Conducting departmental control under 44 Federal Laws. Departmental procurement control: who checks and how

d) the correctness of determination and justification of the initial (maximum) price of the contract, the price of the contract concluded with sole supplier(contractor, performer), initial price of a unit of goods, work, service, initial sum of prices of units of goods, work, service;

Information about changes:

Subparagraph "e" was changed from August 7, 2019 - Resolution

e) compliance with information about identification codes procurement and non-exceeding volume financial security for the implementation of these procurements, information contained in procurement schedules, notices of procurement, protocols for identifying suppliers (contractors, performers), terms of draft contracts sent by procurement participants with whom contracts are concluded, in the register of contracts concluded by customers;

e) no longer in force on October 1, 2019. Changes apply to Russian Government Decree No. 973 of July 27, 2019

Information about changes:

Subparagraph "g" was changed from August 7, 2019 - Decree of the Government of Russia of July 27, 2019 N 973

g) providing institutions and enterprises of the penal system, organizations of disabled people with advantages in relation to the contract price they offer, the sum of prices of units of goods, work, services;

h) compliance with the requirements regarding the participation in procurement of small businesses that are socially oriented non-profit organizations;

i) compliance with the requirements for determining the supplier (contractor, performer);

j) no longer in force on August 7, 2019. The changes apply to relations related to the procurement of goods, works, services to ensure government and municipal needs, notices of the implementation of which are posted in the unified information system in the field of procurement or invitations to participate in which were sent after August 7, 2019 - Decree of the Government of Russia of July 27, 2019 N 973

k) application by the customer of liability measures and taking other actions in case of violation by the supplier (contractor, performer) of the terms of the contract;

l) compliance of the goods supplied, the work performed (its result) or the service provided with the terms of the contract;

m) timeliness, completeness and reliability of the reflection in accounting documents of the goods supplied, the work performed (its result) or the service rendered;

n) compliance of the use of the delivered goods, the work performed (its result) or the service provided for the purposes of the procurement.

4. Departmental control is carried out in accordance with the regulations approved by the departmental control body.

5. The departmental control body determines the composition of employees authorized to carry out departmental control.

6. Departmental control is carried out through on-site or documentary activities of departmental control.

7. Officials of departmental control bodies authorized to carry out departmental control measures must have higher education or additional professional education in the field of procurement.

8. On-site or documentary activities of departmental control are carried out on behalf of, order (instruction) of the head of the departmental control body or another person authorized by the head of the departmental control body.

9. The departmental control body notifies the customer about the implementation of a departmental control event by sending a notice of such an event (hereinafter referred to as the notification).

10. The notice must contain the following information:

a) the name of the customer to whom the notification is addressed;

b) the subject of the departmental control measure (issues being checked), including the period of time for which the customer’s activities are checked;

c) type of departmental control event (on-site or documentary);

d) the start date and end date of the departmental control event;

e) list of officials authorized to carry out departmental control measures;

f) a request for documents, information, and material resources necessary for the implementation of departmental control measures;

g) information on the need to provide conditions for conducting an on-site event of departmental control, including the provision of premises for work, communications and other means necessary funds and equipment for such an event.

11. The duration of the departmental control event cannot be more than 15 calendar days and can be extended only once for no more than 15 calendar days by decision of the head of the departmental control body or the person replacing him.

12. When carrying out departmental control activities, officials authorized to carry out departmental control have the right:

a) in the event of an on-site departmental control exercise for unhindered access to the territory, premises, buildings of the customer (in necessary cases for photography, video recording, copying documents) upon presentation by them service IDs and notifications taking into account legal requirements

b) to request documents necessary for carrying out departmental control activities, taking into account the requirements of the law Russian Federation on the protection of state secrets;

c) to receive the necessary explanations in writing, in the shape of electronic document and (or) orally on issues of the ongoing departmental control event.

13. Based on the results of the departmental control event, an inspection report is drawn up, which is signed by the official of the departmental control body responsible for carrying out the departmental control event, and presented to the head of the departmental control body or another person authorized by the head of departmental control.

When violations are identified as a result of departmental control activities, officials authorized to carry out departmental control activities, in the manner established by the regulations specified in paragraph 4 of these Rules, develop and approve a plan for eliminating the identified violations.

14. If, based on the results of inspections, actions (inactions) containing signs of administrative offense, the inspection materials are subject to forwarding to the relevant federal executive body authorized to exercise control in the field of procurement of goods (works, services) to meet state and municipal needs, and in the event of detection of actions (inaction) containing elements of a criminal offense - to law enforcement agencies organs.

15. Materials based on the results of departmental control activities, including the plan for eliminating identified violations specified in paragraph 13 of these Rules, as well as other documents and information received (developed) during the implementation of departmental control activities, are stored by the departmental control body for at least 3 years .

Departmental control in the field of procurement under 44-FZ ensures transparency - one of the main principles of public procurement. Read on to learn more about who controls and how and according to what rules.

What is it and who can check you

Departmental control is an internal check of compliance with legislation when conducting contract work. Chief managers carry out inspections budget funds. They check their subordinate institutions. For example, the Department of Education inspects schools, and the Department of Health inspects hospitals. Departmental control is carried out on the basis of Article 100 of Law No. 44-FZ, Decree of the Government of the Russian Federation of February 10, 2014 No. 89, local regulations of regional or local administration. In order to check, GRBS approves the order and determines the commission.

The verification lasts up to 30 days. The commission may come to you with an inspection, but will notify you in advance. The commission also checks remotely without visiting your institution.

What can be checked during departmental control?

Departmental control in your contract work checks the following:

Compliance national treatment during procurement;
Compliance with standards during procurement;
Justification of NMCC in procurement;
The adequacy of the funds allocated to you and the planning;
IKZ and financial resources in planning, procurement protocols and contracts;
Advantages for organizations of people with disabilities, penitentiary system, emergency medical service and social security organization during procurement;
Compliance with the procurement procedure;
When purchasing from a supplier, reports on the impossibility of using other procurement methods;
Application of fines and penalties in case of violations of the contract by the supplier;
Compliance of the delivered goods with the terms of the contract;
Documents on delivery and payment of goods;
Timely entry of information into the register of contracts.

What happens as a result of a departmental control audit

If, based on the results of the inspection, the commission finds violations on your part, it will indicate this in the inspection report. If the violations do not fall under administrative or criminal liability, then you eliminate them and notify them in writing controllers. If violations fall under fines, the commission transfers the inspection report to the financial control body.

The financial control body collects reports from all State Banking Registration Service and reports to the FAS. The FAS initiates unscheduled inspections for violations that have been established by departmental control and imposes a fine.

In practice, departmental control may come to you two or three times a year. If this happens, be sure to demand from the controllers a notification of the inspection and a report on the results of the inspection. In case of disagreement or an unscheduled inspection by the FAS, you will be able to submit documents and prove that you are right.

Departmental control: what will the auditors check and will they look at the reporting on contracts?

In addition to the FAS, the Accounts Chamber and the prosecutor's office, auditors may come to you with a departmental audit. Read how they choose, who to check, what documents they will look at, and why they are not always forced to correct violations.

What is it and who can check you

Departmental control is an internal check of compliance with legislation when conducting contract work. The audit is carried out by the main managers of budget funds. They check their subordinate institutions. For example, the Department of Education inspects schools, and the Department of Health inspects hospitals. Departmental control is carried out on the basis of Article 100 of Law No. 44-FZ, Decree of the Government of the Russian Federation of February 10, 2014 No. 89, local regulations of the regional or local administration. In order to check, GRBS approves the order and determines the commission.

The verification lasts up to 30 days. The commission may come to you with an inspection, but will notify you in advance. The commission also checks remotely without visiting your institution.

What can be checked during departmental control?

Departmental control in your contract work checks the following:

Compliance with the national regime in procurement;
Compliance with standards during procurement;
Justification of NMCC in procurement;
The adequacy of the funds allocated to you and the planning;
IPC and finance in planning, procurement protocols and contracts;
Advantages for organizations of people with disabilities, penitentiary system, emergency medical service and social security organization during procurement;
Compliance with the procurement procedure;
When purchasing from a supplier, reports on the impossibility of using other procurement methods;
Application of fines and penalties in case of violations of the contract by the supplier;
Compliance of the delivered goods with the terms of the contract;
Documents on delivery and payment of goods;
Timely entry of information into the register of contracts.

What happens as a result of a departmental control audit

If, based on the results of the inspection, the commission finds violations on your part, it will indicate this in the inspection report. If the violations do not fall under administrative or criminal liability, then you eliminate them and notify the controllers in writing. If violations fall under fines, the commission transfers the inspection report to the financial control body.

Departmental control: what will the auditors check and will they look at the reporting on contracts?

In this material you will learn: what is a departmental inspection during procurement under 44-FZ, how often such inspections are carried out and why ministries do not always limit themselves to documentary control.

Everyone comes under control during procurement within the framework of 44-FZ: customers, the contract manager and the entire contract service, the procurement commission and its members, operators of electronic trading platforms, as well as authorized institutions and specialized organizations(Part 2 of Article 99 of Law No. 44-FZ).

In addition to control bodies, compliance with the procedure for planning and conducting procurement by subordinate customers is checked by higher-level organizations. That's what it is departmentalcontrol .

Departmental control in procurement

Departmental control is carried out by employees of government agencies, Rosatom, Roscosmos, management bodies of state extra-budgetary funds and municipal bodies.

The rules for conducting departmental control were approved by Decree of the Government of the Russian Federation of February 10, 2014 No. 89 “On approval of the Rules for the implementation of departmental control in the field of procurement to meet federal needs.” Registered here General requirements to conduct departmental inspections.

In addition, each of the relevant ministries and departments approved and introduced their own control regulations in the field of procurement for government needs. Regulations for conducting inspections have been approved, for example, by the Ministry of Telecom and Mass Communications, the Ministry of Education and Science, the Ministry of Natural Resources and the Ministry of Culture, the Federal Air Transport Agency, Rosstat, Rospotrebnadzor, the Ministry of Health and the Ministry of Emergency Situations.

Control regulations approved by departments contain a detailed description of each stage of verification, their sequence and timing. The regulations also stipulate the composition of inspection commissions, the number of commission members and requirements for them, their rights and powers, as well as requirements for the preparation of results and reports.

General rules and mechanisms of departmental control

Departmental control is exercised not over the contractor, but over the subordinate customer and his contract service. Checks are carried out regarding their compliance with the norms of 44-FZ. In particular, compliance with the restrictions and prohibitions prescribed by law, the rules for justifying purchases and their validity, as well as the accuracy of determining the initial price of the contract are checked.

Documentary and on-site inspections under departmental control

Department employees can conduct both documentary and on-site inspections, but only by order of the head of the department. At the same time, they are obliged to notify the customer in advance about the planned inspection. Usually, cases of on-site inspections are listed in the departmental control regulations.

As an example, consider the Regulations for departmental control of the Ministry of Education and Science of the Russian Federation. According to the document, the ministry conducts on-site inspections to monitor the compliance of the delivered goods (work performed or service provided) with the terms of the contract.

The ministry also carries out on-site control when the data being verified is a state secret. The Ministry of Education and Science also conducts an on-site inspection on behalf of the minister or his authorized representative. official. In all other cases, the ministry limits itself to document checks.

Please note that according to Decree of the Government of the Russian Federation No. 89, during off-site events, the customer is obliged to allow inspectors access to the territory of his company. Photography, video shooting, and copying of documents are also permitted in some cases. And if the inspectors have questions, the customer is obliged to provide all explanations by mail or orally.

How long does a departmental inspection take under 44-FZ?

The RF PP No. 89 clearly defines the timing of departmental control - no longer than 15 days. The inspection period can be extended by a maximum of 15 more days, but only once and by decision of the head of the department.

Based on the results of the departmental inspection, a final act is drawn up, which records all the violations identified during the inspection. By the way, inspectors must report any detected offenses to the relevant authorities - the Prosecutor's Office or the Federal Antimonopoly Service.

Materials based on the results of such an audit must be stored in the relevant department or ministry for at least three years.

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Types of control

Federal law dated April 5, 2013 No. 44-FZ (hereinafter referred to as the law on the contract system) provide different kinds control over procurement. Control is carried out through scheduled and unscheduled inspections (law on the contract system). Who controls public procurement and what types of control exist are discussed in Table 3.

Table 3. Control over government procurement

Type of control

Who controls, performance features

Base

Procurement control

Subjects of control:

customers,
contract services,
contract managers,
procurement commissions and their members, – authorized bodies,
authorized institutions
specialized organizations,
operators electronic platforms

Control body in the field of state defense procurement,
The federal executive body authorized to exercise control in the field of procurement,
Executive authorities of a constituent entity of the Russian Federation,
Organs local government municipal district,
Local government bodies of the urban district authorized to exercise control in the field of procurement

According to the contract system law prerequisite is the inclusion in the contract of a clause on the responsibility of the customer and the supplier (contractor, performer) for non-performance or improper execution obligations stipulated by the contract ().

The responsibility of customers during joint tenders or auctions is determined by agreement of the parties, concluded in accordance with the Civil Code of the Russian Federation and the law on the contract system ().

Suppliers, according to concluded contracts, must bear civil liability if they have not fulfilled the conditions for attracting subcontractors and co-contractors from among small businesses and socially oriented non-profit organizations ().

If the initial price of the contract exceeds the amount established by the government of the Russian Federation, then according to the contract the participant must provide the customer with the most complete information about its beneficiaries (director, general director, manager, president and others) no later than seven days before the date of conclusion of the contract. The contract must provide for the liability of the supplier (contractor, performer) for failure to provide such information in the form of collecting a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the date of payment of the penalty, of the contract price. The penalty is subject to accrual for each day of delay in fulfilling such an obligation until the supplier (contractor, performer) provides the specified information to the customer ().

In turn, the customer is obliged to ensure the confidentiality of this information and its provision at the request of control authorities and law enforcement ().

Audit and monitoring in the field of procurement

Procurement audits are carried out Accounts Chamber of the Russian Federation, control and accounting bodies of the constituent entities of the Russian Federation, formed by legislative (representative) bodies state power subjects of the Russian Federation, and control and accounting bodies municipalities(if such bodies are formed in municipalities), formed by representative bodies of municipalities (law on the contract system).

Audit bodies in the field of procurement carry out expert-analytical, information and other activities through verification, analysis and evaluation of information on the legality, appropriateness, validity, timeliness, efficiency and effectiveness of procurement costs for planned, concluded and executed contracts. Next, they summarize the results of activities, establish the causes of identified deviations, violations and shortcomings, prepare proposals aimed at eliminating them and improving the contract system in the field of procurement, systematize information on the implementation of these proposals and place generalized information about such results in a unified information system ( law on the contract system).

To assess the degree of achievement of procurement goals defined in accordance with the law on the contract system, assess the validity of procurement in accordance with the law on the contract system, improve the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, procurement monitoring is carried out (law on the contract system ).

It is a system of observations in the field of procurement carried out on permanent basis through the collection, synthesis, systematization and evaluation of information on procurement, including the implementation of procurement plans and schedules.

Procurement monitoring is carried out using a unified information system and based on the information contained in it.

The results of procurement monitoring at the end of each year will be presented in the form of a summary analytical report, which will be presented federal body executive power to regulate the contract system in the field of procurement in the government of the Russian Federation. The summary analytical report assesses the effectiveness of meeting state and municipal needs, and also identifies measures to improve the legislation of the Russian Federation and other regulations on the contract system in the field of procurement. The summary analytical report will be posted in a unified information system.

About what a single Information system, what basic principles govern the contract system, how planning is carried out in the contract system, read.