1. After a change has been made to the PP, the document is in the “New” status. We carry out the action - PROCESS .
2. The procurement plan switches to the status “Sent for control to SKIB”. This status means that your procurement plan has been sent to the ACC Finance system for preliminary control for compliance with financial support. Control takes place automatically, without user participation. If the control does not pass, the Procurement Plan will switch to the “No collateral” status. If the control is completed successfully, the Procurement Plan will move to the status "The procurement plan has been approved."
3. When the procurement plan switches to the status “Procurement plan approved”, we perform the action - UPLOAD THE PLAN INTO EIS.
Only after this action, the Procurement Plan is sent to the Federal District Control (Yu.V. Kapralova). The status “Sent for control” will appear in the “Financial authority control” column. The procurement plan will remain in this status until it is personally checked by an FI employee.
4. The FO employee checks the Procurement Plan. If the control is passed, the procurement plan is sent to the EIS website, where the customer publishes it. In the column “Plan status in the UIS” the value changes to Sent to the UIS / Uploaded to the UIS.
Having placed information about purchases in a specialized “Unified Information System”, the customer may find that the data he sent received the status “Failed control under Part 5. Article 99 44-FZ." This usually means that the procurement information submitted by the customer contains a number of inconsistencies with the requirements of the regulatory framework of the legislation of the Russian Federation regarding procurement with state and municipal funds. Below we will analyze the essence of this problem and options for solving it.
What does the status of control failure under Part 5, Article 99 44-FZ mean?
As is known, the legislation of the Russian Federation contains a number of normative legal acts regulating the activities of federal and municipal bodies and economic entities of the Russian Federation in the field of procurement. The adoption of such legislation is due to various forms of financial abuse in procurement with public funds (purchases among “their” counterparties, dividing the subject of procurement into parts, purchases at inflated prices, kickbacks and other forms of offenses).
Procurement control is designed to counteract violations in the field of procurement in budget funds
One of these special legal acts is Law N 44-FZ, which sets out the rules governing contract system in the field of public procurement.
According to the articles of this law, state and municipal bodies exercise treasury control over purchases made with budget funds. This control is carried out in two main forms:
- When published in the EIS. Procurement data is generated by the customer and sent to electronic form to the Unified Information System (UIS), where they are controlled within 24 hours. If no errors are detected, the data appears in the system within one business day and becomes available for viewing;
- Using AS "Budget". Specified automated system controls procurement information submitted in paper form. The verification period is 3 days.
If inconsistencies are identified in the information submitted by the customer, the latter receives a protocol with the status “Failed control under Part 5 of Article 99 44-FZ”, a plan schedule and other related documents.
At the same time, the EIS itself was not ready for the increase in the load on it from January 1, 2017, due to the entry into force of the provisions of Part 5 of Article 99 of the law mentioned above. The system was unstable for months, thousands of contracts were stuck on indefinite time, as a result of which many enterprises and institutions did not receive the goods and services they needed.
Control Check Options
When carrying out the procedure of the specified treasury control, the following are subject to inspection:
- Correspondence of indicators of the total amount of available funds and funds allocated for procurement;
- Compliance of payment indicators of the schedule plan and payments specified in the previously provided plan;
- Compliance of data on the completed purchase with data from the plan and schedule plan;
- Correspondence of the details of the supplier and the customer, the name of the nomenclature and volumes of supplied products, the timing of the order;
- Contract deadlines and other relevant information.
If the parameters do not match, the responsible employee of the system generates a protocol of discrepancy, which is sent to the original procurement customer.
Protocol of non-compliance of information with legal requirements What to do when receiving a protocol on failure to pass control
The control authorities must indicate in the notice all inconsistencies they have identified and create a note about this within three working days. The status of notifications in the UIS will be changed to “Control failed.” The relevant documentation can be viewed on the “Purchasing Documents” tab
Having received the specified protocol and related documents, the business entity must correct the identified inconsistencies, and then send the data again for verification. Otherwise, the customer faces administrative liability and a fine of up to 50 thousand rubles.
The mentioned protocol is usually available in personal account, register entry or in the part of the UIS that is open for viewing.
Conclusion
A protocol with the status “Failed control under Part 5 of Article 99 of 44-FZ” usually means that the procurement customer sent incorrect data for placement in the Unified Information System. After receiving the specified protocol, it is recommended to re-verify the data to eliminate errors, after which it is necessary to send the updated data to the Unified Information System for treasury control.
What to do if a protocol is received indicating that controlled information does not comply with the requirements established by Part 5 of Article 99 Federal Law dated April 5, 2013 No. 44-FZ?
Answer
Read the answer to the question in the article: If during formation terms of reference We don’t ask for specific indicators for nails, do we need to indicate the country of origin of the nails, and if we ask for specific indicators for paint, do we need to indicate the country?
It is necessary to correct the violations and undergo re-inspection. This follows from point 5 General requirements from the order of the Ministry of Finance of Russia dated July 22, 2016 No. 120n and paragraphs 14 and 15 of the Rules, which the Government of the Russian Federation approved by resolution No. 1367 dated December 12, 2015.
At the same time, the deadlines for eliminating violations in these regulations have not been established.
How to check the information that the customer places in the UIS
Since January 1, 2017, the information that customers place in the Unified Information System is checked by control authorities under Part 5 of Article 99 of Law No. 44-FZ. Beginning January 1, 2018, federal customers will only publish information with positive Treasury oversight. For regional and municipal customers, this rule will come into effect on January 1, 2019. The deadlines are established in Decree of the Government of the Russian Federation of March 20, 2017 No. 315.
The obligation to control customers is established in Part 5 of Article 99 of Law No. 44-FZ. How controllers check information and how the customer should act in various situations, read the recommendations.
Which customers came under control in the UIS
The Government of the Russian Federation recognized the following as subjects of control:
- customers who conduct purchases on behalf of the Russian Federation at the expense of federal budget;
- organizations to which the powers of the state customer were transferred according to the rules of the budget legislation of the Russian Federation;
- federal budgetary institutions that conduct procurement in accordance with the rules of Part 1 of Article 15 of Law No. 44-FZ;
- federal autonomous institutions, federal state unitary enterprises that conduct procurement in accordance with the rules of Part 4 of Article 15 of Law No. 44-FZ;
- federal state unitary enterprises that make purchases using federal budget subsidies for capital investments in federal property or the purchase of property for the state.
This is stated in paragraphs 3, 4, 5 of the Rules, approved by Decree of the Government of the Russian Federation of December 12, 2015 No. 1367, hereinafter referred to as Rules No. 1367.
Who exercises control in the UIS
The information that customers publish in the UIS is checked by the Federal Treasury, financial authorities of the constituent entities of the Russian Federation and municipalities, management bodies of state extra-budgetary funds (Part 5 of Article 99 of Law No. 44-FZ).
How can a customer find out his control authority? The control body that will check your document, look in the document card in the UIS. For example, if you have already created a procurement plan, go to the document card. In the context menu of the procurement plan, click on the “View” item. The purchasing plan details page appears. On the " General information» find the item “Control body exercising control under Part 5 of Article 99”. If you are creating a procurement plan, control body also look under the General Information tab.
Let’s say that in the field “Control body exercising control under Part 5 of Article 99” it is indicated “No connection established”. This means that the control body that checks your documents has not included the organization in its list of subjects of control in the Electronic Budget system. It will not be possible to send the document for control. To correct the error, contact the controllers.
The rules by which controllers check whether information meets the requirements of Law No. 44-FZ were established by the Government of the Russian Federation in Resolution No. 1367 of December 12, 2015.
What information do controllers check in the UIS?
Controllers check the information contained in the procurement plan, procurement schedule, notices, draft contracts, as well as information that the customer sends to the contract register. Information about the amount of financing and the procurement identification code also comes under control. If the customer has made changes to the listed documents, the corrected information will also be checked.
In this case, controllers will only check information that the customer published after January 1, 2017. For example, the procurement plan and procurement schedule for 2017, which the customer posted in December 2016, will not be checked. However, if the customer makes changes to the schedule already in 2017, the adjusted document will be subject to control. This is due to the fact that Part 5 of Article 99 of Law No. 44-FZ and Resolution No. 1367 came into force on January 1, 2017.
Rules by which information from the UIS will be verified
| What does the controller check? (Column 1) |
What is the information verified against? (Column 2) |
Matching formula |
| Procurement plan: volume financial security |
– Limits on budgetary obligations; – payments from FHD plans |
Column 1 ≤ Column 2 |
| Schedule: NMCC, price of the contract with the supplier according to IKZ | Procurement plan: NMCC | Column 1 ≤ Column 2 |
| Notice: NMCC for IKZ | Schedule: NMCC for IKZ | Column 1 = Column 2 |
| Procurement documentation: NMCC for IKZ | ||
| Invitations to participate in procurement: NMCC for IKZ | ||
| Contract with food supplier: price according to IKZ | ||
| : NMCC for IKZ | Procurement documentation: NMCC | Column 1 ≤ Column 2 |
| Supplier Determination Protocol: IKZ | Procurement documentation: IKZ | Column 1 = Column 2 |
| The draft contract that the customer sends to the participant: NMCC, IKZ | Supplier Determination Protocol: NMCC, IKZ | Column 1 = Column 2 |
| Register of contracts: contract price and IKZ, which the customer sends to the registry | Contract: contract price and IPC | Column 1 = Column 2 |
This is stated in part 5 of article 99 of Law No. 44-FZ and paragraph 13 of the Rules approved by Resolution No. 1367.
How long does the Treasury carry out financial control?
The verification period is one business day, if the information being verified meets the control requirements. If the requirements are not met, a protocol is sent to the customer indicating violations.
Until January 1, 2018, federal customers place information in the Unified Information System without control results. Regional and municipal customers – until January 1, 2019. The deadlines are specified in the Decree of the Government of the Russian Federation dated March 20, 2016 No. 315.
However, after these deadlines, information can be placed in the Unified Information System only after you have eliminated the violations and passed re-control. This follows from paragraph 5 of the General Requirements from Order of the Ministry of Finance of Russia dated July 22, 2016 No. 120n and paragraphs 14 and 15 of the Rules, which the Government of the Russian Federation approved by Decree No. 1367 dated December 12, 2015.
How control works in the UIS
You will see all decisions of controllers in your personal account of the EIS. And it doesn’t matter whether the control results are positive or negative. Act depending on what decision the controller made.
Let's say you created a purchase notice in the Unified Information System and sent it for control. To do this, in the notification context menu, select “Send for control and post.”
The system does not publish the notice at the same time, but sends the document to the control body for verification. If you filled out all the fields of the notification correctly, the system will display a message indicating that it is sending the document for control. Click OK. will appear in front of you printed form notices. Check the box that you agree to sign the information and click the “Sign and Post” button.
A warning message will appear, click the “Post” button. The system will inform you that it has sent a notification to control. Click OK. The notification will receive the status “Sent for control”.
If the notice complies with the formats of the Ministry of Finance of Russia, the system will assign the status of the notice “Under control”. In the “Under control” status, the notice is not displayed in the open part of the UIS, that is, participants do not yet see the document. The customer has the opportunity to view the document. You cannot edit or make changes to a document with the “Under control” status.
If the status “Not accepted for control” appears, edit the notice and resubmit it for control.
In the personal account of the EIS system, the controller will see the customer’s notice and check the document.
Attention: documents will be published in the Unified Information System immediately, before the Treasury or financial authority carries out control. This rule is valid until January 1, 2018 for federal customers, and until January 1, 2019 for regional customers. After the specified deadlines, information will be published only based on the results of the control. The ban on blocking publications is established in Decree of the Government of the Russian Federation of March 20, 2017 No. 315.
First of all, let’s look at which customers should submit the plan for financial verification after its formation. These include the following organizations:
- state and municipal customers selling funds from the federal, constituent entities of the Russian Federation and local budgets, as well as state extra-budgetary funds;
- budgetary institutions (Part 1 of Article 15 44-FZ);
- autonomous institutions (part 4 of article 15 44-FZ);
- state and municipal unitary enterprises with orders for implementation capital investments;
- state and municipal bodies, government institutions with powers to centralize and organize joint procedures.
What information is subject to verification?
The Federal Treasury, financial authorities of the constituent entities of the Russian Federation and management bodies of state extra-budgetary funds check information about the amount of financing of orders approved and communicated to the customer, as well as information about the identification code.
To pass control, the customer must remember that the amount of financial support specified in the planning document should not exceed the limits of budget obligations and payment indicators for financial and economic activity programs. Also, all categories of the identification code must be filled in, as required by the order of the Ministry economic development RF dated June 29, 2015 No. 422.
Verification procedure
The created planned procurement document must be sent to financial authority for consideration. But what to do if the procurement plan is not sent for control? The reason is either a lack of communication with the regulatory authority, or incorrect operation of the Unified Information System (UIS) website.
When the procurement plan is aimed at control, financial authorities generate a notification of inspection or a protocol of information discrepancies. To clarify why the procurement plan has not been accepted for control, contact the service technical support EIS or curator.
After verification, if the verified information matches established requirements, the plan is posted in the Unified Information System within one working day (Resolution No. 1367). If the procurement plan does not pass control, it cannot be placed in the Unified Information System until the identified violations are eliminated. These provisions for government customers at all levels came into force on January 1, 2020 in relation to customers to meet the state needs of the constituent entities of the Russian Federation and municipal needs (Resolution No. 315 of March 20, 2017). That is, you can post documents without waiting for verification results. A chain of simultaneous, rather than sequential, referral to the financial authority and publication in the Unified Information System has been implemented.
If the test fails
In this case, a protocol indicating the identified violations will be sent to the customer. The protocol of non-compliance of controlled information is displayed in the registry entry both in the customer’s personal account and in the open part of the UIS.
Although the posting of procurement information is not blocked while documents are being verified, it is worth remembering that accepting budget obligations in amounts exceeding the approved budget allocations entails the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand rubles (Article 15.15.10 of the Administrative Code).
Question: For several days now we have not been able to place a plan - a procurement schedule - in the UIS; the system is producing errors, although we are doing everything correctly. We wrote to the site support service many times, with no result. Tell me, is there any way we can get permission to enter into contracts without a posted schedule? Maybe the regulatory authority will accommodate us and allow us to conclude contracts?
Answer: Today there is only one information system in the field of procurement, it works extremely unstably, disruptions constantly occur, this is due to changes in the functionality of the Unified Information System, due to the entry into force of certain norms of legislation on the federal contract system.
In accordance with Part 11 of Article 21 of the Federal Law-44, customers make purchases in accordance with the information included in the schedules in accordance with Part 3 of Article 21 of the Federal Law-44. Purchases not provided for in the schedules cannot be carried out.
As can be seen from the above article of the law, you do not have the right to enter into contracts only if they are not provided for in the procurement plan. The law does not provide for any restrictions for customers in the event that the UIS does not contain a procurement schedule plan. Since, at the moment, your schedule plan has been formed and approved, you can carry out the purchases that are provided for by it, despite the fact that it is not published in the Unified Information System, there is no need to coordinate the conclusion of contracts in accordance with the regulatory authority.
Regarding the violation of the deadlines for publishing a procurement schedule plan in the Unified Information System due to technical failures in the operation of the site, you should remember the norms of Part 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, according to which legal entity found guilty of committing administrative offense, if it is established that he had the opportunity to comply with the rules and regulations, for violation of which the Code of Administrative Offenses of the Russian Federation or the laws of the subject Russian Federation administrative liability is provided, but this person did not take all measures depending on him to comply with them.
Therefore, if technical failures occur in the operation of the UIS, as a result of which for a long time you are unable to post information within the required time limits provided for by law, in order to avoid administrative liability, we recommend that you:
- Make a “screen copy” from the EIS website to confirm that you have made attempts to place a procurement schedule plan;
- Draw up a protocol on the impossibility of placing a schedule plan in the EIS due to technical failures;
- Send letters to the site support service with a requirement to take measures to eliminate technical failures.
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