The nuances of control in the field of procurement carried out in accordance with Law No. 44-FZ are explained
The specialists of the Ministry of Finance of Russia in his letter, told about the peculiarities of control contained in the contract information in the event of the conclusion with the sole contractor on the grounds indicated in paragraph 25 of the Rules of control under part 5, and part 5.1 of article 99 of the Law No. 44-FZ (hereinafter – the Rules) (Letter of the Ministry of Finance of Russia dated 27 January, 2021 n 24-04-08/4769).
In particular, the document emphasizes that the contracts specified in paragraph 25 of the Rules are not subject to the provisions of Part 15 of Article 34 of Law No. 44-FZ, which allow them to be concluded in any form provided for by the Civil Code of the Russian Federation for transactions. Contracts are sent to the control body before they are signed by the counterparty.
It is also noted that the method of sending the draft contract (on paper or in electronic form) is determined in a particular case, based on the availability and application of both the customer and the control body, an information system that provides the possibility of sending the draft contract in electronic form. For example, some customers who make purchases for federal needs are provided with the opportunity to send draft contracts concluded with a single counterparty to the territorial bodies of the Treasury of Russia through the application software "Remote Financial Document Management System" (SUFD). At the same time, customers are advised to contact the relevant control body for questions about the possibility of sending the draft contract in electronic form.
Recall that according to sub-item " a " of clause 25 of the Rules for the purpose of conducting inspections when making purchases from a single counterparty in the cases provided for in clause 2, 3, 6, 7, 10 – 14, 16, 17, 19, 22, 31 – 33, 35, 37 – 39, 47, 48, 54, 55 Part 1 of Article 93 of Law No. 44-FZ, customers send a draft contract to the relevant control body before sending it to the procurement participant with whom the contract is concluded. In turn, the control body by virtue of sub-item " b " p. 25 Rules not later than 3 working days following the day of receipt of the draft contract will send the customer or notice of compliance controlled information Rules, or Protocol of a controlled mismatch of information Rules. In the latter case, the customer re-sends the amended draft contract to the relevant control body for verification.