FAS has developed a procedure for inspections of 44-FZ customers
The order of inspections will be approved by the government. The document will be required to use the FAS, regional and municipal control bodies. The order regulates checks:
customers';
contract service;
contract managers;
procurement commissions and their members;
authorized body;
authorized institution;
specialized organization;
operators of electronic platforms;
operators of specialized electronic platforms.
To conduct an audit, the Supervisory authority creates a Commission of three or more officials For unscheduled inspection can create a permanent Commission.
Unscheduled inspection
To carry out an unscheduled inspection, FAS places information on the date, time and place of inspection in the UIS within two working days from the date when the office received information about the violation. The Supervisory authority has the right not to carry out unscheduled inspections on the grounds of the Law of 02.05.2006 № 59-FZ or if the violation is already a court decision or FAS.
The period of unscheduled inspection is 15 calendar days from the date when the FAS received information about the violation of the law. The Antimonopoly service has the right to extend the term up to 30 calendar days, which is obliged to notify the applicant who reported violations.
At the meeting of the Commission on unscheduled inspection will conduct audio recording, which will be obliged to store at least three years. Any person who is present at the meeting shall also have the right to record the audio and video of the meeting. The Commission must be notified in advance.
The decision of the Commission is final. The order can be appealed to the court. The term is three months from the date when the Supervisory authority takes a decision.
Members of the Commission make the full text of the decision in three working days from the moment of announcement of a resolution part of the decision. FAS places the text in the UIS no later than three working days from the date of the decision.
Scheduled inspection
The scheduled inspection period is 30 calendar days. The term may be extended once by order of the head of the Supervisory authority. The total period of inspection – no more than two months.
The inspection period will be extended to six months if the subject of control:
did not submit procurement documents to the Supervisory authority;
did not eliminate violations within the terms established by the Supervisory authority;
I didn't let inspectors on the territory of the subject of control at exit check;
did not fulfill other obligations under the law.
FAS will review all purchases over the past three years. Before checking the inspectors will prepare the documents:
order;
verification notification.
The Board carries out the review in two stages: the review of procurement at the stage of selection of the supplier and procurement with contracts. Stages can be carried out simultaneously. Results draw up the inspection report.
A copy of the act is placed in the UIS no later than three working days from the date of signing. The document will be sent to the customer.
If the project is accepted, the inspection procedure will come into force on July 1, 2019.
Customer risk category
During scheduled inspections, FAS, regional and municipal control bodies will use the criteria by which customers are classified as a certain category of risk. Categories are used when creating a review plan. Customers are divided into categories depending on how likely the customer will violate the law. The probability level is calculated in points.
To include the customer in the risk category, use the criteria:
share of purchases in which the Supervisory authority found violations;
the share of non-executed prescriptions;
the share of decisions to refuse to include in the RNP information about contractors when the customer terminated the contract unilaterally.
The significance of the criteria is calculated by formulas and determined as a percentage.
If the project is adopted, the rules will come into force on January 1, 2020.
Document: Draft decree of the Government from 30.04.2019