5, part 1 of Art. 93 44 of the Federal Law.

Purchases up to 100 thousand rubles

All federal and municipal organizations can carry out public procurement 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.

As a basis - the customer indicates paragraph 4, part 1 of Art. 93 44-FZ.

The table below shows the regions of the Russian Federation in which the maximum volume of small purchases (in billion rubles) of the total volume of tenders under the procurement plan for 2017 was carried out.

Grounds for small purchases up to 100 thousand rubles.

The only requirement that the law establishes in this case relates to limiting the scope of such procedures - clause 4, part 1 of Art. 93 44-FZ.

So, the customer has the right to choose independently one of two options, which will be guided by public procurements up to 100 thousand rubles:

they should not exceed 2 million rubles. in year;

they should not exceed 5% of the total volume of annual purchases, and at the same time be less than 50 million per year.

Special conditions apply to small purchases to meet the needs of rural settlements. For such municipal customers, the above requirements for the volume of purchases up to 100 thousand rubles are removed. and they can apply this method without any restrictions.

Accounting for purchases up to 100 thousand rubles

The customer is not required to publish small public procurements up to 100 thousand rubles in the EIS. But at the same time, he must keep a log of registration of concluded contracts and related documentation. At the end of the reporting period, reports are generated that are already published in the EIS.

But the customer is obliged to include such procedures in the procurement schedule, making a separate line.

The customer can keep records both manually and using special programs that will display all the information: planned, ongoing and completed auctions.

At the same time, there is a possibility of unfair use of small volume purchases.

Some customers deliberately divide a larger contract into several procedures up to 100 thousand rubles. and conclude several contracts with the same organization.

Such a transaction may be recognized as unlawful, as a result of which the customer will be held administratively liable.

What is the best limit for low volume purchases?

If we talk about options for using restrictions for small public procurements up to 100 thousand rubles, then it will be more profitable for large state institutions that conclude a large volume of contracts to use the method - 5% of the total volume of annual purchases (hereinafter referred to as SOGZ).

for example, SOGZ for the year from the municipal institution is 300 million rubles, in this case, using the “five percent” method, the organization has the right to purchase up to 100 thousand rubles. for 15 million rubles. — which corresponds to a limit of 50 million for such transactions.

And organizations whose annual volume does not exceed 40 million rubles. it is much more profitable to use the limit of 2 million rubles. Because the amount of 5% of the SSS will in any case be less than the two million indicated.

Purchases up to 400 thousand rubles

These procedures are regulated by clause 5, part 1, article 93 44-FZ.

According to the law, transactions up to 400 thousand rubles. have the right to conduct state and municipal cultural institutions whose activities are aimed at the preservation and use of cultural heritage sites, as well as other institutions specified in this part.

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.

Video review of material on small purchases 44-FZ

Penalty for non-compliance with 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.

When all legal requirements are met, small purchases are a very simple and profitable way to identify a supplier and conclude a contract.

E-shop for small volume purchases

From July 1, 2018 an electronic store will begin to operate, the functionality of which will be to make it easier to make purchases up to 100 thousand rubles and 400 thousand rubles. The rules of operation of the service will specify the rules for interaction between the operator, suppliers and customers.

The unified trade aggregator (EAT) "Beryozka" is available at agregatoreat.ru. To participate, you will need to register and provide the necessary documents. It will interact with a unified information system, as well as various regional information resources.

The purpose of creating this service is to simplify the procedures for standard purchases (for example, office supplies) for municipal needs, as well as to save budget funds during such purchases.

The customer retains the right to purchase in the standard way if the desired product is not available in the online store or he finds an offer at a better price.

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

Cases of 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, such purchases are subject to great restrictions (clause 4, part 1, article 93 of Law 44-FZ).

Purchases of goods, work or services from a single supplier for an amount not exceeding 100,000 rubles are 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, there is a rule for state or municipal educational organizations, cultural institutions, the statutory goals of which are the preservation, use and popularization of cultural heritage objects, as well as other state or municipal institutions, namely: a zoo, a planetarium, a park of culture and recreation, a nature reserve, a botanical garden, national park, natural park, landscape park, theatre, institution carrying out concert activities, broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive (clause 5 part 1 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 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).

Who benefits from small purchases

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

Small Purchase Report

In the case of "small" purchases, Law 44-FZ exempts customers from the obligation to:

justify in a documented report the impossibility or inexpediency of using other methods for determining the 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 of the execution of the contract, information about the delivered goods, the work performed or the information provided in the report (part 9 of article 94).

Purchase from a single supplier (contractor, performer) can be carried out by the customer for an amount not exceeding 100 thousand rubles. However, this restriction does not apply to the purchase of goods, works, services carried out by customers for the needs of rural settlements (clause 4, part 1, article 93 of Law No. 44-FZ). Is there a document that spells out these needs, or does each settlement approve them independently at the Council of Deputies?

We are a public school. Can we, according to the agreement, make purchases from a single supplier in the amount of up to 400 thousand rubles, if our charter does not include among the goals "preservation, use and promotion of cultural heritage"?

An educational institution has the right to conclude contracts with a single supplier up to 100 thousand rubles () but not more than 5% of the amount of funds provided for all purchases in accordance with the schedule. At the same time, according to educational institutions, they can conclude contracts up to 400 thousand rubles, but not more than 50% of the amount of funds provided for the implementation of all purchases in accordance with the schedule. The question arises: if institutions can conclude contracts of up to 100 thousand and up to 400 thousand, then how then to determine on what basis such contracts were concluded (for example, if an institution enters into an agreement in the amount of 380 thousand rubles, and the schedule in the amount of 900 thousand rubles)?

We are a municipal autonomous preschool educational institution. In 2014, we were allocated about 2.5 million rubles. for current repairs in connection with the opening of additional educational groups. These funds are not included in the municipal task. What law should we be guided by when making purchases for the provision of current repair services?

Can a municipal budgetary educational institution of additional education for children make purchases from a single supplier in accordance with?

A budgetary educational institution makes a purchase in accordance with (up to 400 thousand rubles). How can you justify this purchase? For example, we buy ready-made meals for the school from a single supplier in the amount of 250 thousand rubles. Should we justify the impossibility or inexpediency of using other methods for determining the supplier (contractor, performer) in a documented report posted in a single information system (), or can we simply refer to this paragraph of the law? If they have to justify, then how? There are no organizations in our city that would specialize in the preparation of baby food and we conclude an agreement with a trusted supplier (from an individual entrepreneur).

The institution was given limits, according to which, under the item "Purchase of goods, works, services", the amount of financing for 2014 was brought in the amount of 50 thousand rubles. The institution needs to conclude an agreement for the provision of services for the publication of official materials, an agreement for the supply of office supplies, and other agreements.

Does this institution have the right, using, to conclude contracts with several single suppliers, provided that the amount under the contract with each of the suppliers will be no more than 2.5 thousand rubles. (5% of 50 thousand rubles) or the institution is obliged to apply competitive methods for determining the supplier (requests for quotations, tender, auction, request for proposals) in the amount of at least 47.5 thousand and only the amount of 2.5 thousand rubles. has the right to use for purchases from a single supplier?

Purchases up to 100 thousand rubles. from a single supplier can be made only if the total annual volume of such purchases does not exceed 5% of the amount of funds provided for all purchases of the customer in accordance with the schedule ().

Is it necessary to include purchases from a single supplier and natural monopolists in the calculation to determine the share of participation of small businesses in the total annual volume of purchases?

What rule of Law No. 44-FZ (clause 4 or clause 5, part 1, article 93) should a municipal budgetary educational institution (school) be guided by when concluding an agreement with a single supplier?

How to conclude a state contract for the provision of communication services with a single provider?

We are a budgetary organization, we regularly buy coal. How can we justify the price when concluding a contract with a single supplier, if there is only one supplier of coal in our locality?

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Guskova Liliya Ivanovna - manager. SUE "SAP"

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

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I want to thank the consultant Mikhail for the excellent work, timely and complete consultations. He is very attentive to the client's problems and questions, promptly solving the most difficult situations that would seem to me. It's a pleasure to work with Michael!!! I will now recommend your company to my clients and friends. Yes, and technical support consultants are also very polite, attentive, they helped to cope with the difficult installation of the key. Thanks!!!

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Acquisition of the key turned out to be very easy and even pleasant. Many thanks for the assistance to the manager Michael. Explains things that are complex and massive to understand, concisely, but very clearly. In addition, I called the toll-free hotline and left a request online, together with Mikhail. I got the key in 2 business days. In general, I recommend it if you save your time, but at the same time you want to have an understanding of what you are buying and what you are paying for. Thank you.

Levitsky Alexander Konstantinovich Samara

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

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Understanding the boundaries of responsibility between RSO, UK and owners of residential premises in MKD important to avoid disputes. In judicial practice, there are frequent cases of disputes between the RSO and the Criminal Code regarding operational responsibility for certain sections of engineering networks, about which an agreement has not been reached.

In half of the administrative cases of this kind, the court takes the side of the RNO, in this case the Criminal Code suffers heavy losses. To avoid this and to be insured against unwanted conflicts, it is necessary to draw up an act of delimitation of responsibility.

Not all CGs are clearly defined in the legislation limits of operational responsibility and inextricably linked with it balance affiliation. Most definitely, these concepts are presented in clause 1 of the Rules for cold water supply and sanitation (Decree of the Government of the Russian Federation No. 644).

According to this document balance sheet boundary the boundary of the division of property is recognized. It, in turn, defines the boundary of operational responsibility, that is, it indicates who will bear the burden of maintaining the object: the managing organization, the RSO or the owners. The same can be said about other communal resources.

The boundary of operational responsibility of the RSO, if we are talking about power supply, runs to the point of connection of the common house metering device with the electrical network included in the MKD. Responsibility of the UK - house power supply system and electrical devices, disconnecting devices to the apartment. Residents are responsible for in-house devices and devices after disconnecting devices in floor boards, meters in apartments.

Responsibility for heat supply is distributed as follows: RSO is responsible up to the connection point common house metering device with a heating system included in the MKD. The management company is responsible for the risers of the heating system, which turn off the devices on the branches from the risers and for the shut-off and control valves on the intra-apartment wiring. The responsibility of the tenants begins again inside their dwelling, they are responsible for the heating devices and for the branches from the risers of the heating system after the shut-off and control valves.

The responsibility of the RSO, when it comes to water supply and sanitation, lasts until the point of connection of the common house meter with the water supply network included in the MKD. Management companies are obliged to monitor the condition of hot and cold water supply risers, disconnecting devices on branches from risers and shut-off and control valves on intra-apartment wiring. Owners of premises in MKD responsible for the branches from the risers of the hot and cold water supply system after the shut-off and control valves, for the shut-off and control valves themselves and for the plumbing equipment in the apartments.

In the resource supply agreement, the boundary of the balance sheet separates utility networks that are common house property (Article 36 of the Housing Code of the Russian Federation) from other engineering networks. Therefore, we recall that common house property(Decree of the Government of the Russian Federation No. 491, Article 36 of the RF LC):

premises in the MKD that are not part of the apartments and are intended to serve more than one residential / non-residential premises in the house;
house engineering systems cold and hot water supply, gas supply, heating and electricity supply.

The boundaries of operational responsibility can be external and internal. In the first case, they separate the areas of competence of the RNO and the MC (the outer border of the MKD wall), in the second, the MC and the owners (the inner border of the MKD wall).

External limits of operational responsibility

If we are talking about the outer boundary of the engineering networks that are part of the common property of the MKD, then the boundary of operational responsibility between the RSO and the UK will be the outer boundary of the wall of the house, and if there is a common house metering device for a certain communal resource, the junction of this common house metering device with the corresponding engineering network included in the MKD.

Separately, it is worth mentioning the external border of the gas supply networks included in composition of common property MKD. In this case, the boundary of operational responsibility between the RSO and UK is the junction of the first locking device with the external gas distribution network.

Often the boundary of operational responsibility does not run along the wall of the house. Then a fragment of the engineering network, located outside the outer wall, and, it would seem, formally related to the area of responsibility of the RSO, falls into the zone of the management company that manages the MKD. Its content threatens with large losses, so you need to carefully approach the description of the boundary of operational responsibility in the delimitation of liability act.

The case when the boundary of operational responsibility passes through an external valve can be considered disputable. This happens if the external section of the engineering network is included in composition of common property. Then RSO carries out maintenance of this engineering network at the rate approved by the owners of the premises in the MKD. The duty of the Criminal Code is to offer such a tariff to the owners. Repairs, including emergency ones, are carried out at the expense of RSO.

How about with ownerless engineering networks? That is, with such networks that do not hang on the balance sheet of either the UK or the RSO and are not part of the common house property. Typically, such networks are transferred to municipal ownership. In turn, the local government body, within thirty days from the moment the ownerless engineering network is discovered, is obliged to determine the RSO, the engineering networks of which are connected with the ownerless one (clause 6 of article 15 No. 190-FZ).

The Federal Tariff Service will have to include the costs of maintaining such a network in the RNO tariffs for further regulation. Until this is done, energy losses in this disputed section of the network, as well as repair work, are carried out at the expense of the management company in proportion to actual consumption.

Internal operational boundaries

The boundary of operational responsibility between the management company and the owners, when it comes to the internal boundary of engineering networks included in composition of common property MKD are:

for heating - a valve on the heating pipeline connections to the apartment radiator. If there are none, then the boundary passes through the threaded connection in the radiator plug.
for cold and hot water supply - a valve at the outlet of the pipeline from the riser. If it is not available, the boundary is a welding seam at the pipeline outlet from the riser.
for drainage - a socket of a shaped product (tee, cross, branch) on the riser of the drainage pipeline.
for power supply - the place of connection of the outgoing wire of the apartment wiring to the plug of an individual electricity meter, circuit breaker, RCD.

The line of operational responsibility between UK and the owners (we are talking about the inner boundary of building structures that are part of the common property of an apartment building) are the inner surface of the walls of the apartment, window fillings and the entrance door to the apartment.

Enclosing load-bearing structures, the land plot (including playgrounds and playgrounds, collective parking lots) on which the house is located, stairwells, corridors, roofs and attics, as well as elevators are located in area of operational responsibility UK.

Arbitrage practice

Perhaps the main argument in favor of the fact that it is important to discuss in detail the boundaries of operational responsibility in a resource supply agreement will be examples from judicial practice.

Managing organization filed a lawsuit to invalidate the terms of the energy supply contracts and to oblige the heating networks to be transferred to the zone of responsibility of the RSO. The court refused to satisfy the claims, since the Criminal Code agreed on the boundaries of the balance sheet, accepting the disputed section of the networks for its maintenance (Decree of May 23, 2012 in case N A63-9362 / 2011).

The court may make a different decision if the boundaries of the balance sheet in the act are indicated differently than on the outer wall apartment building or at the point of installation of the meter. In this case, the act of delimitation of the balance sheet ownership is invalid (Determination of the Supreme Arbitration Court of the Russian Federation of June 26, 2012 N 6421/12 in case N A14-11374 / 2010).

At the conclusion of the contract, disagreements arose between the parties regarding the limit of operational responsibility, since there was no act of delimitation of responsibility, the court decided to determine the limit of operational responsibility in accordance with Rules for the maintenance of common property(Resolution of the Arbitration Court of the Central District of May 21, 2015 N F10-1143/2015 in case N A68-2267/2014).

And according to the Decree of the FAS UO dated February 28, 2011 No. Ф09-443 / 11-С5, in a similar situation of the absence of a conflict concluded between the parties delimitation of liability the court concluded that the boundary of operational responsibility should run along the boundary of the balance sheet, in other words, along the line of dividing engineering networks between the owners.

If you have any questions, you can always contact us for advice. We also help management companies to comply 731 of the RF PP on the Information Disclosure Standard(filling the portal Housing reform, website of the management company, information stands) and Federal Law No. 209 (). We are always happy to help you!