Single-source procurement
Posted: Tue Jan 07, 2025 6:21 am
This method involves a direct conclusion of a contract and is fully regulated by the Customer's Procurement Regulations. Formally, the law does not establish any restrictions on the number of purchases from a single supplier (SS): theoretically, you can conduct all purchases in this way by specifying this in the Regulations. However, some nuances should be taken into account:
Conducting most purchases through the EP may raise questions from regulatory authorities, as this contradicts the principles of open competition and efficient use of funds. FAS may require reducing the share of purchases from the EP and amending the Procurement Regulation. It is possible to challenge such an order in court, but the outcome is unpredictable.
If your organization operates in regulated activities, the morocco whatsapp phone number costs of purchasing from the EP may not be counted when calculating tariffs.
Therefore, I recommend, by analogy with 44-FZ, not to exceed the share of purchases from the EP by 20% of the total volume, and also to include in the Procurement Regulations the justification for cases in which a single supplier is used.
An alternative to purchasing from a single supplier may be other non-competitive purchasing methods, which you can add to the Regulation yourself.
Other methods of procurement
In addition to the five main procurement methods described, Federal Law 223-FZ allows the use of “other” methods, i.e. the customer can include in the Regulation any procurement method that is not directly described in the law.
There is no particular sense in introducing additional competitive methods into the Regulation, therefore, non-competitive methods are usually used as “others”.
What are these methods and why are they needed?
The non-competitive procurement method allows one to avoid the limitations inherent in competitive methods:
does not require mandatory placement in the EIS;
does not require ensuring competition;
does not require the "or equivalent" clause;
allows you to make purchases for specific trademarks;
the term of the contract is limited only to a maximum of 20 days, the lower limit of “not earlier than 10 days” is not established – i.e. it is possible to make a purchase in 1 day;
the customer may establish any regulations for the non-competitive procedure in accordance with its needs;
all non-competitive methods can be used for SMEs;
the use of other procurement methods does not give rise to claims from regulatory authorities (in contrast to large volumes of purchases from a single supplier).
Often, other procurement methods used by customers duplicate one of the 4 competitive methods described in the law in their procedure, for example:
Conducting most purchases through the EP may raise questions from regulatory authorities, as this contradicts the principles of open competition and efficient use of funds. FAS may require reducing the share of purchases from the EP and amending the Procurement Regulation. It is possible to challenge such an order in court, but the outcome is unpredictable.
If your organization operates in regulated activities, the morocco whatsapp phone number costs of purchasing from the EP may not be counted when calculating tariffs.
Therefore, I recommend, by analogy with 44-FZ, not to exceed the share of purchases from the EP by 20% of the total volume, and also to include in the Procurement Regulations the justification for cases in which a single supplier is used.
An alternative to purchasing from a single supplier may be other non-competitive purchasing methods, which you can add to the Regulation yourself.
Other methods of procurement
In addition to the five main procurement methods described, Federal Law 223-FZ allows the use of “other” methods, i.e. the customer can include in the Regulation any procurement method that is not directly described in the law.
There is no particular sense in introducing additional competitive methods into the Regulation, therefore, non-competitive methods are usually used as “others”.
What are these methods and why are they needed?
The non-competitive procurement method allows one to avoid the limitations inherent in competitive methods:
does not require mandatory placement in the EIS;
does not require ensuring competition;
does not require the "or equivalent" clause;
allows you to make purchases for specific trademarks;
the term of the contract is limited only to a maximum of 20 days, the lower limit of “not earlier than 10 days” is not established – i.e. it is possible to make a purchase in 1 day;
the customer may establish any regulations for the non-competitive procedure in accordance with its needs;
all non-competitive methods can be used for SMEs;
the use of other procurement methods does not give rise to claims from regulatory authorities (in contrast to large volumes of purchases from a single supplier).
Often, other procurement methods used by customers duplicate one of the 4 competitive methods described in the law in their procedure, for example: