Government Decree No. 1279 of September 30, 2019 states that nothing needs to be written to justify the compliance of the procurement object in 2020. This resolution abolished the justification form for the entire purchase, including its part on the compliance of the subject of the tender. This form was approved by government decree No. 555 of 06/05/2015.
What is a procurement object and how to describe it
Object of purchase - analogue technical specifications, from him correct description depends on the effectiveness of procurement procedures. The description of the public procurement object is drawn up extremely objectively and specifically so that the customer receives the maximum number of relevant proposals and selects the winner. The description must include all available characteristics: functional, quality and technical and operational properties. It is prohibited to refer to trademarks or brand names and specify other requirements that will limit the number of participants.
Sources for creating a description:
- Previously executed contracts.
- Official websites (or other sources of information) of state and municipal bodies.
- Regulatory documents technical standards, standards, regulations and other sets of rules.
- Information from published scientific articles in journals and other information sources.
- Other sources.
There are recommendations for describing the subject of public procurement. They relate to technical and physical indicators, terminology and symbols that are used to describe the purchased goods, works and services. They are installed:
- Standards adopted in accordance with 162-FZ dated June 29, 2015 “On standardization in Russian Federation».
- Technical regulations, adopted in accordance with 184-FZ of December 27, 2002 “On technical regulation”.
- Other conditions related to the customer's needs.
Here is an example of a description of a public procurement object under 44-FZ:
If required product included in the catalog of goods, works, services (KTRU) and start date mandatory application has arrived, then you will have to take characteristics from this catalog to describe the public procurement object. If the customer decides to use other parameters, he is obliged to justify such a decision. This is indicated in clauses 5, 7 of the rules for using KTU.
Here is an example of what to write to justify inclusion additional information in information about the product, work, service:
How they justified it until 2020
When forming an order plan and schedule, budgetary institutions must provide justification for the order. The procedure is established by Decree of the Government of the Russian Federation No. 555 of 06/05/2015. The customer independently fills out the columns of the justification form for ordering goods, works and services.
The justification form looks like this:
Here is an example of how an object was justified during a real procurement:
Let's look at filling out this form.
Cell 1. The serial number is indicated.
Cell 2. The identification code is indicated in accordance with the selected subject of public procurement, formed according to the rules of Art. 23 44-FZ and order of the Ministry of Economic Development of Russia No. 422 dated June 29, 2015.
Cell 3. The name of the item to be ordered is indicated. It completely coincides with the column “Name of the subject of the contract” from the schedule.
Cell 4. The program within which government procurement is carried out is indicated, for example, state, municipal or targeted.
Cell 5. The program activity is indicated in accordance with the fourth column of the form.
Cell 6. The relationship between government procurement and activities within the framework of the program execution indicated in column 4 is indicated.
Cell 7. Indicates the presence of regulations that establish requirements for certain types of goods, works and services, or their absence.
How to justify: examples from practice
Let us show with an example how to write a justification for a purchase.
Column 3. Translation services public services for registration of acts of civil status and issuance of a hunting license in electronic form. The contract concluded based on the procurement results has the same name.
Column 4. State program of the Russian Federation " Information society(2011-2020)”, Decree of the Government of the Russian Federation dated April 15, 2014 No. 313.
Column 5. In accordance with the program from column 4.
Column 6. The purpose or outcome of the purchase is indicated in accordance with the program from column 4.
Column 7. The resolution within the framework of which the public procurement is carried out is indicated.
And here is an example of justification for the compliance of the procurement object with the program event.
Justification for the procurement of goods, works, services when
formation, approval and maintenance of the schedule
The rules and form of justification for the purchase of goods, works, services when creating a schedule are approved by Decree of the Government of the Russian Federation dated June 5, 2015 No. 555 “On establishing the procedure for justification of purchases of goods, works, services to meet state and municipal needs and the forms of such justification.”
The schedule for each lot is subject to justification:
Initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer);
Method for determining the supplier (contractor, performer);
Additional requirements for procurement participants, if such requirements exist.
In relation to purchases carried out in accordance with paragraphs 4, 5, 26 and 33 of part 1 of article 93 Federal Law No. 44-FZ, the annual volume of these purchases is subject to justification.
If changes are made to the schedule for a lot, changes are made to the procurement justification form.
Justification of the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer) is carried out in the manner established Article 22Federal Law No. 44-FZ.
When justifying the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer), it is necessary to be guided by the order of the Ministry economic development RF dated 10/02/2013 No. 567 “On approval Methodological recommendations on the application of methods for determining the initial (maximum) price of a contract, the price of a contract concluded with a single supplier (contractor, performer)” (hereinafter referred to as the Methodological Recommendations).
In accordance with paragraph 2.1 of the Methodological Recommendations, the justification for the NMCC is to perform the calculation stated price with the attachment of background information and documents or indicating the details of the documents on the basis of which the calculation was made. At the same time, the justification for the NMCC, which is subject to public posting on the Internet information and telecommunications network (hereinafter referred to as the Internet), does not indicate the names of suppliers (contractors, performers) who provided the relevant information.
Examples of filling out justification for purchases when creating and approving a schedule are given in Appendix No. 1.
Appendix No. 1
Examples of filling out a procurement rationale when creating and approving a schedule
| Object name | Initial (maximum) contract price, contract price concluded with a single supplier (contractor, performer) | Name of the method for determining and justifying the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) | Justification for the impossibility of using…. methods specified in Part 1 of Article 22 of the Federal Law | Justification of the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) in the manner established by Article 22 of the Federal Law | Method for determining the supplier (contractor, performer) | Justification of the chosen method of determining the supplier (contractor, performer) | Justification of additional requirements for procurement participants (if any such requirements exist) |
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| Supply of medical furniture | 67,500.00 rubles | Comparable method market prices(market analysis) | The calculation was made in application No. 1 *. | Electronic auction | | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
* Example application No. 1Justification of the initial (maximum) contract price for the supply of medical furnitureCalculation of NMCC:
KP - commercial offer |
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| Carrying out work on major renovation roofs | 3,273,494.00 rubles | Design and estimate (if there is a project) | The initial (maximum) contract price is determined in accordance with the requirements of Article 22 of Law No. 44-FZ and taking into account the Methodological recommendations for the application of methods for determining the initial (maximum) contract price, approved by Order of the Ministry of Economic Development of Russia dated October 2, 2013 No. 567. The calculation was made in Appendix No. 2*. | Electronic auction | Part 2 Part 3 Article 59 of Federal Law No. 44-FZ dated 04/05/2013, Order of the Government of the Russian Federation dated 03/21/2016; N 471-р | In accordance with Appendix No. 1 to Government Decree No. 99 dated 02/04/2015 |
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* Example application No. 2Justification of the initial (maximum) contract pricefor major roof repair work
The initial (maximum) contract price is set at: 3,273,494.00 rubles Contract manager (contract service employee) /_______________/ ________________
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| Electricity supply | 11,910 rubles | Tariff method | The initial (maximum) contract price is determined in accordance with the requirements of Article 22 of Law No. 44-FZ and taking into account the Methodological recommendations for the application of methods for determining the initial (maximum) contract price, approved by Order of the Ministry of Economic Development of Russia dated October 2, 2013 No. 567. The calculation was made in Appendix No. 3*. | Purchasing from sole supplier(contractor, performer) | clause 1 part 1 art. 93 Federal Law dated April 5, 2013 No. 44-FZ | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| *Appendix No. 3 Calculation of the price of a contract concluded with a single supplier. |
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Hello, dear colleague! In today’s article we will look at such an interesting topic as the justification of purchases within the framework of 44-FZ. Let's talk in detail about what a procurement justification is, by whom and in what time frame it is prepared, as well as what information it should contain. The material in the article is intended primarily for representatives of Customers, and will also be useful for informational purposes to suppliers.
1. What is a procurement rationale?
Justification for purchase (Rationale) - a document that is an annex to the procurement plan and procurement schedule.
The justification for the purchase is carried out by the Customer at the planning stage. Article 18 of 44-FZ came into force on January 1, 2016, therefore Customers must form the first OZ in the form of annexes to the procurement plan for 2017-2019. and schedule for 2017.
3. Justification for the formation of the schedule
According to Part 3 of Article 18 of 44-FZ, when forming a schedule, the following are subject to justification:
2) the method of determining the supplier (contractor, performer) in accordance with Chapter 3 of 44-FZ;
3) additional requirements for procurement participants.
I also recommend that you watch a video review of the new procurement justification service - “Justify!” . This service will be useful to both Customers and suppliers.
4. Time frame for preparing the procurement justification
The deadlines for the preparation of OZ for federal Customers are established by the Government of the Russian Federation, for Customers of a constituent entity of the Russian Federation - by the highest executive body state power subject of the Russian Federation, and for municipal Customers - by the local administration.
5. Assessing the validity of procurement
According to part 4. Article 18 44-FZ assessment of the validity of procurement is carried out during monitoring, audit and control in the field of procurement.
Based on the results of audit and control in the field of procurement, a specific purchase may be recognized as unfounded.
If the planned purchase is recognized as unfounded, the control authorities specified in clause 3, part 1, article 99 44-FZ ( Note: these are internal state (municipal) bodies financial control), issue orders to eliminate identified violations of the legislation of the Russian Federation and other regulatory legal acts on contract system in the field of procurement and bring to administrative responsibility persons guilty of violations of the requirements of 44-FZ, in the manner established by the Code of the Russian Federation on administrative offenses.
This concludes my short article. I hope that the above material was useful to you. I wish you good luck and see you in the next issues.
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If there is an obvious connection between the product and the buyer, for example, a kindergarten orders furniture for preschoolers, then it is enough to indicate in column 6 of the report that the contract is necessary for the kindergarten to exercise its authority to care for children. When there is no such direct connection, e.g. kindergarten intends to purchase the services of a car mechanic, in the appropriate column it is necessary to explain in writing why such services are needed. For example, you can write that the services of a car mechanic are needed to repair buses used to transport children. Explanations in the schedule When approving the schedule, you will need to fill out a different form. It is also approved by government decree No. 555 and looks like this: It has 10 columns, the first three of which are filled out in the same way as the previous form.
Examples of justification for purchases under 44-FZ and why it is needed
In the second you need to comment on the general annual volume orders when they concern:
- procedures with a certain size up to 100,000 or 400,000 rubles;
- business trips, participation in cultural events;
- list of business trips, events in accordance with invitations;
- teaching services, guide services;
- educational and excursion events.
It is important to remember that when making changes to planning documents, you must also make changes to individual forms of your explanations. An example of justification for a procurement schedule plan An example based on an excerpt from a real document posted in the Unified Information System.
Example of justification for purchase
In these and other cases listed in the law, the customer can purchase from the selected supplier. At the same time, he will have to draw up a report and justify his choice. When it is necessary to justify purchases and when this is not necessary. For contracts concluded with a single supplier, the customer is required to attach a report.
It indicates the reason for choosing such a purchase, the conclusion about the impossibility or inappropriateness of using other methods, as well as the justification for the contract price. This rule is established by parts 3 and 4 of Article 93 44-FZ. This is true for all of the following cases:
- Work related to mobilization preparation.
- Services that can be provided exclusively by executive authorities or organizations within their department.
We draw up a justification for the compliance of the procurement object
Since analogues of the purchased software are absent, then the price is determined by organizing the cost method regulated by Article 22 of 44-FZ.
- Justification of other terms of the contract. The delivery time of 3 days is determined based on the customer's needs. Since the program is implemented using the Internet, its delivery to the consumer will not require a significant investment of time.
- Date of document preparation, signature of the customer’s representative, stamp. If the customer violates the procedure for submitting a report, he faces punishment.
Regulatory authorities impose a fine in a specified amount. Drawing up such a report helps prevent the use of corruption schemes and unreasonable purchases from an affiliated supplier.
Justification of the procurement plan and schedule plan
The organization must not only develop a public procurement plan and create a schedule based on it, but also justify each order included in the planning documents (Article 18 44- How - we will show with the example of justifying the procurement schedule and plan. How to draw up a report on the justification of the purchase from a single supplier In addition, the customer must indicate:
- the initial price of the contract and its justification;
- method of determining and justifying the price;
- the method of identifying the supplier and the reasons for this;
- grounds for putting forward additional requirements for participants.
As an example, consider one of the positions in the schedule of a metropolitan school that intends to purchase building materials.
RF, municipal program (column 5) - “Measure 1.2.1 “Organization of the provision of publicly available and free primary general, basic general, secondary general education, creation of conditions for supervision and care of children in after-school groups and maintenance of children in the MBOU “Boarding School”;
- justification for the compliance of the object and (or) objects of the order with the event of the state (municipal) program (column 6) - “Ensuring the activities of a general education institution in terms of implementing the organization of providing public and free primary general, basic general, secondary general education, creating conditions for supervision and child care in extended day groups.”
Justification in the schedule When forming a schedule plan, the initial (maximum) contract price (NMCP) and the method for determining the procedure are subject to justification.
An example of justification for a purchase from a single supplier What is a procurement object and how to describe it A procurement object is in its way analogous to a technical specification; the effectiveness of procurement procedures depends on its correct description. The object of purchase is, according to 44-FZ, a fixation of qualitative and quantitative characteristics (standard) that allow it to be identified. The description of the public procurement object must be extremely objective and specific so that the customer receives the maximum number of relevant proposals and selects the winner.
The description must include all available characteristics: functional, quality and technical, as well as its operational properties. It is prohibited to refer to trademarks or trade names and to indicate other requirements that will limit the number of participants.
An example of justification for the purchase of communication services
Example of justification Frequently asked question, which arises when it is necessary to justify the conformity of the procurement object in 2018 - what to write? The customer repeatedly asks them when drawing up an order plan and schedule. Let's answer this question with the help of an example. Column 3. Services for converting government services for civil registration and issuing hunting licenses into electronic form.
The contract concluded based on the procurement results has the same name. Column 4. State program of the Russian Federation “Information Society (2011–2020)”, Decree of the Government of the Russian Federation dated April 15, 2014 No. 313. Column 5. In accordance with the program from column 4.
Column 6. The purpose or outcome of the purchase is indicated in accordance with the program from column 4. Column 7.
An example of justification for the purchase of telephone services
Therefore, in its letter, the Ministry of Economic Development emphasized that the customer has the right to independently determine which commentary on the NMCC will be acceptable for presentation in the table (Letter dated October 26, 2016 No. D28i-2944). Government Decree No. 555 proposes to separately consider the rules for explaining the purchase of medicines within the framework of a request for proposals (clause 7, part 2, article 83 44-FZ) and from a single supplier (clauses 4, 5, 26, 33, part 1, art. 93 44-FZ). In these cases, the filling rules are simpler. In relation to the indicated orders in the table of explanations to the schedule, columns 5, 6, 9, 10 will not need to be filled out.
In the first case (medicines), the explanation is based on the decision of the medical commission.
Info
In these cases, the contract manager is required to generate a report, which becomes an integral part of the contract. How to justify the choice of purchasing from a single supplier The customer is required to indicate in the report the reason why he chose this particular procurement method. The most commonly used justifications are:
- The selected company has no competitors.
- Urgency of procurement.
- It is inappropriate to supply goods or services from suppliers from other regions.
- Lack of interest from other market participants.
- Implementation of additional purchases.
The reason is written down in a separate document and endorsed only by the customer’s representative. Example of a report Unified form there is no way to create such a report. Each organization develops it individually.
What is a procurement object and how to describe it? A procurement object is in its way analogous to a technical specification; the effectiveness of procurement procedures depends on its correct description. The object of purchase is, according to 44-FZ, a fixation of qualitative and quantitative characteristics (standard) that allow it to be identified. The description of the public procurement object must be extremely objective and specific so that the customer receives the maximum number of relevant proposals and selects the winner.
The description must include all available characteristics: functional, quality and technical, as well as its operational properties. It is prohibited to refer to trademarks or trade names and to indicate other requirements that will limit the number of participants.
Sources for creating a description can be:
- Previously executed contracts.
- Official websites (or other sources of information) of state and municipal bodies.
- Regulatory documents, technical norms, standards, regulations and other sets of rules.
- Information from published scientific articles in journals and other information sources.
- Other sources.
In accordance with the federal legislation on the contract system, customers, which include budgetary institutions, will have to justify them from 01/01/2016 when planning their purchases (Article 18 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 the Law on the Contract System)). A new regulatory legal act - Decree of the Government of the Russian Federation dated 06/05/2015 No. 555 - establishes the procedure for justifying the purchase of goods, works and services (GWS) to meet state and municipal needs and the forms of such justification. In this consultation, the author examines the rules for justification of procurement taking into account this new document.
Justification for the purchase is carried out by the budgetary institution in two cases : when forming a procurement plan and when forming a procurement plan-schedule (hereinafter referred to as the schedule). Please note that from 01/01/2016 institutions will be required to create both of these documents - for now only the formation of a schedule is being carried out.
The procurement plan will be formed for the next financial year and the planned period of the budget period, the schedule - only for the next financial year. For example, taking into account the fact that budgets are three-year, in 2016 institutions will need to create a procurement plan for 2017 (the next financial year) and 2018-2019 (planning period), and a schedule for 2017. At the same time, these documents will need to be made taking into account normative legal acts that have already been adopted, but have not yet entered into force - they also come into force on 01/01/2016. Now schedules are formed taking into account such a regulatory legal document as Order of the Ministry of Economic Development of the Russian Federation No. 182, Treasury of the Russian Federation No. 7n dated March 31, 2015, establishing the features of placement in a single information system or before the commissioning of the specified system on the official website of government procurement http://zakupki.gov.ru plans and schedules for placing orders for 2015 - 2016.
Deadlines for the formation of the procurement plan and schedule
What needs to be justified in a procurement plan?
When forming a procurement plan, the procurement object will be subject to justification based on the need for implementation specific purpose procurement. IN tabular form the plan itself contains a column “Purpose of the procurement” - it should indicate this or that event of the state or municipal program, within the framework of which budgetary institution makes a purchase, and the expected result of the implementation of this activity. Besides, should act as an annex to the procurement plan separate document – justification for each procurement item or items.
What information should be included in the justification of the procurement object?
The justification for the procurement object(s) is a tabular form in which the following data is entered for each procurement:
Identification code. The procedure for generating this code, including its composition and structure depending on the purposes of application, will be established by the Ministry of Economic Development in agreement with the Ministry of Finance. At the time of preparation of this consultation (June 2015), this procedure had not been established.
Name of the procurement object. It practically corresponds to what is called in existing schedules “the name of the subject of the contract” - for example, a passenger car.
Name of the state program, program of a constituent entity of the Russian Federation, municipal program (including a target or departmental target program, other strategic and program-target planning document), if the purchase is planned within the framework of the specified program.
At the moment, in accordance with budget legislation, which provides for the widest use of the program-target method of management and budgeting, the activities of state and municipal institutions, as a rule, are carried out within the framework of state and municipal programs. Within the framework of these programs, budget expenditures for the activities of institutions are also formed ( Part 4 Art. 21, art. 179 BC RF). For example, in the Moscow region, the activities of regional government institutions of medium vocational education carried out within the framework of the regional State program of the Moscow region "Education of the Moscow Region" for 2014 - 2018 (subprogram “Vocational education”).
Event name state program, program of a constituent entity of the Russian Federation, municipal program (including target or departmental target program, other strategic and program-target planning document), name of function, powers government agency, the management body of a state extra-budgetary fund, a municipal body and (or) the name of an international treaty of the Russian Federation.
As procurement goals, the federal legislation on the contract system provides not only for the implementation of state or municipal programs, but also for the fulfillment of the international obligations of the Russian Federation, the functions and powers of state bodies of the Russian Federation, management bodies of state and territorial extra-budgetary funds of the Russian Federation, government bodies subjects of the Russian Federation, municipal bodies, with the exception of those carried out within the framework of state and municipal programs. However, as mentioned above, the activities of budgetary institutions, as a rule, are carried out precisely within the framework of programs. Therefore, for example, in relation to the procurement passenger car for the needs of a budgetary institution of secondary vocational education, it is necessary to indicate the activity of the corresponding program, for the implementation of which such a purchase is necessary and the funds for which are provided in the amount of funding for this activity. If we take as an example the above state program Moscow region “Education of the Moscow Region” for 2014 – 2018, then the event of this program, to which the purchase of a passenger car by a budgetary institution of secondary vocational education could be “tied”, could be “improving the material and technical base government agencies vocational education" (if the purchase was planned at the expense of budget funds, transferred to the institution in the form of a subsidy for purposes not related to the implementation of government assignments) or “carrying out educational activities at the expense of physical and (or) legal entities under contracts for the provision of paid educational services in educational organizations of vocational education" (if the purchase is at the expense of extrabudgetary funds institutions received for the provision of paid educational services). Although we note that the latter case is unlikely, since, most likely, the budgetary institution will carry out purchases from extrabudgetary funds within the framework of Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services by certain types of legal entities”, where procurement justification is not required.
Justification of compliance of the object and (or) procurement objects activities of the state (municipal) program, functions, powers and (or) international treaty of the Russian Federation. In this paragraph, it is necessary to indicate how the procurement corresponds to the above-mentioned measure of the state or municipal program. For example, in the case of purchasing a passenger car as part of an event to strengthen the material and technical base of government institutions, you can quite formally and laconically indicate that the purchase of a new car will help strengthen the material and technical base of the institution.
Full name, date of adoption and number of approved normative legal (legal) acts , establishing requirements for certain types of GWS (including maximum prices) and (or) for determining standard costs for ensuring the functions, powers of state bodies, management bodies of state extra-budgetary funds, municipal bodies, including government institutions subordinate to these bodies, or an indication on the absence of such an act for the corresponding procurement object (objects).
Which price restrictions consider?
The justification for procurement is related to the concept of “rationing in the field of procurement”, introduced by federal legislation on the contract system and designed to meet state and municipal needs, while excluding purchases of industrial and technical materials that have excess consumer properties or are luxury items. Until 01/01/2016 state and municipal bodies, on the basis of standardization rules, which must also be established by them, approve the requirements to certain types of GWS purchased by budgetary institutions subordinate to these bodies (including their maximum prices). For example, in relation to passenger cars purchased by budgetary institutions, a maximum price for the car may be established. For example, at the federal level, such restrictions have already been defined - if you plan to purchase a car for the head or deputy head of a federal government body with personal assignment, then such a car can cost no more than 2.5 million rubles, if for the head (deputy head) structural unit of this body - no more than 1.5 million rubles. Therefore, if you plan to purchase industrial and technical materials for which such rationing will be established, in this position it is necessary to indicate the details of the relevant regulatory legal act.
What needs to be justified in the schedule?
When forming another document - a schedule - the following is subject to justification:
– initial (maximum) contract price (NMCP) or contract price in the case of procurement from a single supplier (contractor, performer) (EP);
– the method of determining the supplier (contractor, performer), including additional requirements for procurement participants, if the procurement method is a tender with limited participation or a two-stage tender.
These justifications must be contained in separate application to the schedule for each procurement object. This application is compiled in tabular form, in which for each purchase, in addition to its identification code and name of the object (the contents of the procurement plan justification form are repeated here - see above), the following data is entered:
1. NMCC, the price of the contract concluded with the EP.
If we are talking, for example, about the purchase of a passenger car, then a specific initial (maximum) purchase price is indicated.
2.Name of the method of determination and justification NMCC, prices of the contract concluded with the EP. In accordance with the federal legislation on the contract system, the following may be used to determine the NMCC or the price of the contract concluded with the EP: 1) the method of comparable market prices (market analysis); 2) normative method; 3) tariff method; 4) design and estimate method; 5) cost method.
3. Justification for the impossibility of using the methods specified in Part 1 of Art. 22 of the Law on the contract system , as well as justification for the method of determining and justifying the NMCC, the price of the contract concluded with the EP, not provided for in Part 1 of Art. 22 laws.
If, when planning a purchase, the customer was unable to apply any of the above methods for determining the NMCC or the contract price with the EP - the federal legislation on the contract system allows this - then in this position it is necessary to justify this impossibility, as well as the method that was used instead of the above. If any of the above methods were applied, this position is not filled.
4.Justification of the NMCC, the price of the contract concluded with the EP. Here it is necessary to describe the specific procedure for applying one or another method to determine the NMCC or the price of the contract concluded with the EP. For example, if the comparable market price method is used when purchasing a passenger car, then you need to provide the collected data from various suppliers and calculate the final result. If the purchase is carried out from the EP in established cases when justification for the contract price is not required (for example, when purchasing goods and materials for an amount not exceeding 100 thousand rubles), this position is not filled.
5. Method for determining the supplier (contractor, performer). One of the methods for determining the supplier (contractor, performer) is indicated, which is provided for by the federal legislation on the contract system and which the budgetary institution, within the framework of this legislation, selects for procurement.
6. Justification of the chosen method of determining the supplier (contractor, performer). The choice of one or another method of determining a supplier (contractor, performer) within the framework of the federal contract system is carried out by a budgetary institution, taking into account numerous various factors However, without delving into this large-scale topic now, we can recommend that institutions use fairly formal wording when filling out this position - for example, “the use of a request for quotation to make this purchase is permitted by current legislation.”
7. Justification of additional requirements for procurement participants (if such requirements exist). Federal legislation on the contract system provides that when using certain procurement methods, including a competition with limited participation and a two-stage competition, a budgetary institution must use additional requirements for procurement participants in cases established by the Government of the Russian Federation. For example, when purchasing through a competition with limited participation of services catering and (or) supplies food products, purchased for organizations carrying out educational activities, medical organizations, organizations social services, organizations for children's recreation and their health, if the NMCC (lot price) exceeds 500 thousand rubles, the budgetary institution must apply to procurement participants such a requirement as “having experience in the execution (taking into account succession) of a contract (agreement) for the provision of public catering services and (or) supply of food products for the last three years prior to the date of filing an application for participation in the relevant competition.”
Since the establishment of these additional requirements in certain cases is mandatory, when filling out this position it is recommended to simply indicate this or that additional requirement marked “(is mandatory in accordance with current legislation).”
Regarding procurement through request for proposals for medicines , which are necessary for prescription to a patient in the presence of medical indications (individual intolerance, for health reasons) by decision of the medical commission, an additional supporting document is the decision of the medical commission. This decision should also be an annex to the procurement plan or schedule.
Regarding individual species Not every contract concluded is subject to justification, but the total annual volume of purchases is subject to one line. These types of procurement include the following purchases from the EP:
– purchase of goods and materials for an amount not exceeding 100 thousand rubles;
– purchase of industrial and technical materials by the state or municipal institution culture, the statutory goals of which are the preservation, use and popularization of cultural heritage objects, as well as other state or municipal institutions (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 for an amount not exceeding 400 thousand rubles;
– concluding 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 (such services include provision of travel to the place of business trip, the venue of the specified events and back, rental of living quarters, transport service, provision of food);
– conclusion of a contract for the provision of teaching services, as well as the services of a tour guide (guide) by individuals.
If changes are made to the procurement plan or schedule, changes must simultaneously be made to the corresponding procurement justification forms.
Features of justification in the procurement plan and in the schedule
Control of the validity of purchases
It should be remembered that the assessment of the validity of procurement will be carried out during their monitoring, audit and control in the field of procurement. At the same time, based on the results of the audit and control, a specific purchase may be recognized as unfounded - then the control authorities will issue orders to eliminate identified violations of the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement and bring to administrative responsibility those responsible for violations in the manner , established by the Code of Administrative Offenses of the Russian Federation.
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