Communication services under which article 44 fz. On the conclusion of a contract with a single supplier (contractor, performer) for the provision of long-distance telephone services

Chapter 3 PROCUREMENT

Chapter 4 PROCUREMENT MONITORING AND AUDIT IN THE SPHERE OF PROCUREMENT

Chapter 5 PROCUREMENT CONTROL

Chapter 6 Appeal of the actions (inaction) of the customer, authorized body, authorized institution, specialized organization, procurement commission, its members, contract official, contract manager, electronic platform operator, operator of a specialized electronic platform (in the grade

Chapter 7 FEATURES OF THE IMPLEMENTATION OF CERTAIN TYPES OF PROCUREMENT

1. If the determination of the executor of the state contract for the provision of communication services for the needs of the country's defense, state security and law enforcement in accordance with this Federal Law is recognized as invalid, the federal executive body in charge of special-purpose communication networks intended for the needs national defense, state security and law enforcement, and who acts as a state customer, has the right to re-determine the supplier (contractor, performer) or apply to the Government Russian Federation with the idea of imposing on the telecom operator the obligation to provide communication services for the needs of the country's defense, state security and law enforcement.

2. Based on the submission specified in part 1 of this article and agreed with the federal executive authority in the field of communications, the obligation to provide communications services for the needs of the country's defense, security of the state and law enforcement is assigned by the decision of the Government of the Russian Federation to the communications operator identified in the said submission, which has a license to carry out activities in the field of rendering services communications and the technical feasibility of implementing the declared communications services. At the same time, a state contract for the provision of communication services for the needs of the country's defense, state security and law enforcement must be concluded with this communication operator on the terms stipulated by the tender documentation, auction documentation or notice of a request for quotations. The price of such a state contract should not exceed its initial (maximum) price specified in the notice of the open competition, an invitation to take part in a closed competition, a notice of electronic auction, an invitation to take part in a closed auction or a notice of a request for quotations.

3. Specified in part 2 of this article, the telecom operator is not entitled to refuse the obligation assigned to it to provide communication services for the needs of the country's defense, state security and law enforcement.

4. When determining the executor of a state contract for the provision of communication services for the needs of the country's defense, state security and law enforcement, the federal executive body in charge of special-purpose communication networks intended for the needs of the country's defense, state security and law enforcement, and which acts by a state customer, must determine the initial (maximum) price of a state contract for such services, the price of a state contract for such services in the event that the said body purchases from a single contractor in the manner prescribed by article 22 of this federal law.

Currently, the Ministry of Economic Development of Russia is working on the preparation of a draft federal law on amendments to Law N 44-FZ, eliminating the ambiguous interpretation of this norm. Please note that the clarifications of a public authority 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 Russia - the federal executive body of the current legislation of the Russian Federation, including the Regulation on the Ministry of Economic Development of the Russian Federation, approved by the Government of the Russian Federation of June 5, 2008 N 437, is not empowered to clarify the legislation of the Russian Federation.

How to justify the method of determining the provider of telephone communications according to 44-FZ?

The supporting document in this case is a copy of this contract.

If there are no analogues Russian production, and at the same time it complies with the requirements of the Russian Federation for such products, which are listed in Decree No. 719 of 07/17/2015 (installation of engines, electrical equipment systems, controls, availability service centers on the territory of the EAEU countries, etc.). The supporting document is an examination certificate issued by the Chamber of Commerce and Industry of the Russian Federation.
The country of origin is a member state of the EAEU.
The supporting document is a certificate of origin, which is issued authorized body member states of the EAEU.

Purchasing from a single supplier under 44-FZ: what to consider

Law N 44-FZ), are indicated in the notice of the purchase as an advantage. According to paragraph 4 of Article 42 of Law N 44-FZ, the notice of procurement must contain, unless otherwise provided by Law N 44-FZ, information on the restriction of participation in the determination of the supplier (contractor, performer), established in accordance with Law N 44-FZ .

Thus, in accordance with paragraph 4 of Article 42 of Law N 44-FZ, restrictions on participation in the determination of a supplier (contractor, performer) are treated as restrictions procurement participants, which can only be small businesses, socially oriented non-profit organizations, as well as conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, rendered by foreign persons.

On limiting participation in determining the supplier (contractor, performer)

Indeed, in accordance with the law, telecommunication services are rendered by organizations included in the register of subjects of natural monopolies. What is easier, choose an organization from this registry, publish a notice of purchase on the official website and conclude a contract no earlier than five days after that.

At the same time, in the vast majority of cases, the executing organization sends its standard contract subscriber service. It would seem that it is much easier for the parties to work this way - neither one nor the other needs to draw up correct wording, correctly and fully describe the characteristics and conditions for the provision of the service.
However, do not forget that a model contract is provided for any legal entities without taking into account the specifics of organizations, including state ones.

State Procurement Committee of the Murmansk Region

The vast majority of bodies and organizations, various institutions financed from the budget (regardless of the federal, regional or local level) carry out purchases both for their own needs and in order to fulfill their statutory tasks in accordance with Law No. contract system in the field of procurement of goods, works, services to meet state and municipal needs. Features and benefits All public sector purchases are divided into competitive and sole supplier(contractor, performer) (part 1 of Art.

Important

Federal Law No. 44-FZ). The first group of them is represented by tenders, auctions, requests for quotations and proposals, and the second - contracts with a specific organization/entrepreneur concluded without a rather lengthy and formalized procedure. It is precisely because of the speed and simplicity of the conclusion that customers prefer this method of procurement.

Purchase of cellular services under 44-FZ

Local and long distance services telephone communication can be purchased under clause 1, part 1, article 93 from Rostelecom, as from a monopolist. However, this is not true for all regions. To know for sure, you need to check in the register of subjects of natural monopolies whether your branch of Rostelecom is included in the register.

The register can be viewed at the following link http://www.fstrf.ru/about/activity/reestr/36 Local and long-distance communication services can also be purchased under paragraph 4 of part 1 of article 93, but this reduces the volume of purchases to 100 thousand which you will be able to conclude in the future until the end of 2015. At the same time, we draw your attention to the fact that you are not entitled to purchase international communication and Internet access services under this item, because.

these types of services do not belong to the services of natural monopolies.

What is prohibited in public procurement in 2018

Combining together the provisions of regulatory legal acts, it is easy to conclude that international telecommunication services do not fall within the scope of activities of natural monopoly entities and cannot be purchased by purchasing from a single supplier on the basis of clause 1, part 1, article 93 of FZ-44. Moreover, the average government agency does not need this kind of connection at all.

Thus, inattention when studying the provisions of a model contract can lead to a violation of the law. This violation is qualified as the choice of an improper method of conducting the procurement, which entails the risk of imposing penalties on the official in the amount of thirty or fifty thousand rubles.
ATTENTION! In order to minimize the likelihood of violations and save your time, use our software.
It is important to remember that an unreasonable decision to choose a procurement method in the form of concluding a contract without bidding is fraught with punishment: a fine of 30 to 50 thousand rubles. (parts 1, 2 of article 7.29 of the Code of Administrative Offenses of the Russian Federation) for a responsible official. When carried out At the moment, there are 48 grounds for simplified purchases: they are quite heterogeneous - from the usual purchase of goods / works / services (GWS), to the conclusion of a contract for the treatment of citizens outside the Russian Federation or purchases for counterintelligence / security purposes.

The following points are used most often in practice:

Acquisition of GWS from subjects of natural monopolies (clause 1, part 1, article 93), for example, public telephone communications or postal services.
Acquisition of any GWS required by customers in the amount of up to 100 (400) thousand rubles under one contract (clauses 4 and 5, part 1, article 93). The established maximum ceiling for these reasons: up to 2 million rubles.

These include:

Mechanical engineering - Decree No. 656 of 07/14/2014.
Light industry - Decree No. 791 of 08/11/2014.
Software - Decree No. 1236 of 11/16/2015.
Products of defense importance - Decree 9 of January 14, 2017.
Furniture products - Decree 1072 of 09/05/2017.

If the customer places orders that are covered by the above acts, then he must reject applications that offer foreign products for delivery. An exception is made only for the EAEU countries (Russia, Belarus, Armenia, Kyrgyzstan, Kazakhstan).
Usually they stop at those with whom they have already been contractual relationship.

Negotiation of contract terms, including essential conditions(under article 34 of Federal Law-44), and in some cases - the requirement to provide security, as in competitive bidding.
Signing and execution of the contract.

Additional stages can act in a number of cases, listed in part 2 of Art. 93 publication of a notice of a planned contract and a report on the impossibility of another method of procurement. How to justify Taking into account the principle of efficiency, transparency and targeted use of funds allocated from the budget, customers justify their purchases, including those under Art. 93.

Federal Law No. 44 was issued to regulate contractual relations in the field of public procurement of goods, works, services that are necessary to meet state and municipal needs.

Federal Law 44 for dummies regulates all legal contractual relations conducted on state level. The bill was adopted in the State Duma on March 22, 2013, after 5 days it was approved by the Federation Council. The effective date of the law is April 5, 2013.

(Vv. 1-15) Described general provisions of this law, i.e. in what area it is applied, basic concepts, principles of concluding contracts and beyond;
(Art. 16-23) This describes the rules for planning public procurement;
(Art. 24-96) Describes according to what rules public procurement is carried out and what characteristics the supplier (participant, performer or contractor) must have. Article 34 can be studied in detail here;
(Art. 97-98) Chapter 4 contains aspects of procurement monitoring and audit in the field of public procurement;
(Art. 99-104) it is one of the important components of the Federal Law 44 for dummies, the articles in this chapter regulate control in the field of public procurement;
(Art. 105-107) This part of the legislation contains information on dispute resolution;
(Art. 108-111) Each article of this chapter is devoted to the peculiarities of concluding and executing a contract when certain types public procurement;
(Art.-112-114) The last chapter contains the final information of Federal Law 44 for dummies.

The above heads of state authorities made changes on June 7, 2017. The legal force of Federal Law 44 for dummies came on June 18, 2017.

Basic moments

To participate in public procurement, you need to know the provisions of Federal Law 44 for dummies. Requirements and instructions on how to work with Federal Law 44 for beginners (dummies):

meet the criteria specified in the legislation of Russia, so that persons have the right to supply goods (services);
the supplier's company is not at the stage of bankruptcy or liquidation;
the activity of the supplier's company is not suspended at the legislative level, for example, according to the Code of Administrative Offenses of Russia;
the supplier organization has no debt obligations for taxes and fees;
a person acting as a potential supplier must not have a criminal record in the field of economic crimes;
according to 44 Federal Law for dummies, there is no conflict of interest when concluding a contract;
the supplier's company does not belong to offshore organizations.

Conditions for public procurement:

All transactions for the purchase of goods (services) are concluded through a specially designed website;
Customers indicate their data in the system (data are indicated in accordance with Federal Law 44 for dummies). Suppliers are required to be accredited on electronic trading floors;
All potential suppliers have the right to find orders suitable for them in the search engine on the public procurement website, then take part in the auction;
According to 44 FZ for dummies, when the customer chooses the most profitable option for himself, he concludes a contract with the supplier. On the basis of the contract, the parties fulfill their obligations.

The difference between Federal Law 44 and Federal Law 223

The procurement system in both laws is the same, but according to Federal Law 44 there is a restriction for dummies - public procurement is carried out only from one supplier.

Requirements for customers in both laws are different.

According to Federal Law 44 for teapots, the following can act as customers:

state budgetary institutions;
municipal.

According to Federal Law 223 for teapots, the following can act as customers:

enterprises where there is a state share of more than 50%;
organizations engaged in certain types of activities - water supply, energy, etc.;
monopoly organizations - gas, Russian Railways, etc.;
budgetary organizations that carry out public procurement at the expense of extrabudgetary funds (for example, at the expense of grants).

Procurement under 44 FZ: where to start?

It is difficult to start the procedure of participation in public procurement. All the most important things you need to know from the 44 Federal Laws on public procurement:

study Federal Law 44 for dummies;
prepare a package of documents confirming the rights of the organization to participate in the auction;
prepare a package of documents for a product (service) that meets the requirements of the customer;
develop a system of activities that are carried out before the conclusion of the contract;
appoint responsible persons for holding events.

To conclude a contract, it is necessary to take into account the terms established by Federal Law 44.

Download the text of the law

According to 44 FZ for dummies, public procurement is divided into:

contests;
auctions (electronic placement of orders);
quotes;
public procurement from a single supplier.

To become a supplier, you must study Federal Law 44 for dummies. You can download the Federal Law "On the contract system in the field of public procurement of goods, works, services to meet state and municipal needs" .

Is the customer entitled to conclude an agreement with PJSC MGTS in accordance with paragraph 1 of part 1 of Article 93 of the Federal Law No. 44 for the provision of communication services, if the subject of the agreement are local telephone services (with the exception of local communication services using payphones and collective access), services intrazonal communication, information and reference and service services. Services will be rendered in Moscow.

Answer

Oksana Balandina, chief editor of the State Order System

From July 1, 2018 to January 1, 2019 for customers transition period– both electronic and paper procedures are allowed. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make at the ETP, how to choose a site and get electronic signature, according to what rules to conclude contracts during the transition period and after.

The provision of local and long-distance telephone services can be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ. In turn, the purchase for the provision of international telephone services cannot be carried out on the basis of the paragraph under consideration.

In accordance with paragraph 1 of part 1 of 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 - Law No. 44-FZ) purchase from a single supplier (contractor, performer) may be carried out by the customer, including in the case of the procurement of goods, works or services that fall within the scope of activities of subjects of natural monopolies in accordance with Federal Law No. 147-FZ of August 17, 1995 "On Natural Monopolies" (hereinafter - Law No. 147-FZ), as well as services of the central depository.

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According to Art. 3 of Law No. 147-FZ, a natural monopoly is a state of a commodity market in which the satisfaction of demand in this market is more efficient in the absence of competition due to technological features production (due to a significant decrease in production costs per unit of goods as the volume of production increases), and goods produced by subjects of natural monopoly cannot be replaced in consumption by other goods, and therefore, the demand for this commodity market for goods produced by subjects of natural monopolies, to a lesser extent depends on changes in the price of this product than the demand for other types of goods; subject of natural monopoly - an economic entity engaged in the production (sale) of goods in a natural monopoly.

So, according to part 1 of Art. 4 of Law No. 147-FZ establishes that Law No. 147-FZ regulates the activities of subjects of natural monopolies, including in the field of public telecommunication services and public postal services.

Therefore, communication services can be classified as public telecommunications services and public postal services.

In turn, according to the List of public telecommunication and public postal services, state regulation tariffs for which in the domestic market of the Russian Federation federal Service according to tariffs approved by resolution Government of the Russian Federation dated October 24, 2005 No. 637, such services include, among others:

provision of a long-distance telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, facsimile messages and data.
providing access to the local telephone network, regardless of the type of subscriber line (wire line or radio line) of the fixed telephone network.
providing a local telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, facsimile messages and data (except payphones).
provision to the subscriber for permanent use of a subscriber line, regardless of its type.
provision of an intrazonal telephone connection to a subscriber (user) of a fixed telephone network for the transmission of voice information, facsimile messages and data.

Therefore, since the services of local telephone communication and long-distance communication are included in the list of public telecommunication services, the customer has the right to purchase such services on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

In turn, because the above list does not provide for an international telephone service, then the purchase of these services cannot be carried out by the customer on the basis of clause 1, part 1, art. 93 of Law No. 44-FZ.

Services of local telephone communication, long-distance communication, provision of intrazonal telephone connection to a subscriber of a fixed telephone network are included in the list of public telecommunication services. In turn, public telecommunication services are regulated by Law No. 147-FZ "On Natural Monopolies". Therefore, the customer has the right to purchase such services on the basis of paragraph 1 of part 1 of Art. 93 of Law No. 44-FZ.

15% of all purchases are made by state customers from non-profit socially oriented organizations.

What regulates 44-FZ?

Planning, monitoring and audit of purchases.
Selection of suppliers.
Conclusion of contracts and their execution.
Procurement control.

What does not regulate 44-FZ?

Procurement of services from international financial institutions.
Procurement of services for state protection of judges, officials, court participants and other people.
Purchases of precious metals and precious stones to replenish the State Fund.
Procurement related to the support of facilities and information systems of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
Procurement free help lawyer or defense in court.
Procurement of election commissions for holding elections and referendums.
Purchase participation fee.

Who adopts legal acts under 44-FZ?

President of Russian Federation;
Government of the Russian Federation;
Federal executive authorities;
"Rosatom";
Roskosmos;
State authorities of the constituent entities of the Russian Federation and local governments.

44-FZ is based on the provisions of the Constitution, Civil and Budget Codes of the Russian Federation

Principles of the contract system

Important definitions

State customer is an organization that needs goods and services and pays for the purchase. For example, hospitals, schools, universities, scientific institutes,

Provider- legal or individual, including an individual entrepreneur who participates in the procurement and supplies goods and services.

Zakupki.gov.ru- the website of the unified information system (UIS), where customers publish purchases and reports. The UIS has registers of all concluded contracts, unscrupulous suppliers, complaints about customers and other important information.

Initial contract price (NMC)- the cost of delivery of goods, which is set by the customer. NMC must be justified. Suppliers cannot offer a price higher than NMC.

Electronic marketplace- a site where customers place purchases, suppliers submit applications for participation in purchases, and electronic auctions are held.

Specialized electronic platform - a site with access via secure communication channels, on which closed purchases are carried out.

Application for participation are documents and information that the supplier submits in writing or electronic form to participate in the purchase.

Unified Information System (UIS)

Now contains

Information about purchases, the possibility of their search,
contract templates,
rationing rules,
Information about market prices for goods,
Procurement plans, schedules,
Reporting on executed contracts,
Register of unscrupulous suppliers.

Coming in 2018-2019

Unified registration and register of procurement participants,
Control over the correspondence of information to reality,
Publication of purchases according to RF PP No. 615 (overhaul),
A complete unified catalog of goods, works and services,
The system for fixing the actions of procurement participants in the EIS and at 8 federal ETPs.

Access to information on the EIS is free. If information about the same purchase, customer, contract, etc. on the EIS and in another source is different, then the priority is on the information on the EIS.

Organization of EDI

Suppliers can apply for participation in procurement on electronic trading platforms. In cases determined by the government, electronic document management may also pass through the EIS. All documents are signed electronically:

Customers receive an electronic signature free of charge at the federal treasury. They work with her in the EIS and at the ETP.
Suppliers need a signature to participate in e-procurement. Since July 1, 2018, the public procurement system has been using qualified signatures. Suppliers can obtain a signature from an accredited certification authority.

National Treatment

National treatment introduced to give advantages to suppliers Russian goods and goods from other member countries of the Eurasian Economic Community. More about him we.

Procurement methods

Depending on the source of income, government customers can make purchases under both 44-FZ and 223-FZ. According to 44-FZ, if the organization spends budget money. According to 223-FZ, if she spends her own and she has a provision on purchases.

Planning

Procurement plans	Schedules
This is the basis for the schedules.	You cannot make a purchase that is not included in the schedule.
Identification code, Target, Object / objects, Volume financial support, Implementation timeline, Rationale, Information about technological complexity, which limits supplier selection, Whether public discussion of the purchase is necessary. It is required if the purchase is more than 1 billion rubles.	In the description of each purchase there is: Name, number, requirements for goods and participants, purchase method, NMC of each contract, Additional requirements to the procurement participants, if any, The amount of security for the application and performance of the contract, Month and year of the purchase announcement, Information about the banking support of the contract, Application of procurement evaluation criteria, etc.
Formed for 3 years. This is the duration of the federal budget law.	Formed for the financial year.
Plans can be changed. They come into force within 10 working days after the approval of the budget. Published in the EIS, on their websites and in any printed publications within 3 working days after approval, unless they are a state secret.	It can be changed no later than 10 days before the publication of the procurement in the EIS or before sending invitations to participants in a closed procurement. From July 1, 2018, it will be possible to announce a purchase 1 day after the change in the schedule, except for these cases: if changes are made after the purchase has not taken place, the purchase is planned to be carried out from a single supplier, planning a request for quotations to eliminate emergencies. They come into force within 10 working days after the approval of the budget. Published in the EIS within 3 working days after approval, if they do not constitute state secrets.
In the plan, you need to justify the object of each purchase in accordance with the standard costs.	The schedule needs to justify: supplier definition. More customers take into account purchase quotas different ways and the need to make 15% of all purchases from small businesses and socially oriented organizations.

When checking or following a complaint from a supplier, the FAS may recognize the purchase as unreasonable. Then it is corrected or cancelled. The perpetrators are brought to administrative responsibility.

All public procurements are standardized. The quantity, price, characteristics of goods and services are established by federal and local legislation of the Russian Federation.