Article 93 p 29 placement of notice. Purchase of electricity: step by step instructions

Oksana Balandina, chief editor of the State Order System

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

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

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

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

In particular, paragraph 5 of part 1 of Art. 93 of Law No. 44-FZ allows the purchase of goods, work or services for an amount not exceeding 400 thousand rubles. At the same time, such purchases are entitled to be carried out by state or municipal educational organizations, as well as state or municipal cultural institutions, the statutory goals of which are the preservation, use and promotion of cultural heritage objects and other specific cultural institutions and the annual volume of purchases that the customer is entitled to make on the basis of this item, should not exceed 50 percent of the total annual volume of purchases of the customer and should not exceed 20 million rubles.

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

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

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

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

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

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

Further, after the conclusion of the contract, the customer was obliged to send information to the register of contracts and also send information to the register of contracts after the execution of the contract.

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

We also draw your attention to the fact that in paragraph 5 of part 1 of Art. 93 of Law No. 44-FZ expressly refers to the customer's right to make purchases on the basis of paragraph 5 of part 1 of Art. 93 exclusively within the framework of a specific SDO. At the same time, according to part 1 of Art. 103 of Law No. 44-FZ, the register of contracts does not include information on contracts concluded in accordance with paragraphs 4, 5 and 23 of part 1 of Art. 93 of Law No. 44-FZ.

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

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

According to paragraph 8 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), the customer can make purchases for the provision of water supply services, water disposal, heat supply, gas supply (with the exception of services for the sale of liquefied gas), connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, storage and import (export) of narcotic drugs and psychotropic substances from a single supplier.

According to paragraph 29 of part 1 of Art. 93 of Law No. 44-FZ, the customer can conclude an energy supply agreement or an agreement for the purchase and sale of electrical energy with a single supplier.

At the same time, according to paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ, the customer has the right to purchase goods, work or services from a single supplier, if the amount of such a purchase does not exceed one hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles.

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

In turn, we do not recommend abusing the use of paragraph 4 of part 1 of Art. 93 of Law No. 44-FZ when purchasing utilities, in order to avoid the risk of being held administratively liable under paragraph 1 of Art. 7.29 of the Code of Administrative Offenses of the Russian Federation, since Article 93 of Law No. 44-FZ provides for such purchases in paragraphs 8, 29.

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

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

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

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

1) attraction of funds in contributions (deposits);

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

3) services for maintaining the register of holders of securities;

4) trust management of securities;

5) non-state pension provision.

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

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

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

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

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

In accordance with Article 2 of the Federal Law of July 17, 1999 No. 176-FZ "On Postal Communication" (hereinafter - Law No. 176-FZ), postal money transfer is a service of federal postal organizations for receiving, processing, transporting (transferring) , delivery (delivery) of funds using postal and electrical communication networks.

At the same time, according to Article 16 of Law No. 176-FZ, postal services are provided by postal operators on a contractual basis. Under the contract for the provision of postal services, the postal operator undertakes, on the instructions of the sender, to forward the mailing entrusted to him or to make a postal transfer of funds to the address indicated by the sender and deliver (hand over) them to the addressee. The user of postal services is obliged to pay for the services rendered to him.

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

In addition, in accordance with paragraph 4 of part 1 of Article 93 of Law No. 44-FZ, when purchasing goods, work or services for an amount not exceeding one hundred thousand rubles, such a purchase can be made from a single supplier. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles.

At the same time, according to clause 5 of part 1 of article 93 of Law No. 44-FZ, purchases from a single supplier can also be carried out by a state or municipal cultural institution whose statutory goals are the preservation, use and promotion of cultural heritage objects, as well as by another state or municipal institution ( zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theatre, concert institution, TV and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, library, archive) , a state or municipal educational organization for an amount not exceeding four hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this paragraph shall not exceed fifty percent of the total annual volume of purchases of the customer and shall not exceed twenty million rubles.

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

At the same time, we inform you that the clarifications of the state 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 is a federal executive body, the current legislation of the Russian Federation, including the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, is not empowered to clarify the legislation of the Russian Federation.

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

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

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

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

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

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

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

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

So, in accordance with clause 4 of part 1 of article 93 of Law No. 44-FZ, procurement from a single supplier (contractor, performer) can be carried out by the customer in the event of a purchase of goods, work or services for an amount not exceeding one hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles.

According to clause 5 of part 1 of article 93 of Law No. 44-FZ, procurement from a single supplier (contractor, performer) can be carried out by the customer in the event of the purchase of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and promotion of objects cultural heritage, as well as other state or municipal institutions (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park, landscape park, theater, institution carrying out concert activities, television and radio broadcasting institution, circus, museum, house culture, a palace of culture, a club, a library, an archive), a state or municipal educational organization for an amount not exceeding four hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this paragraph shall not exceed fifty percent of the total annual volume of purchases of the customer and shall not exceed twenty million rubles.

Thus, the sole supplier can be determined by the customer, subject to the restrictions established by the relevant paragraphs of part 1 of article 93 of Law No. 44-FZ.

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

Please note that the clarifications of the state 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 is a federal executive body, the current legislation of the Russian Federation, including the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, is not empowered to clarify the legislation of the Russian Federation.

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

Yes, the customer can conclude a contract for electricity on the basis of paragraph 5 of part 1 of Art. 93 of Law No. 44-FZ, because it is not prohibited. The main thing is that the restriction on the contract price and the annual volume of purchases for this item is observed.

When concluding a contract, it is advisable in the preamble to directly indicate the grounds for paragraph 5 of part 1 of Art. 93 of Law No. 44-FZ. At the same time, customers have no obligation to indicate in the preamble to the contract a reference to the clauses of Article 93 of the Law 44-FZ (clause 5, part 1, article 93), but we recommend doing this in certain cases of procurement from a single supplier, because this will help justify the customer's actions to not include information about the contract in the register of contracts and will help to correctly keep records of purchases under the state defense order up to 400 thousand rubles.

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Customer Assistant- an online service that helps to automate the workflow for procurement planning. You will quickly and correctly plan purchases, check the plan for errors, create an electronic and printed form of the procurement report from the supplier and upload the finished documents to the EIS.

Absolutely all customers face the purchase of electricity. Under the contract system, there is a special basis for such purchases. However, when concluding contracts, it is necessary to take into account not only the norms of the law 44-FZ, but from the legislation on the electric power industry.

On the difference between types of agreements

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

It is necessary to distinguish between an energy supply agreement and an electricity purchase and sale agreement with delivery. Why is it important? Depending on which contract is concluded, the basis for purchasing from a single supplier will be different. And for an incorrectly chosen basis, a penalty may be imposed under Part 1 of Article 7.29 of the Code of Administrative Offenses. In this case, the official of the customer is threatened with fine in the amount of 50,000 rubles.

Energy supply contract implies not only the purchase by the customer of electricity, but also imposes on the seller the obligation to transfer it. The transmission is guaranteed up to the customer's electrical receivers. This follows from paragraph 28 of the Basic Provisions for the Functioning of Various Electricity Markets, approved by Decree of the Government of the Russian Federation No. 442 dated May 4, 2012 (hereinafter referred to as the Basic Provisions).

Registration in ERUZ EIS
From January 1, 2019 to participate in trading under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

Electricity sale agreement involves only the acquisition of the energy itself, without the services of its transmission. Such services are purchased separately in accordance with paragraph 1 of part 1 of Article 93, that is, on a basis other than paragraph 29. In accordance with paragraph 1, services are purchased from natural monopolies. It is to these that the transmission of electricity belongs in accordance with Part 1 of Article 4 of Law 147-FZ “On Natural Monopolies”.

About the contract price

Law 44-FZ requires that the contract prescribe fixed price object of procurement, which cannot be changed during the period of its execution. In certain cases determined by the Government, the procurement documentation may indicate approximate value of the price or give the formula for its calculation of the price maximum.

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

The Ministry of Economic Development, in letters dated February 21, 2017 No. D28i-846, dated April 6, 2017 No. OG-D28-4031, dated July 15, 2015 No. D28i-2159, confirms that the price of the electricity contract must be fixed and is determined for the entire period of their execution. Accordingly, it falls on the shoulders of customers - they require suppliers to include such conditions in the contract.

What does the jurisprudence say?

The Supreme Court of Russia believes that, in accordance with the legislation on the electric power industry, the price is not an essential condition of the energy supply contract. The specifics of the sphere is such that the unit price is calculated after the billing period. Hence, the firm value of the contract at the time of its conclusion cannot be determined.

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

About the possibility to change the amount of electricity and the price of the contract

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

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

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

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

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

About the need for timely payment

In general, for late payment, the supplier has the right to demand from the customer a penalty in the amount of 1/300 key rate Bank of Russia for each day of delay. But in part 2 of article 37 of the law "On Electricity" it is said that penalties are charged on the basis of 1/130 refinancing rate I. As mentioned above, the norms of the profile law are recognized by the courts as “stronger” than 44-FZ, so they should be applied.

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

In order to properly purchase electricity from a single supplier according to 44-FZ, you need to study:

Law on the contract system No. 44 of 05.04.2013;
Federal Law 35 "On Electricity" dated March 26, 2003;
Federal Law No. 147 "On Natural Monopolies" dated August 17, 1995;
Decree of the Government of the Russian Federation of 04.05.2012 No. 442.

They regulate the process of purchasing electricity.

It is impossible to purchase services for technological connection to power grids under paragraph 8 of part 1 of Art. 93 of Law No. 44-FZ. Such conclusions were made by the FAS in Letter No. АЦ/4119/15 dated 02/03/2015 and the Ministry of Economic Development in Letter No. Д28i-2130 dated 08.10.2014.

There are two types of suppliers supplying electricity:

guaranteeing;
energy saving organization.

The tasks of the guaranteeer are to purchase electricity and capacity in the wholesale and retail markets, conclude an agreement for its transmission with the grid company, maintain settlement relations with the consumer of electricity.

Based on Art. 3 35-FZ, a supplier of last resort is a commercial legal entity that is obliged to conclude sales contracts with any consumer who applied to the organization in order to receive energy supply services.

The energy-saving organization sells, and also transfers the produced or purchased energy resource to other persons. Services for the sale of electricity are the main activity of the EO.

The list of guaranteeing electricity suppliers and areas of their activity is published on the FAS website.

Download the register of guaranteeing suppliers

How to identify a supplier

Since almost all consumers have been cooperating with one guaranteeing supplier for many years, it is not advisable to purchase electricity by competitive methods - the procedure takes a long time and can be declared invalid due to the lack of an appropriate number of applications (it is not profitable for many to participate in the auction).

Therefore, the best option for concluding a contract for the supply of electrical energy would be to sign a contract with a single contractor, in accordance with.

If the customer concludes with a supplier of last resort an energy supply contract or a contract for the purchase and sale of electrical energy, then it is provided for by the legislative right to conclude a contract based on the results of the purchase of electricity from a single supplier, clause 29 of Art. 93 44-FZ prescribes to do this in accordance with the procurement schedule. The amount should not exceed those established for the institution (part 2 of article 72 of the RF BC).

Contact supplier

To conclude a contract, determine which supplier of last resort the institution belongs to. Contact him with an application. Copies may need to be provided:

charter (regulations on the establishment);
documents on state registration (for example, extracts from the Unified State Register of Legal Entities);
agreements (orders) for the use of premises or extracts from the USRN;
a power of attorney or an order appointing a person who will sign the state contract;
documents for electricity meters.

It is not required to place a notice in the EIS, it is enough just to sign a contract. Within 5 working days days after the conclusion, publish the information in the EIS registry.

If non-residential premises have been transferred for gratuitous use or operational management and users of other premises in the same building already receive electricity from some supplier, then you can conclude a contract with him under paragraph 23 of part 1 of Art. 93 44-FZ. There is no need to publish a notice in the EIS. It is necessary to prepare and place a report on the impossibility and inappropriateness of other ways to determine the supplier and conclude a contract. Within 5 working days days after the conclusion of the contract, information about it must be placed in the register in the EIS.

When purchasing services for the transmission of electrical energy, the customer must be guided by the provisions of paragraph 1 of part 1 of Art. 93, since this type of service belongs to the scope of functioning.

List of subjects of natural monopolies as of 04/01/2019

Make a rationale

In the purchase of electricity under 44-FZ from a single supplier, the main thing that the customer must do is to draw up a competent justification for concluding such a contract. The supporting document must include:

the purpose of the purchase;
the need for a procedure;
detailed description of the service;
essential terms of the contract;
advantages of the contractor chosen by the customer;
the reasons why it is impossible to purchase the service by competitive means;
standards from the current legislation;
the final conclusion about the need to conclude a contract with a certain contractor.

When concluding an energy supply contract with a supplier of last resort, the customer does not need to justify the expediency of the order in a non-competitive way.

How to calculate the initial maximum contract price

The calculation of the NMTsK is made in accordance with. The Central Committee for electricity is determined in accordance with paragraphs 3, 4 of Art. 23.1 35-FZ - based on state-regulated tariffs. Prices must be set within the limits of budgetary obligations allocated to the customer.

Electricity tariffs are constantly differentiated. The calculated price of the customer is affected by the voltage level, the selected price category, as well as the maximum possible power for a particular consumer.

The customer organization can view the current tariffs on the official website of its guaranteeing supplier in the information section for legal entities in the subsections:

marginal level of prices for electric energy and capacity;
calculation of prices for electricity.

What is the procedure for publishing a notice

If in doubt whether a notice is needed, paragraph 29 of part 1 of Art. 93 44-FZ requires electricity to be supplied without this document.

But notices are published in the Unified Information System if the purchase of energy supply services is carried out under paragraph 1 of part 1 of Art. 93 44-FZ, that is, when ordering from natural monopolies and the central depository. When purchasing from a single supplier under clause 1, part 1, art. 93, the customer organization places a notice on the implementation of the order in the EIS no later than 5 days before the conclusion of the contract.

If the energy supply contract contains information containing state secrets, then the notice is not published. That is, when concluding an agreement for the supply of electricity, clause 29, part 1, art. 93 44-FZ, paragraph 4, part 1, art. 93 44-FZ, as well as paragraph 23 of part 1 of Art. 93 44-FZ notice is not required to be posted.

Supply contract example

How the contract is concluded and payments are made

The result of the purchase of electricity under 44-FZ, clause 29, Art. 93 establishes the conclusion of a contract for the supply of electricity.

But if the price of the contract does not exceed 100,000 rubles, then the customer organization has the right to conclude a contract for the supply of energy supply or the sale and purchase of electrical energy according to the general rule. Or according to paragraph 5 of part 1 of Art. 93 with a Central Committee not exceeding 400,000 rubles, observing the restrictions established by these paragraphs (Letter of the Ministry of Finance of Russia dated 06/21/2017 No. 24-05-07 / 38889).

An essential condition of the contract is the fact that the supplier of last resort transfers, and the customer, who is a consumer of electricity, accepts and then obligatorily pays for electricity in the amount and at the prices established by the terms of the contract.

An energy supply agreement is a subtype of sales and purchase contracts, therefore, in the contractual terms, there is an obligation for an uninterrupted supply of electricity from the contractor and about timely payment from the customer-consumer (Article 539 of the Civil Code of the Russian Federation).

Each contract must stipulate forfeits, penalties and fines imposed on the customer in case of improper performance of his obligations (part 5 of article 34 of 44-FZ). But in accordance with Part 15 of Art. 34 44-FZ, the customer organization has the right not to establish the requirements of Part 5 of Art. 34, since contracts with a single supplier under paragraphs 1 and 29 of Art. 93 can be drawn up and signed by the parties in any format provided for by the Civil Code of the Russian Federation for concluding transactions.

According to the norms of the Federal Law on the electric power industry, the penalties established by the terms of such contracts are 1/130 of the amount not paid to the contractor in the due period, for each day of delay. To calculate the amount of the fine, the rate effective on the date of actual payment is used.

Contracts for the supply of energy supply services must also include a clause on

Each customer is a consumer of electrical energy. Law No. 44-FZ provides for special grounds for concluding contracts for energy supply, purchase and sale of electricity, as well as services for its transmission. However, the conclusion and execution of such contracts is regulated not only by the legislation on the contract system, but also by special legislation on the electric power industry. In the article we will tell you how customers can take this into account in their work.

What paragraph of Part 1 of Art. 93 of Law No. 44-FZ to use to conclude an agreement?

The obvious answer is paragraph 29 “conclusion of an energy supply agreement or an agreement for the purchase and sale of electric energy with a guaranteeing supplier of electric energy”. But in order to use this item correctly, you need to know the difference between an energy supply agreement and an electricity purchase and sale agreement.

Under the power supply contract, the supplier of last resort not only sells electricity, but also provides it transfer to the electrical receiving devices of the customer (P. 28 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation of 04.05.2012 No. 442). And under the contract for the sale of electricity, the customer purchases only electricity, services of an electric grid organization for transfer electricity in this case are purchased separately. The basis for such a purchase will no longer be paragraph 29, but paragraph 1 of part 1 of Art. 93 of Law No. 44-FZ.

The first paragraph of Part 1 of Art. 93 is used for the purchase of services related to the scope of activities of natural monopolies. Services for the transmission of electrical energy are among those by virtue of Part 1 of Art. 4 of the Federal Law of August 17, 1995 No. 147-FZ "On Natural Monopolies".

The wrong choice of the basis for the purchase threatens the official of the customer with administrative responsibility under Part 1 of Art. 7.29 of the Code of Administrative Offenses of the Russian Federation (fine 50 thousand rubles).

Do I need to include a fixed price clause in the contract?

When concluding a contract, it is indicated that the price of the contract is fixed and is determined for the entire period of its execution (part 2 of article 34 of Law No. 44-FZ). The approximate value of the contract price or the price formula and the maximum value of the contract price can be determined by the customer in the procurement documentation only in cases established by the Government of the Russian Federation. The purchase of electricity is a purchase from a single supplier; in this case, purchase documentation is not compiled. Therefore, the Government of the Russian Federation does not include electricity in the list of cases in which, when concluding a contract, the procurement documentation specifies the price formula and the maximum value of the contract price (Decree of the Government of the Russian Federation of 13.01.2014 No. 19).

It turns out that customers should force guaranteeing electricity suppliers to include conditions on a fixed contract price in contracts (See letters of the Ministry of Economic Development of Russia dated February 21, 2017 No. D28i-846, dated April 6, 2017 No. OG-D28-4031, dated July 15, 2015 No. D28i -2159). To this end, customers draw up protocols of disagreements to contracts received from guaranteeing suppliers.

However, the courts point out that this is not necessary.

Example
When concluding an energy supply contract, the customer insisted on establishing a specific volume of energy resources and a fixed (fixed) contract price for the entire period of its execution. Disagreeing with this, the supplier of last resort offered a version of the contract indicating the approximate volume of electricity and the preliminary price of the contract.
Legal assessment of the Supreme Court of the Russian Federation: it follows from the provisions of the legislation on the electric power industry that the price is not an essential condition of the energy supply contract. At the same time, the final price of a unit of electricity per month is set after the end of the billing period within the limits of unregulated price levels. Thus, it is not possible to determine the fixed cost of electric energy at the time of the conclusion of the contract. Consequently, it is also impossible to establish a firm price for the contract.
The norms of the Law on the electric power industry are special in relation to the Law No. 44-FZ. In this regard, the terms of the energy supply contract on the quantity of goods and its price, as well as on the price of the contract are determined on the basis of the norms of legislation in the field of electric power industry (Determination of the Supreme Court of the Russian Federation of 12.05.2017 No. 304-ES17-4309 in case No. A70-4027 / 2016 ).

Is it possible to establish in the contract the possibility of changing the amount of electricity with a proportional change in the price of the contract?

Recipients of budgetary funds (public authorities, state institutions, etc.) reflect the approximate volume of energy consumption in the appendix to the contract with the last resort supplier (“budget financing agreement”), which indicates the “natural” (kWh) and “ monetary” (thousand rubles) limits. Such limits are formed by the main manager of budgetary funds, taking into account data on electricity consumption in previous years.

Of course, the actual consumption of electricity never coincides with the "natural" and "cash" limits. In order to somehow solve this problem within the framework of Law No. 44-FZ, customers insist on the inclusion in the contract with the guaranteeing supplier of a condition that goes back to sub. "b" p. 1 h. 1 art. 95 of Law No. 44-FZ (“at the suggestion of the customer, the quantity of goods provided for by the contract can be increased by no more than 10%, with a proportional change in the price of the contract”).

But we have already figured out earlier that the amount of electricity and its price, in principle, cannot be fixed. And if so, then the condition of increasing the quantity of goods within 10% of the initial volume does not make sense.

Example
The customer insisted on the inclusion in the power supply contract of a condition on the possibility of applying subpara. "b" p. 1 h. 1 art. 95 of Law No. 44-FZ. The supplier of last resort refused to do this, referring to the discrepancy between the disputed condition and the Basic Provisions for the Functioning of Retail Electricity Markets (Decree of the Government of the Russian Federation of May 4, 2012 No. 442), as well as the very nature of relations in the field of energy supply.
Legal assessment of the court: the parties to the agreement agreed only on the approximate annual volume of electricity consumption. In the field of energy supply, the subscriber has the right to an arbitrary (unilateral) reduction / increase in the amount of the resource received and paid for by him. For this, the legislation in the field of electricity supply does not require the conclusion of an additional agreement. The subscriber cannot know exactly how much electricity he will need in a certain billing period. Power consumption depends on the activities of the subscriber and may change under the influence of any circumstances. Under the power supply agreement, the subscriber has the right to consume energy in any amount he needs, subject to payment for actual consumption. The supplier of last resort, in turn, cannot force the subscriber to select exactly the amount of resource from the connected network that is tentatively agreed in the power supply contract, and in the absence of legal grounds cannot limit the subscriber in consuming the amount of electricity he needs.
Thus, there are no reasonable and legal grounds for including a disputed clause in the contract (Resolution of the Federal Antimonopoly Service of the North-Western District of June 15, 2016 in case No. A42-3555 / 2015).

What is the customer's liability for late payment of electricity?

If the customer has delayed the performance of his obligations under the contract, the supplier has the right to demand payment of a penalty. According to part 5 of Art. 34 of Law No. 44-FZ, the amount of the penalty is set by the contract in the amount of 1/300 of the key rate of the Bank of Russia effective on the date of payment of the penalty on the amount not paid on time.

However, Part 2 of Art. 37 of the Electric Power Industry Law establishes otherwise. Namely, a consumer of electric energy who has not paid for electric energy on time and / or not in full is obliged to pay a penalty in the amount of 1/130 of the refinancing rate of the Bank of Russia from the amount not paid on time to the guaranteeing supplier.

As in the case of the "fixed contract price", the courts give priority to the legislation on the electric power industry, and not to Law No. 44-FZ.

Example
The customer violated the deadline for payment for the consumed electricity. The guaranteeing supplier calculated the penalty based on 1/130 of the refinancing rate of the Bank of Russia. The customer did not agree with this: in his opinion, the penalty should be calculated on the basis of 1/300 of the refinancing rate, as prescribed by Part 5 of Art. 34 of Law No. 44-FZ.
Legal assessment of the Supreme Court of the Russian Federation: the provisions of the Law on the electric power industry are of a special nature in relation to Law No. 44-FZ. The latter establishes only general features of the participation of customers in civil law relations and does not take into account the specifics of relations in the field of energy supply, incl. specific features of the execution of contracts in this area. In this regard, when calculating the penalty, one should proceed from 1/130 of the refinancing rate of the Bank of Russia (Determination of the Supreme Court of the Russian Federation of May 18, 2017 No. 303-ES16-19977 in case No. A37-499 / 2016).

Thus, contracts with last resort suppliers and energy sales organizations must be concluded and executed subject to the provisions of the legislation on the electric power industry. The formal requirements of Law No. 44-FZ in this case recede into the background.

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

1) procurement of goods, work or services that fall within the scope of activities of subjects of natural monopolies in accordance with the Federal Law of August 17, 1995 N 147-FZ "On Natural Monopolies", as well as services of the central depository;
2) procurement for state needs from a single supplier (contractor, executor) determined by a decree or order of the President of the Russian Federation, or in cases established by instructions of the President of the Russian Federation, from a supplier (contractor, executor) determined by a decree or order of the Government of the Russian Federation. Such legal acts specify the subject of the contract, the deadline for which the contract is concluded, the obligation of the sole supplier (contractor, performer) to fulfill its obligations under the contract personally or the ability to involve subcontractors, co-executors in the performance of the contract and the requirement for the scope of performance by the sole supplier (contractor, performer). ) his obligations under the contract personally, and the obligation of the customer to establish a requirement for securing the performance of the contract can also be determined. The procedure for preparing drafts of such legal acts and instructions and the list of documents attached to the preparation of these drafts, including the justification of the contract price, provided for in Article 22 of this Federal Law, are determined by a legal act of the President of the Russian Federation;
3) performance of work on mobilization preparation in the Russian Federation;
4) procurement of goods, work or services for an amount not exceeding one hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this clause must not exceed two million rubles or must not exceed five percent of the total annual volume of purchases of the customer and should not exceed fifty million rubles. The specified restrictions on the annual volume of purchases, which the customer is entitled to make on the basis of this clause, do not apply to purchases made by customers to meet the municipal needs of rural settlements. Customers operating in the territory of a foreign state, when making purchases in accordance with this clause, are not subject to restrictions regarding the establishment of a contract price not exceeding one hundred thousand rubles. With regard to the federal executive body that makes purchases to meet the federal needs of state bodies formed to ensure the activities of the President of the Russian Federation, the Government of the Russian Federation, the calculation of the indicated restrictions on the annual volume of purchases that the customer has the right to make on the basis of this clause is made separately for such a federal body the executive branch and each such public authority;
5) procurement of goods, work or services by a state or municipal cultural institution, the statutory goals of which are the preservation, use and promotion of cultural heritage objects, as well as by another state or municipal institution (zoo, planetarium, park of culture and recreation, nature reserve, botanical garden , a national park, a natural park, a landscape park, a theater, an institution carrying out concert activities, a television and radio broadcasting institution, a circus, a museum, a cultural center, a cultural center, a club, a library, an archive), a state or municipal educational organization, a state or municipal scientific organization, an organization for orphans and children left without parental care, in which orphans and children left without parental care are placed under the supervision of a sports organization for an amount not exceeding four hundred thousand rubles. At the same time, the annual volume of purchases that the customer is entitled to make on the basis of this paragraph shall not exceed fifty percent of the total annual volume of purchases of the customer and shall not exceed twenty million rubles;
6) the procurement of work or services, the performance or provision of which can be carried out only by an executive authority in accordance with its powers or by a state institution subordinate to it, a state unitary enterprise, the corresponding powers of which are established by federal laws, regulatory legal acts of the President of the Russian Federation or regulatory legal acts of the Government Russian Federation, legislative acts of the relevant subject of the Russian Federation;
7) conclusion of a contract for the supply of Russian weapons and military equipment, which have no Russian counterparts and are produced by a single manufacturer, with a supplier of such weapons and military equipment included in the register of sole suppliers of such weapons and military equipment. The procedure for maintaining the register of sole suppliers of such weapons and military equipment, the procedure for setting their prices are established by the Government of the Russian Federation. The state contract for the supply of such weapons and military equipment is concluded at a price determined in accordance with the specified procedure for its formation;
8) provision of services for water supply, water disposal, heat supply, municipal solid waste management, gas supply (with the exception of services for the sale of liquefied gas), for connection (connection) to engineering and technical support networks at prices (tariffs) regulated in accordance with the legislation of the Russian Federation ), storage and import (export) of narcotic drugs and psychotropic substances;
9) procurement of certain goods, works, services as a result of an accident, other emergencies of a natural or man-made nature, force majeure, in the event of a need to provide medical care in an emergency form or to provide medical care in an emergency form (provided that such goods, works, services are not included in the list of goods, works, services, approved by the Government of the Russian Federation, necessary for the provision of humanitarian assistance or the elimination of the consequences of natural or man-made emergencies) and the use of other time-consuming methods of determining the supplier (contractor, performer) is inappropriate. The customer has the right to conclude, in accordance with this clause, a contract for the supply of goods, performance of work or provision of services, respectively, in the amount and volume that are necessary to eliminate the consequences arising from an accident, other natural or man-made emergencies, force majeure, or to provide medical assistance in an emergency form or urgent form, including in cases provided for in parts 7 and 12 of Article 82
10) supply of cultural property (including museum items and museum collections, rare and valuable publications, manuscripts, archival documents (including their copies) of historical, artistic or other cultural significance), intended to replenish the state museum, library, archival funds , cinema, photo fund and similar funds;
11) the production of goods, the performance of work, the provision of services are carried out by an institution and an enterprise of the penitentiary system in accordance with the list of goods, works, services approved by the Government of the Russian Federation;
12) the conclusion by the institution executing punishment of a contract for the supply of goods for state needs when the said institution acquires raw materials, materials, components for the production of goods, performance of work, provision of services for the purpose of employment of convicts on the basis of contracts concluded with legal entities, provided that that the acquisition by the specified institution of such raw materials, materials, components is carried out at the expense of the funds provided for by these agreements;
13) the purchase of works of literature and art by certain authors (except for the acquisition of film projects for the purpose of distribution), performances by specific performers, phonograms by specific manufacturers for the needs of customers in the event that a single person owns exclusive rights or exclusive licenses to such works, performances, phonograms;
14) the purchase of printed publications or electronic publications (including the software and hardware and information security tools used in them) of certain authors from the publishers of such publications in the event that these publishers own exclusive rights or exclusive licenses to use such publications, as well as the provision services for providing access to such electronic publications to ensure the activities of state and municipal educational institutions, state and municipal libraries, state scientific organizations;
15) conclusion of a contract to visit a zoo, theatre, cinema, concert, circus, museum, exhibition or sporting event;
16) conclusion of a contract for the provision of services for participation in an event held for the needs of several customers with a supplier (contractor, performer), which is determined by the customer who is the organizer of such an event, in the manner established by this Federal Law;
17) conclusion of a contract by a theater, an institution carrying out concert or theatrical activities, including a concert group (dance group, choir group, orchestra, ensemble), television and radio broadcasting institution, circus, museum, house of culture, palace of culture, club, educational institution, zoo , planetarium, park of culture and recreation, nature reserve, botanical garden, national park, natural park or landscape park with a specific natural person to create a work of literature or art, or with a specific natural person or a specific legal entity engaged in concert or theatrical activities, including including a concert group (dance group, choir group, orchestra, ensemble), for performance, or with an individual or legal entity for the manufacture and supply of scenery, stage furniture, stage costumes (including headgear and shoes) and necessary for the creation of scenery and costume materials, as well as theatrical props, props, make-up, wig products, theatrical puppets necessary for the creation and (or) performance of works by these organizations;
18) conclusion of a contract for the provision of services for the sale of entrance tickets and season tickets for visiting theatrical and entertainment, cultural, educational and entertainment events, excursion tickets and excursion vouchers - strict reporting forms;
19) conclusion of a contract for the provision of services for the implementation of author's control over the development of design documentation for a capital construction object, for the author's supervision of the construction, reconstruction, overhaul of a capital construction object by the relevant authors, for technical and author's supervision over the performance of work to preserve a cultural heritage object ( monuments of history and culture) of the peoples of the Russian Federation by the authors of the projects;
20) conclusion of contracts for the provision of services related to the provision of visits of heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport services, operation of computer equipment, office equipment, sound equipment (in including for providing simultaneous translation), providing food);
21) conclusion of contracts for the supply of goods, performance of work, provision of services to ensure the activities of objects of state protection, including the provision of field events held by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation (household, hotel, transport services, operation computer equipment, office equipment, sound equipment (including for providing simultaneous translation), ensuring sanitary and epidemiological well-being, providing food (including safe food);
22) conclusion of a management contract for an apartment building on the basis of a decision of a general meeting of owners of premises in an apartment building or an open tender held by a local government body in accordance with housing legislation, a management company, if the premises in an apartment building are in private, state or municipal ownership;
23) conclusion of a contract for the provision of services for the maintenance and repair of one or more non-residential premises transferred for gratuitous use or operational management to the customer, services for water, heat, gas and energy supply, security services, services for the removal of household waste in case of if these services are provided to another person or other persons using non-residential premises located in the building in which the premises transferred to the customer for free use or operational management are located;
24) recognition of the determination of the supplier (contractor, performer) by a closed method as invalid and the adoption by the customer of a decision to conclude a contract with a single supplier (contractor, performer) in accordance with the provisions of Article 92 of this Federal Law in agreement with the federal body authorized by the Government of the Russian Federation to perform these functions executive power. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price offered by the procurement participant with whom the contract is concluded. Such price should not exceed the initial (maximum) contract price or the contract price proposed in the bid of the relevant procurement participant. The customer's request for approval of the conclusion of a contract with a single supplier (contractor, executor) is sent to the specified federal executive body no later than within ten days from the date of signing the relevant protocols containing information on the recognition of the definition of the supplier (contractor, executor) by a closed method as invalid . At the same time, the approval period should not be more than ten working days from the date of receipt of the request for approval of the conclusion of a contract with a single supplier (contractor, performer). A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date the customer receives the approval. The procedure for agreeing on the conclusion of a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contract system in the field of procurement;
25) recognition as invalid of an open tender, a tender with limited participation, a two-stage tender, a repeated tender, a request for quotations, a request for proposals in accordance with Parts 1 and 7 of Article 55, Parts 1 and 3 of Article 79, Part 18 of Article 83 of this Federal Law. Coordination of the conclusion of a contract in these cases, with the exception of cases of conclusion of contracts in accordance with Parts 4 and 5 of Article 15, Parts 1 and 3 of Article 79 of this Federal Law, is carried out when making purchases to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, respectively with the federal executive body authorized to exercise control in the field of procurement, or the control body in the field of state defense orders, the executive body of a constituent entity of the Russian Federation, the local government body of a municipal district or the local government body of an urban district authorized to exercise control in the field of procurement. In accordance with this paragraph, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded. Such price should not exceed the initial (maximum) contract price, the contract price proposed in the bid of the relevant procurement participant. The customer's request for approval of the conclusion of a contract with a single supplier (contractor, performer) is sent to the control body in the field of procurement no later than within ten days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the definition of the supplier (contractor, performer). ) failed. At the same time, the approval period should not be more than ten working days from the date of receipt of the said request. A contract with a single supplier (contractor, performer) is concluded within a period of not more than twenty days from the date of receipt by the customer of such approval, or in the cases provided for by Parts 4 and 5 of Article 15 of this Federal Law, within a period of not more than twenty days from the date of placement in the unified information system of the relevant protocols containing information on the recognition of the determination of the supplier (contractor, performer) as invalid, or in the cases provided for by Parts 1 and 3 of Article 79 of this Federal Law, within the time limits established by Part 13 of Article 78 of this Federal Law. The procedure for coordinating the conclusion of a contract with a single supplier (contractor, performer) is established by the federal executive body for regulating the contract system in the field of procurement. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;
25.1) invalidation of an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction in accordance with Parts 1, 2 and 5 of Article 55.1, Parts 1 - 3.1 of Article 71 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;
25.2) recognition of the request for quotations in electronic form as invalid in accordance with Part 3 of Article 82.6 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms provided for in the notice of procurement, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this federal law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;
25.3) declaring invalid the request for proposals in electronic form in accordance with Part 26 of Article 83.1 of this Federal Law. In this case, the contract must be concluded with a single supplier (contractor, performer) on the terms stipulated by the procurement documentation, at the price proposed by the procurement participant with whom the contract is concluded, but not higher than the initial (maximum) contract price within the time limits established by Article 83.2 of this Federal law. For the purposes of this Federal Law, the procurement participant with whom the contract is concluded in accordance with this clause is equated to the winner of the supplier (contractor, performer) determination;
26) conclusion of a contract for the provision of services related to sending an employee on a business trip, as well as participation in festivals, concerts, performances and similar cultural events (including tours) on the basis of invitations to attend these events. At the same time, such services include providing travel to the place of a business trip, the place of the specified events and back, renting a dwelling, transport services, providing meals;
27) became invalid from January 1, 2014. - Federal Law No. 396-FZ of December 28, 2013;
28) procurement of medicines that are intended to be prescribed to a patient in the presence of medical indications (individual intolerance, according to vital indications) by decision of the medical commission, which is reflected in the patient's medical documents and the journal of the medical commission. The customer has the right to conclude a contract for the supply of medicinal products in accordance with this paragraph for an amount not exceeding two hundred thousand rubles. At the same time, the volume of purchased medicinal products should not exceed the volume of such drugs necessary for the specified patient during the period necessary for the procurement of medicinal products in accordance with the provisions of Clause 7 of Part 2 of Article 83, Clause 3 of Part 2 of Article 83.1 of this Federal Law. In addition, when purchasing medicines in accordance with the provisions of this paragraph, the subject of one contract cannot be medicines intended for prescription to two or more patients. The specified decision of the medical commission must be placed simultaneously with the contract concluded in accordance with this paragraph, in the register of contracts provided for in Article 103 of this Federal Law. At the same time, the depersonalization of personal data provided for by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" must be ensured;
29) conclusion of an energy supply contract or a contract for the purchase and sale of electrical energy with a guaranteeing supplier of electrical energy;
30) determination of the supplier, contractor by order of the Government of the Russian Federation on the proposals of the Central Election Commission of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation when purchasing ballots, absentee certificates, special signs (stamps), information materials placed on the premises of election commissions, commissions referendum, voting premises, and services for the delivery of election documentation, documents related to the preparation and conduct of a referendum, and other dispatches of election commissions used in elections to state authorities of the constituent entities of the Russian Federation, a referendum of the Russian Federation and referendums of the constituent entities of the Russian Federation, and also during elections to local self-government bodies and local referendums in municipalities that are administrative centers (capitals) of constituent entities of the Russian Federation, except for the cases established by clause 6 of part 2 of article 1 of this Federal Law;
31) conclusion of a contract, the subject of which is the acquisition of a non-residential building, structure, structure, non-residential premises, determined in accordance with the decision on the preparation and implementation of budget investments or on the provision of subsidies for the implementation of capital investments, to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs for the purpose of acquiring real estate objects into state or municipal ownership, adopted in the manner prescribed by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, local administration;
32) rent of a non-residential building, structure, structure, non-residential premises to meet federal needs, the needs of a constituent entity of the Russian Federation, municipal needs, as well as the lease of residential premises located on the territory of a foreign state by customers operating on the territory of a foreign state;
33) conclusion of a contract for the provision of teaching services, as well as the services of a guide (guide) by individuals;
34) the conclusion by the federal executive body of a contract with a foreign organization for the treatment of a citizen of the Russian Federation outside the territory of the Russian Federation in accordance with the rules established by the Government of the Russian Federation;
35) conclusion by organizations engaged in educational activities and recognized in accordance with the legislation on education as federal or regional innovation sites, contracts for the supply of equipment (including its technical operation), software necessary for the implementation of scientific and technical results and results of intellectual activity, with the owner of exclusive rights to such equipment and software at the expense of funds allocated for the development of innovative infrastructure in the education system;
36) conclusion by a budgetary institution, state, municipal unitary enterprises of a contract, the subject of which is the issuance of a bank guarantee;
37) procurement of handicrafts of recognized artistic merit, samples of which are registered in the manner established by the federal executive body authorized by the Government of the Russian Federation;
38) the conclusion by executive authorities, local governments of contracts for the acquisition of residential premises that meet the conditions for classifying as standard housing established by the authorized federal executive body with a legal entity that has concluded an agreement on the development of the territory for the purpose of building a standard housing in accordance with the Town Planning Code of the Russian Federation of housing or an integrated development agreement for the construction of standard housing, at a price and within the time limits specified in the agreement on the development of the territory for the construction of standard housing or the agreement on integrated development of the territory for the construction of standard housing, provided that the agreement on the development of the territory for the construction of standard housing or an agreement on the integrated development of the territory for the construction of standard housing provides for the conclusion of state and (or) municipal contracts;
39) the conclusion by the executive authorities, local governments of contracts for the acquisition of residential premises that meet the conditions for classifying as standard housing established by the authorized federal executive body, with a person who has concluded in the manner and on the conditions provided for by Federal Law No. 24 July 2008 161-FZ "On promoting the development of housing construction", an agreement for the gratuitous use of a land plot for the construction of standard housing, for the integrated development of the territory, which includes the construction of standard housing, a lease agreement for a land plot for the construction of standard housing, for the integrated development of the territory , which provides, among other things, for the construction of standard housing, or a land lease agreement for the construction of standard housing in the minimum required volume, for the integrated development of the territory, which includes, among other things, the construction of standard housing in the minimum required volume and other housing construction, at the price and within the terms determined by any of these agreements, provided that they provide for the conclusion of state and (or) municipal contracts;
40) procurement of goods, works, services in order to provide the foreign intelligence agencies of the Russian Federation with the means of intelligence activities. The list of goods, works, services, the procurement of which may be carried out in accordance with this paragraph, is approved by the head of the relevant foreign intelligence agency of the Russian Federation;
41) procurement of goods, works, services for the purpose of providing the bodies of the federal security service with the means of counterintelligence activities and the fight against terrorism. The list of goods, works, services, the procurement of which may be carried out in accordance with this paragraph, is approved by the head of the federal executive body in the field of security;
42) the conclusion by the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies of contracts with individuals for the performance of work related to the collection and processing of primary statistical data when federal statistical observation is carried out on the territory of the Russian Federation in accordance with the legislation of the Russian Federation on official statistical accounting. At the same time, the scope of work performed by these persons and the price of the contract, calculated on the basis of the terms of payment of remuneration to persons involved on the basis of contracts to perform work related to the collection and processing of primary statistical data during federal statistical observation in the Russian Federation, are established by the federal an executive authority that performs the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation. Information on contracts concluded in accordance with this clause is posted on the website of the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, and its territorial bodies in the information and telecommunications the Internet in the manner established by the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, in agreement with the federal executive body for regulating the contract system in the field of procurement ;
43) became invalid from December 31, 2017. - Federal Law of December 31, 2017 N 503-FZ;
44) procurement by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services for granting the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific citation indices from operators specified databases included in the list approved by the Government of the Russian Federation;
45) purchase by state and municipal libraries, organizations engaged in educational activities, state and municipal scientific organizations of services for granting the right to access information contained in documentary, documentographic, abstract, full-text foreign databases and specialized databases of international scientific citation indices from national libraries and federal libraries with scientific specialization. At the same time, the price of such a contract concluded with a single supplier (contractor, performer) is determined in accordance with the procedure established by the Government of the Russian Federation;
46) procurement of goods, works, services at the expense of financial resources allocated for operational-search activities. The list of goods, works, services, the purchase of which may be carried out in accordance with this paragraph, is approved by the head of the relevant federal executive body authorized to carry out operational-search activities in accordance with Federal Law No. 144-FZ of August 12, 1995 "On Operative search activity";
47) procurement of goods, the production of which has been created or modernized and (or) mastered in the territory of the Russian Federation in accordance with a special investment contract, at regulated prices and taking into account the specifics provided for in Article 111.3 of this Federal Law;
48) procurement of goods, the production of which has been created or modernized and (or) mastered in the territory of a constituent entity of the Russian Federation in accordance with a state contract concluded in accordance with Article 111.4 of this Federal Law, at regulated prices and taking into account the specifics provided for by this article. Only customers of this subject of the Russian Federation, as well as municipalities located on the territory of this subject of the Russian Federation, are entitled to conclude a contract on the basis of this paragraph. At the same time, only a legal entity with which a state contract has been concluded in accordance with Article 111.4 of this Federal Law (hereinafter referred to as the supplier-investor) can be the only supplier of goods;
49) implementation by the federal executive body authorized by the Government of the Russian Federation of the procurement of works for the production of excise stamps for labeling alcoholic products and tobacco products imported into the Russian Federation, at prices (tariffs) established in accordance with the legislation of the Russian Federation;
50) procurement of transport services and additional services related to their provision in the event of the need to perform military transportation (railway, sea, river, air and road) in the event of a threat to the military security of the Russian Federation and (or) to ensure the participation of the Armed Forces of the Russian Federation, other troops in operations to maintain or restore international peace and security outside the Russian Federation in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation in the manner established by the Government of the Russian Federation;
51) procurement of legal services in order to ensure the protection of the interests of the Russian Federation in foreign and international courts and arbitrations, as well as in the bodies of foreign states;
52) procurement of goods, works, services by state security bodies in order to implement measures for the implementation of state security. The list of goods, works, services, the procurement of which may be carried out in accordance with this paragraph, is approved by the head of the federal executive body in the field of state security;
53) conclusion by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local authorities of contracts for the provision of services for the implementation of rating actions by legal entities recognized in accordance with the legislation of the Russian Federation as credit rating agencies, as well as foreign legal entities performing rating actions outside the territory of the Russian Federation;
54) procurement of works for the modernization of federal state information systems for information and legal support of the activities of the chambers of the Federal Assembly of the Russian Federation and services to support such systems;
55) conclusion of a contract for the provision of services for the production of forms of documents proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation and outside the territory of the Russian Federation, proving the identity of a foreign citizen or stateless person, issued in the Russian Federation in cases established by the legislation of the Russian Federation, forms certificates of state registration of acts of civil status, forms of temporary documents proving the identity of a citizen of the Russian Federation and giving him the right to enter (return) to the Russian Federation, as well as forms of documents for entry into the Russian Federation and exit from the Russian Federation of foreign citizens and stateless persons .

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

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

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