Criteria for the purchase of fuels and lubricants under Federal Law 223. Purchase of fuels and lubricants

• On 06/05/2018
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• 44-FZ, Purchases from a single supplier, Request for quotations, Procurement objects, FAS, Electronic auction

Came into force on April 11 of this year Government Decree No. 387 of March 31, 2017. He introduced new rules for the purchase of fuels and lubricants according to 44-FZ. In this material we will look at what is new in the procedure.

What changed

The new rules apply to the purchase of fuel in accordance with OKPD 2 19.20.21. These are automobile and aviation gasoline, as well as diesel and marine fuel.

The essence of the changes is that the fixed price rule no longer applies. Instead, customers should provide in the documentation maximum fuel price, as well as the formula for calculating the cost. Moreover, the mentioned resolution does not provide specific rules and formulas, that is, the customer must resolve these issues himself.

In addition, they changed Resolution No. 19 of January 13, 2014, establishing a list of cases when it is necessary to provide the maximum price and calculation formula in the procurement documentation. The conclusion of a contract for the supply of motor fuel, including automobile and aviation gasoline, was added to the list of cases.

Registration in ERUZ EIS

From January 1, 2019 to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is 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:

How fuel is purchased

Fuel and lubricants according to OKPD2 19.20.21 are included in auction list, approved by Government Order No. 471-r dated March 21, 2016. Thus, the types of fuel in question can only be purchased through. In this case, the documentation must reflect the maximum price of fuel and provide a cost calculation. The same should appear in the draft contract.

As you know, under certain price restrictions, purchases can be carried out (up to 100 thousand rubles) or through a request for quotation (up to 500 thousand rubles). However, in case This option won't work with fuel.. After all, in the mentioned procurement methods, documentation is not drawn up. Accordingly, the customer will not be able to fulfill the requirement to include the price and the formula for calculating it.

What formula to use

The legislation does not provide a universal formula for calculating the price of fuel and does not yet provide an explanation on this matter. Accordingly, the customer must decide independently (letter of the Ministry of Finance dated May 11, 2018 No. 24-03-08/31865).

In reality, everything is not so simple. Indeed, during the electronic auction, participants reduce the price, and the contract is concluded with the one who offers the least. And in the auction documentation you need to write the price of fuel, which cannot be higher than the price of the winning bidder. Thus, it is not entirely clear how this price should be determined.

On the need to indicate the maximum price of fuel and lubricants

The explanatory note to Resolution No. 387 states that the maximum fuel price in the contract must be specified to ensure transparent cost calculations. As a result, a positive effect is expected due to the fact that customers will have to hold auctions instead of concluding a contract with a single supplier.

The disadvantage of concluding contracts directly with fuel suppliers is that the latter insure themselves against changes in market conditions and offer prices with some reserve. As a result, pumpers purchase fuel at inflated prices. In the case of auctions, the influence of this factor is neutralized.

Responsibility

Failure to indicate the required provisions in the auction documentation will result in a fine. under part 4.2 of article 7.30 of the Code of Administrative Offenses. This measure of liability is assigned for violations committed during the preparation of procurement documentation. The amount of the fine for the official will be 3 thousand rubles.

What can and cannot be required when purchasing fuel and lubricants

In conclusion, let’s look at a couple of cases from the practice of regulatory authorities and fuel procurement vessels. Both of them are related to the requirements that the customer set in the documentation.

In the first case it was stated that The gas station must be located close to the supplier. Such a requirement is acceptable provided that it does not restrict competition. After all, when purchasing goods and services for their needs, state and municipal customers must strive to reduce costs. In this case, the location of a gas station near the customer should lead to a reduction in fuel transportation costs.

The documentation can state, for example, that a gas station must be located at a certain distance from the customer or indicate the boundaries of the area where it should be located. However, before doing this, you should make sure that the location is located within the outlined geographical framework. several fuel suppliers, otherwise the regulatory authorities may consider that competition has been violated (decision of the Krasnodar OFAS dated 01/09/2017 No. 407-T/2016).

Second example: specifying a requirement for a fuel and lubricants sales point that it must owned by the supplier or a person belonging to the same group. The judges considered this requirement illegal, since it limits the number of auction participants (resolution of the Moscow District Arbitration Court dated March 10, 2016 No. F05-1470/2016).

Small volume purchases within the framework of 223-FZ do not have strict requirements and regulations, unlike 44 Federal Law. This part states that the customer, at his own discretion, decides to place information on procurement up to 100 thousand rubles in the Unified Information System. And if the customer’s annual revenue exceeds 5 billion rubles, then he has the right to increase the price of the procedure to 500 thousand rubles. From these data we can conclude that the only parameter for identifying small purchases is the contract price. Rules for direct procurement up to 100 or 500 thousand rubles The legislation of the Russian Federation does not have any specific requirements for the total volume of direct tenders up to 100 and 500 thousand rubles. from the total volume of tenders conducted by the customer.

Direct purchase from a single supplier

Subjects of non-competitive procurement have the right to carry out a transaction only after the control body receives, reviews and approves the justifications set out in the documentation. Why is it necessary to publish information about the transaction? Legislation requires the customer to place a special document (procurement notice) in the public domain. This is necessary so that the operation can be considered transparent and open.
However, you cannot publish information that is classified as secret. As a rule, data about the parties involved, the subject and terms of the contract are posted on an information portal on the Internet.

Features of procurement under Federal Law 223 in cases where there is only one supplier

Therefore, current legislation imposes significant restrictions on the possibility of using such procurement. Purchasing from a single supplier ^ Before reading, be sure to watch this video ^ Thus, Law 223-FZ provides for the possibility of using a form of procurement from a single supplier only in the following cases:

1. If it is necessary to conclude a one-time contract for any supplies, works, services worth no more than 100 thousand rubles, including VAT, when the use of other methods of determining the supplier is impractical.
2. If it is necessary to urgently conclude a government contract (for example, in the event of emergency events and delays in deliveries are unacceptable).
3. When purchasing goods, works or services due to failed procedures for competitive selection of a supplier.

Purchase from a single supplier under Federal Law 223

In this case, the customer violates regulations according to which procurement must be carried out through competitive bidding. Auctions and competitions conducted by a legal entity must be open to allow small businesses to participate. In particular, a similar violation was identified in the Ministry of Defense, which rarely resorted to open tenders as part of the implementation of the government procurement project.

If the purchase is related to energy resources, then in addition to Federal Law 223, you need to keep in mind Resolution No. 109, which prescribes competitive selection when concluding such transactions. Thus, you cannot get from a single supplier:

• fuel;
• raw materials;
• materials;
• electricity;
• repair service.

This measure was taken to ensure more efficient and targeted spending of funds. If you miss this point, the regulatory body will record a violation.

Small purchases under 223-FZ

In particular, if the goods and services listed in Resolution No. 616 are not listed in the section “Purchase from a single supplier” and at the same time are purchased in non-electronic form, a fine of 10,000 to 30,000 may be imposed on the customer’s official rub., and for the autonomous institution itself - in the amount of 100,000 to 300,000 rubles. (Part 1 of Article 7.32.3 of the Code of Administrative Offenses of the Russian Federation). The second important point is to ensure information openness of the purchase in question. For violation of this requirement, fines are now also provided (for example, according to Part.

5 tbsp. 7.32.3 Code of Administrative Offenses of the Russian Federation for failure to post on the zakupki website. gov. ru information about procurement, officials face a fine of up to 50,000 rubles, and legal entities - up to 300,000 rubles).

Purchases from a single supplier within the framework of federal law no. 223-f3

The Antimonopoly Service carefully monitors the procurement sector. After all, competition is important for business development. Today it is important to comply with the provisions of Federal Law 223, which are now often interpreted incorrectly. In 2016, it is important to carry out all purchases according to the approved plan, which creates additional obstacles.

For many legal entities, it is important to find a single supplier with whom it will be easy to cooperate. Let's figure out in what situations procurement without competition can be used. What procurement methods are provided for in article two of 223-FZ? This law is the basis for all procurement activities in Russia.

According to it, the customer is obliged to indicate in the regulations created by him under which the purchase will be carried out, its method.

Frequent receipt of goods and services from a single supplier is also unacceptable for owners of natural monopolies. In this case, you must additionally be guided by Resolution No. 1158, which recommends that the owners of such enterprises conduct purchases according to the rules in force for tenders for state needs. The procurement of companies with state participation must be carried out in accordance with the Directive of October 16, 2010.

According to it, information about auctions should be published electronically. This measure helps state-owned enterprises consider more options rather than focusing only on a single supplier. Recommendations from experts Professionals in the field of government procurement recommend paying attention to the following points:

1. When making a transaction, remember that it will receive closer attention from regulatory authorities.

Direct purchase at 223 ap is

With the help of a large number of different measures (legislative acts, regulations, rules, sanctions), the state in every possible way prevents this state of affairs. Purchasing a single supplier in itself, of course, is not a crime, but it is regulated by Law No. 223 “On Procurement” in order to prevent abuse and infringement of the rights of one of the participants in trade or partnership relations. This law provides for the circumstances under which this type of procurement is permitted, the procedure for the entities to act, the list of unscrupulous buyers and sellers, and the documentation of such transactions (including mandatory reports).
Purchasing under 223-FZ from a single supplier is also regulated by other laws that describe similar procedures. Their effect applies to most situations in which participants in trading relations resort to non-competitive supplies.

Direct purchase under Federal Law 223 is

For example, these include: The deadline, place and procedure for submitting procurement documentation, the amount, procedure and timing of payment of the fee charged by the customer for the submission of documentation (clause 6, part 9, article 4); Place and date of consideration of proposals from procurement participants and summing up the results of the procurement (clause 7, part 9, clause 11, part 10, article 4); Requirements for the content, form, design and composition of the application for participation (clause 2, part 10, article 4); Requirement for procurement participants to describe the supplied goods that are the subject of the procurement, its functional, quantitative and qualitative characteristics, as well as the work performed, the service provided, which are the subject of the procurement, their quantitative and qualitative characteristics (clause 3, part 10, article 4) ; Procedure, place, start and end dates for filing applications for participation (clause 8, part 10, art.

Info

Purchasing from a single supplier (performer, contractor) is one of the most common procurement methods used by executors of the Federal Law of July 18, 2011 N 223-F3 “On the procurement of goods, works, services by certain types of legal entities” (hereinafter referred to as Federal Law N 223-F3 ). Thanks to this method, customers can quickly purchase certain goods, works, services that have a low cost or specific characteristics. What should autonomous institutions take into account when using this method? Legal basis Federal Law N 223-F3 and by-laws contain little reference to such a method as purchasing from a single supplier.

For example, in Part 3 of Art.

Attention

In this case, the decision on the price and specific types of necessary goods, works or services is made by the customer, based on his needs at the moment. The organizer is obliged to provide information about the need to choose this particular method of carrying out the procedure and the economic justification for the contract price. The customer can also apply a price approach to choosing a procurement method.

If the total cost of purchased goods or services does not exceed 100,000 rubles, then the purchase can be carried out without special procedures. When the amount exceeds the threshold of 100,000 rubles, the organizer is obliged to provide a full justification for choosing this method, market research, present the candidate of the selected supplier for discussion by the commission, and develop competent documentation. The main cases of direct procurement According to the provisions of 223-FZ, the customer has the right to independently determine the cases in which direct procurement is allowed.

If you want to sell a product or service to a company that adheres to this legislation, you should carefully read the procurement regulations it has created.

• It is important for the supplier to fully fulfill its obligations under contracts; in this case, there is a high probability that the next purchase will not be competitive, but direct.

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I thought this wouldn't happen. With full responsibility, I can advise you to contact the Center for Issuing Electronic Signatures. There was a need to conclude agreement to receive fuel by fuel cards There was a need to conclude? Sent to your email

and are you too lazy to read boring and incomprehensible legal terms and phrases? Then this article is for you. I will try to explain complex formulations and pitfalls in the simplest and most accessible words.

Type of agreement: purchase and sale or agency agreement

The most popular type of agreement is the fuel purchase and sale agreement. This is the simplest type of contract. The Seller (Options may be: Supplier, Contractor, Company) sells fuel (petroleum products and lubricants) - The Buyer (Option: Client) buys the Product. You may also come across a type of agreement – ​​“agency agreement”, but we will consider this type of agreement separately in another chapter. The purchase and sale agreement (fuel) provides for the issuance of an invoice and invoice for the received fuel or UPD (a universal transfer document that combines the invoice and invoice.

Type of agreement: agency agreement

With this type of contract, the subject of the contract is not the Goods, the Service. That is, the contractor (agent) provides the service of refueling the Client (principal). The client in such an agreement may be called the “Principal”. The service consists in the fact that the Client receives the Goods at the gas station using fuel cards. This agreement describes in detail the contents of this service. Under such an agreement, the Agent provides the Principal with the agent’s report and invoice for the selected fuel.

In all agreements, “Terms are definition” is the very first paragraph; here the terminology used in the agreement is revealed. This clause needs to be read more carefully, otherwise it will not be clear what the agreement is about.

Subject of the agreement

Please note when ownership of the Goods passes from the Seller to the Buyer. This is usually when the Product is being drained into the car tank.

The most popular question for beginners using fuel cards is how to check how much fuel they will receive. The Buyer and Seller agree that the Seller’s processing accounting system will control the supply of fuel. In other words, the Buyer trusts the accounting processing system. If the Seller sends information about refueling to the Buyer, then the fuel card has been in the terminal and the refueling has been completed. That is, the Buyer received the fuel and the Buyer agrees with this. And this is the main meaning of the agreement.

Of course, the Seller can check whether the fuel was actually taken and in what assortment and quantity by asking his driver and checking with the cash receipt. (When refueling using a card, the cash register receipt comes out with a zero value, since the price of fuel is regulated not by the price at the gas station for cash, but by the contract). If there is a discrepancy, the Buyer can make a claim to the Seller, saying that no one, for example, received fuel or received it in a different quantity, but this fact will need to be proven to the Buyer. Therefore, priority in determining the receipt of fuel is on the Seller’s side and the buyer agrees with this.

Acceptance and transfer of fuel cards, procedure for obtaining fuel

This part of the agreement describes how you will receive fuel cards. (By application (a sample is included in the contract) and by power of attorney. And also how you will receive fuel at a gas station using cards, what kind of check they will give you (a check and instructions for using the card are also included in the contract).

Quality and quantity, range of petroleum products

This paragraph states that the fuel supplied by the supplier must be of high quality and comply with technical specifications and GOST. The amount of fuel is indicated on the delivery note. The billing period is a calendar month. How much fuel the buyer took using cards according to the Seller’s processing accounting system, the amount of fuel he receives in the invoice.

If, in addition to fuel, you need any services, for example, a car wash or tire service, toll payments or Goods, then this should also be reflected in the contract. Car wash and tire fitting are not a product, but a service, so an act of service must be issued for it.

If the fuel was found to be of poor quality, which led to a malfunction and repair of the car, then the Buyer can resolve the issue of compensation for damage. As a rule, this is done through the court. We need an independent examination of the fuel and a conclusion from the car service center that the breakdown occurred due to the fault of low-quality fuel. Having these documents, you can safely go to court.

Rights and obligations of the parties

Everything is simple here. The client is obliged to pay and sign reporting documents. The seller is obliged to supply fuel uninterruptedly and issue documents monthly. The buyer is obliged to sign the invoice in a timely manner and send it to the seller’s address.

This clause of the contract regulates possible cases of refusal to issue fuel by the seller. This may be a lack of funds in the Buyer’s account, a malfunction of the gas station or card acceptance terminal. And the buyer must use the cards correctly and generally comply with all the terms of the contract.

The buyer is required to provide copies of the organization's constituent documents and a copy of the general director's passport. These are the requirements of the tax office; before working with a new counterparty, it must be checked.

Prices for goods and payment procedures

This chapter sets the price of fuel. As a rule, this is the price at the gas station, the price at the “stella”. If there is a discount, then there should be a separate application where they sign up at which gas stations there will be a discount and what kind. There may be a table where the discount will depend on the number of liters you chose per calendar month. The clause specifies how the buyer pays. Makes an advance payment or pays with deferred payment. The deferred payment period is indicated. For example, it can be written like this: the buyer pays for the fuel selected by the Supplier in 10 calendar days, after which the Supplier issues an invoice and the Buyer pays for it, for example, in 3 calendar days.

The tariff may change. If market conditions are such that the seller cannot provide the discount agreed upon in the contract, then he notifies the Buyer by letter. The buyer can agree to this or terminate the contract.

Responsibility of the parties

This describes what sanctions may apply to the Seller and the Buyer. Usually these are mainly sanctions against the Buyer. They may be as follows: for failure to sign reporting documents - a fine, for failure to pay for fuel on time - a penny. Sanctions may be imposed on the seller for low-quality fuel, although usually the seller has no influence on this quality.

Force Majeure

This is a standard clause in the event of Force Majeure. Roughly speaking, in the event of force majeure, and these cases are transferred at this point, the contract will not be fulfilled. The buyer cannot pay, the Seller cannot supply fuel, of course, we cannot talk about any documents.

Settlement of disputes

Please note where the trial will take place. If you and the potential supplier are in different cities, then it is better to adjust the contract so that the case is considered at your location.

Also in that paragraph, the deadlines for submitting claims and the method of receiving them are usually indicated. If the claim was sent late, the Seller may not consider it. For example, a controversial situation arose over the amount of fuel supplied. The buyer did not write a claim on time and does not sign the invoice because he does not agree with the “verdict.” According to the contract, the Seller will have rights because if the buyer does not send a claim to the Seller on time and does not sign the invoice on time, and plays “silent”, then the invoice will be formally accepted by the buyer after 2 months, even if he has not signed it.

What to look for when studying a contract

• Very often, lawyers insert pieces from other contracts of other companies, forgetting to change “Supplier” to “Contractor”. And it turns out that in different places the “Supplier” becomes the “Company”, then the “Contractor” and so on. Please check that the “supplier” remains a “supplier” in all clauses of the contract.
• When indicating the price of fuel or fuel cards, the cost of the contract, there was always an indication that it was “including VAT” or “excluding VAT”.
• When indicating the period for issuing documents or the period for deferred payment, issuing an invoice to indicate which days are meant. May be calendar days or banking days.
• Pay attention to the cost of information or processing services
• Please note the deadline for issuing documents per calendar month.
• Card blocking period. This point is important because if your card is stolen or stolen and the blocking period is 48 hours, then you may be drained of all the fuel within the limit on the card. The online card blocking period is 10-15 minutes. If you still work with cards off-line, then do not make cards without limits in order to protect yourself from possible losses.

Specifics of the agreement on fuel cards in accordance with 44 Federal Laws

The agreement on fuel cards drawn up in accordance with 44 Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” basically repeats the standard agreement but with some features. Let's list them:

1. The item of purchase must contain an identification code number.
2. The contract must be urgent; it must strictly indicate the delivery time of the Goods. For example, from April 1, 2018 to December 31, 2018.
3. The cost of the contract must be stated in full, including VAT.
4. It must be clearly indicated that the price of this Agreement is fixed and is determined for the entire period of execution of this Agreement. Price changes during the execution of this Agreement are not permitted.
5. The payment procedure must be strictly specified.
6. The address for receiving fuel cards and documents is indicated.
7. Penalties against the supplier in case of dishonest execution of the contract are spelled out in detail.
8. The volume and nomenclature (types of fuel) of supply are precisely specified. Indicated in the specification for the contract.
9. The contract is accompanied by a Technical Specification, which describes in detail the subject of delivery (product), conditions, geography of gas stations, etc.

Specifics of the agreement on fuel cards in accordance with Federal Law 223

Unlike the agreement on cards according to 44FZ, the agreement under 223 Federal Law is closer to an agreement with commercial organizations and contains only two main requirements:

1. Enter the final price of the contract including VAT
2. It is necessary to indicate the date of completion of the contract

You can download a standard agreement on fuel cards in Word here Download the contract

The purchase of gasoline under 44-FZ is carried out by those customers who have motor vehicles in their stock. The purchase of fuels and lubricants under 44-FZ with the latest amendments is carried out in accordance with RF PP No. 19 dated 01/13/2014, taking into account the standards that came into force in 2019 (RF PP No. 387 dated 03/31/2018).

How to buy gasoline under 44-FZ, we will consider in more detail later in the article.

Choosing a method for determining the supplier

The purchase of fuels and lubricants according to 44-FZ is regulated by Part 2 of Art. 59 44-FZ.

In order to determine the method of government procurement, it is necessary to use the regulations established by the Federal Contract System. According to this provision, the contracting organization must conduct an electronic auction for those GWS that are included in.

The purchase of fuels and lubricants under the new rules implies the use of new codes of the all-Russian classifier of products by type of economic activity. In our case, the object of government procurement is fuel. This position refers to OKPD 2 19.20.21, which is included in the auction list, therefore the customer is obliged to conduct the auction by EA.

However, the organization also has the right to use the following procurement methods (Part 2 of Article 59 44-FZ):

• request for quotations;
• request for proposals, request for proposals in electronic form (starting from 07/01/2018);
• concluding a contract with a single supplier.

Thus, the purchase of gasoline under 44-FZ 2019 can be carried out using one of the four above methods for purchasing fuel.

We write down the formula for the price of gasoline

Now, starting from 04/11/2018, when preparing procurement documentation and concluding an agreement with the winner of the purchase, it is necessary to include a mandatory condition on the maximum price value. The contract price formula for the supply of gasoline is mandatory. If previously, when ordering fuel products according to OKPD2 19.20.21, it was indicated that the contract price is fixed and cannot be changed during the execution of contractual relations, then at the moment in the documentation and contract the price condition must be stated as follows (part 2 of article 34 44-FZ):

“The maximum value of the Contract price (MCmax) is the Contract price offered by the Supplier based on the results of the electronic auction (protocol of summing up the results of the electronic auction No. ___ dated “___” _______ 2019) and amounts to ________ rubles, including VAT _____% ___ rubles ( or without VAT).

Payment under this Contract is made by transferring funds to the Supplier's bank account for the goods actually delivered based on the invoice, invoice (if any) and delivery note signed by the Parties, according to the following Contract price formula..."

If these conditions are not included in the LO and in the contract, then the contractual relationship will be considered not concluded (clause 1 of Article 432 of the Civil Code of the Russian Federation).

The most understandable and most common formula for the price of gasoline 44-FZ is as follows:

It means that the fuel price paid by the customer for the period established by the contractual relationship is calculated by summing the products of selling prices per unit and delivery volumes for the delivery period.

This mathematical notation is convenient to use if the marginal cost value of one liter of gasoline is fixed.

When using this formula in the auction documentation, it is necessary to include a condition that the price per unit of fuel and lubricants should not be higher than the price that was determined based on the results of the auction procedures.

Thus, the provisions of the state contract indicate both the central price and the formula for determining it, and the maximum (maximum) price per unit (liter) of fuel and lubricants.

Let's present an example of a formula calculation.

The customer organization entered into a government contract in the amount of 500,000 rubles. The quantity of purchased goods - AI-92 gasoline - 12,000 liters. Accordingly, the MRP of one liter is 500,000 / 12,000 - 41.7 rubles. The delivery period is 6 months - from July to December 2019. Consequently, the organization used 2000 liters within one month. In July-October, purchased fuel and lubricants cost 41.7 rubles, and in November and December - 41 rubles. Accordingly, the cost of fuel under the contract, according to the formula, will be as follows:

TsK = Ts1 × V1 + Ts2 × V2 + Ts3 × V3 + Ts4 × V4 + Ts5 × V5 + Ts6 × V6.

CC = 41.7 rub. × 2000 l. + 41.7 rub. × 2000 l. + 41.7 rub. × 2000 l. + 41.7 rub. × 2000 l. + 41 rub. × 2000 l. + 41 rub. × 2000 l. = 333,600 + 164,000 = 497,600. Savings - 2,400 rubles.

Since the customer no longer needs to stipulate the condition that the Central Committee remains unchanged, now if a discrepancy is identified between the value of the supply and the maximum contract price, the contractual relationship can not be changed or terminated.

In accordance with current legislation, the customer organization has the right to use any CC formula convenient for it.

You can read more about existing formulas in our article.

Please note that Government Resolution No. 1074 of 09/08/2018 will soon come into effect, through which the FAS will approve the official formula for calculating gasoline. However, at the moment there is no single formula, and the customer has the right to use the most convenient mathematical notation for him.

The maximum central capital is established in accordance with Part 2 of Art. 70, part 17 art. 83 and, starting from 07/01/2018, part 2 of Art. 83.2 44-FZ - at the level of the price offer of the winner of the procurement procedures, with whom the contract is ultimately concluded.

When planning fuel purchases, the NMCC is calculated according to the general rule - based on the provisions.

We work with the product catalog (KTU)

The purchase of fuel is carried out in accordance with the current one in the Unified Information System

Information with detailed characteristics of the procurement object is posted in the Unified Information System and is applied from 04/01/2018.

The characteristics that describe a specific fuel in the catalog are octane number and environmental class. In order for the purchased gasoline to meet quality standards, a specific GOST can also be specified in the procurement documentation in order to comply with uniform requirements for the quality and safety of fuels and lubricants. GOST for fuel was approved by Gosstandart Resolution No. 404 of 12/09/1997.

The KTU provides two units of fuel measurement - liters and cubic decimeters. The customer has the right to choose one of them. In this case, it is not allowed to use names, values ​​and characteristics of GWS that are not recorded in the catalogue. For violation of this norm, the customer organization faces a fine in accordance with Part 4.2 of Art. 7.30 of the Code of Administrative Offenses of the Russian Federation in the amount of 3,000 rubles per official (Decision of the Mordovian OFAS No. 414 in case No. 356 of June 27, 2018).

We write down special conditions in the draft contract

After the purchase of gasoline is completed and the winner is determined based on the results of the competitive procedure, an agreement for the supply of fuel (gasoline, fuels and lubricants) is concluded with such participant.

It is also possible to purchase fuels and lubricants from a single supplier - according to the norms of clause 4, part 1, art. 93 44-FZ.

Even at the stage of preparing procurement documentation, a number of special conditions must be included in the draft contract in accordance with the specifics of the purchased product:

1. Delivery time - those periods during which the customer has a need for fuel consumption.
2. Delivery order. There are 3 possible options: pickup, delivery at the expense of the contractor, using plastic (fuel) cards.
3. Condition on the maximum central price and price formula.
4. Payment method and procedure - deferred payment or upon delivery.
5. Regulations for delivery and acceptance of products. At this point, it is necessary to approve shipping documents and documentation confirming the quality of the fuel (quality certificate, certificate of conformity).
6. Incurrence of liability for violation of the terms of the contract by the parties.
7. The duration of the contractual relationship and the possibility (impossibility) of concluding an additional agreement in the event of a need on the part of the customer.

Closing the contract

The contract will be considered fulfilled when the entire volume of fuel is supplied by the seller and paid for by the customer and all delivery and acceptance documents are signed by both parties. Information about execution and payment must be placed in the Unified Information System.

Fuel accounting at the customer organization is carried out on the basis of fuel cards, which reflect the volume of purchased fuel in liters. The card is issued to the responsible employee. The supplier must provide the customer with a monthly invoice for the consumption incurred and attach a consumption report.

The contract is closed based on the following documents:

• fuel card holder reports (receipts and waybills are attached);
• consumption reports from the supplier;
• invoices for fuel supply.

Also, the act of acceptance and internal examination can be receipts from the supplier.

All of the above documents do not have strict reporting forms and can be developed by the customer independently.