The contract system of state and municipal procurement is regulated by law. In relation to this system, a huge number of rules and requirements apply. The most important element here is the examination. According to 44-FZ, this is a set of special events necessary for the registration of goods, services and works. It is about the examination and the entire procurement system that will be discussed in this article.
General characteristic 44-FZ
According to Article 1, the subject of the normative act under consideration is relations in the field of ensuring the regional and federal needs of the Russian Federation. In particular, the law deals with the following phenomena and processes:
- high-quality work to identify suppliers, contractors and contractors;
- planning for the procurement of services, goods or work;
- audit in the field of procurement;
- monitoring;
- conclusion of special civil contracts upon purchase;
- implementation of work of the control and supervision type in compliance with Russian legislation.
The presented federal law must strictly comply with constitutional norms.
About the procurement system
What is a contract system in the field of state and municipal procurement? The law states the totality of the participants in the system and the procurement actions they carry out aimed at fulfilling the needs of a federal or regional nature. In the contract system, an important element is the search for a contractor - a person capable and willing to provide certain services. It is with a contractor or with a person who is ready to sell a certain product that a contract is concluded on a contract basis. In this case, the state or municipal customer is the relevant authority endowed with authority.
All actions of participants in the contract procurement system are reflected in a single information system. Here there is data on the annual volume of purchases, on the total amount of costs, on the cost of goods and services received, etc.
Separately, it is worth noting the need to attract special experts in the implementation of procurement activities. Expertise in 44-FZ is needed to study and evaluate the subject of the transaction, as well as to prepare expert opinions on the procurement participants.
What principles is the system based on?
Under 44-FZ, examination, purchase and sale, recording information in a special register and other actions that make up the entire procurement process should be based on a number of special principles. In this case, principles are understood as various kinds of conditions, ideas and beliefs, from which in no case can be derogated. Here are some points to note here:
- the principle of high-quality organization of electronic document management in the system;
- the principle of ensuring healthy competition;
- principles of openness, transparency and publicity;
- the principle of professionalism of the parties to the transaction;
- the principle of stimulating innovative work;
- principle of responsibility for the effectiveness of procurement;
- principles of humanity and compliance with the laws of the Russian Federation;
- the principle of applying the national regime, etc.
It is on all the principles presented above that the system for the execution, modification or liquidation of contracts is based.
On contract execution
Article 94 of the normative act under consideration sets forth the norms in accordance with which a contract for the implementation of procurements of a state or regional nature must be drawn up, registered and accepted.
The process of execution of the contract agreement consists of a number of special measures that are implemented after the conclusion of the document and are aimed at the implementation of procurement actions. This includes ways for the supplier to interact with the customer in accordance with Russian law. Here are some highlights:
- the process of acceptance of the delivered goods, performed services or work;
- payment by the customer of a service, work or product;
- interaction of the customer with the supplier, contractor or contractor upon termination or amendment of the contract.
The responsibilities of the supplier include the timely provision of the customer with reliable information about the conditions of the contract. In this case, the contractor must qualitatively implement all the obligations prescribed in the document.
Paragraphs 6-12 of Article 94 of the normative act in question describe the creation by the customer of a special acceptance committee, the acceptance of the results of the contract in stages, reporting, etc. An important place here is examination. According to 44-FZ, this is a series of measures to verify the delivered goods or services. It is about the expert work that will be described later.
About examination
How is the examination under 44-FZ implemented? The answer to this question is provided by paragraphs 3-5 of article 94 of the law in question. According to the regulatory act, expert work can be carried out both by the customer himself and by a special expert commission, the services of which must be used in a timely manner.
Naturally, it is far from always possible to carry out expert work yourself; even more so when it comes to such an important customer as the state or its specific region. The procedure for conducting expert work is determined by the Russian Government.
When is expert work necessary?
According to the law, the requirements for the implementation of expert checks are not valid in cases when it comes to the purchase of goods, services or works, fixed on the official website on the Internet. All the rest, one might say, unplanned purchases must be checked with the help of an expert commission.
Why do they conduct an examination? The law talks about checking the results of work performed by contractors for compliance with the standards established in the contract. Expert work is always carried out either at the time of acceptance, or when checking the services provided.
As you know, the fulfillment of obligations or the purchase of certain goods may be phased in nature. In this case, the examination should be carried out for each specific stage. It is worth paying attention to situations where phasing is not specified in the contract, but in practice it still has to be addressed. In this case, expert work still needs to be carried out in stages.
About attracting experts
For customers, the question often arises: how exactly is it worth to carry out expert work? You can do everything on your own - cheaply, but quite possibly not very high quality, but it is possible with the help of specialists - professionally, but with payment for services. Naturally, most customers choose the first option. Especially when it comes to regional or federal authorities, where often there are headquarters in which experts are able to carry out expert activities. But what does the law say? According to part 4 of article 94 No. 44-FZ, the mandatory involvement of experts is necessary in situations where the procurement of goods or services is carried out from only one supplier. Exceptions here may be only the following cases:
- procurement is carried out by the experts themselves;
- the subject of procurement are projects of capital construction projects or the results of the work of engineers who have passed state or non-state expertise.
In all other cases, internal expertise is allowed under 44-FZ, that is, without the involvement of outside commissions.
How exactly is it necessary to work with experts? The law establishes a special procedure in which the relevant commissions registered in state registers are able to request additional materials from suppliers and customers related to the terms of the contract. The results of the expert work must be presented in a special document (44- - the act of examination), which is signed both by the customer and the representative of the expert commission. If violations are detected at the time of acceptance or during inspection work, a corresponding complaint may be filed, in which the specific term for their elimination must be indicated.
Internal expertise on 44-FZ (design sample)
Under 44-FZ, internal expert work is possible only with strict observance of the norms of the law, which establish the following:
- the head of the organization (he is the customer) forms and registers the order on the creation of an expert commission;
- the commission should include at least 5 people;
- the order contains the number and subject of the contract document, as well as the dates and stages of the expert work;
- acceptance is still carried out within the deadlines established in the contract.
Subject to these conditions, an expert assessment of 44-FZ is possible on its own. In the case of the absence of external experts, the document on the acceptance of the goods is at the same time an act on expert work. The Regulation on Examination (44-FZ) states that the act should be placed in the state information system on the Internet.
Writing a statement
Examination is carried out as part of an ordinary civil contract. Based on the results of internal expert work, the customer is required to draw up and submit to the information register only one document, including data on acceptance and examination. The involvement of third-party experts entails the creation of the following documents:
- acceptance certificate;
- examination certificate;
- conclusion on the examination.
The report (the act on expert work) includes information on the execution of the contract and the terms, on violations and measures of responsibility taken, as well as on changes, if any, were made to the contract. The expert opinion on 44- includes estimated data on this or that product, service or work.