From January 1, 2014, federal law dated April 04, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services for state and municipal needs" came into force. A distinctive feature of the new legislative regulation of procurement for state and municipal needs is a change in priorities, the main goal is proclaimed increasing the efficiency, the effectiveness of the purchase of goods, works, services, and not the savings of budget funds and extrabudgetary sources of financing.
With the entry into force of the Federal Law No. 44-FZ, the situation in terms of personnel support of the procurement process has changed radically. For the first time, one of the basic principles of the contracting system in the field of procurement proclaimed the principle of the customer's professionalism, providing for the implementation of the Customer's activities, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the sphere of procurement.
The employees of the contract service, as well as the contract managers, establishes a legislative requirement that such employees should have a higher education or additional vocational education in the sphere of procurement.
The changes affected the qualification requirements imposed on the composition of the Procurement Commission, from January 1, 2014, the Customer must include mainly persons who have passed professional retraining or advanced training in the field of procurement.
The objectives of advanced training are:
Procurement specialists must undergo 44-FZ training. This is not a whim of customers, but the requirement of the law. There are many training options for work on 44-FZ. We will tell you more about them in the article.
According to the recommendations of the Ministry of Economic Development, contract managers, managers and specialists of contractual services must be trained in procurement of 44-FZ. Namely to listen to the courses "Management of state and municipal procurement" (volume of at least 108 hours) or undergo professional training (at least 250 hours).
The training of the contract manager of 44-FZ covers all aspects of the state order. Experts are learn to work in EIS, placement and change of documentation, drawing up plans and schedules, choosing a method for determining the supplier, regulations for procurement procedures, reporting and much more. Also during training, it is taught to work with suppliers, representatives of regulatory bodies and other procurement participants.
Please note that since 2017 it is impossible to work as a procurement specialist, having only a certificate of the contract manager, which is issued after the passage of short-term courses.
You can undergo training in the field of purchases of 44-FZ on the basis of universities. It happens full-time and absentee. The course of lectures usually goes 8-11 days. The advantages of such a type of teaching training 44-FZ will take the opportunity to ask questions directly to the teacher, communicate with colleagues. However, there are disadvantages. One of them is spending time and increased cost of offline training.
You can choose distance learning to state procurements of 44-ФЗ. It is cheaper and occupies a much less time. As a rule, participants provide webinar recordings to see which you can at any time.
We offer high-quality training on 44-ФЗ with the issuance of a diploma. Our advantages:
There is also a variant of independent training of 44-ФЗ, but it can only act as an additional education. On the EIS website in the "Documents" section, users are available to users:
In the example of judicial practice, we will show why the lack of training on 44-ФЗ does not exempt the contract manager from responsibility. Consider the decision of the Yalystinsky District Court of July 25, 2017 in case number 12-11 / 2017. The customer and the participant concluded a contract for the reconstruction of the FBU building of the FBU "Yashlitinskaya Hospital Colony of the Office of the Federal Punishment Service of the Republic of Kalmykia". The State Contract was successful. However, the report to EIS has not placed. Later he appeared in the system, but late for 288 days.
The responsibility for posting reports was on the contract manager. After checking, the prosecutor opened the case of an administrative offense at part 1.4 of Article 7.30 of the Administrative Code of the Russian Federation. He was sent to the control of the FAS for consideration on the merits. By the decision of the head of Kalmyk Ufas Russia, the contract manager was found guilty of committing an administrative offense. He was fined 15 thousand rubles.
With the punishment, the specialist did not agree and appealed to the court with a complaint. He focused on the fact that the contract manager and contractual workers should have a higher or additional education in the sphere of procurement. His for the position was appointed by order of the head of the Yalystinsky RMM. At the same time, specialist has no profile education. In his opinion, the decision to impose the responsibilities of the contract manager on a person who does not have higher professional or additional education in the sphere of procurement is invalid.
However, the court decided differently. In his opinion, the actions of the specialist are correctly qualified at part 1.4 of Article 7.30 of the Administrative Code of the Russian Federation. He was in the position of the contract manager and did not post a report in EIS, which is his direct responsibility. As a result, the complaint was not satisfied.
"" Invites the training of training managers in the field of procurement management.
Training oriented:
During the procurement manager courses, you will get practical skills to conduct state procurement, and also get acquainted with the full theoretical legislative basis.
As a result of training for purchases based on 44-FZ and 223-FZ, you can:
Both of these law are aimed at regulating procurement activities, but they have enough serious differences in their content. Therefore, courses and seminars on state procurements of 44-FZ, as well as comprehensive classes of 44-FZ and 223-FZ differ significantly.
According to 223-ФЗ, the customer may be a budgetary institution or an enterprise with a share of state participation of at least 50%. The law provides only general ideas about the formation of procurement - it is understood that the company personally develops provisions in which the requirements for suppliers will be spelled out. If your activities are related to procurement, which is carried out in accordance with this law, then seminars and advanced training courses are relevant for the integrated development of the material on 223-FZ and 44-FZ.
On 44-ФЗ, the customer can only be a municipal or state enterprise. In addition, the law clearly spelled out all the stages and the regulations of the transaction, the violation of which may entail cancellation of procurement.
The differences 44-FZ and 223-FZ are also included in the following:
In courses for public procurement for customers and suppliers you can study in detail all the features and differences of laws.
« Institute of Professional Contract Management»Offers several options for courses of various duration:
Depending on the goals that you set before you, you can choose one or another option to receive tenders and the organization of state procurement. If necessary, our specialists will advise you on all issues related to learning and help choose the most suitable course of courses.
According to the results of the successful passage of courses, you will receive a corresponding certificate confirming your qualifications.
Courses Manager for purchasing on 223-FZ and 44-FZ allow:
Procurement seminars on 44-FZ allows:
The CCC is implementing high-quality and comprehensive programs for contract managers. Training is carried out in part-time form or in the form of a full-time webinar.
In our Institute in Moscow, you can go through both basic training in 223-FZ and 44-FZ, and in-depth public procurement courses, designed for specialists with experience. Courses are respectively separated by level and purpose. The learning process is set up comprehensively and systematically to convey all aspects of the procurement management process to specialists.
« Institute of Professional Contract Management"Invites everyone to learn a new professional sphere or raise qualifications in the implementation of public procurement.
Qualifications for 44-FZ
"Tomorrow in the regulatory legal regulation of the contract system. A look into the future"
A unique program dedicated to changes in the contract system
The coming year has been presented to procurers working according to the rules of law No. 44-FZ, regular procedural and organizational innovations.
Changes in regulation of procurement under Federal Law No. 44-FZ FZ "On the contract system in the field of procurement of goods, works, services for state and municipal needs" will lead to the need to rebuild the procurement cycle and processing existing local acts of customer organizations. Already today we propose to develop an algorithm "seamless" transition to procurement under the new rules.
Practical guide to action at the seminar
Discuss the changes in which we will live from July 1 and January 1
44-FZ.. "Innovation of the Contract System: Changes in 2018, the organization of procurement processes, building an effective procurement system. Development of behavior strategy: manual for action. " Features of the prosecutor's response in identifying violations of 44-ФЗ, information support for procurement and violations of the rights of economic entities
Key seminar questions:
9.30-10.00 - Registration
10.00-17.00
10.00-17.00
13.00-14.00 lunch
Key methods of group work:
Forsyt session moderator:Plastinina E.A., Ph.D., Corresponding Member. Raen, head of the State and Municipal Department of the Pastukhov Academy.
09.30-10.00 Registration
13.00-14.00 - Lunch
10.00-17.00
Development of the contract system in 2017-2018: ways to solve ambiguous practice issues, analysis of the detected violations, preparation for the innovations of 2018. Expansion of control functions. The results of the prosecutor's checks of the execution of procurement legislation in 2017: the features of the prosecutor's response in identifying violations of 44-FZ, information support for procurement and violations of the rights of economic entities
1. Expansion of procurement control functions using data from information systems in 2018
1.1. Points analyzed by monitoring EIS information for control purposes ( compliance with the description of the procurement object in terms of graphics and notification; Violation of the exposure time of notices regarding the last dates to change the position of the grain plan (earlier 10 days); compliance of OKPD 2 in the notice and plan schedule; compliance with the description of the procurement object in the contract and notice; Analysis of the term of execution of a contract for less than one month, etc..);
1.1.2..Reviewed system of automatic control of information posted by customers in the EIS to minimize violations arising from technical errors and errors due to the "human factor";
1.1.3. Search engines and means of automated data collection in the Internet network, as well as technological (technical and software) EIS funds as proof of violations;
1.2. Suppresiency of the information posted in EIS ( the possibility of incorrect indication by the Customer of Contract Information Information; the ability to attach to one register number of procurement of several contracts with various registry numbers; posting information in procrators for procurement not in structured form; Note in the email address notes and contact phone numbers are not appropriate true, etc..);
1.3. Creation of an information system for the methodological support of the activities of contract managers (contract services): Announcement of practical implementation in order to increase the execution of persons carrying out permissions in the field of procurement
1.4. Unification of procurement through the introduction of the catalog of goods, works, services: the practical significance of the information "temporary" catalog of goods, works, services operating in the EIS;
1.4.1. Arrest practical implementation of classifiers of procurement objects with regional customers: Evaluation of effectiveness from the position of control and counting bodies;
1.5. Documents and placed by customers in EIS ( fuzzy format, poor image quality, fuzzy image, blur, familiarization exclusively using Foft Reader programs, ABBYY FineReader, Foxit Phantom PDF, lack of pages in documentation, no possibility of downloading technical tasks, etc..): The positions of the central office and the territorial bodies of the FAS Russia, the Accounts Chamber of the Russian Federation and activists of the All-Russian Popular Front in cooperation with the prosecutor's office;
1.6. Compliance with the federal law of 06.04.2011 No. 63-FZ "On Electronic Signature" and Law No. 44-FZ ( placement by contract managers of documents using the head of the head, the use of EDS by persons not consistent in customers, etc.)
1.6.1. The admissibility of restrictions in the form of the claim for the payment of the payment of the monetary amount on a bank guarantee is exclusively in writing on paper;
1.6.2. Extracts from an incorporation, signed by a reinforced by a qualified electronic signature, in the form of an electronic document and printed on paper as part of the application as a basis for accepting an application;
1.6.3. The condition for concluding a contract in paper based on the results of an electronic auction as compliance with the requirements No. 44-FZ.
2. Results of prosecutor's checks Execution of procurement legislation in 2017: Features of the prosecutor's response in identifying violations of 44-FZ, information support for procurement and violations of the rights of economic entities
2.1. The exercises of customers in the implementation of 44-FZ, opened by the supervisory department: cancellation of trading at the request of the prosecutor's office and the purpose of transferring prosecutor's checks in the Ministry of Internal Affairs and the FSB of Russia;
2.1.1. Non-integrated selection by customers of non-competitive ways to determine suppliers, contractors, performers;
2.1.2 .. Sadzor timeliness of payment of actually delivered goods, work performed, services rendered;
2.1.3. "Counter" rechecking facts of attracting by contractors by a subcontractor from the SMP, Sono in a volume other than the terms of the contract, with the appointment of fines on legal entities of up to 200,000 rubles.
2.2..Remocity discretionary powers of procurement (acceptance) commissions and other corruption risks of procurement activities;
2.3.Faffiliation and conflict of interest in the conclusion and execution of contracts: illegal remuneration on behalf of legal entities and penalties in the amount of fines from 1 million rubles, etc.;
2.3.1... The right of work of work, providing services by concluding contracts with full-time customer employees (chief accountant, deputy. Chief Accountant, Programmer, etc.): Customer Protection Tactics;
2.3.2. Challenging the facts of kinship of participants and organizers of procurement: criteria for the insolvency of the arguments of the guilty officials;
2.4. Conducting illegal procurement, as well as the specifics of the consideration of the protests of the prosecutor's office, submission and requirements for the elimination of violations identified by the supervisory authority;
2.4.1. Intentional failure to fulfill the customers of the legitimate requirements of the prosecutor's office and assess the effectiveness of response measures to specific examples;
2.4.2. Failure to submit documents for the request of the control body and the circumstances excluding officials in the actions of officials, the responsibility for which includes part 1 of Art. 19.7.2 Administrative Code;
2.5. Prosecutors of the prosecutor's office for solving officials of the FAS Russia in terms of termination of administrative proceedings and not applications to customers of fines based on the results of prosecutor's checks;
3. Results of verification of legality, validity, timeliness, efficiency and effectiveness of procurement costs by conducting a procurement audit in 2017 ( art. 98 of the COP Act): Causes of violations detected in the course of expert and analytical and control measures of the Accounts Chamber of the Russian Federation and the Control and Accounts (CSR) of the subjects of the Russian Federation and municipalities, as well as the lack of clear powers of the audit organs in the sphere of procurement and duplication of functions assigned to the audit organs and procurement control bodies
3.1. Eggitive and positive trends in the development of the contract system (budget savings; the increase in procurement share of the unit. Supplier, an increase in failed bidding; Formal competition; poor-quality procurement planning; insufficient qualifications of customer employees responsible for preparing the description of the procurement facility; the absence of an organization organized at the proper level internal control by the customer for the execution of contract conditions, etc.);
3.1.1. Results of the analysis of competition in procurement ( the average number of applications filed for one purchase, the average number of applications for one procurement, the share of procurement in units. Supplier) and performance indicators and the effectiveness of purchasing activity 0% of the total amount of placed orders: ways to protect the customer in disputes with CSR inspections;
3.12. fine) from an unfailed supplier (contractor, artist); acceptance and payment of goods made, work performed, services rendered, not relevant contract conditions (contracts), etc.)
3.1.2.1. Changes in the terms of the contract leading to additional expenditure of budget funds of the budget system of the Russian Federation and the two-time dimensions of fines for the additional funds consumed: the practice of applying "calculated" fines according to Part 5 of Art. 7.32 Administrative Code
Business Case Decision: How to properly prove the reference bodies of the reasons for non-execution of contractual obligations? (long-term deadlines for administrative procedures (registration of permits, passage of state. examination); the presence of the supplier independent (contractor, contractor) causes non-performance of contracts within the prescribed period (not availability of premises, technical not equipment for the supply of goods, incorrectly composed project documentation, Unresolved questions with the owners of land plots withdrawn by construction); transfer of settlements under contracts in 2017 in connection with the late conclusion of contracts, the impossibility of payment before the expiration of the contract due to the coincidence of the work of work, the provision of services with the term of the contract, the provision of documents on Payment; the lack of the stated amount of needs (decrease in the amount of work on the initiative of the Customer due to the lack of feasibility of working, providing services), etc.)
3.1.3. Darnity of procurement of verified customers: the conclusions of the auditors on the non-achievement of the established goals and the specified activities for which the relevant goods (work, services) were bought;
3.1.4. Misuse of funds as the qualifications of the actions of customer officials during procurement with a violation of the principle of targeted and the target nature of budgetary funds;
3.1.5. Criteria for the lack of economic effect from procurement and the inability (inexpediency) use of competitive ways to determine the supplier (contractor, performer);
3.2. Classifier of violations detected during the external (state) audit (control) approved by the Council of Control and Accounts under the Accounts Chamber of the Russian Federation, 17.12.2014, Protocol No. 2-SKSO), a new methodological recommendation for the audit in the field of procurement, approved by the SP Collegium RF (Protocol of 30.06.2017 No. 39 K (1184) and criminal cases initiated on the results of consideration of the appeals of the CSR subjects of the Russian Federation: analysis of practice;
Practical task As a customer's official to enter into a preliminary deal, covering the transaction on other conditions and not be attracted to administrative responsibility under Art. 15.11 Administrative Code
3.3. Risk zones of the contract system in 2017: the directions of consistent (phased) submission of "package" changes to the legislation in the field of procurement in 2018-2019 ( according to the materials of the Collegium of the SP of the Russian Federation)
3.3.1. Offers (recommendations), concluding and presenting audit facilities on the results of the audit of procurement (ensuring control at all stages of the procurement process, the exclusion of violations that are marked on the effectiveness of procurement implementation, the organization of independent monitoring of legislation in the field of procurement, etc.)
Overview of measures of events of verified customers to eliminate violations and internal documents (orders of managers) on consideration of acts of inspections: useful experience;
3.3.2. Available methods of eliminating violations during the audit (redistribution of budget allocations, deleting false entries from EIS, etc.);
3.3.3. The conclusions of the contracts by customers, regardless of the decisions of the control bodies on the cancellation of procurement, as well as the authorization of payment of monetary obligations under contracts without checking information on contracts in the contract register as a violation of paragraph 5 of Art. 219 of the BC of the Russian Federation;
3.4 .. Features of the interaction of the SP of the Russian Federation and the central office of the FAS Russia (formal responses of the FAS Russia for information letters on the violations of the legislation of the Russian Federation, "delaying" the terms of consideration of cases for the purpose of using fines, etc.), as well as the comparability of applicable The size of fines and the nature of admitted offenses.
Discussion of the topic "Prospects for implementation in 2018 the authorities on the application of measures of state-legal coercion for violations of the COP Act in terms of the recognition of the purchase of unreasonable and attracting to the ADM. responsibility of guilty officials "
3.5. The legitimacy of the monitoring authority in accordance with Part 8 of Art. 99 and art. 100 (departmental control) No. 44-FZ control in relation to the procurement of goods, works, services
4. Analysis of violations identified by internal state (municipal) financial control: Results of desk, exit scheduled and unscheduled checks - 2017
Workshop:
Planned check by selective method in accordance with Part 8 of Art. 99 No. 44-FZ compliance with one customer of the legislation on the CS (on the example of control of the completed 26 procurement in the amount of 3,326,854 rubles and not completed in 2017 23 purchases totaling 4,728,629 rubles):
Representation To verify the documents (orders for the appointment of persons responsible for the implementation of the procurement; for accepting goods, works, services; the establishment of responsibilities head. institutions, chapter. Accountant during their absence; job descriptions; orders for approval of planned documents, making changes in them; contracts (contracts); accounting documents);
Elimination During the verification of the detected violations by approval and placement in the EIS changes in the procurement plan, the rationale for the procurement to the schedule plan, individual items of official regulations responsible for the purchase of officials;
The direction of acceptance documents (commodity invoices), additional agreements in the contract registry, the formation of reports on the execution of the contracts of execution of the contract, drawing up acts of the intelligence of contractual obligations, approval of the requirements for the payment of penalties (penalties) and fines;
Consideration the question of attracting persons who admit violations to administrative responsibility;
Return in the budget of funds in the absence of evidence of the actual carrying contractors of unforeseen expenses and costs when performing repair work;
4.1. The idea of \u200b\u200bfines related to non-compliance with the requirements of the Russian Federation on COP when planning procurement: the absence of powers of control and supervisory authorities in the financial and budget sector of the subjects of the Russian Federation and municipalities on specific examples;
4.1.1. Implemented by customers of proposals, recommendations of internal financial control bodies based on the results of inspections and the basis for the transfer of materials of inspections in law enforcement agencies, the prosecutor's office, as well as authorities to consider cases of administrative offenses;
4.2. Estimated and regulatory costs for ensuring the activities of customers and lists of hotel types of goods, works, services subject to rationing in 2017-2018 as a violation of Art. 19 of the Law on the COP and Art. 72 BK RF
4.2.1. Extensions of standards in terms of the maximum price and the number of purchased goods, works, services detected by control measures
4.2.2. Checks of customers when placement in EIS Rules for the normization of procurement: Overview of typical errors
Case Stadi: Forecast cost plan for 2018 and calculation of costs for 2017 standards on the example of one institution
4.2.3. Errors of the mandatory and departmental list of normalized procurement (lack of price standards in departmental legal acts; rejection of the marginal cost indicators of the same names for various customers from 4 to 37.5 times; variations of the "maximum price" of various groups from 2 to 100 times depending on employee posts ;)
The results of the practice of compliance with the requirements of the normization of transport services ( understanding (overestimation) price standards, analysis of the causes of exceeding standards, average decrease in standards for auction): Monitoring the CSR of one of the subjects of the Russian Federation for example 302 contracts; Conclusions of inspecting and warning to customers for 2018
4.3. Evaluation of individual procurement facilities for the validity of procurement included in the procurement plan and schedule: violations of the procedure established by PP of the Russian Federation No. 555
4.3.1. Table forms of procurement substantiation (rules Filling columns (columns) during procurement up to 100 (400) thousand rubles; not accuracy (not indicating) procurement justifications by specifying "FCD Plan", "Exercise of activities according to statutory activities", etc.)
4.3.2. The lack of direct communication between the procurement object and the corresponding event of the state (municipal) program, an international treaty, functions and powers of proven customers (for example, the supply of other goods and ensuring the activities of the Customer; provision of educational services for conducting training courses and raising the professional competence of employees and T .d.)
4.3.2. The declaration of footnings, references to non-relevant documents and not existing customer needs as evidence of the wrong substantiation of procurement;
4.4. Establishing the legality of the formation, approval, placement and management of planned documents 2017-2018: Objective reasons for violation of procurement planning rules
4.4.1. Cash plan for expenses, notifications about limits of budget management as a basis for procurement;
4.4.2. Innovations of the Law on the CS, entered into force in 2017-2018 and the incorrect work of the EIS: an overview of customer explanatory notes for the incommodation of the placement of the procurement plan and plan schedule;
4.4.3. Structured and paper forms of procurement planning: difficulties of implementation (divergence of dates; signature, not corresponding to the signature of the head; units of measurement, non-appropriate opaque, etc.);
4.4.5. Declaration of changes to the planned documents for each facility in order to prevent discrepancies of the total procurement: ambiguous implementation practices due to legal gaps of legislative regulation;
4.4.6. Acceptable options for evidence of the unreliability of information on the planned procurement;
4.4.7. Conducting procurement, not relevant information specified in the plan schedule: violation of the requirements of the COP legislation and the use of fines for guilty officials in the amount of 15,000 rubles
4.4.7.1. Products on procurement, not relevant editors of the schedule plan acting at the time of publication in EIS (the acquisition of gasoline in the amount of 1 cu. For 700,000 rubles; supply 1 piece of petroleum products, etc.);
4.4.7.2. The phone calls, letters and requirements of employees of the Office of Federal Treasury Correction and Crossing the Positions of Chart Plans: the specifics of the practical implementation of 2017;
4.4.7.3. The decision by customers inconsistencies of the position of the plan schedule after completing the bidding and concluding contracts in identifying violations of the Russian Federation of 05.06.2015 No. 554;
4.4.7.4. Evaluation of the hurt and severity of the consequences in case of procurement without binding to the schedule plan;
4.5. Control compliance with the customer Art. 22 of the COP Act and the Methodological Recommendations of the Ministry of Economic Development of Russia (Order No. 567) in terms of the Justification of the NMSCC and the Central Committee and the principle of the effectiveness of the use of budget funds, enshrined in Art. 34 BC RF
Business -Cey: How to recognize the NMCC, the Central Committee of the Commercial Commercials, the use of sites with no response from potential suppliers, local estimates and positive conclusions of expertness of estimation of estimated cost, oral requests and marketing research in telephone mode, technical and deliberate errors Single rates in specifications, inhomogeneous price suggestions Suppliers as a typical practice of searching for pricing to substantiate the NMSC, leading to its significant decrease in the results of trading and long-term dysfunction of budgetary funds, etc.)
4.5.1. Problems for analyzing the current market with an obligatory study of minimum prices for goods (com. Proposals from suppliers who do not have experience in supplies, two organizations located at one address and having one reception phone; errors of bringing prices of past periods to the current price level, as well as solid sums pricing and other);
4.5.2. Screenshots of the Screenshot screen, originals used in the substantiation of the NMCC and the Central Committee of the Documents, reference information: types and types of violations (based on the materials of the formed practice of control 2017)
4.5.3. Features of the provision by customers to verify the originals com. Proposals, screenshots: Expert recommendations when identifying errors;
4.5.4. Methods for obtaining pricing information in order to maximize the approximated substantiation of the NMCC to the real, not the overestimated price of the contract acting on the price market for the supply of goods, performing work, provision of services: conclusions of verifiers;
4.5.5. Acknowledging measures in coordination with contractors with contracts to reduce contracts without changing the volume of services rendered;
Workshop:
Price analysis as non-compliance with the principle of efficiency of the use of budget funds established by Art. 34 of the BC of the Russian Federation "Middle Consumer Prices", "Fair Market Price", "purchase price without conducting a bidding and based on the results of auctions", "Supplier's price stability", "deviations of the maximum minimum price of 1, 6 times" - as evidence of wielding prices Contract and Practices in Effective Procurement on the examples of the procurement of potatoes, chicken eggs, bananas, humpbacks.
4.6. Compliance of the delivered goods, made of work (its result), service provided by the terms of the contract (acceptance and expertise): the results of field checks, completeness and scope of the requirements of the Contract
4.6.1. Analysis of documents confirming the fact of the delivery of goods, the performance of work, providing services (not legal stamping of stamps and signatures; commission or sole examination, etc.)
4.6.2. The formal approach of the Customer to conduct an examination (the adoption of brands of goods not correlated to certificates, as well as those missing contracts for work; conducting examination during the term of acceptance of goods, works, services, etc.): Requirements of the Law on COP and Art. 474, paragraph 2 of Art. 513, p. 1-3 tbsp. 720 of the Civil Code of the Russian Federation;
4.6.3. The first fines and ways to minimize them when identifying violations of Part 13.1 of Art. 34 of the COP Act when establishing a payment timing in a contract for more than 30 days from the date of signing by the Customer of the Acceptance Document (payment until 01.12.2017; within 60 calendar days; prepayment is 100%, etc.), as well as Applications of new fines for violations by the Customer of the term and order of payment of accepted goods, works, services (part 1, Art. 7.32.5 of the Administrative Code of the Russian Federation introduced on July 26, 2017 No. 189-FZ) and an overview of the practice of the legal consequences of late payment of contracts to the customers of contracts Court and additional inefficient costs of budget funds for payment of non-existence, court costs, compensation to suppliers (contractors) Legal services costs
4.7. Control of a new procedure for determining fines and penalties in the framework of the PP of the Russian Federation of August 30, 2017 No. 1042: the facts of unlawful establishment of the terms of responsibility of the parties in the contract (on examples of inspections of the FAS Russia for the period from September to December 2017)
Specific amounts of fines figures and in words each fact of the violation: filling at the contract of concluding a contract based on the price of the price proposed by the procurement participant;
Applications of PP of the Russian Federation No. 1042 to the relations arising before its introduction by force, taking into account the provisions of paragraph 1 of Part 4 of the Civil Code of the Russian Federation;
Fixed amount calculated as the percentage of the contract price when the stages of the supply of goods, the performance of work, the provision of services;
Improper amount of penalties accrued for every day of originality of the fulfillment of the obligations provided for by the contract;
Options for changing the provisions of the draft contract for the expiration of the deadline for changes in the documentation in order to comply with the requirements of PP of the Russian Federation No. 1042;
Penalty and fine as special standards of rights, taking into account the requirements of Art. 330 of the Civil Code of the Russian Federation and the COP Act;
Literal and systematic reading of sections of projects of contracts "Responsibility of Parties" as proof of violations of PP of the Russian Federation No. 1042;
4.8. Checks for accounting and accuracy of reporting in terms of accounting for procurement planning and validation of expenses: reflection errors in the accounting documents of the delivered goods, the work performed (its result), the service provided, as well as unreasonable carrying out economic operations and the adoption of primary accounting documents ( commodity overhead, invoices, acts of work performed, etc.);
5. Positions of the control bodies, taking into account the explanatory letters of the Ministry of Finance of Russia, the Federal Treasury, the Ministry of Economic Development of Russia, the FAS of Russia on the problematic issues of the implementation of the COP Act in 2017: Errors of the practice of implementation, recommendations to customers in terms of effective protection practices
5.1. The right of the parties to establish that the condition of the concluded contract applies to the relations arising before the conclusion of the contract on the basis of paragraph 2 of Art. 425 of the Civil Code of the Russian Federation and the letter of the Ministry of Economic Development of Russia of January 22, 2016 N D28I-85 on the inadmissibility of the implementation of the specified possibility with the execution date to the date of detention;
5.2. Indicates the estimated price of the contract for the provision of services as an unlawful practice, indicated in the letter of the Ministry of Economic Development of Russia of July 20, 2016 D28I-1896 and the decisions of the courts proving the opposite;
5.3. Prolongation of prolongation for a new term of concluded contracts according to the letter of the Ministry of Economic Development of Russia dated July 14, 2016 D28I-1818 and the provisions of the BC of the Russian Federation, allowing the transfer of the fulfillment of contractual obligations;
5.4. The commission is part of the commission mainly persons who have passed professional retraining or advanced training in the field of procurement, based on the requirements of the Ministry of Economic Development of the Russian Federation of November 8, 2013 No. OG-D28-15539 and the practice of current control activities;
5.5. The conclusion of the contract before bringing the limits of budgetary obligations under the depository condition provided for in Part 1 of Art. 157 of the Civil Code of the Russian Federation from the position of an explanatory letter of FAS Russia of March 20, 2017 N RP / 17453/17 and the provisions of the BC of the Russian Federation;
5.6. Clarifications of the Ministry of Economic Development of Russia ( letter dated 05/23/2016 № D 28I-1299) on providing the need for the need to search and copy fragments of the text placed in EIS and the admissibility of the Hypertext format web browser and the means of common program for viewing ("document in electronic form") from the position of FAS Russia;
5.7. Customer's right to acquire a used product (a letter of the Ministry of Economic Development of Russia dated February 17, 2016 No. D28I-361) and the ban on the purchase requests for the date of issue of the goods in the documentation (a letter of the Ministry of Economic Development of Russia dated March 10, 2016 N OG-D28-3661) ;
5.8. The lack of requirements in the legislation on the COP requirements on the direction in the register of contracts after each signing the act of acceptance of the services rendered (a letter of the Federal Treasury of 05/30/2014 No. 42-5.7-09 / 5) and the requirements of paragraph 12 of PP of the Russian Federation of November 28, 2013 No. 1084;
Fixation (indication) In acts of checks of violations of the requirements of explanatory letters: Review of practice on specific examples of 2017
Solving business case: an ambiguous conceptual apparatus of the COP Act: How not to be mistaken in disputes with verifying? ( The municipal customer concludes a contract (contract) or a municipal contract? Does the law on the CS of the contract of sale exclude for the needs of the state institution? The budget institution concludes contracts (contracts) or state (municipal) contract and, accordingly, applies (does not apply) the requirements provided for by paragraphs of the Russian Federation of 15.05.2017 No. 570? GUP (MUP) procures for state (municipal) needs or procurement for the purposes and functions of the customer? The possibility of accrualing fines (penalties) during procurement in units. supplier? etc.)
6. OKPD, IKZ, the register of procurement as a violation of the legislation on the CS: the control reaction, practical examples, ways to eliminate violations
6.1. OKPD code errors in terms of graphics, procurement notification, identification code purchasing, contract registry as limiting the number of procurement participants
6.1. . 14 of the COP Act, etc.);
6.1.2. Becable arguments of complaints of procurement participants in the FAS Russia in 2017 (the degree of detailed detail of the OKPD indication, not the attribution of procurement objects to certain OKPD codes, the formation of lots consisting of various OKPDs, etc.)
6.2. IKZ: formation, indication, change (Containing checks, admissibility not to indicate in procurement to 100 (400) thousands, projects of contracts, notices, as well as placement in EIS two or more notices of procurement with the same (identical) procurement items on one IKZ et al.)
6.3. Register of procurement concluded without contracting in 2018: Mandatory requirements, timeliness of inclusion of information, electronic and (or) paper view.
7. Extract from the register of members of the SRO as part of the application by force of amendment to the Urban Planning Code of the Russian Federation of 03.07.2016 No. 372-ФЗ, which entered into legal force on July 1, 2017: Analysis formed for II. half year 2017. FAS Russia's control practice
7.1. Systematic interpretation of the norms of part 4 of Article 55.17 of the Town Planning Code of the Russian Federation and paragraph 1 of Part 6 of Article 69 of the CS Act in order to establish the requirements for the date of issue of extracting;
7.2. Supplies of work on the construction, reconstruction, overhaul of capital construction facilities for members of the SRO with a compensation fund to provide contractual obligations and the cumulative amount of obligations under contracts not exceeding the level of responsibility of the participant
7.3. The remainingness of the lack of requirements for the presence of a document confirming membership in the SRO in procurement to 3 or more million rubles;
7.4. Establishment of the register of SRO to repair the heating system and the development of working documentation: ambiguous implementation practices;
7.5. Gimbels providing statements from the SRO registry, not confirming the membership of the SRO in the relevant area;
7.6. The PAS of the FAS of Russia to evaluate the reality (invalidity) of the statement of membership in SRO, as well as the legality (illegality) of membership of contractors and designers in the SRO;
8. Creation of equal and understandable conditions for ensuring competition between procurement participants in the preparation of the technical task - 2018: Analysis of customer errors, weak control positions, ambiguous (contradictory) requirements for the legislation on the national standardization of the Russian Federation (No. 162-FZ) and the Law on Competition Protection (No. 135-FZ)
8.1. Cancellation of the FAS of Russia procurement due to the errors of the TK as a certificate of violation by the officials of the customers of the principles of the effectiveness of procurement and ensuring competition provided for by Art. 8 of the Law on CS
8.1.1. The provisions of those. tasks, proposals of participants in applications, explanations of the Customer as proof Lack of illegal requirements of TK;
8.1.2. Voluntary use of national standards in TK: legal grounds for most of the customers;
8.1.3. Expectancy of international standards for the preparation of TK (on ISO examples);
8.1.4. Justification of the need to use not applicable in the national standardization system, requirements, symbols and terminology: Positive experience of proven FAS of Russia Customers and authorized bodies (institutions);
8.1.5. The use of documents and information confirming that the requirements for the goods purchased by the goods established by the Customer are limited by the number of procurement participants;
8.1.6. Spelling, technical errors in TK, misleading participants in procurement,
8.1.7. " Price sharpening "TK: a description of the consumer properties under two manufacturers in compliance with the rule" or equivalent ", but of different price segments;
8.2. Non-standard solutions to customers of practical situations approved by the control bodies
8.2.1. Supply of gasoline through the gas station on the coupons (daily limits, types of fuel, delivery by sampling on a gas station with an indication of the first part of the application list of gas stations, supplying petroleum products through a gas station exclusively on the coupons in the existence of a fuel card vacation method);
8.2.2. Repair of service road transport on the territory of the Customer based on the cost of the rate rate and scheduled maintenance of cars using authorized service stations;
8.2.3. Provision of services for the protection of the arrival at the protected object of the armed group of rapid response of the Contractor not more than 7 minutes from the date of receipt of the signal, as well as the adoption of emergency situations for localization and elimination of consequences, assistance in these conditions for the smooth operation of rescue services;
purchase of the sofa of the invited ecocusement of a brown shade (determined to choose a customer from among no less than 7 proposed participants of the execution options);
8.3. Combining the supply of goods, works, services functionally and technologically not related to each other or with the subject of procurement: nuances of the actions of customers and procurement participants
8.3.1. Criteria for the admissibility of inclusion in one lot of works, services (work to replenish information from trophy and contained in foreign archives of documents on Soviet prisoners of war and buried abroad + processing of documents specifying losses (books of burials, cases with information of the spare rifle regiment) + processing of documents on wounds and died from the Russian Academy of Sciences in Hospitals and Medical Baths + as well as the modernization of the Special Software Software section of the public data "Memorial"; Localization + rehabilitation of contaminated areas of the territory; provision of leasing services of road and specialized equipment; for cleaning and exporting snow, level control and chemical groundwater + sink sidewalks + polyvka of lawns and green plantings + fuses of lawn + knocking up icicles from roof eaves, etc.);
8.3.2. Errors Procurement Performance of construction work and the delivery of equipment: positions of the FAS Russia and CSR;
8.3.3. Unidentic and inhomogeneous products in one lot: acceptable implementation practice (notebook A5 format + pencil + roulette + pack of plastic + pen ball; supply of an automated DNA analysis complex; Container gas station KAZS-20/2 + R-50 tank in a container with reinforcement and etc.);
Quest
Permissible variants of the formation of a lot, taking into account the practice of control of FAS Russia in 2017
8.4. Business game "Software, office packages compatible with purchased equipment"
Dozakupka software already available by customer licenses for already operated by: Customer errors in proof of compatibility;
Equivalent for compatible operating systems;
Details of technical characteristics and functions of purchased personal computers;
Restriction provided for by PP of the Russian Federation No. 1236, when purchasing equipment with software;
By Microsoft: acceptable substantiations of the impossibility of compliance with the established prohibitions;
9. Training Unmistakable indication of the qualitative characteristics offered for the supply of goods (building materials)
9.1. Error, clarification and specification of indicators by procurement participantsSize of at least 40%; Width more than 340 mm; Depth up to 70 mm; Storage conditions with relative air humidity up to 70% and temperatures up to 25 ° C; Density - 550 ± 40 gr. / m², Shir. 90 ± 1.5 cm;
9.2. Use when describing the characteristics of the product and symbols "No more", "more", "no higher" "above", "over", "not less", "less", "not earlier", "earlier", "not lower", "below", " Worse "," worse "" maybe "," must be "," about "," minimum "," from "," or "," or equivalent "," analogue ","\u003e ","<», «≥», «≤»,«±»…».
9.3. Registration of the application of the participant on the instructions established by the Customer: ranges of values \u200b\u200bunchanged; accompaniment by signs of square brackets "", specific indicators corresponding to the values \u200b\u200bset in the documentation, etc.
9.4. Unreliable technical characteristics: An overview of documents and information taken by members of the Commissions and procurement participants to practice not allowing applications and one-sided refusal to execute the contract
10. A single transaction, artificially fragmented and decorated contracts (contracts) to 100 (400) thousand rubles: Customer's actions aimed at restricting competition by not tolerance of other potential entrepreneurs to participate in procurement
10.1. Formal compliance with paragraph 4, 5 h. 1 tbsp. 93 No. 44-FZ and the responsibility of officials for the effectiveness of providing state and municipal procurement and procurement efficiency;
10.1.1. The abuse of the right to implement a micro procurement as a realization of civil rights exclusively with the intention to cause harm to another person and the action of circumventing the law with an illegal goal (part 1 of Article 10 of the Civil Code of the Russian Federation);
10.2. Inappropriateness of competitive procedures in view of the inconsistency of the purchase value and organizational costs for its implementation as evidence of the need to purchase a "small" volume (positions of the FAS of Russia and the Accounts Chamber of the Russian Federation);
10.3. Excess limits as 5% of CZOZ and 2 million rubles: objective circumstances that make it impossible to comply with the limits established by paragraph 4 of Part 1 of Art. 93 COP Act
10.3.1. Adoption and coordination of radiation for procurement to 100 thousand in the amount of 20, 11%, 30, 0%, 37, 5%, 55, 7%, 56.7%, 73, 1%, from CGOs;
10.3.2. The circumstances of the application to the guilty officials of fines in the amount of 25,000, 30,000, 50,000, 810,000 rubles in identifying the facts of concluding contracts up to 100 (400) thousands with exceeding limit sizes;
11. First Quest for GUP representatives (MUP)
11.1. Not a legitimate practice of implementing GUP, MUP No. 44-FZ by negligence due to the ignorance of the requirements of the contract system legislation
11.2. Director (head) GUP (MUP) as a guilty official: the period of limitation of attraction to administrative responsibility and the practice of realizing the circumstances of aggravating and mitigating guilt in 2017
11.2. Errors of approving estimates of income and expenses in accordance with paragraph 2 of Art. 19 FZ No. 161-FZ "On state and municipal unitary enterprises", as well as the procedure for compiling, approval of indicators of the plan (programs) of financial and economic activities of unitary enterprises
11.3. Organization and conduct of control measures in the framework of internal control by virtue of the provisions of Art. 19 of the Federal Law of December 6, 2011 No. 402-FZ "On Accounting"
11.4. Requirements of control bodies on transfer to the operational management of property in order to reduce the tax burden (on the examples of CSR inspections)
12. Conclusion of contracts on the conditions of different from those specified in the procurement documentation and in the application of the participant (procurement winner): the appointment of fines in the amount of up to 300 thousand rubles ( inconsistency of the essential conditions of the contract in the required Civil Code of the Russian Federation and No. 44-FZ forms);
13. Changing the conditions of application and draft contract when concluding a contract as providing the balance of private and public interests of participants in relations related to procurement: Analysis of the controversial situations of 2017
13.1. The procurement of activities in the city center and the inclusion in the contract of remote areas;
13.2. The positions of the information letter of the Presidium of the Russian Federation on the need to harmonize the terms of the contract, which are essential for the supply of goods, the fulfillment of work, the provision of services;
13.3. Production need to increase the quantities of goods, works, services;
14. Intensification of the activities of the FAS of Russia and the control bodies of the constituent entities of the Russian Federation in terms of initiation of cases of administrative offenses: legitimate ways to minimize fines (According to the materials of administrative practice of 2017)
14.1. The absence of a detailed definition of the concept of "insignificance" of the offense: the criteria and grounds for the use of the "oral observations" by the control bodies as an alternative of penalties in procurement;
14.1.1. Harm, illegal nature, danger to law and interests protected by law, one-time (short) nature: the correctness of the actions of the perpetrators in determining the amounts of fines;
14.2. The compositions of incriminated offenses in the sphere of procurement proving the disregarding attitude of the perpetrators in the performance of their duties established by the legislation on procurement;
14.3. Refuses to satisfy petitions for postponement of administrative cases on examples of FAS Russia;
14.4. Case Stadi "The subjective approach of control and supervisory authorities to the decision, not resolved by the legislation on COP, practical issues ( in the examples of the practice of control of the FAS Russia in 2017)»
14.4.1. Criteria "brevity" or "not short" presentation of the terms of the contract containing the name and description of the procurement object, in the notice (part 2 of article 42 No. 44-FZ);
14.4.2. "Not objective" and "objective" description of the procurement object (part 1 of article 33 No. 44-ФЗ);
14.4.3 Not a complete amount of publication in EIS project documentation that does not allow the procurement participant to decide on participation in procurement ( estimated calculations, object and local estimates; Positive conclusion of the state examination of project documentation, etc.);
15. Round table: typical customer errors, procurement participants and supervisory authorities. Individual analysis of specific situations in the case of the Cace Stage.
The seminar holds: Tolstobokov Oleg Nikolaevich -referent State Civil Service of the Russian Federation 3 class, expert in public and public procurement; Member of the Inspectorate on the implementation of unscheduled inspections of the Federal Antimonopoly Service (FAS Russia), an expert on anti-corruption examination of the NPA of the Russian Federation (certificate of the Ministry of Justice of the Russian Federation No. 2390 of April 28, 2016). Practical experience: in 2008-2011 Deputy head of the department of rule-making and interaction with the territorial bodies of controlling the placement of public ordering of the central office of the Federal Antimonopoly Service of Russia (FAS Russia), one of the developers of the Federal Law No. 223-FZ, subtitle regulatory legal acts and a number of amendments to Federal Law No. 44-FZ.
