What rules should be used to conduct inspections in public procurement: review of the Decree
Published a government decree with the rules of control in public procurement. They are effective from October 8, 2020, with the exception of certain provisions. The procedure and timing of scheduled and unscheduled inspections were determined, and control subjects were divided into risk groups.
Who is being checked
The rules apply to subjects of control under part 2 of article 99 of the law N 44-FZ. These include, in particular::
-customers at all levels: Federal, regional and municipal;
-contract services and managers;
the commissions for the procurement;
-operators of electronic platforms. The operator of eat "Beryozka" is not included in the number of subjects of control. It is necessary to appeal against his actions (inaction) in court.
Control rules
According to the document, supervisors conduct scheduled and unscheduled inspections. They interact with the subjects of control by mail (including e-mail) or by Fax. After verification, they can issue a mandatory order to eliminate violations, including canceling the purchase.
Supervisors will involve law enforcement agencies if they are prevented from obtaining information and documents about the purchase. For example, if the customer refuses to let the inspectors into the room.
All rights and obligations of control subjects and inspectors are listed in chapters III and IV of the rules.
An unscheduled inspection will take no more than 10 business days from the date of making a decision on it. For purchases with state secrets — no more than 20 business days.
If necessary (for example, when additional information is needed), the deadline can be increased once by no more than 10 business days. Supervisors will notify about this in the register of inspections and (or) in the EIS. After July 1, 2021, you will not be notified by mail or Fax.
The grounds for verification are listed in Chapter V of the rules. This may be, for example, a complaint from a purchasing participant, even if it is returned without consideration.
A scheduled inspection will take no more than 20 business days from the date it starts. It can be extended once for no more than 20 business days. The notification procedure is the same as for unscheduled inspections. Scheduled inspections are carried out at regular intervals in accordance with parts 13 and 14 Of law No. 44-FZ.
Such inspections are carried out according to the plan approved by the head of the control body for the year. Their frequency will be affected by which risk group the subject of control belongs to.
Supervisors will check purchases for the last 3 years. They will do this in 2 stages: first, incomplete purchases, then — those for which contracts have been concluded.
How to determine the risk group of the subject of control
We have provided 3 risk groups. They are determined based on criteria based on a point rating system:
-high — from 60 to 100 points inclusive;
-average — from 30 to 60 points inclusive;
-low — up to 30 points inclusive.
For example, the number of cases of non-compliance with the requirements of supervisors will affect the classification of a particular risk category. The criteria and risk category will be determined according to the established formulas. This procedure will start working from July 1, 2022.
Document: Resolution Of the government of the Russian Federation of 01.10.2020 N 1576