Examination for 44 FZ: act and conclusion
Contract system of state andmunicipal procurement is regulated by law. A huge number of rules and requirements apply to this system. The most important element here is the examination. By 44-FZ, this is a set of special measures necessary for the registration of goods, services and works. It is about the expertise and the entire procurement system that will be discussed in this article.
General characteristics of 44-FZ
According to Article 1, the subject of thenormative act are relations in the field of provision of regional and federal needs of the Russian Federation. In particular, speech in the law is about the following phenomena and processes:
- Qualitative work to identify suppliers, contractors and performers;
- planning the procurement of services, goods or works;
- auditing in the field of procurement;
- the conclusion of special civil contracts at purchase;
- performance of control and surveillance activities for compliance with Russian law.
The submitted federal law must strictly comply with the constitutional norms.
About the purchasing system
What is the contract system inthe field of state and municipal procurement? The law provides for the totality of participants in the system and the procurement actions they are carrying out to meet federal or regional needs. In the contract system, an important element is the search for a contractor - a person who is able and willing to perform certain services. It is with the contractor or with a person ready to sell a certain product that a contract is concluded on a contract basis. The state or municipal customer, in this case, is the relevant body, vested with power.
All actions of participants of the contract systemPurchases are reflected in a single information system. Here there are data on the annual volume of purchases, the total number of costs, the cost of goods and services received, etc.
It is worth mentioning the need to involveSpecial experts in the implementation of procurement activities. Examination for 44-FZ is necessary for studying and evaluating the subject of the transaction, as well as for the preparation of expert opinions on procurement participants.
On what principles is the system based?
By 44-FZ examination, purchase and sale, entryinformation in the special register and other actions that make up the whole procurement process should be based on a number of special principles. Under the principles in this case are understood different kinds of conditions, ideas and beliefs, from which in no case can not be retreated. Here is what should be noted here:
- the principle of the qualitative organization of electronic document management in the system;
- the principle of ensuring healthy competition;
- principles of openness, transparency and transparency;
- the principle of professionalism of the parties to the transaction;
- the principle of stimulating innovative work;
- the principle of responsibility for the effectiveness of procurement;
- the principles of humanity and compliance with the laws of the Russian Federation;
- principle of application of the national regime, etc.
It is on all the above principles that the system of execution, modification or liquidation of contracts is based.
On the execution of contracts
In Article 94 of the normative actrules are fixed, according to which a contract for the implementation of state or regional purchases should be registered, registered and accepted.
The process of execution of the contractual agreementconsists of a number of special measures that are implemented after the conclusion of the document and have as their objectives the implementation of procurement actions. This includes ways of interaction between the supplier and the customer in accordance with the norms of the Russian legislation. Here is what it is worth highlighting:
- the process of acceptance of the delivered goods, the service or work performed;
- payment by the customer of the service, work or goods;
- the interaction of the customer with the supplier, contractor or contractor upon termination or change of the contract.
The supplier's responsibility is timelygranting the customer reliable information about the terms of the contract. At the same time, the performer must implement all the duties prescribed in the document qualitatively.
In paragraphs 6-12 of Article 94 of theof the normative act it is told about creation by the customer of the special acceptance commission, about acceptance of results of the contract stage by stage, about drawing up of reports, etc. An important place here is expertise. According to 44-FZ, this is a series of measures to verify the supplied goods or services. It is about the expert work and will be told further.
How is the examination carried out for 44-FZ? The answer to this question is provided in paragraphs 3-5 of Article 94 of the law in question. According to the normative act, expert work can be carried out both by the customer himself and by a special expert commission, whose services must be used in a timely manner.
Naturally, it is not always possible to holdexpert work itself; especially when it comes to such an important customer as the state or a specific region of it. The procedure for conducting expert works is determined by the Russian Government.
In what cases is expert work required?
According to the law, the requirements for implementationexpert checks are invalid in cases when it is a question of purchasing goods, services or works, fixed on the official website on the Internet. All the rest, you might say, unplanned purchases should be checked with the help of an expert commission.
Why do they carry out an examination? The law speaks about checking the results of performance of works by contractors for compliance with the norms established in the contract. Expert work is always carried out either during the acceptance, or when checking the services provided.
As is known, the fulfillment of obligations orthe purchase of individual goods can be of a phased nature. In this case, the examination should be carried out for each specific stage. It is worth paying attention to the situation when phasing is not indicated in the contract, but in practice it still has to be addressed. In this case, expert work is still needed in stages.
On attracting experts
Customers often have a question: how exactly is it worth doing expert work? You can do everything on your own - cheap, but, it is likely, not very high quality, but it is possible with the involvement of specialists - professionally, but with payment for services. Naturally, most customers choose the first option. Moreover, if it is a question of regional or federal authorities, where often there are staffs in which specialists are able to carry out expert activities. But what does the law say? According to Part 4 of Article 94 No. 44-FZ, mandatory involvement of experts is necessary in situations where the purchase of goods or services is realized only from one supplier. Exceptions here can only be the following cases:
- purchase is done by experts themselves;
- the subject of procurement are projects of capital construction projects or the results of work of engineers who have undergone state or non-state expertise.
In all other cases internal examination is allowed for 44-FZ, that is, without involving extraneous commissions.
How it is necessary to work with experts? The law establishes a special procedure in which the relevant commissions registered in state registers have the opportunity to request from suppliers and customers additional materials related to the terms of the contract. The results of the expert works must be documented in a special document (44-FZ is an examination certificate), which is signed by the customer himself and by the representative of the expert commission. If there are any violations at the acceptance or during the verification work, a corresponding complaint can be filed, in which the specific period for their elimination should be indicated.
Internal examination of 44-FZ (sample design)
According to 44-FZ, internal expert work is possible only with strict observance of the law, in which the following is established:
- the head of the organization (the same customer) forms and registers an order to create an expert commission;
- at least 5 people must be present in the commission;
- the order contains the number and subject of the contract document, as well as the terms and stages of the expert work;
- The acceptance is still carried out in the terms established in the contract.
Subject to these conditions, examination is possibleon 44-FZ in the home. In the case of the lack of experts from abroad, the document on the acceptance of goods is also an act on the conduct of expert works. The Regulation on the Examination (44-FZ) states that the act should be placed in the state information system in the Internet.
Writing an application
Examination is carried out within the framework ofan ordinary civil contract. Based on the results of internal expert work, the person who is the customer is obliged to issue and submit to the information register only one document, including data on acceptance and on examination. Involving the same outside experts entails the creation of the following documents:
- certificate of acceptance;
- certificate of expertise;
- conclusion on the examination.
In the report (the act on conducting expert works)includes information on the execution of the contract and the timing, violations and measures taken responsibility, as well as on changes, if any, entered into the contract. The conclusion of the examination on 44-FZ includes estimated data on a particular product, service or work.