Provision of services for the maintenance of a secure data transmission network of the federal and regional levels of the federal service for state registration, cadastre and cartography. Provision of services for the maintenance of a secure data transmission network of federal and regional

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 bodies executive power (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 paragraph 2 of Part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On contract system in the field of procurement of goods, works, services for the provision of state and municipal needs" (Further - " Law N 44-FZ "):

1. Purchase from a single contractor can carried out by the customer in the case of: 2) procurement for state needs from sole supplierdetermined by decree or order of the President Russian Federation.

Such legal acts indicate subject of contract, and may also specify the deadline for which the contract is concluded, and the obligation of the customer to establish a requirement to enforce the contract. When preparing drafts of these legal acts, such drafts shall be accompanied by a justification of 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 determining suppliers." (Letter dated February 3, 2015 N АЦ / 4119/15).

The orders indicate the following telecommunication services:

Telephone:
- local (excluding payphones and funds collective access);
- long distance and international;
- intrazonal;
- in a dedicated communication network;
Data transfer;
Telematic;
Providing communication channels;
Wired radio broadcasting;
Telegraph.

In fact, out of 19 types of telecommunication services provided for in the List, approved by government decree No. 87 of February 18, 2014, only 9 types were excluded, and from the most popular - cellular (mobile radiotelephone) communications and television broadcasting.

At the same time, the Ministry of Economic Development of Russia 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).

A similar position is taken by the FAS Russia, indicating in the responses to the Telecommunications Operators the possibility of using the state customer provided for in Part 1 of Art. 24. Law No. 44-FZ "competitive methods for determining suppliers".

Therefore, given thatthat 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 the tender procedures.

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 - "), PJSC Rostelecom in 2018 was recognized as the only provider of telecommunications 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 paragraph 2 of Part 1 of Art. 93 of the federal law of April 5, 2013 N 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - " Law N 44-FZ "):

"one. Purchase from a single contractor can carried out by the customer in the event of: 2) procurement for state needs from a single supplier, determined by a decree or order of the President of the Russian Federation.

Such legal acts specify subject of contract, and may also specify the deadline for which the contract is concluded, and the obligation of the customer to establish a requirement to enforce the contract. When preparing drafts of the said legal acts, such drafts shall be accompanied by a justification of the contract price in accordance with the provisions of Article 22 of this Federal Law. "

At the same time, FAS Russia explained earlier: “... a 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 determining suppliers. "

The orders indicate the following telecommunication services:

1) Telephone:

Local (except for payphones and public access facilities);

- intercity and international;

- intrazonal;

- in a dedicated communication network;

2) Data transmission;

3) Telematic;

4) Provision of communication channels

5) Wired radio broadcasting

6) Telegraphic.

At the same time, the Ministry of Economic Development of Russia has repeatedly indicated: “purchase from a single contractor is a right, and not the responsibility of the customer«.

Therefore, given thatthat 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 the tender 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

12/20/2017 15:12, Omsk region, website:

The Omsk OFAS Russia receives applications regarding the possibility of concluding agreements with a single contractor for the provision of communication services.

Earlier, PJSC Rostelecom sent an information letter to the customers with the following content:

“To determine on the basis of clause 2 of part of Article 93 of the Federal Law of 05.04. 2013 № 44 - FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" joint-Stock Company long-distance and international telecommunications Rostelecom is the only contractor for procurement of services carried out in 2017 and 2018 by state customers and subordinate institutions in accordance with the presented justification for the contract price: local telephone communication (except for services using payphones and public access facilities); long-distance and international telephone communication; telephone communication in a dedicated communication network; intrazonal telephone communication; telegraph communication; communications for wire broadcasting purposes; data transmission links; 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 operates within the framework of the powers granted by the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works and services for ensuring state and municipal needs "(hereinafter referred to as the Federal Law on the Contract System) and the Regulation on territorial body Of the Federal Antimonopoly Service, approved by order of the Federal Antimonopoly Service of July 23, 2015 No. 649/15, and at the same time is not entitled to provide clarifications on the enforcement of the Federal Law on 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 of determining 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 is not entitled to perform actions that entail an unreasonable reduction in the number of participants in the procurement.

Clause 1 of Part 1 of Article 93 of the Federal Law on the Contract System provides for the supply of goods, the performance of work, the provision of services related to the scope of activities of natural monopoly entities in accordance with the federal law of 17.08.1995 No. 147-FZ "On natural monopolies" (hereinafter - the Law on natural monopolies).

According to part 1 of Article 4 of the Law on Natural Monopolies, the sphere of activity of subjects of natural monopolies includes services of public telecommunications and public postal services.

The list of public telecommunication services was approved by the Decree of the Government of the Russian Federation dated October 24, 2005 No. 637 “On government regulation tariffs for public telecommunication 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 dated 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 actsthat affect the rights, freedoms and obligations of a person and a citizen cannot be applied if they are not officially published for general information.

In accordance with clause 1 of the Decree of the President of the Russian Federation dated May 23, 1996 No. 763 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" (hereinafter - 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) are 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 clause 2 of Decree No. 763, acts of the President of the Russian Federation and acts of the Government of the Russian Federation within 10 days after the day of their signing are subject to official publication in " Russian newspaper", Collected Legislation of the Russian Federation and on the" Official Internet Portal of Legal Information "(www.pravo.gov.ru), the functioning of which is provided by the Federal Security Service of the Russian Federation.

By general rule, established by clause 5 of Decree No. 763, acts of the President of the Russian Federation, which are of a normative nature, enter into force simultaneously throughout the territory of the Russian Federation after seven days after the day of their first official publication.

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Other tenders during this time period

General procurement information

EIS purchase number 0173100010917000077
Supplier identification method Purchase from a single supplier (contractor, contractor)
Placing an order is carried out Customer
Accommodation is carried out
Tender name

Contact Information

Accommodation is carried out FEDERAL SERVICE OF STATE REGISTRATION, CADASTRA AND CARTOGRAPHY
Location Russian Federation, 109830, Moscow, VORONTSOVO POLE STR, 4A
Mailing address Russian Federation, 101000, Moscow, Chistoprudny Boulevard, 6/19
Responsible executive Pridankin Andrey Borisovich

Information about the procurement procedure

Restriction of participation in determining a 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 No. 44 of 05.04.2013 -FZ "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs", on the basis of 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 ruble
Source of financing Federal budget
Customer organization number 01731000109
Customer organization FEDERAL SERVICE OF STATE REGISTRATION, CADASTRA AND CARTOGRAPHY

Contract conditions

Delivery location is available only for subscribed users
Terms of delivery of goods or completion of work or schedule of services stage 1 - from the date of signing the state contract to 15.11.2017, stage 2 - from the end date of stage 1 to 15.12.2017, stage 3 - from the end date of stage 2 to 31.12.2017

Enforcement of the contract

Enforcement required
The amount of the contract security 99,000,000 Russian ruble
The procedure for providing security for the execution of a contract, requirements for security, information on bank support of the contract Security for the performance of the contract is provided to the Customer before the conclusion of the contract. Security for the execution of the contract can be presented in the form of a bank guarantee issued by the bank and meeting the requirements article 45 of the Law, or the introduction money to the account specified by the Customer, on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the Customer are accounted for. The method of ensuring the execution of the contract is determined by the contractor with whom the contract is concluded independently. The term of the bank guarantee must exceed the term of the contract by at least 1 (One) month. The contract is concluded after the contractor, with whom the contract is concluded, provides for the execution of the contract. If the contractor, with whom the contract is concluded, fails to provide for the execution of the contract within the period established for the conclusion of the contract, such a participant is considered to have evaded the conclusion of 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 has chosen to deposit funds to the customer's account as a method of securing the execution of the contract, the security for the execution of the contract is returned to the contractor to the bank account specified in the contract, after the parties have signed the acceptance certificate for the work performed for reporting period (stage), the act of delivery and acceptance of services rendered for the reporting period (stage), the certificate of delivery and acceptance of licenses (subscription) for the reporting period (stage) and the Contractor's fulfillment of its obligations under the contract within 30 (Thirty) calendar days from the date of receipt by the customer written request from the contractor.
Payment details to ensure the execution of the contract: p / c 40302810900001001901 l / s 05951003210 BIK 044501002

Information about the object of purchase

Name of goods, works, services: Provision of services for the maintenance of a secure data transmission network of the federal and regional levels of the Federal Service state registration, inventory and cartography
Amount: 1.00 (Unit of measurement: USL ED)
Price per unit: 330,000,000 Russian ruble
Cost: 330,000,000 Russian ruble
OKPD2 code: 61.10.30.190 (Other data transmission services over wired telecommunication networks)

Total: 330 000 000 Russian ruble

When exercising state control in the field of procurement of goods, works, services to meet state and municipal needs, the Omsk OFAS Russia operates within the framework of the powers granted by the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works and services for ensuring 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 No. 649/15 dated July 23, 2015, and at the same time is not entitled to provide explanations on the enforcement of the Federal Law about the contract system.

official publication
Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

and orders of the President of the Russian Federation are subject to mandatory official publication information, information of a confidential nature.

The Omsk OFAS Russia receives applications regarding the possibility of concluding agreements with a single contractor for the provision of communication services.

Earlier, PJSC Rostelecom sent an information letter to the customers with the following content:

“To determine on the basis of clause 2 of part of Article 93 of the Federal Law of 05.04. 2013 No. 44 - FZ "On the contractual 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 telecommunications "Rostelecom" is the sole contractor of state customers and subordinate institutions carried out in 2017 and 2018 procurement of services in accordance with the presented justification of the contract price: local telephone communication (except for services using payphones and public access facilities); long-distance and international telephone communication; telephone communication in a dedicated communication network; intrazonal telephone communication; telegraph communication; communications for wire broadcasting purposes; data transmission links; 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 operates within the framework of the powers granted by the Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works and services for ensuring 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 No. 649/15 of 23.07.2015, and at the same time, it is not entitled to provide explanations on the enforcement of the Federal Law on the Contract System.

At the same time, the antimonopoly authority considers it possible to express its position on the above issue.

According to part 1 of Article 4 of the Law on Natural Monopolies, the sphere of activity of subjects of natural monopolies includes services of public telecommunications and public postal services.

The list of public telecommunication services was approved by the 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.

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 normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information..

According to clause 2 of Decree No. 763, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, within 10 days after the day of their signing, are subject to official publication in Rossiyskaya Gazeta, Collected Legislation of the Russian Federation and on the Official Internet Portal of Legal Information (www.pravo .gov.ru), which is operated by the Federal Security Service of the Russian Federation.

According to the general rule established by clause 5 of Decree No. 763, acts of the President of the Russian Federation, which are of a regulatory nature, enter into force simultaneously throughout the territory of the Russian Federation seven days after the day of their first official publication.

At the same time, the Order of the President of the Russian Federation dated 06.08.2017 No. 285-rp, which PJSC Rostelecom refers to, has not been officially published.

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