The Ministry of Finance explained how to execute a contract with a single supplier under the act of the region
The Ministry of Finance told what rules to use for contracts with the supplier, which were concluded under the act of the regional authorities.
The Agency listed two rules that apply to contracts with a single supplier on the basis of an act of a state agency (Article 15 of Law No. 46-FZ):
1. It is necessary to plan, execute a contract and include information in the register of contracts according to the same rules that are established for contracts under paragraph 2 of part 1 of Article 93 of Law No. 44-FZ.
For example, when you include data in the register of contracts, use the basis under paragraph 2 of Part 1 of Article 93 of Law No. 44-FZ: "Procurement of goods, works, services from a single supplier (contractor, contractor) determined by 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, contractor) determined by a decree or order of the Government of the Russian Federation."
2. It is necessary to apply the rules of electronic acceptance. At the same time, the documents that you issue during acceptance are not posted on the official website of the EIS, if the state agency determines such an order in its act (part 5 of Article 15 of Law No. 46-FZ).
In the same letter, the Ministry of Finance noted that the State Duma is considering a draft law according to which all customers will be able to purchase medicines and medical products under paragraphs 5.1, 5.2 of part 1 of Article 93 of Law No. 44-FZ without the special permission of the founder. It will be possible to conclude contracts according to the rules from part 12 of Article 93 of Law No. 44-FZ. Now the mechanism of the "electronic store" for such purchases does not work.
Document: Letter of the Ministry of Finance dated 04/22/2022 No. 24-06-06/36748