The Treasury has identified the most common mistakes in public procurement for the second half of 2018
The Treasury has released a review of violations in the financial and budgetary sphere for the second half of 2018. Among them are violations in public procurement. We will tell about the most significant mistakes of customers which will be interesting further taking into account changes of the Law N 44-FZ.
Violations at the stage of contract execution
Most of the significant violations were committed during the execution of the contract. These include the following:
did not conduct a mandatory external examination of the results of the execution of the contract;
changed the terms of the contract so that the result was delivered goods with degraded characteristics;
did not demand a penalty or understated its size (p. 6.6.3–6.6.4 of the Review);
accepted the work performed in violation of the terms of the contract;
did not post a report on the performance of the contract or made it with errors (incorrectly reflected the results of the stages of execution of the contract, information about the delivered goods or work performed; did not report on improper performance, change of the contract, as well as the sanctions applied for its violation; did not attach an expert opinion on the stage
Violations in the calculation of the initial maximum contract price
Most of the violations were committed by the customers when justifying the initial maximum contract price in the procurement schedule. Recall that from October 1, 2019 to justify the initial maximum price of the contract in the formation of the schedule will not be necessary, unless the government establishes such a duty in the order of formation of schedules. However, some of the findings from the breach review will be useful in determining the initial maximum contract price.
So, when calculating it is not necessary to use:
information on the prices of goods, works and services from contracts that have not been performed or for which penalties for non-performance or improper performance of obligations were collected;
offers that are not a public offer;
information on the prices of goods, works and services, non-identical or heterogeneous planned for purchase;
offers of suppliers that do not supply identical goods, works and services;
offers of suppliers without taking into account the conditions comparable to conditions of the planned purchase, and financial conditions of deliveries of goods, performance of works, rendering of services;
only one source of information (for example, one commercial offer, one state contract).
Document: Letter of Treasury of Russia of 28.05.2009 N 07-04-05/21-10665