The nuances of control in the field of procurement and the procedure for approving the conclusion of a contract based on the results of a failed purchase are explained
In particular, the specialists of the Ministry of Finance of the Russian Federation noted in their letter that the conclusion of a contract with a single counterparty in accordance with paragraph 25 of Part 1 of Article 93 of Federal Law No. 44-FZ of April 5, 2013 "On the Contract System in the procurement of goods, works, and services for State and Municipal needs" is carried out according to the general rules provided for in Article 83.2 of Law No. 44-FZ, and taking into account the specifics established in Article 93 of Law No. 44-FZ. Thus, the participant signs the draft contract regardless of whether the customer receives a decision to approve the conclusion of the contract with a single counterparty. At the same time, the customer signs the contract only after receiving the relevant decision to approve the conclusion of the contract within the time period provided for in paragraph 3 of Part 9 of Article 93 of Law No. 44-FZ (Letter of the Ministry of Finance of the Russian Federation No. 24-04-07/19432 of March 18, 2021).
In addition, the procedure for the customer's actions in the case of making a decision and an order for one purchase at the same time based on the results of an unscheduled inspection, as well as a decision on the approval of the purchase, is explained. In this case, it is recommended to comply with the decision and order of the control body, adopted as a result of an unscheduled inspection. At the same time, the contract is not concluded until the relevant order is fulfilled. It is also emphasized that the decision to approve the conclusion of the contract, adopted by the control body in the field of procurement at the regional level, is executed in the part that does not contradict the decision and order issued by the control body in the field of procurement at the federal level based on the results of an unscheduled audit of this purchase. The specified decision cannot be executed if the order provides for cancellation of the purchase results.
The decision to refuse to approve the conclusion of the contract, adopted by the control body in the field of procurement at the regional level, entails the impossibility of concluding the contract, regardless of the decision and instructions issued by the control body in the field of procurement at the federal level based on the results of an unscheduled audit of this purchase.
The method of sending to the control body the documents required for approval (on paper or in electronic form) is determined in a specific case, based on the availability and use by the customer and the control body of an information system that provides the possibility of sending documents in electronic form.