Justification for paragraph 29 of Article 93 44 Federal Law. Purchasing electricity: step-by-step instructions

1. Purchase from a single supplier (contractor, performer) may be carried out by the customer in the following cases:

1) procurement of goods, work or services that fall within the scope of activities of natural monopolies in accordance with Federal Law of August 17, 1995 N 147-FZ “On Natural Monopolies”, as well as central depository services;

2) procurement for state needs from a single supplier (contractor, performer) determined by decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, performer) determined by decree or order of the Government of the Russian Federation. Such legal acts indicate the subject of the contract, the deadline for which the contract is concluded, the obligation of the sole supplier (contractor, performer) to fulfill its obligations under the contract personally or the possibility of involving subcontractors, co-executors in the execution of the contract and the requirement for the scope of performance by the sole supplier (contractor, performer ) of their obligations under the contract personally, and the customer’s obligation to establish a requirement to ensure the performance of the contract may be determined. The procedure for preparing drafts of such legal acts and instructions and the list of documents attached during the preparation of these projects, including justification of the contract price provided for by this Federal Law, are determined by the legal act of the President of the Russian Federation;

3) carrying out work on mobilization preparation in the Russian Federation;

4) procurement of goods, work or services in an amount not exceeding one 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 clause 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 amount to more than fifty million rubles. The specified restrictions on the annual volume of purchases that the customer has the right to make on the basis of this paragraph do not apply to purchases made by customers to meet the municipal needs of rural settlements. When making purchases in accordance with this paragraph, customers operating in the territory of a foreign state are not subject to restrictions regarding the establishment of a contract price not exceeding one hundred thousand rubles. In relation to the federal executive body carrying out procurement to meet the federal needs of state bodies formed to support the activities of the President of the Russian Federation, the Government of the Russian Federation, the calculation of the specified restrictions on the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph is carried out separately for such federal body the executive branch and each such government agency;

5) procurement of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and popularization of cultural heritage objects, as well as by another state or municipal institution (zoo, planetarium, recreation park, nature reserve, botanical garden , national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio 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 education and sports organization in 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 amount to more than twenty million rubles;

6) procurement of work or services, the implementation or provision of which can only be carried out by an executive body in accordance with its powers or a state institution subordinate to it, a state unitary enterprise, the corresponding 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 the Russian Federation, legislative acts of the corresponding constituent entity of the Russian Federation;

7) concluding a contract for the supply of Russian weapons and military equipment, which have no Russian analogues 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 a register of the only suppliers of such weapons and military equipment, the procedure for determining their prices are 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) provision of services for water supply, sewerage, heat supply, management of solid municipal waste, gas supply (except for services for the sale of liquefied gas), connection (attachment) to utility networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation ), on storage and import (export) of narcotic drugs and psychotropic substances;

9) procurement of certain goods, works, services as a result of an accident, other emergencies of a natural or man-made nature, force majeure, in the event of a need for emergency medical care or emergency medical care (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 to provide humanitarian assistance or eliminate the consequences of emergencies of a natural or man-made nature) and the use of other time-consuming methods for identifying a supplier (contractor, performer) is impractical. The customer has the right to conclude, in accordance with this paragraph, a contract for the supply of goods, performance of work or provision of services, respectively, in the quantity 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 care in an emergency or emergency form, including in cases provided for in parts 7 and 12 of this Federal Law;

10) supply of cultural assets (including museum objects and museum collections, rare and valuable publications, manuscripts, archival documents (including copies thereof) of historical, artistic or other cultural significance), intended to replenish state museum, library, and archival funds , film, photo fund and similar funds;

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

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

13) purchase of works of literature and art of certain authors (except for cases of acquisition of film projects for the purpose of distribution), 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 of printed publications or electronic publications (including the software, hardware and information security tools used in them) of certain authors from the publishers of such publications if these publishers have exclusive rights or exclusive licenses to use such publications, as well as provision of services for providing access to such electronic publications to support the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;

15) concluding a contract to visit a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event;

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

17) conclusion of a contract by a theater, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir group, orchestra, ensemble), television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, educational institution, zoo , a planetarium, a park of culture and recreation, a nature reserve, a botanical garden, a national park, a natural park or a landscape park with a specific individual to create a work of literature or art, or with a specific individual or a specific legal entity engaged in concert or theatrical activities, including including a concert group (dance group, choir group, orchestra, ensemble), for performance, or with an individual or legal entity for the production and supply of scenery, stage furniture, stage costumes (including hats and shoes) and those necessary for creating scenery and costumes, materials, as well as theatrical props, props, makeup, costume products, theatrical dolls, necessary for the creation and (or) performance of works by the specified organizations;

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

19) conclusion of a contract for the provision of services for the implementation of author's control over the development of design documentation for a capital construction project, for carrying out author's supervision of the construction, reconstruction, major repairs of a capital construction project by the corresponding authors, for carrying out technical and author's supervision over the performance of work to preserve a cultural heritage site ( 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 of heads of foreign states, heads of government of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (in including to provide simultaneous translation), provision of food);

21) concluding contracts for the supply of goods, performance of work, provision of services to ensure the activities of state security facilities, including provision of on-site 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 (domestic, hotel, transport services, operation computer equipment, office equipment, sound equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);

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

23) 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 removal of household waste in the event of if 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;

24) recognition of the determination of the supplier (contractor, performer) by a closed method as failed and the customer making a decision to conclude a contract with a single supplier (contractor, performer) in accordance with the provisions of this Federal Law in agreement with the federal executive body authorized by the Government of the Russian Federation to perform these functions . In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price or the contract price proposed in the application of the relevant procurement participant. The customer's request 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 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 within a period of no more than twenty days from the date the customer receives approval. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body regulating the contract system in the field of procurement;

25) recognition as invalid 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, parts 1 and 3, part 18 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of concluding contracts in accordance with parts 4 and 5, parts 1 and 3 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 the federal executive body , authorized to exercise control in the field of procurement, or a control body in the field of state defense procurement, an executive body of a constituent entity of the Russian Federation, a local government body of a municipal district or a local government body of a city district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the corresponding procurement participant. The customer's request for approval of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than ten days from the date of posting in the unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer ) failed. In this case, the approval period should not be more than ten working days from the date of receipt of the specified request. A contract with a single supplier (contractor, performer) is concluded within a period of no more than twenty days from the date of receipt by the customer of such approval, or in cases provided for in parts 4 and 5 of this Federal Law, within a period of no more than twenty days from the date of publication in the unified information system of 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 this Federal Law, within the time limits established by part 13 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 regulating the contract system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this paragraph is equal to the winner of the determination of the supplier (contractor, performer);

25.1) recognition as invalid of an open competition 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, 2 and 5, parts 1 - 3.1 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by this Federal Law . For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this paragraph is equal to the winner of the determination of the supplier (contractor, performer);

25.2) recognition of a request for quotation in electronic form as invalid in accordance with Part 3 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms specified in the notice of procurement, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by this Federal Law. law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this paragraph is equal to the winner of the determination of the supplier (contractor, performer);

25.3) recognition of the request for proposals in electronic form as invalid in accordance with Part 26 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by this Federal Law . For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this paragraph is equal to the winner of the determination of the supplier (contractor, performer);

26) conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as participation 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 provision of travel to and from the place of business travel, the location of these events, rental of living quarters, transportation services, provision of food;

28) procurement of medications that are intended to be prescribed to a patient for medical reasons (individual intolerance, for health reasons) by decision of the medical commission, which is reflected in the patient’s medical documents and the journal of the medical commission. The customer has the right to enter into a contract for the supply of medicines in accordance with this clause for an amount not exceeding two hundred thousand rubles. At the same time, the volume of purchased drugs should not exceed the volume of such drugs necessary for the specified patient during the period necessary for the purchase of drugs in accordance with the provisions of paragraph 7 of part 2, paragraph 3 of part 2 of this Federal Law. In addition, when purchasing medicines in accordance with the provisions of this paragraph, the subject of one contract cannot be medicines intended for prescription to 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 by 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;

29) concluding an energy supply agreement or an electricity purchase and sale agreement with a guaranteeing supplier of electric energy;

30) determination of the supplier, executor by order of the Government of the Russian Federation on 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 when purchasing ballots, absentee certificates, special signs (stamps), information materials placed on 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 mailings of election commissions used during elections to government bodies of the constituent entities of the Russian Federation, referendums of the Russian Federation and referendums of the constituent entities of the Russian Federation, and also during elections to local government bodies and local referendums in municipalities that are administrative centers (capitals) of constituent entities of the Russian Federation, except for the cases established by paragraph 6 of part 2 of this Federal Law;

31) 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 of state power of a constituent entity of the Russian Federation, local administration;

32) rental 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 rental of residential premises located on the territory of a foreign state by customers operating on the territory of a foreign state;

33) conclusion of a contract for the provision of teaching services, as well as the services of a tour guide (guide) by individuals;

34) 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;

35) conclusion by organizations carrying out educational activities and recognized in accordance with the legislation on education as federal or regional innovation platforms, contracts for the supply of equipment (including its technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity, with the holder 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 by a budgetary institution, state, municipal unitary enterprises of a contract, the subject of which is the issuance of a bank guarantee;

37) procurement of folk arts and crafts 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 government bodies of contracts for the acquisition 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, in accordance with the Town Planning Code of the Russian Federation, an agreement on the development of territory for the purpose of building a standard housing or an agreement on the comprehensive development of the territory for the purpose of building standard housing, at a price and within the time frame determined by the agreement on the development of the territory for the purpose of constructing standard housing or the agreement on the comprehensive development of the territory for the purpose of constructing standard housing, provided that the agreement on the development of the territory for the purpose of construction of standard housing or an agreement on the comprehensive development of the territory for the purpose of construction of standard housing provides for the conclusion of state and (or) municipal contracts;

39) conclusion by executive authorities, local 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 person who has concluded in the manner and on the terms provided for by Federal Law No. of July 24, 2008 161-FZ "On promoting the development of housing construction", an agreement for the free use of a land plot for the construction of standard housing, for the integrated development of the territory, which also provides for the construction of standard housing, a lease agreement for a land plot for the construction of standard housing, for the integrated development of the territory , which provides, among other things, for the construction of standard housing, or a lease agreement for a land plot for the construction of a minimum required volume of standard housing, for the integrated development of the territory, which also provides for the construction of a minimum required volume of standard housing and other housing construction, at the price and within the terms determined by any of these agreements, provided that it provides for the conclusion of state and (or) municipal contracts;

40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with means of intelligence activities. 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 agency of the Russian Federation;

41) procurement of goods, works, services in order to provide the federal security service with means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the purchase 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 by the federal executive body, which carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies of contracts with individuals 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 in accordance with the legislation of the Russian Federation on official statistical records. At the same time, the volume of work performed by these persons and the contract price, 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 government. an executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information about contracts concluded in accordance with this paragraph is posted on the website of the federal executive body that carries out 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 telecommunications industry Internet network in the manner established by the federal executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, in agreement with the federal executive body for regulating the contract system in the field of procurement ;

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

45) purchase by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services to provide the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international science 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;

46) procurement of goods, works, services at the expense of financial resources allocated for operational investigative activities. The list of goods, works, services, the purchase of which can be carried out in accordance with this paragraph, is approved by the head of the relevant federal executive body authorized to carry out operational investigative activities in accordance with Federal Law of August 12, 1995 N 144-FZ "On Operational Investigations" investigative activities";

47) procurement of goods, the production of which was created or modernized and (or) mastered on the territory of the Russian Federation in accordance with a special investment contract, at regulated prices and taking into account the features provided for by this Federal Law;

48) procurement of goods, the production of which was created or modernized and (or) mastered on the territory of a constituent entity of the Russian Federation in accordance with a state contract concluded in accordance with this Federal Law, at regulated prices and taking into account the features provided for in this article. Only customers of a given subject of the Russian Federation, as well as municipalities located on the territory of a given subject of the Russian Federation, have the right to conclude a contract on the basis of this clause. In this case, the only supplier of goods can only be a legal entity with which a government contract has been concluded in accordance with this Federal Law (hereinafter referred to as the supplier-investor);

49) procurement of work on the production of excise stamps for labeling alcoholic beverages and tobacco products imported into the Russian Federation at prices (tariffs) established in accordance with the legislation of the Russian Federation by the federal executive body authorized by the Government of the Russian Federation;

50) procurement of transport services and additional services related to their provision if it is necessary to carry out military transportation (rail, sea, river, air and road) in the event of a threat to the military security of the Russian Federation and (or) to ensure the participation of the Armed Forces of the Russian Federation, others troops in operations to maintain or restore international peace and security outside the Russian Federation in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation in the manner established by the Government of the Russian Federation;

51) procurement of legal services in order to ensure the protection of the interests of the Russian Federation in foreign and international courts and arbitrations, as well as in bodies of foreign states;

52) procurement of goods, works, services by state security authorities in order to implement measures to implement state security. The list of goods, works, services, the purchase 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 state security;

53) conclusion by government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies of contracts for the provision of services for the implementation of rating actions by legal entities recognized in accordance with the legislation of the Russian Federation as credit rating agencies, as well as foreign legal entities carrying out rating actions outside the territory of the Russian Federation;

54) procurement of work to modernize federal state information systems for information and legal support for the activities of the chambers of the Federal Assembly of the Russian Federation and services to support such systems;

55) conclusion of a contract for the provision of services for the production of document forms certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation and outside the territory of the Russian Federation, certifying the identity of a foreign citizen or stateless person, issued in the Russian Federation in cases established by the legislation of the Russian Federation, forms certificates of state registration of acts of civil status, forms of temporary documents identifying a citizen of the Russian Federation and giving him the right to enter (return) to the Russian Federation, as well as forms of documents for entry into the Russian Federation and departure from the Russian Federation of foreign citizens and stateless persons .

2. When making a purchase from a single supplier (contractor, performer) in the cases provided for in paragraphs 1 - 3, 6 - 8, 11 - 14, 16 - 19 of part 1 of this article, the customer places a notice of such purchase in the unified information system not later than five days before the date of conclusion of the contract (except for purchases by customers included in the list provided for in paragraph 5 of part 2 of this Federal Law). The notice of procurement from a single supplier (contractor, performer) must contain the information specified in paragraphs 1, 2, 4 of this Federal Law, as well as in paragraph 8 of this article (if the establishment of a contract security requirement is provided for by this Federal Law). Notification of a procurement from a single supplier (contractor, performer) is not required if information about it constitutes a state secret. When making a purchase from a single supplier (contractor, performer) in the cases provided for in paragraphs 6, 9, 34 and 50 of part 1 of this article, the customer is obliged to notify the control body in the field of procurement about such purchase no later than one working day from the date of conclusion of the contract . Notification of such a purchase is sent when it is carried out to meet federal needs, the needs of a constituent entity of the Russian Federation or municipal needs, respectively, to the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense procurement, the executive body of the constituent entity of the Russian Federation , a local government body of a municipal district or a local government body of a city district authorized to exercise control in the field of procurement. A copy of the contract concluded in accordance with this paragraph with the rationale for its conclusion is attached to this notification.

3. In the case of a purchase from a single supplier (contractor, performer) for concluding a contract, the customer is obliged to justify in a documented report the impossibility or inappropriateness of using other methods of determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract. The provisions of this part do not apply to cases of procurement from a single supplier (contractor, performer) provided for in paragraphs 1, 2, 4, 5, 7, 8, 15, 16, 19 - 21, 24 - 26, 28, 29, 33, 36, 42, 44, 45, 47 - 48, 50 - 55 of part 1 of this article.

4. When purchasing from a single supplier (contractor, performer), the contract must contain a calculation and justification of the contract price, with the exception of cases of procurement from a single supplier (contractor, performer), in which documentary execution of the report provided for in Part 3 of this article is not required .

The provisions of Article 93 of Law No. 44-FZ are used in the following articles:

• Features of procurement carried out by budgetary, autonomous institutions, state, municipal unitary enterprises and other legal entities

  b) as a contractor under a contract in the event that other persons are involved on the basis of an agreement during the execution of this contract to supply goods, perform work or provide services necessary to fulfill the obligations of this enterprise under the contract, except for cases of execution by the enterprise of a contract concluded in accordance with clause 2 of part 1 of article 93 of this Federal Law;

• Schedules

  8. Peculiarities of inclusion in the schedule of information on centralized procurement, joint competitions and joint auctions, procurement in which closed methods of identifying suppliers (contractors, performers) are used, as well as on individual procurements provided for in paragraph 7 of part 2 of Article 83, paragraph 3 of Part 2 of Article 83.1, Part 1 of Article 93 and Article 111 of this Federal Law may be established by the Government of the Russian Federation.

• Participation of small businesses and socially oriented non-profit organizations in procurement

  3) from a single supplier (contractor, performer) in accordance with Part 1 of Article 93 of this Federal Law, with the exception of purchases that were made in accordance with clauses 25 - 25.3 of Part 1 of Article 93 of this Federal Law based on the results of a failed determination of suppliers (contractors, performers) ), carried out in accordance with the requirements of paragraph 1 of part 1 of this article;

• Contract

  15. When concluding a contract in the cases provided for in paragraphs 1, 4, 5, 8, 15, 20, 21, 23, 26, 28, 29, 40, 41, 44, 45, 46, 51 - 53 of part 1 of Article 93 of this Federal Law, the requirements of parts 4 - 9, 11 - 13 of this article may not be applied by the customer to the specified contract. In these cases, the contract can be concluded in any form provided for by the Civil Code of the Russian Federation for transactions. Consequences of declaring an electronic auction invalid

  4) the contract is concluded with a participant in such an auction who has submitted a single application to participate in it, if this participant and the application submitted by him are recognized as complying with the requirements of this Federal Law and the documentation on such an auction, in accordance with clause 25.1 of part 1 of Article 93 of this Federal Law in the manner established by Article 83.2 of this Federal Law.

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transition period - they are allowed to carry out both electronic and paper procedures. Starting from 2019, tenders, auctions, quotations and requests for proposals on paper will be prohibited, with eight exceptions.
Read what kind of purchases to carry out on the ETP, how to choose a site and obtain an electronic signature, what are the rules for concluding contracts during the transition period and after.

In accordance with Part 1 of Art. 24 of Law No. 44-FZ, when making purchases, customers use competitive methods to determine suppliers (contractors, performers) or make purchases from a single supplier (contractor, performer).

According to Part 5 of Art. 24 of Law No. 44-FZ, the customer chooses the method of determining the supplier (contractor, performer) in accordance with the provisions of Chapter 3 “Procurement”, which, incl. Art. included 93 “Purchasing from a single supplier (contractor, performer). At the same time, he does not have the right to take actions that entail an unreasonable reduction in the number of procurement participants.

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In turn, in Part 1 of Art. 93 of Law No. 44-FZ lists cases when the customer can purchase from a single supplier (contractor, performer), and not the subject of the contract.

In particular, clause 5, part 1, art. 93 of Law No. 44-FZ allows for the purchase of goods, work or services in an amount not exceeding 400 thousand rubles. Moreover, such purchases have the right to be carried out by state or municipal educational organizations, as well as state or municipal cultural institutions, the statutory goals of which are the preservation, use and popularization of cultural heritage objects and other specific cultural institutions and the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph, should not exceed 50 percent of the total annual volume of purchases of the customer and should not amount to more than 20 million rubles.

That is, in this case, in our opinion, the provisions of clause 5 do not contain restrictions on the types of goods, works, services and allow, within the limits of price restrictions, the purchase of any goods, works, services required by the customer.

Therefore, if the customer specified in clause 5 plans to purchase services that fall under the cases specified, for example, in clause 1, 8, part 1, art. 93 of Law No. 44-FZ and, while the contract price does not exceed 400 thousand rubles, then, in our opinion, the customer can enter into such contracts on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ (but only within the permitted annual volume of purchases) and directly indicate in contracts that the contract for the provision, for example, of public telecommunications services was concluded on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ.

In this case, our expert opinion coincides with the position of the Ministry of Economic Development of Russia, which is reflected in letter No. D28i-2714 dated December 9, 2014, when in a similar case the regulator allows the conclusion of a contract both on the basis of clause 1 and on the basis of clause 5 1 tbsp. 93 of Law No. 44-FZ.

In anticipation of the question about the recommendation on the mandatory indication of the basis for concluding a contract, we inform you that our recommendations in this case are related to the fact that the customer is interested in choosing a different basis for the purchase of services from a single contractor, for the purchase of which there is already a specific basis, and from the choice of these grounds, The customer has a different procedure for action and, accordingly, responsibility.

For example, if the customer chose clause 6, part 1, art. 93 of Law No. 44-FZ, then he would be required to plan such a purchase in the order placement schedule (including indicate the method for determining the supplier, contractor, performer), prepare and post on the official website a notice of the purchase and a report with justification for the impossibility or inappropriateness of using other methods of determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract.

At the same time, in the notice the customer had to indicate the restriction of participation in determining the supplier (contractor, performer), established in accordance with Law No. 44-FZ, i.e. the basis for concluding a contract with a single contractor (as a rule, the corresponding paragraph of part one of Article 93 is indicated).

Further, after concluding the contract, the customer was obliged to send information to the contract registry and also send information to the contract registry after execution of the contract.

In turn, if the customer decided to purchase the same services on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ, then all of the above actions do not need to be performed, except for planning the total annual volume of purchases.

We also draw your attention to the fact that in clause 5, part 1, art. 93 of Law No. 44-FZ directly states the customer’s right to make purchases on the basis of clause 5, part 1, art. 93 exclusively within the framework of a specific state defense order. At the same time, according to Part 1 of Art. 103 of Law No. 44-FZ, the register of contracts does not include information about contracts concluded in accordance with paragraphs 4, 5 and 23 of Part 1 of Art. 93 of Law No. 44-FZ.

Thus, in the clarification under consideration, in order to unambiguously interpret the basis for concluding a contract and the ensuing consequences, we recommend that as the basis for concluding a contract with a single supplier (contractor, performer), along with the expression of the agreed will of the two parties, indicate the paragraphs of part one of Article 93 of Law No. 44 -FZ.

The rationale for this position is given below in the materials of the State Order System

According to clause 8, part 1, art. 93 of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44-FZ), the customer can purchase for the provision of water supply services, water disposal, heat supply, gas supply (except for services for the sale of liquefied gas), connection (connection) to engineering networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, storage and import (export) of narcotic drugs and psychotropic substances substances from a single supplier.

According to clause 29, part 1, art. 93 of Law No. 44-FZ, the customer may enter into an energy supply agreement or an electricity purchase and sale agreement with a single supplier.

At the same time, according to clause 4, part 1, art. 93 of Law No. 44-FZ, the customer has the right to purchase goods, work or services from a single supplier if the amount of such purchase does not exceed one 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 clause 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 amount to more than fifty million rubles.

Thus, the customer has the right to enter into a contract with a single supplier (contractor, performer) for the purchase of utilities in accordance with clause 4, part 1, art. 93 of Law No. 44-FZ, in the manner established by this paragraph.

In turn, we do not recommend abusing the use of clause 4, part 1, art. 93 of Law No. 44-FZ when purchasing utility services, in order to avoid the risk of being brought to administrative liability under clause 1 of Art. 7.29 of the Code of Administrative Offenses of the Russian Federation, since Article 93 of Law No. 44-FZ provides for such procurements in paragraphs 8, 29.

LETTER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIA dated 09.12.2014 No. D28i-2714

Letter
dated December 9, 2014 No. D28i-2714
On clarifications related to the application of Federal Law of April 5, 2013 No. 44-FZ

The Department for Development of the Contract System of the Ministry of Economic Development of the Russian Federation considered a letter on the issue of clarification of the provisions of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44- Federal Law) and reports.

According to Part 1 of Article 18 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”, federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, state extra-budgetary funds conclude agreements with financial organizations regardless of the transaction amount only based on the results of an open competition or open auction held in accordance with the provisions of Law No. 44-FZ, for the provision of the following financial services:

1) attracting funds to deposits;

2) opening and maintaining bank accounts, making payments on these accounts;

3) services for maintaining a register of securities owners;

4) trust management of securities;

5) non-state pension provision.

In accordance with Part 2 of Article 59 of Law No. 44-FZ, the customer is obliged to conduct an electronic auction if goods, works, and services included in the list established by the Government of the Russian Federation or in an additional list established by the highest executive body of state power of the subject are being purchased of the Russian Federation when purchasing goods, works, services to meet the needs of a constituent entity of the Russian Federation, with the exception of cases of procurement of goods, works, services through a request for quotations, request for proposals, procurement from a single supplier (contractor, performer) taking into account the requirements of Law No. 44 -FZ.

Services in the field of financial intermediation (code 65 according to the All-Russian Classification of Products by Type of Economic Activities) are included in the list of goods, works, services, in the case of the purchase of which the customer is obliged to conduct an auction in electronic form (electronic auction), approved by order of the Government of the Russian Federation dated 31 October 2013 No. 2019-r.

Thus, the purchase of services for the transfer, delivery and crediting of funds to accounts opened by citizens in credit institutions must be carried out by the customer through an electronic auction in accordance with the provisions of Law No. 44-FZ.

We also consider it necessary to note that in accordance with paragraph 1 of part 1 of Article 93 of Law No. 44-FZ, purchase from a single supplier (contractor, performer) can be carried out by the customer in the case of the purchase of goods, work or services that fall within the scope of activity of natural monopoly entities in accordance with the Federal Law of August 17, 1995 No. 147-FZ “On Natural Monopolies” (hereinafter referred to as Law No. 147-FZ), as well as central depository services.

According to Article 4 of Law No. 147-FZ, this law regulates the activities of natural monopolies, including in the field of public postal services.

In accordance with Article 2 of the Federal Law of July 17, 1999 No. 176-FZ “On Postal Services” (hereinafter referred to as Law No. 176-FZ), postal money transfer is a service of federal postal organizations for reception, processing, transportation (transfer) , delivery (handing over) of funds using postal and electrical communication networks.

Moreover, in accordance with Article 16 of Law No. 176-FZ, postal services are provided by postal operators on a contractual basis. Under an agreement for the provision of postal services, the postal operator undertakes, on the instructions of the sender, to forward the mail entrusted to him or to carry out a postal transfer of funds to the address specified by the sender and deliver (hand over) them to the addressee. The user of postal services is obliged to pay for the services provided to him.

According to the order of the Government of the Russian Federation dated September 5, 2002 No. 1227-r, the federal state unitary enterprise "Russian Post" (hereinafter - FSUE "Russian Post") was created to provide postal services on the territory of the Russian Federation.

In addition, in accordance with paragraph 4 of part 1 of Article 93 of Law No. 44-FZ, when purchasing goods, work or services for an amount not exceeding one hundred thousand rubles, such purchase can be made from a single supplier. In this case, the annual volume of purchases that the customer has the right to carry out on the basis of this clause 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 amount to more than fifty million rubles.

At the same time, according to paragraph 5 of part 1 of Article 93 of Law No. 44-FZ, purchase from a single supplier can also be carried out by a state or municipal cultural institution, the statutory goals of which are the preservation, use and popularization of cultural heritage objects, as well as by another state or municipal institution ( zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, nature park, landscape park, theater, concert institution, television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive) , state or municipal educational organization in 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 amount to more than twenty million rubles.

Thus, the customer has the right to enter into a contract for the purchase of the above services with the Federal State Unitary Enterprise "Russian Post", guided by paragraph 1 of part 1 of Article 93 of Law No. 44-FZ, or with another single supplier (contractor, performer) in accordance with paragraphs 4, 5 of part 1 of the article 93 of Law No. 44-FZ.

At the same time, we inform you that clarifications of a government body have legal force if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts. The Ministry of Economic Development of the Russian Federation is a federal executive body, the current legislation of the Russian Federation, including the Regulations of the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, is not vested with the competence to clarify the legislation of the Russian Federation.

Director of the Department
development of the contract system
M.V. Chemerisov

LETTER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIA dated 09.10.2015 No. OG-D28-13068

Ministry of Economic Development of the Russian Federation
Letter
dated October 9, 2015 No. OG-D28-13068
On clarification of the provisions of the Federal Law of April 5, 2013 No. 44-FZ

The Department for Development of the Contract System of the Ministry of Economic Development of the Russian Federation considered an appeal on the issue of clarification of the provisions of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Law No. 44 -FZ) and reports within the framework of its competence.

In accordance with Part 1 of Article 24 of Law No. 44-FZ, when making purchases, customers use competitive methods to determine suppliers (contractors, performers) or make purchases from a single supplier (contractor, performer).

Competitive methods for identifying suppliers (contractors, performers) are competitions (open competition, competition with limited participation, two-stage competition, closed competition, closed competition with limited participation, closed two-stage competition), auctions (electronic auction, closed auction), request for quotations , request for proposals.

Thus, when making purchases, the customer has the right to independently choose the method of determining the supplier, taking into account the requirements and restrictions established by Law No. 44-FZ.

In this regard, it should be noted that purchase from a single supplier (contractor, performer) can be carried out by the customer only in the cases specified in Part 1 of Article 93 of Law No. 44-FZ.

Thus, in accordance with paragraph 4 of part 1 of Article 93 of Law No. 44-FZ, purchase from a single supplier (contractor, performer) can be carried out by the customer in the event of a purchase of goods, work or services for an amount not exceeding one 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 clause 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 amount to more than fifty million rubles.

According to paragraph 5 of part 1 of Article 93 of Law No. 44-FZ, purchase from a single supplier (contractor, performer) can be carried out by the customer in the event of a purchase of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and popularization of objects cultural heritage, as well as other state or municipal institution (zoo, planetarium, culture and recreation park, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio broadcasting institution, circus, museum, house culture, palace of culture, club, library, archive), state or municipal educational organization in 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 amount to more than twenty million rubles.

Thus, the only supplier can be determined by the customer, taking into account the restrictions established by the relevant paragraphs of Part 1 of Article 93 of Law No. 44-FZ.

In this regard, we believe it is necessary to draw attention to the fact that in accordance with the provisions of Law No. 44-FZ, it is the customer - the recipient of budget funds - who makes the decision on the method of procurement within the framework of the norms established by Law No. 44-FZ.

Please note that clarifications of a government body have legal force if this body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts. The Ministry of Economic Development of the Russian Federation is a federal executive body, the current legislation of the Russian Federation, including the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, is not vested with the competence to clarify the legislation of the Russian Federation.

Director of the Department
development of the contract system
M.V. Chemerisov

Yes, the customer can enter into a contract for electricity on the basis of clause 5, part 1, art. 93 of Law No. 44-FZ, because this is not prohibited. The main thing is that the restrictions on the contract price and the annual volume of purchases for this item are observed.

When concluding a contract, it is advisable to directly indicate in the preamble the grounds for clause 5, part 1, art. 93 of Law No. 44-FZ. At the same time, customers are not required to indicate in the preamble to the contract a reference to paragraphs of Article 93 of Law 44-FZ (Clause 5, Part 1, Article 93), but we recommend doing this in certain cases of procurement from a single supplier, because this will help justify the customer’s actions in not including information about the contract in the register of contracts and will help to correctly keep records of purchases under the State Defense Order up to 400 thousand rubles.

Magazine

Customer assistant- an online service that helps automate document flow for procurement planning. You will quickly and correctly plan purchases, check the plan for errors, create an electronic and printed form of a procurement report from the supplier and upload the finished documents to the Unified Information System.

Absolutely all customers are faced with purchasing electricity. Within the contract system there is a special basis for such procurement. However, when concluding contracts, it is necessary to take into account not only the norms of the 44-FZ law, but also the legislation on the electric power industry.

About the difference between types of agreements

Electricity is purchased by concluding a contract with a single supplier. Clause 29 of Part 1 of Article 93 of Law 44-FZ provides the following basis for non-competitive procurement: “ concluding an energy supply agreement or an electricity purchase and sale agreement with a guaranteeing electricity supplier».

It is necessary to distinguish an energy supply agreement from an electricity purchase and sale agreement with delivery. Why is it important? Depending on which contract is entered into, the basis for purchasing from a single supplier will vary. And for an incorrectly chosen reason, a penalty may be imposed under Part 1 of Article 7.29 of the Code of Administrative Offences. In this case, the customer’s official faces a fine of 50,000 rubles.

Energy supply agreement implies not only the purchase of electricity by the customer, but also imposes an obligation on the seller to transfer it. Transmission is guaranteed to the customer's electrical receiving devices. This follows from paragraph 28 of the Basic Provisions for the functioning of various electric energy markets, approved by Decree of the Government of the Russian Federation dated May 4, 2012 No. 442 (hereinafter referred to as the Basic Provisions).

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.

We provide a service for registration in the ERUZ in the EIS:

Electricity sales agreement involves only the acquisition of energy itself, without transmission services. Such services are purchased separately in accordance with paragraph 1 of part 1 of Article 93, that is, on a different basis, and not under paragraph 29. In accordance with paragraph 1, services are purchased from natural monopolies. This is precisely what electricity transmission refers to in accordance with Part 1 of Article 4 of Law 147-FZ “On Natural Monopolies”.

About the contract price

Law 44-FZ requires that the contract stipulate fixed price procurement object, which cannot be changed during the execution period. In certain cases determined by the Government, it is possible to indicate in the procurement documentation an approximate price value or provide a formula for calculating the price maximum.

However, electricity is purchased through non-competitive procurement, for which documentation is not prepared. That's why energy purchases are not included in the list cases when it is possible to indicate the formula and price maximum (Resolution of the Government of the Russian Federation of January 13, 2014 No. 19).

The Ministry of Economic Development in letters dated 02.21.2017 No. D28i-846, dated 04.06.2017 No. OG-D28-4031, dated 07.15.2015 No. D28i-2159 confirms that the price of the electricity contract must be fixed and determined for the entire period of their execution. Accordingly, this falls on the shoulders of customers - they require suppliers to include such conditions in the contract.

What does judicial practice say?

The Supreme Court of Russia believes that, in accordance with the legislation on the electric power industry, price is not an essential condition of the energy supply agreement. The specificity of the sphere is such that the price per unit is calculated after the billing period. Hence, It is impossible to determine the firm value of the contract at the time of its conclusion.

The judges point out that the law on electricity is special in relation to the law on public procurement. This means that the terms of the electricity supply contract, including price, must be determined in accordance with the legislation on electricity e. And it does not involve indicating a fixed price. The Supreme Court came to these conclusions in its ruling dated May 12, 2017 No. 304-ES17-4309 in case No. A70-4027/2016.

About the possibility of changing the amount of electricity and the contract price

But even if you specify the exact amount of energy and price in the contract, you will not be able to achieve these indicators. Understanding this, customers often insist on including in the contract the provision provided for in subparagraph “b” of paragraph 1 of part 1 of Article 95 of Law No. 44-FZ. We are talking about the possibility at the initiative of the customer in proportion change the volume and price of the contract within 10% from its cost.

But since it is impossible to initially determine the exact volume of energy consumption and the contract price, does it make sense to introduce a rule of 10% deviation? Let's see what the judges think about this.

The electricity supplier did not agree with the customer’s proposal to include the mentioned rule of law in the contract. In his opinion, this condition does not correspond to the Basic Provisions, as well as the very nature of legal relations. The judges also did not find reasonable reasons for including a condition for changing the volume/price in the contract (resolution of the Federal Antimonopoly Service of the North-Western District dated June 15, 2016 in case No. A42-3555/2015).

In this case, the court refers to the fact that the consumer has the right to independently and unilaterally reduce or increase the amount of electricity consumed. Changing this volume does not need to be confirmed by additional agreements. Moreover, the buyer cannot determine in advance the scope of his needs, because it depends on various circumstances. The electricity supplier, for its part, also cannot force the consumer to choose the volume stated in the contract or limit it.

Thus, given the nature of the agreement, there is no reason to include in it a clause on changing the initial price and volume within 10%.

About the need for timely payment

In general, for late payment, the supplier has the right to demand from the customer a penalty in the amount 1/300 key rate Bank of Russia for each day of delay. But Part 2 of Article 37 of the Law “On Electric Power Industry” states that penalties are calculated based on 1/130 refinancing rate I. As mentioned above, the norms of the relevant law are recognized by the courts as “stronger” than 44-FZ, therefore they should be applied.

This approach finds support in judicial practice. An example is the Ruling of the Supreme Court of the Russian Federation dated May 18, 2017 No. 303-ES16-19977 in case No. A37-499/2016. The customer did not pay on time, and the electricity supplier calculated penalties based on 1/130 of the refinancing rate. However, in the customer’s opinion, penalties should have been calculated according to the rules of Law 44-FZ. The judges referred to the special nature of the law on electricity in relation to the law on public procurement and came to the conclusion that the supplier was right.

Federal Law of 04/05/2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” Contract system of government procurement. It was precisely this that was introduced by law 44 Federal Law. On January 1, 2014, from the moment this document came into force, the term “contract system” appeared in Russian business and legal reality. Until this time, the main regulatory document on procurement for public sector employees and government agencies was another federal law - 94-FZ.

Forum of the Institute of Public Procurement (Moscow)

Forum of the Institute of Public Procurement (Moscow) Registered: September 14, 2009, 10:24 Messages: 85 I asked a similar question in the topic about natural monopolies, I repeat here: LETTER OF THE MAYOR dated September 30, 2014 N D28i-1889 Answer to question No. 37: B in accordance with paragraph 1 of part 1 of Article 93 of Law N 44-FZ, purchase from a single supplier (contractor, performer) can be carried out by the customer in the case of the purchase of goods, work or services that fall within the scope of activities of natural monopolies in accordance with Federal Law dated 17 August 1995 N 147-FZ “On Natural Monopolies” (hereinafter referred to as Law N 147-FZ), as well as central depository services. Part 1 of Article 4 of Law No. 147-FZ defines the areas of activity of natural monopolies, which include: services for the transmission of electrical energy; services for operational dispatch control in the electric power industry; services for the transfer of thermal energy, water supply and sanitation using centralized systems, public infrastructure systems. Contracts concluded on the basis of paragraph 1 of part 1 of Article 93 of Law No. 44-FZ can be concluded exclusively with a subject of a natural monopoly, that is, with an economic entity engaged in the production (sale) of goods under conditions of a natural monopoly. According to paragraph 8 of part 1 of Article 93 of Law N 44-FZ, purchase from a single supplier can be carried out in cases of provision of services for water supply, sewerage, heat supply, gas supply (except for services for the sale of liquefied gas), connection (connection) to engineering networks security at prices (tariffs) regulated in accordance with the legislation of the Russian Federation for the storage and import (export) of narcotic drugs and psychotropic substances. Based on this clause, it is possible to conclude a contract with organizations that provide relevant resources that are not a subject of a natural monopoly.

Article 93 44 Federal Law with comments

Consequently, the customer must maintain an internal register of purchases for contracts up to 100,000 and 400,000 rubles. Amendments have been made to articles 22 and 93 of Federal Law 44-FZ » Interregional Institute of Further Education Association of Professional Consultants Articles 22 and 93 of Federal Law 44-FZ have been amended Views 2399 by Federal Law dated 08.

On purchasing from a single supplier according to p.

.4 part 1 art. 93 of the Federal Law of 04/05/2013 No. 44-FZ In Article 93 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as Federal Law No. 44 -FZ) established cases of procurement from a single supplier (contractor, performer). Clause 4, Part 1, Article 93 of Federal Law No. 44-FZ regulates the purchase of goods, work or services in an amount not exceeding one hundred thousand rubles.

Is it possible to combine purchases from a single supplier according to

.4 and 5 part 1 art. 93 44-FZ? Do cultural institutions and educational organizations have the right, in addition to purchasing from a single supplier in the amount of up to 400 thousand?

Conclusion of a contract up to 100 thousand rubles (p

.

4 hours 1 tbsp. 93 of Law 44-FZ) as part of the amendments made to 44-FZ Hello, we are a state budgetary institution. Please tell me, according to the amendments to 140-FZ: for purchases up to 100/400 thousand rubles. we do not have to justify the NMCC, collect at least 3 proposals, conduct an examination, post reports in the Unified Information System when purchasing from a single supplier (contractor, performer).

Purchase from a single supplier (contractor, performer) can be carried out by the customer in the following cases:

• 1) procurement of goods, work or services that fall within the scope of activities of natural monopolies in accordance with Federal Law of August 17, 1995 N 147-FZ “On Natural Monopolies”, as well as central depository services;
• 2) procurement for public needs from a single supplier (contractor, performer) determined by decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, performer) determined by decree or order of the Government of the Russian Federation. Such legal acts indicate the subject of the contract, the deadline for which the contract is concluded, the obligation of the sole supplier (contractor, performer) to fulfill its obligations under the contract personally or the possibility of involving subcontractors, co-executors in the execution of the contract and the requirement for the scope of performance by the sole supplier (contractor, performer ) of their obligations under the contract personally, and the customer’s obligation to establish a requirement to ensure the performance of the contract may be determined. The procedure for preparing drafts of such legal acts and instructions and the list of documents attached during the preparation of these projects, including justification of the contract price provided for in Article 22 of this Federal Law, are determined by the legal act of the President of the Russian Federation;
• 3) carrying out work on mobilization preparation in the Russian Federation;
• 4) procurement of goods, work or services in an amount not exceeding one 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 clause 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 amount to more than fifty million rubles. The specified restrictions on the annual volume of purchases that the customer has the right to make on the basis of this paragraph do not apply to purchases made by customers to meet the municipal needs of rural settlements. When making purchases in accordance with this paragraph, customers operating in the territory of a foreign state are not subject to restrictions regarding the establishment of a contract price not exceeding one hundred thousand rubles. In relation to the federal executive body carrying out procurement to meet the federal needs of state bodies formed to support the activities of the President of the Russian Federation, the Government of the Russian Federation, the calculation of the specified restrictions on the annual volume of purchases that the customer has the right to carry out on the basis of this paragraph is carried out separately for such federal body the executive branch and each such government agency;
• 5) procurement of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and popularization of cultural heritage objects, as well as by another state or municipal institution (zoo, planetarium, recreation park, nature reserve, botanical garden , national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio 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 education and sports organization in 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 amount to more than twenty million rubles;
• 6) procurement of work or services, the implementation or provision of which can only be carried out by an executive body in accordance with its powers or a state institution subordinate to it, a state unitary enterprise, the corresponding 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 the Russian Federation, legislative acts of the corresponding constituent entity of the Russian Federation;
• 7) concluding a contract for the supply of Russian weapons and military equipment, which have no Russian analogues 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 a register of the only suppliers of such weapons and military equipment, the procedure for determining their prices are 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) provision of services for water supply, sewerage, heat supply, management of solid municipal waste, gas supply (except for services for the sale of liquefied gas), connection (attachment) to utility networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation ), on storage and import (export) of narcotic drugs and psychotropic substances;
• 9) procurement of certain goods, works, services as a result of an accident, other emergencies of a natural or man-made nature, force majeure, in the event of a need for emergency medical care or emergency medical care (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 emergencies of a natural or man-made nature) and the use of other time-consuming methods for determining the supplier (contractor, performer) is inappropriate. The customer has the right to conclude, in accordance with this paragraph, a contract for the supply of goods, performance of work or provision of services, respectively, in the quantity 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 care in an emergency or urgent form, including in cases provided for in parts 7 and 12 of Article 82
• 10) supply of cultural assets (including museum objects and museum collections, rare and valuable publications, manuscripts, archival documents (including copies thereof) of historical, artistic or other cultural significance), intended to replenish state museum, library, and archival funds , film, photo fund and similar funds;
• 11) production of goods, performance of work, provision of services is carried out by the institution and enterprise of the penal system in accordance with the list of goods, works, services approved by the Government of the Russian Federation;
• 12) conclusion by the institution executing punishment of a contract for the supply of goods for state needs when the said institution acquires raw materials, materials, components for the production of goods, performance of work, provision of services for the purpose of employing convicts on the basis of agreements concluded with legal entities, provided that that the acquisition by the specified institution of such raw materials, materials, components is carried out at the expense of the funds provided for by these agreements;
• 13) purchase of works of literature and art of certain authors (except for cases of acquisition of film projects for distribution 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 of printed publications or electronic publications (including the software, hardware and information security tools used in them) of certain authors from the publishers of such publications if these publishers have exclusive rights or exclusive licenses to use such publications, as well as provision of services for providing access to such electronic publications to support the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;
• 15) concluding a contract to visit a zoo, theater, cinema, concert, circus, museum, exhibition or sporting event;
• 16) concluding a contract for the provision of services for participation in an event held for the needs of several customers with a supplier (contractor, performer) determined by the customer, who is the organizer of such an event, in the manner established by this Federal Law;
• 17) conclusion of a contract by a theater, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir group, orchestra, ensemble), television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, educational institution, zoo , a planetarium, a park of culture and recreation, a nature reserve, a botanical garden, a national park, a natural park or a landscape park with a specific individual to create a work of literature or art, or with a specific individual or a specific legal entity engaged in concert or theatrical activities, including including a concert group (dance group, choir group, orchestra, ensemble), for performance, or with an individual or legal entity for the production and supply of scenery, stage furniture, stage costumes (including hats and shoes) and those necessary for creating scenery and costumes, materials, as well as theatrical props, props, makeup, costume products, theatrical dolls, necessary for the creation and (or) performance of works by the specified organizations;
• 18) conclusion of a contract for the provision of services for the sale of entrance tickets and subscriptions for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - strict reporting forms;
• 19) conclusion of a contract for the provision of services for the implementation of author's control over the development of design documentation for a capital construction project, for carrying out author's supervision of the construction, reconstruction, major repairs of a capital construction project by the corresponding authors, for carrying out technical and author's supervision over the performance of work to preserve a cultural heritage site ( 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 of heads of foreign states, heads of government of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (in including to provide simultaneous translation), provision of food);
• 21) concluding contracts for the supply of goods, performance of work, provision of services to ensure the activities of state security facilities, including provision of on-site 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 (domestic, hotel, transport services, operation computer equipment, office equipment, sound equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);
• 22) conclusion of a contract for the management of an apartment building on the basis of a decision of a general meeting of owners of premises in an apartment building or an open competition held by a local government body in accordance with housing legislation, a management company, if the premises in an apartment building are privately, state or municipally owned;
• 23) 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 removal of household waste in the event of if 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;
• 24) recognition of the determination of the supplier (contractor, performer) by a closed method as 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 perform these functions executive power. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price or the contract price proposed in the application of the relevant procurement participant. The customer's request 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 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 within a period of no more than twenty days from the date the customer receives approval. The procedure for agreeing to conclude a contract with a single supplier (contractor, performer) is established by the federal executive body regulating the contract system in the field of procurement;
• 25) recognition as invalid 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, part 18 of Article 83 of this Federal Law. Approval of the conclusion of a contract in these cases, with the exception of cases of concluding 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 a federal executive body authorized to exercise control in the field of procurement, or a control body in the field of state defense procurement, an executive body of a constituent entity of the Russian Federation, a local government body of a municipal district or a local government body of a city district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such a price should not exceed the initial (maximum) contract price, the contract price proposed in the application of the corresponding procurement participant. The customer's request for approval of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than ten days from the date of posting in the unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer ) failed. In this case, the approval period should not be more than ten working days from the date of receipt of the specified request. A contract with a single supplier (contractor, performer) is concluded within a period of no 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 no more than twenty days from the date of placement in 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 regulating the contract system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this paragraph is equal to the winner of the determination of the supplier (contractor, performer);
• 25.1) recognition as invalid of an open competition 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, 2 and 5 of Article 55.1, parts 1 - 3.1 of Article 71 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, 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 paragraph is equal to the winner of the determination of the supplier (contractor, performer);
• 25.2) recognition of a request for quotation in electronic form as invalid 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 terms specified in the notice of procurement, at the price proposed by the procurement participant with whom the contract is concluded, 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 paragraph is equal to the winner of the determination of the supplier (contractor, performer);
• 25.3) recognition of the request for proposals in electronic form as invalid 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 terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, 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 paragraph is equal to the winner of the determination of the supplier (contractor, performer);
• 26) conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as participation 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 provision of travel to and from the place of business travel, the location of these events, rental of living quarters, transportation services, provision of food;
• 27) became invalid on January 1, 2014. - Federal Law of December 28, 2013 N 396-FZ;
• 28) procurement of medications that are intended to be prescribed to a patient for medical reasons (individual intolerance, for health reasons) by decision of the medical commission, which is reflected in the patient’s medical documents and the journal of the medical commission. The customer has the right to enter into a contract for the supply of medicines in accordance with this clause for an amount not exceeding two hundred thousand rubles. At the same time, the volume of purchased drugs should not exceed the volume of such drugs necessary for the specified patient during the period necessary for the purchase of drugs in accordance with the provisions of paragraph 7 of part 2 of Article 83, paragraph 3 of part 2 of Article 83.1 of this Federal Law. In addition, when purchasing medicines in accordance with the provisions of this paragraph, the subject of one contract cannot be medicines intended for prescription to 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;
• 29) concluding an energy supply agreement or an electricity purchase and sale agreement with a guaranteeing supplier of electric energy;
• 30) determination of the supplier, executor by order of the Government of the Russian Federation on 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 when purchasing ballots, absentee certificates, special signs (stamps), information materials placed on 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 mailings of election commissions used during elections to government bodies of the constituent entities of the Russian Federation, referendums of the Russian Federation and referendums of the constituent entities of the Russian Federation, and also during elections to local government bodies and local referendums in municipalities that are administrative centers (capitals) of constituent entities of the Russian Federation, except for the cases established by paragraph 6 of part 2 of article 1 of this Federal Law;
• 31) 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 of state power of a constituent entity of the Russian Federation, local administration;
• 32) rental 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 rental of residential premises located on the territory of a foreign state by customers operating on the territory of a foreign state;
• 33) conclusion of a contract for the provision of teaching services, as well as the services of a tour guide (guide) by individuals;
• 34) 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;
• 35) conclusion by organizations carrying out educational activities and recognized in accordance with the legislation on education as federal or regional innovation platforms, contracts for the supply of equipment (including its technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity, with the holder 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 by a budgetary institution, state, municipal unitary enterprises of a contract, the subject of which is the issuance of a bank guarantee;
• 37) procurement of folk arts and crafts 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 government bodies of contracts for the acquisition 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, in accordance with the Town Planning Code of the Russian Federation, an agreement on the development of territory for the purpose of building a standard housing or an agreement on the comprehensive development of the territory for the purpose of building standard housing, at a price and within the time frame determined by the agreement on the development of the territory for the purpose of constructing standard housing or the agreement on the comprehensive development of the territory for the purpose of constructing standard housing, provided that the agreement on the development of the territory for the purpose of construction of standard housing or an agreement on the comprehensive development of the territory for the purpose of construction of standard housing provides for the conclusion of state and (or) municipal contracts;
• 39) conclusion by executive authorities, local 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 person who has concluded in the manner and on the terms provided for by Federal Law No. of July 24, 2008 161-FZ "On promoting the development of housing construction", an agreement for the free use of a land plot for the construction of standard housing, for the integrated development of the territory, which also provides for the construction of standard housing, a lease agreement for a land plot for the construction of standard housing, for the integrated development of the territory , which provides, among other things, for the construction of standard housing, or a lease agreement for a land plot for the construction of a minimum required volume of standard housing, for the integrated development of the territory, which also provides for the construction of a minimum required volume of standard housing and other housing construction, at the price and within the terms determined by any of these agreements, provided that it provides for the conclusion of state and (or) municipal contracts;
• 40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with means of intelligence activities. 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 agency of the Russian Federation;
• 41) procurement of goods, works, services in order to provide the federal security service with means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the purchase 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 by the federal executive body, which carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies of contracts with individuals 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 in accordance with the legislation of the Russian Federation on official statistical records. At the same time, the volume of work performed by these persons and the contract price, 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 government. an executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information about contracts concluded in accordance with this paragraph is posted on the website of the federal executive body that carries out 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 telecommunications industry Internet network in the manner established by the federal executive body that carries out the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, in agreement with the federal executive body for regulating the contract system in the field of procurement ;
• 43) became invalid as of December 31, 2017. - Federal Law of December 31, 2017 N 503-FZ;
• 44) purchase by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services for granting the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international science citation indices from operators the specified databases included in the list approved by the Government of the Russian Federation;
• 45) purchase by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services to provide the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international science 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;
• 46) procurement of goods, works, services at the expense of financial resources allocated for operational investigative activities. The list of goods, works, services, the purchase of which can be carried out in accordance with this paragraph, is approved by the head of the relevant federal executive body authorized to carry out operational investigative activities in accordance with Federal Law of August 12, 1995 N 144-FZ "On Operational Investigations" investigative activities";
• 47) procurement of goods, the production of which was created or modernized and (or) mastered on the territory of the Russian Federation in accordance with a special investment contract, at regulated prices and taking into account the features provided for in Article 111.3 of this Federal Law;
• 48) procurement of goods, the production of which was created or modernized and (or) mastered on the territory of a constituent entity of the Russian Federation in accordance with a state contract concluded in accordance with Article 111.4 of this Federal Law, at regulated prices and taking into account the features provided for by this article. Only customers of a given subject of the Russian Federation, as well as municipalities located on the territory of a given subject of the Russian Federation, have the right to conclude a contract on the basis of this clause. In this case, the only supplier of goods can only be a legal entity with which a government contract has been concluded in accordance with Article 111.4 of this Federal Law (hereinafter referred to as the supplier-investor);
• 49) procurement of work on the production of excise stamps for labeling alcoholic beverages and tobacco products imported into the Russian Federation at prices (tariffs) established in accordance with the legislation of the Russian Federation by the federal executive body authorized by the Government of the Russian Federation;
• 50) procurement of transport services and additional services related to their provision if it is necessary to carry out military transportation (rail, sea, river, air and road) in the event of a threat to the military security of the Russian Federation and (or) to ensure the participation of the Armed Forces of the Russian Federation, others troops in operations to maintain or restore international peace and security outside the Russian Federation in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation in the manner established by the Government of the Russian Federation;
• 51) procurement of legal services in order to ensure the protection of the interests of the Russian Federation in foreign and international courts and arbitrations, as well as in bodies of foreign states;
• 52) procurement of goods, works, services by state security authorities in order to implement measures to implement state security. The list of goods, works, services, the purchase 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 state security;
• 53) conclusion by government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies of contracts for the provision of services for the implementation of rating actions by legal entities recognized in accordance with the legislation of the Russian Federation as credit rating agencies, as well as foreign legal entities carrying out rating actions outside the territory of the Russian Federation;
• 54) procurement of work to modernize federal state information systems for information and legal support for the activities of the chambers of the Federal Assembly of the Russian Federation and services to support such systems;
• 55) conclusion of a contract for the provision of services for the production of document forms certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation and outside the territory of the Russian Federation, certifying the identity of a foreign citizen or stateless person, issued in the Russian Federation in cases established by the legislation of the Russian Federation, forms certificates of state registration of acts of civil status, forms of temporary documents identifying a citizen of the Russian Federation and giving him the right to enter (return) to the Russian Federation, as well as forms of documents for entry into the Russian Federation and departure from the Russian Federation of foreign citizens and stateless persons .

When making a purchase from a single supplier (contractor, performer) in the cases provided for in paragraphs 1 - 3, 6 - 8, 11 - 14, 16 - 19 of part 1 of this article, the customer places a notice of such purchase in the unified information system no later than five days before the date of conclusion of the contract (except for purchases by customers included in the list provided for in paragraph 5 of part 2 of Article 84 of this Federal Law). The notice of procurement from a single supplier (contractor, performer) must contain the information specified in paragraphs 1, 2, 4 of Article 42 of this Federal Law, as well as in paragraph 8 of this article (if the establishment of a requirement to ensure contract performance is provided for in Article 96 of this Federal Law ). Notification of a procurement from a single supplier (contractor, performer) is not required if information about it constitutes a state secret. When making a purchase from a single supplier (contractor, performer) in the cases provided for in paragraphs 6, 9, 34 and 50 of part 1 of this article, the customer is obliged to notify the control body in the field of procurement about such purchase no later than one working day from the date of conclusion of the contract . Notification of such a purchase is sent when it is carried out to meet federal needs, the needs of a constituent entity of the Russian Federation or municipal needs, respectively, to the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense procurement, the executive body of the constituent entity of the Russian Federation , a local government body of a municipal district or a local government body of a city district authorized to exercise control in the field of procurement. A copy of the contract concluded in accordance with this paragraph with the rationale for its conclusion is attached to this notification.

In the case of a purchase from a single supplier (contractor, performer) to conclude a contract, the customer is obliged to justify in a documented report the impossibility or inappropriateness of using other methods of determining the supplier (contractor, performer), as well as the contract price and other essential terms of the contract. The provisions of this part do not apply to cases of procurement from a single supplier (contractor, performer) provided for in paragraphs 1, 2, 4, 5, 7, 8, 15, 16, 19 - 21, 24 - 26, 28, 29, 33, 36, 42, 44, 45, 47 - 48, 50 - 55 of part 1 of this article.

When purchasing from a single supplier (contractor, performer), the contract must contain a calculation and justification of the contract price, with the exception of cases of procurement from a single supplier (contractor, performer), in which documentary execution of the report provided for in Part 3 of this article is not required.