Justification of the method for selecting a repair supplier sample. Justification for the chosen method of determining the supplier when purchasing water from a single supplier

With the entry into force of the Procedure for Justification of Government Procurement (GD dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule. In the form accompanying the schedule, columns No. 8 and 9 are introduced, in which the customer includes information about the method for determining the supplier (contractor, performer) and the reasons for this choice.

The need to justify is provided for in Art. 18 of the Law on the contract system (44-FZ). The point is that it is necessary to show on what basis a particular procedure was chosen, and that the decision complies with the requirements of the law. Bodies have been created to audit and control this function. During their inspection, the purchase may be recognized as unjustified.

Initially, the obligation to justify the chosen method of identifying a supplier (contractor, performer) raised many questions among the organizers. There were no clear requirements for completing this column. Therefore, it is worth considering this issue in more detail.

Criteria for choosing a procurement method

The rationale for choosing a supplier is a consequence of the correct selection of the procedure.

Criteria for choosing a procurement method:

  • subject and terms of the contract;
  • parameters for identifying the winner;
  • optimal timing.

In some cases, the method is based on the requirements established in 44-FZ.

Justification for the chosen method of determining the supplier: electronic auction

A wide range of cases has been established when a customer can conduct an electronic auction. This procedure is mandatory when:

  • it is planned to order goods, works, services that are included in the government List (approved by the RP dated March 21, 2016 No. 471-r);
  • Only one criterion for determining the winner is established - the contract price.

Justification for the chosen method of determining the supplier: request for quotations

Open competition

In cases in which the customer determines the winner based on the criteria of the best conditions for the execution of the contract, the order is justified as an open competition.

Limited Participation Competition

Two-stage competition

At the same time, purchases of federal executive authorities, which draw up and implement state policy in the field of defense, management and security, as well as state institutions and state unitary enterprises subordinate to them, fall into exceptions and are not consistent with the FAS. The list of such bodies, institutions and enterprises must be approved by separate Resolution Governments.

Electronic sealed bidding

In accordance with Part 2 of Art. 84.1, closed electronic procedures are used in cases that are similar to paper sealed auctions. At the same time, the same article states that the government may oblige procurement to be carried out in the form of closed electronic tenders.

01.10.2019 came into force the federal law No. 71-FZ dated 05/01/2019. It states that in 2020 the object, method of procurement and NMCC are not justified.

As justified before

The planning stage for the customer is a complex and scrupulous procedure. The organization must not only develop a government procurement plan and create a schedule based on it, but also justify each order included in the planning documents (Article 18 44-FZ). Current legislation provides for mandatory reasons for procurement activities:

  • The PZ is regulated by Art. 17 44-FZ;
  • PG - Art. 21 44-FZ.

The type of document form and the procedure for preparing the explanatory form for the PP and PG are fixed by Government Decree No. 555 of 06/05/2015.

If changes are made to the planning registers during the reporting period, they must also be formally justified. We will show how by using the example of justification of the procurement schedule and plan.

The OZ must be prepared within the deadlines established by the RF PP for customer organizations at the federal level, authorized bodies executive power - for institutions at the level of a constituent entity of the Russian Federation and local administrations - for municipal organizations.

How to justify a procurement plan

After the PP has been formed, it is necessary to prepare a justification for the compliance of the object in terms of procurement. And it is necessary to provide reasons for each object (item) of the order that the customer organization included in the planned register. To confirm the effectiveness and expediency of the procedure, it is necessary to describe the purpose of the auction and indicate the name of the state program event on the basis of which the order is made. The form must indicate certain functions, powers and details of the normative act (Article 19 44-FZ) regulating a specific procedure.

The feasibility of the order and the purpose of its implementation are described in accordance with Art. 13 44-FZ:

  • implementation of activities established by city and municipal programs;
  • fulfillment of international obligations, implementation of interstate level programs that are not included in state and municipal programs;
  • implementation of other functions and powers.

Procurement plan justification form

An example of justification for a procurement plan for 2020

An example of justification for procurement when creating a procurement plan in the Unified Information System: step-by-step instructions

1. You need to go to the Personal Account to the “Procurement Register” tab, select the plan to be generated and on the tab panel go to the “Purchases Goals and Justification” dialog box.

2. In the window that opens, fill in all the lines in accordance with the existing legal regulations and the previously drawn up document. If legal act is not available at the institution, this must be reflected in the required line. If normative documents is, then click on “Search in the UIS”, a hyperlink will open and the “Search for standardization rules” dialog box will appear.

3. In the “Rule Search”, all the appropriate parameters are entered and a direct search is launched in the UIS. The desired one is selected normative act confirmation of the action. If the standardization rules were not found, the corresponding mark is set in the “Not found in the Unified Information System” cell.

4. When manually entering standardization rules, you must fill in all the necessary lines and click on the “Add” button.

5. Once all the required lines have been generated, you must click the “Complete” hyperlink. The system will automatically transfer the user to the “PO Positions” tab. The newly created position will be displayed in the PO table.

6. It is necessary to create the required number of PO positions, click “Next” and fill out each line in the same way.

How to justify a schedule

When forming a schedule, the following are subject to justification (Part 3 of Article 18 44-FZ):

  • the chosen method of determining the supplier, contractor, performer (Chapter 3 44-FZ);
  • NMCC - it is necessary to prepare a justification for the method of determining the NMCC in the schedule and a clear, correct calculation of the initial (maximum) contract price (Article 22 44-FZ);
  • additional requirements for participants in procurement procedures.

Having formed the PG, the customer organization is obliged to prepare a document in the prescribed form. The appendix to the schedule includes the following information:

  • name of the item of the order and its consistent description;
  • the initial (maximum) price of a specific contract;
  • method of defining and arguing the NMCC;
  • confirmation of the impossibility of using the methods from Part 1 of Art. 22 44-FZ;
  • additional requirements for participants;
  • method of determining the executor of the contract.

Document form for schedule

All government orders under 44-FZ are carried out with budget money. To control the effectiveness of expenses, customers are required to justify their necessity. Let's look at examples of what a justification for the compliance of a procurement object 2020 is, what to write in it and how to draw it up.

Normative base

According to Art. 18 of Law 44-FZ, the procedure and form of justification are established by the government. Interested parties can find the relevant regulations and forms in the decree executive body dated 06/05/2015 N 555.

The law requires that the order be justified twice - when drawing up the plan and when approving the schedule. Since the object of purchase is, according to Federal Law 44, any goods, works and services purchased to meet municipal, regional or state needs, it is necessary to “confirm” the compliance of each purchase. If the plan and schedule changes, corresponding changes are made to the reports with justifications.

For violation of these rules there is a fine for officials customer in the amount of 10,000 rubles, in accordance with Part 2 Art. 7.29.3 Code of Administrative Offenses of the Russian Federation. In addition, regulatory authorities may recognize the contract as unreasonable and refuse to conclude it.

Procurement rationale

When the plan is approved, the following form is attached to it:

In such a table, the customer fills out all the columns in order, indicating:

  • identification code and the item of purchase itself;
  • the name of the state or municipal program and the specific activity from it, for the implementation of which it is necessary to conclude a contract;
  • compliance of the procurement with the purposes listed in Art. 13 of Law 44-FZ;
  • links to regulations, establishing special requirements for purchased goods, works or services, or indicating their absence.

The customer is not required to provide a complete description of the procurement object under Federal Law 44. An example is a plan posted in the EIS, in which the Children's Preschool Kindergarten of the combined type "Lada" from the Moscow region explains the need to purchase household goods.

In chapter " General information positions" contains information about the purchase identification code and the name of the product.

The “Purpose and Justification” section indicates why the kindergarten administration purchases household goods.

If this information is translated into tabular form in a form approved by the government, the following will result:

You can formulate the compliance of the order with the goals in free form. 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 another 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. 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 nomination additional requirements to the participants.

As an example, consider one of the positions in the schedule of a metropolitan school that intends to purchase building materials.


If all the information from the UIS is translated into tabular form, the customer’s report will look like this:


If justification of the initial price using one of the established methods takes up a lot of space, and there are many positions in the schedule, officials suggest describing the calculations in appendices, and in column 3 providing only links to them.

In addition, if the customer enters into contracts with a single supplier in accordance with clauses 4, 5, 26, 33, part 1 of Art. 93 44-FZ, he is also obliged to justify the annual volume of such purchases, as well as indicate the existing restrictions on it.

The procurement procedure from one supplier (performer, contractor) must have a justification regarding the impossibility (inexpediency) of using other methods of purchasing goods, services or products. This procedure is enshrined in law (Part 3 of Article 93 of Law No. 44-FZ), and obliges the buyer, even before concluding a supply (service) agreement, to draw up a reporting document that would justify the inability to use several methods for selecting a supplier. In this case, the report should indicate the subject of the purchase with an explanation of the terms of the agreement, as well as the total cost of the contract.

  • links to legislation, rules and regulations;
  • links to by-laws, instructions, regulations and orders governing such procedures;
  • financial and economic aspects of the process, with an analytical description of financial mechanisms;
  • significant savings in government (budget) funds when using the procurement method from a single supplier;
  • advantages of the intended counterparty and profitable terms agreements with this method purchasing goods or services.

The main justifications for using the procurement procedure from one supplier may be the following:

  • time limits for procurement, when long-term processes are unprofitable and impractical, and will lead to budget overruns;
  • lack of profitability. The supplier may not be interested in low cost, the level of which is below the technically and economically justified limit;
  • offer from a single manufacturer of goods and services, since competition in this type there is no item to be purchased. Such suppliers may include monopolists, copyright and intellectual property rights holders, government bodies and so on.;
  • lack of interest among potential bidders. Confirmation of this fact can be written responses to the customer during similar procurement procedures;
  • type of sale that is presented in a single case. Such sales methods include selling goods at prices significantly lower than market prices for similar products. At the same time, the implementation time frame is significantly limited;
  • time limit of not carrying out the procedure due to the need to use the subject of procurement. The point is that the product or service is of particular importance for ensuring the normal (uninterrupted) operation of the enterprise to carry out government or strategic objectives, or important processes related to the life of society (social, medical care, etc.). Such activities cannot be made dependent on the procurement process and results;
  • purchase additional equipment, products, components or services can be carried out only from one supplier, as it relates to a product previously purchased from him. For example, modernization of equipment purchased several years ago or lines for the production of a certain type of product.

Examples of justification

The customer should pay special attention to drawing up a report justifying the procurement procedure from one supplier, and take into account all the nuances and features of the situation. The approximate contents of the document are given below, in several versions.

Rationale for visiting museums, art salons, and permanent exhibitions:

  • a unique collection of works of art, various historically valuable exhibits, the review of which will allow the audience to achieve the ultimate goal set by the training program;
  • competitive bidding is impractical due to the lack of savings in time and money, and the small purchase amount;
  • lack of competitors in this market segment, impossibility of purchasing similar services from another supplier;
  • lack of interest on the part of the contractor in reducing the cost of the subject of the contract. As a rule, museum institutions have approved price lists, the change of which is not possible within the framework of the contract;
  • market research for similar services showed that purchasing from this supplier represents the only favorable terms of purchase that combine the cost and quality of the item being purchased.

Justification for organizing and conducting professional development courses and qualifications in a limited time interval:

  • The decision made by the customer to apply the procurement procedure from one participant is based on the norms of paragraph 4 of part 1 of Article 93 of Law No. 44-FZ. Competitive bidding on the subject of procurement is not possible due to the duration time period their implementation, while the conclusion of a contract based on the results of the auction cannot be carried out until the start of training.

The rationale for purchasing from one contractor (supplier) due to the urgent purchase of goods or services is as follows:

  • In order to organize the uninterrupted operation of an enterprise performing state tasks (to meet municipal needs), an urgent need arose to purchase the subject of purchase (food, medicine), with the condition of holding tenders in a short time.

This procedure is regulated by clause 4 of part 1 of article 93 of Law No. 44-FZ. The purchased products fully comply with the required volume of purchases for billing period activities.

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How to justify the chosen method of identifying a supplier

Federal Law. Among all the cases, the following are most often used:

  1. Purchasing goods and services from organizations that are classified as natural monopolies and meet the standards of Article 147-FZ.
  2. Purchase material resources or work for an amount not exceeding 100 thousand rubles.
  3. Purchasing water supply services, electricity supply, heat supply and the like.
  4. Purchase material assets and services intended to eliminate the consequences of accidents and natural disasters.
  5. Acquisition printed publications in the event that the exclusive rights to the publication belong to only one company.
  6. Visiting cultural events, museums, zoos and so on.
  7. After the closed procedure for determining the supplier is declared unsuccessful.

Justification for the chosen method of determining the supplier according to 44-FZ

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Examples of justification for purchases under 44-FZ and why it is needed

Hello, dear colleague! In today's article we will look at this interesting topic, as a justification for procurement 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.
Contents: 1. What is a procurement rationale?2. Justification for the formation of a procurement plan3. Justification for the formation of the schedule4. Time frame for preparing the procurement justification5. Assessing the justification for procurement 1. What is justification for procurement? Procurement justification (PR) is a document that is an annex to the procurement plan and procurement schedule.
The purchase justification is carried out by the Customer at the planning stage.

Justification of purchases: justification rules, terms + sample forms

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Author: Olga Yudina July 27, 2017 The customer himself chooses which method to conduct public procurement. But at the same time he must provide a justification for the method of determining the supplier, electronic auction It will be this or another procedure - it doesn’t matter. Let's figure out how to do this correctly. Justification for choosing a purchase With the entry into force of the Procedure for Justification of Government Procurement (PP dated 06/05/2015 No. 555), two new mandatory forms appeared when filling out the procurement plan and schedule.


In the form accompanying the schedule, columns No. 8 and 9 are introduced, in which the customer includes, respectively, information about the method of determining the supplier (contractor, performer) and the reasons for this choice. Download The need to justify is provided for in Art. 18 of the Law on contract system(44-FZ).

How to justify the choice of method for determining the supplier?

  • Purchase of materials and equipment or services intended for liquidation of consequences man-made accidents, natural disasters in the event that there is a need for emergency medical care.
  • Purchase of cultural heritage objects.
  • Supply of goods or services that can be provided exclusively by organizations related to the penal system.
  • Acquisition of objects of literature or art by individual authors.
  • Supply of electronic or printed publications.
  • Concluding a contract with a company that provides services for organizing concerts or theatrical performances.
  • Apartment building management services.
  • Repair work and maintenance services for non-residential premises.
  • More full list Such situations can be found in Article 93 of Article 44-FZ.

Justification for choosing a supplier identification method

A list of goods, works, services of technical and (or) technological complexity, innovative, high-tech or specialized nature (approved by GD dated 04.02.2015 No. 99). Two-stage competition The organizer makes the decision to hold a two-stage competition while simultaneously meeting the conditions (they will also serve as justification):

  • the competition is organized to carry out research and design work, experiments and surveys, or innovative and high-tech products are supplied, or an energy service contract is concluded, or a work of literature or art will be created;
  • there is a need to conduct a discussion to clarify the characteristics of the procurement object.

Closed procedures Closed procedures are applied only in agreement with the federal executive body (Article 84 44-FZ).

How to write a report on the rationale for purchasing from a single supplier

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:

  1. Work related to mobilization preparation.
  2. Services that can be provided exclusively by executive authorities or organizations within their department.

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Can be done in case of:

  • carrying out procurement from the government List of goods, works, services for the provision of humanitarian assistance or liquidation of the consequences of emergency situations (approved by RP dated September 30, 2013 No. 1765-r);
  • carrying out purchases from the government List of goods, works, services, in the event of which the customer is obliged to hold an auction, subject to a limited amount (see clause 4);
  • NMCC does not exceed 500,000 rubles;
  • the total annual volume of purchases with quotations does not exceed 10% of the amount of funds for all purchases and does not exceed 100 million rubles per year.

Open competition In cases in which the customer determines the winner based on the criteria for the best terms of the contract, the order is justified as an open competition.