In 2017 in Russia, by orders of the President of Russia dated August 6 No. 285-rp and dated August 17 No. 291-rp (hereinafter " orders"), PJSC Rostelecom in 2018 was recognized as the only provider of telecommunication services for 56 federal executive authorities (hereinafter " Federal executive authority", including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).
At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the only provider of telecommunication services in 2017.
The orders refer to clause 2, part 1, art. 93 of the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as " Law No. 44-FZ"):
1. Purchase from a single contractor Maybe carried out by the customer in the case of: 2) procurement for government needs from a single supplier determined by decree or order of the President of the Russian Federation.
Such legal acts indicate subject of contract, and the deadline for which the contract is concluded may also be specified, and the customer’s obligation to establish a requirement to ensure the execution of the contract may be specified. When preparing drafts of these legal acts, such drafts are accompanied by a justification for the contract price in accordance with the provisions of Article 22 of this Federal Law."
At the same time, the FAS Russia explained earlier:
"...purchasing from a single supplier implies that the customer offers to conclude a contract with a specific legal entity or individual. At the same time, the customer does not carry out a formal procedure for selecting a supplier, unlike competitive methods for identifying suppliers." (Letter dated February 3, 2015 N ATs/4119/15).
The orders indicate the following telecommunication services:
- Telephone:
- local (except for payphones and public access devices);
- intercity and international;
- intrazonal;
- in a dedicated communication network;
- Data transfer;
- Telematic;
- Providing communication channels;
- Wired radio broadcasting;
- Telegraph.
In fact, of the 19 types of telecommunication services provided for in the List approved by Government Decree No. 87 of 02/18/14, only 9 types are excluded, and of the most popular - cellular (mobile radiotelephone) communication services and television broadcasting.
At the same time, the Russian Ministry of Economic Development has repeatedly indicated:
"purchase from a single contractor is a right, and not the responsibility of the customer"(Letters dated March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated September 5, 2016 N OG-D28-10452, dated September 5, 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176).
The Federal Antimonopoly Service of Russia takes a similar position, pointing out in its responses to telecom operators also the possibility of the state customer using the provisions provided for in Part 1 of Art. 24. Law No. 44-FZ "competitive methods for identifying suppliers."
Therefore, considering that when choosing a single supplier, the contract price cannot be reduced; federal executive authorities, in order to save the budget on telecommunication services, have the right to choose not PJSC Rostelecom during competitive procedures.
12/20/2017 15:12, Omsk region, website:
The Omsk OFAS Russia receives requests regarding the possibility of concluding contracts with a single contractor for the provision of communication services.
Previously, PJSC Rostelecom sent an information letter to customers with the following content:
“Determine on the basis of paragraph 2 of Article 93 of the Federal Law of 05.04. 2013 No. 44 - Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” public joint-stock company of long-distance and international electrical communications “Rostelecom” is the sole contractor for work carried out in 2017 and 2018 to government customers and subordinate institutions procurement of services in accordance with the provided justification for the contract price: local telephone communications (except for services using payphones and public access means); intercity and international telephone communications; telephone communication in a dedicated communication network; intrazonal telephone communication; telegraph communication; communications for wire broadcasting purposes; data communications; communications for the provision of communication channels; telematic communication services."
When exercising state control in the field of procurement of goods, works, services to meet state and municipal needs, the Omsk OFAS Russia acts within the framework of the powers granted by the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works and services for meeting state and municipal needs" (hereinafter referred to as the Federal Law on the Contract System) and the Regulations on the territorial body of the Federal Antimonopoly Service, approved by Order of the Federal Antimonopoly Service dated July 23, 2015 No. 649/15, and is not given the right to give explanations on the enforcement of the Federal Law about the contract system.
At the same time, the antimonopoly authority considers it possible to express its position on the above issue.
In accordance with the requirements of Part 1 of Article 24 of the Federal Law on the Contract System, when making purchases, customers use competitive methods to determine suppliers (contractors, performers) or make purchases from a single supplier (contractor, performer).
According to Part 5 of Article 24 of the Federal Law on the Contract System, the customer chooses the method of determining the supplier (contractor, performer) in accordance with the provisions of the Federal Law on the Contract System. At the same time, he does not have the right to take actions that entail an unreasonable reduction in the number of procurement participants.
Clause 1 of Part 1 of Article 93 of the Federal Law on the Contract System provides for the supply of goods, performance of work, provision of services related to the scope of activities of natural monopolies in accordance with Federal Law dated August 17, 1995 No. 147-FZ “On Natural Monopolies” (hereinafter referred to as the Law about natural monopolies).
According to Part 1 of Article 4 of the Law on Natural Monopolies, the scope of activity of subjects of natural monopolies includes public telecommunications and public postal services.
The list of publicly accessible telecommunications services was approved by Decree of the Government of the Russian Federation dated October 24, 2005 No. 637 “On state regulation of tariffs for public telecommunications and public postal services” and is exhaustive.
Consequently, purchases of communication services that do not fall under the list approved by Decree of the Government of the Russian Federation of October 24, 2005 No. 637 must be carried out by customers using competitive methods or according to the rules of paragraphs 4 and 5 of part 1 of Article 93 of the Federal Law on the Contract System.
By virtue of Part 3 of Article 15 of the Constitution of the Russian Federation, laws are subject to official publication. Unpublished laws do not apply.
Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information.
In accordance with paragraph 1 of Decree of the President of the Russian Federation dated May 23, 1996 No. 763 “On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and normative legal acts of federal executive bodies” (hereinafter referred to as Decree No. 763) decrees and orders of the President of the Russian Federation(hereinafter referred to as acts of the President of the Russian Federation), resolutions and orders of the Government of the Russian Federation (hereinafter referred to as acts of the Government of the Russian Federation) subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.
According to paragraph 2 of Decree No. 763, acts of the President of the Russian Federation and acts of the Government of the Russian Federation are subject to official publication within 10 days after the date of their signing in the Rossiyskaya Gazeta, the Collection of Legislation of the Russian Federation and on the Official Internet Portal of Legal Information (www.pravo .gov.ru), the functioning of which is ensured by the Federal Security Service of the Russian Federation.
According to the general rule established by paragraph 5 of Decree No. 763, acts of the President of the Russian Federation that are of a normative nature come into force simultaneously throughout the entire territory of the Russian Federation seven days after the day of their first official publication.
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General information about the purchase
Purchase number on the EIS 0173100010917000077Method for determining the supplier Purchase from a single supplier (contractor, performer)
The order is placed by Customer
Accommodation is carried out by
Tender name
Contact Information
Accommodation is carried out by FEDERAL SERVICE FOR STATE REGISTRATION, CADASTRE AND CARTOGRAPHYLocation Russian Federation, 109830, Moscow, VORONTSOVO POLE STREET, 4A
Mailing address Russian Federation, 101000, Moscow, Chistoprudny Boulevard, 6/19
Responsible official Pridankin Andrey Borisovich
Information about the procurement procedure
Restriction of participation in determining the supplier (contractor, performer), established in accordance with Federal Law No. 44-FZ (in accordance with paragraph 4 of Article 42 of Federal Law No. 44-FZ In accordance with paragraph 2 of part 1 of Article 93 of Federal Law dated 05.04.2013 No. 44 -FZ "On the contract system in the field of procurement of goods, works, services, to meet state and municipal needs", based on the order of the President of the Russian Federation dated 06.08.2017 No. 285-rp
Initial (maximum) contract price
Initial (maximum) contract price 330,000,000 Russian rubleSource of financing Federal budget
Customer organization number 01731000109
Customer organization FEDERAL SERVICE FOR STATE REGISTRATION, CADASTRE AND CARTOGRAPHY
Contract terms
The delivery location is available only to subscribed usersDeadlines for delivery of goods or completion of work or schedule for the provision of services stage 1 - from the date of signing the government contract to November 15, 2017, stage 2 - from the end date of stage 1 to December 15, 2017, stage 3 - from the end date of stage 2 to December 31, 2017
Enforcing the contract
Contract security requiredAmount of contract security 99,000,000 Russian ruble
The procedure for providing contract performance security, requirements for security, information on banking support for the contract. Contract performance security is provided to the Customer before the conclusion of the contract. Security for the execution of a contract can be provided in the form of a bank guarantee issued by a bank and meeting the requirements of Article 45 of the Law, or by depositing funds into an account specified by the Customer, which, in accordance with the legislation of the Russian Federation, records transactions with funds received by the Customer. The method of securing the execution of the contract is determined the contractor with whom the contract is concluded independently. The validity period of the bank guarantee must exceed the validity period of the contract by at least 1 (One) month. The contract is concluded after the contractor with whom the contract is concluded provides security for the performance of the contract. If the contractor with whom the contract is concluded fails to provide security for the execution of the contract within the period established for concluding the contract, such participant is considered to have evaded concluding the contract. The fact of depositing funds as security for the execution of the contract is confirmed by a payment order for payment or a copy of this payment order. If the contractor chooses to deposit funds into the customer’s account as a method of securing the execution of the contract, the contract security is returned to the contractor to the bank account specified in the contract after the parties sign the acceptance certificate for the work performed for the reporting period (stage), the delivery certificate acceptance of services provided for the reporting period (stage), certificate of acceptance of licenses (subscription) for the reporting period (stage) and fulfillment by the Contractor of its obligations under the contract within 30 (Thirty) calendar days from the date the customer receives the written request of the contractor.
Payment details to ensure the execution of the contract: p/c 40302810900001001901 l/c 05951003210 BIC 044501002
Information about the procurement object
Name of product, work, service: Providing services to support a secure data transmission network at the federal and regional levels of the Federal Service for State Registration, Cadastre and CartographyQuantity: 1.00 (Unit of measurement: USL ED)
Price per unit: 330,000,000 Russian ruble
Price: 330,000,000 Russian ruble
OKPD2 code: 61.10.30.190 (Other services for data transmission over wired telecommunication networks)
Total: 330 000 000 Russian ruble
In 2017 in Russia, by orders of the President of Russia dated August 6 No. 285-rp and dated August 17 No. 291-rp (hereinafter referred to as ““), PJSC Rostelecom in 2018 was recognized as the only provider of telecommunication services for 56 federal executive authorities (hereinafter referred to as " Federal executive authority", including the Ministry of Telecom and Mass Communications, Roskomnadzor, Rossvyaz).
At the same time, by the same orders, 32 federal executive authorities were retroactively recognized as the only provider of telecommunication services in 2017.
The orders refer to clause 2, part 1, art. 93 of the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as “ Law No. 44-FZ"):
"1. Purchasing from a single contractor Maybe carried out by the customer in the case of: 2) procurement for government needs from a single supplier determined by decree or order of the President of the Russian Federation.
Such legal acts indicate subject of contract, and the deadline for which the contract is concluded may also be specified, and the customer’s obligation to establish a requirement to ensure the execution of the contract may be specified. When preparing drafts of these legal acts, such drafts are accompanied by a justification for the contract price in accordance with the provisions of Article 22 of this Federal Law.
At the same time, the FAS Russia explained earlier: “...purchase from a single supplier implies that the customer offers to conclude a contract with a specific legal entity. or physical face. At the same time, the customer does not carry out a formal procedure for selecting a supplier, unlike competitive methods for identifying suppliers.”
The orders indicate the following telecommunication services:
1) Telephone:
Local (except for payphones and public access devices);
— intercity and international;
— intrazonal;
— in a dedicated communication network;
2) Data transfer;
3) Telematic;
4) Providing communication channels
5) Wired radio broadcasting
6) Telegraph.
In fact, of the 19 types of telecommunication services provided for in the List approved by Government Decree No. 87 of 02/18/14, only 9 types are excluded, and of the most popular - cellular (mobile radiotelephone) communication services and television broadcasting.
At the same time, the Russian Ministry of Economic Development has repeatedly indicated: “purchasing from a single contractor is a right, and not the responsibility of the customer«.
The Federal Antimonopoly Service of Russia takes a similar position, pointing out in its responses to telecom operators also the possibility of the state customer using the provisions provided for in Part 1 of Art. 24. Law No. 44-FZ "".
Therefore, consideringthat when choosing a single supplier, the contract price cannot be reduced, In order to save the budget on telecommunication services, federal executive authorities have the right to choose not PJSC Rostelecom during competitive procedures.
Letters dated March 15, 2017 N D28i-1125, dated November 8, 2016 N D28i-2920, dated October 14, 2016 N D28i-2694, dated September 5, 2016 N OG-D28-10452, dated September 5 2016 N OG-D28-10449, dated August 19, 2016 N D28i-2176