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 the 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 of financial support |
– 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 Clause 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 of 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 personal account 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. A printed notification form will appear in front of you. 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.
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 “our” 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 using budget funds. One of these special legal acts is Law N 44-FZ, which sets out the rules governing the 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". This 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 UIS 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 the data on the completed purchase with the 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 discrepancies 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 your 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.
Federal Treasury in connection with the release of version 8.1 of the unified information system in the field of procurement (hereinafter referred to as the UIS) sends for methodological guidance the activities of the Territorial Bodies of the Federal Treasury (hereinafter referred to as the Control Bodies) updated Methodological Recommendations on the procedure for exercising control in the field of procurement provided for in Part 5 of Article 99 of the Federal Law of 04/05/2013 No. 44-FZ “ ABOUT contract system in the field of procurement of goods, works, services to meet state and municipal needs", including taking into account the procedure for monitoring customers falling under the scope of Government resolution Russian Federation dated November 27, 2017 No. 1428 “On the specifics of procurement for the needs of national defense and state security.”
Additionally, as part of the release of version 8.1 of the UIS and the launch of new functionality of the UIS in the personal account of the Control Authority, we send the following documents for recording and use in work:
1) quick guide user in terms of the features of working with the functionality of version 8.1 of the UIS when exercising control provided for in Part 5 of Article 99 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, and also checking contracts included in the register of contracts concluded by customers, in accordance with the Rules for maintaining a register of contracts concluded by customers, approved by Decree of the Government of the Russian Federation on November 28, 2013 No. 1084 “On the procedure for maintaining a register of contracts concluded by customers, and a register of contracts containing information constituting a state secret";
2) a brief user guide regarding the implementation features in version 8.1 of the EIS of the requirements of the Decree of the Government of the Russian Federation of November 27, 2017 No. 1428 “On the features of procurement for the needs of national defense and state security.”
Application: 26 l. in 1 copy.
| R.E. Artyukhin |
Unified information system in the field of procurement
Quick User Guide
Regarding the features of working with the functionality of the unified information system in the field of procurement, version 8.1, when exercising control provided for in Part 5 of Art. 99 of the Federal Law of 04/05/2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”, as well as verification of contracts included in the register of contracts concluded by customers, in accordance with the Rules for maintaining the register contracts concluded by customers, approved by Decree of the Government of the Russian Federation on November 28, 2013 No. 1084 (hereinafter referred to as Law No. 44-FZ, Resolution No. 1084)
The document is compiled on 23 sheets
Annotation
This document is an addition to the user manual “Body authorized to exercise control in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ”.
1. Features of the formation, placement, sending for control and carrying out control of the procurement plan provided for in Part 5 of Art. 99 of Law No. 44-FZ
See Section 4.3.3 for details. user manual “Body authorized to exercise control in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ.”
1.1. For customers who are recipients budget funds, as well as in the case of transfer of powers of a state (municipal) customer to them in accordance with clause 6 of Art. 15 of Law No. 44-FZ
The functionality of LC OK has been improved to monitor the compliance of the volume of financial support for the procurement plan with the established limits of budget obligations in the context of budget classification codes (hereinafter referred to as BCC), including in an automated way through the interaction of the UIS with Automated system Federal Treasury (hereinafter - AS FC).
When LC OK receives the procurement plans of such customers for control, the controlled information will be displayed in the context of the KBK.
At the same time, automation of such control is provided for in the LC OK of the Federal Treasury authorities in relation to procurement plans of customers who are federal authorities, federal government agencies, and other organizations in the event of transfer of the powers of the state customer to them in accordance with Part 6 of Article 15 of Law No. 44-FZ , as well as customers making purchases on behalf of a constituent entity of the Russian Federation (municipal entity) in the event of transfer of control powers to the Federal Treasury and maintaining personal accounts with the Federal Treasury.
The statuses of the formation of control results in the AS FC are indicated in the OK LC automatically in the “Control Status” field, as well as in the Event Log of the control object, where the main events of data processing in the AS FC are recorded, including errors during data processing are displayed (see Figure 1 ).
- “A request has been sent to the PUR” - assigned if information about the procurement plan is sent to the AS FC management subsystem;
- “Delivered to the PUR” - assigned if a message was received from AS FC about receiving information about the procurement plan;
- “Not delivered to the PUR” - assigned if information about the procurement plan was not delivered to the AS FC;
After receiving the control result from the AS FC in LC OK, the automatically generated control results will be displayed on the “Information subject to control” tab (see Figure 2), and in the case of negative control for a specific BCC, the amount for which the comparison was made will be displayed.
Connecting the LC OK of the Federal Treasury authorities to the UIS functionality for automated control of the procurement plan will be carried out in stages in accordance with official notifications from the Federal Treasury.
Please note that for the LC OK of financial bodies of the constituent entities of the Russian Federation (municipalities) and management bodies of state extra-budgetary funds (hereinafter referred to as financial bodies, OUGVF), functionality for automated control of procurement plans is not provided.
At the same time, control in the context of the KBK in the LC OK of financial bodies and OUGVF, as well as bodies of the Federal Treasury (in the period before connecting to the automated control functionality) must be carried out manually for each payment period (fiscal year, first year of the planning period, second year of the planning period ).
1.2. For budgetary and autonomous institutions
In order to comply with the provisions of subparagraph “a” of paragraph 13 of the Rules for the implementation of control, provided for in Part 5 of Article 99 of Law No. 44-FZ, approved by Decree of the Government of the Russian Federation dated December 12, 2015 No. 1367 (hereinafter referred to as Rules No. 1367), the UIS has implemented functionality that allows budgetary and autonomous institutions to carry out procurement even if the total amount of financial support specified in the procurement plans of such institutions exceeds the corresponding amount of financial support specified in their financial and economic activity plan (hereinafter referred to as PFHD), provided that other indicators of the procurement plan are consistent and PFHD to each other, as well as not exceeding the amount specified in the procurement plan for the current financial year over the corresponding PFHD indicator.
At the same time, LC OK has implemented functionality for automated monitoring of the compliance of the final volume of financial support for the procurement plan, for compliance with the indicators of the PFHD, posted on the Official website on the Internet for posting information about government and municipal institutions BUS.GOV.RU (hereinafter referred to as GMU), by year the procurement began.
When the procurement plan of a budgetary, autonomous institution is received in LC OK for control, the controlled information will be displayed in the context of the year the procurement began. The control body must wait for the draft control result to be generated automatically.
The stages of processing a request to receive indicators from the GMU can be tracked in the “Control Status” field and in the Event Log of the control object, where the main events of data processing at the GMU are recorded, including errors during data processing (see Figure 3).
In this case, the following control states may exist:
- “A request has been sent to the State Medical University” - assigned when sending a request to the State Medical University to obtain PFC indicators to monitor the procurement plan;
- “Delivered to the State Medical University” - assigned if a request for obtaining PFHD indicators was delivered to the State Medical University to monitor the procurement plan;
- “Not delivered to the State Medical University” - assigned if the request for obtaining PFCD indicators was not delivered to the State Medical University;
- “A draft control result has been generated” - assigned if a draft Notification of Compliance with Controlled Information or a Protocol of Non-Conformity of Controlled Information has been generated, but the result has not yet been signed;
- “The control result is signed” - assigned if the control result is generated and signed.
After receiving the PFCD indicators from the State Medical University, automatically generated control results will be displayed on the “Information subject to control” tab (see Figure 4).
The control result is formed by comparing for each year of the start of the procurement included in the planning period (fiscal year, first year of the planning period, second year of the planning period) the amount of financial support for all IKZ for which purchases are planned in the corresponding year (the first two categories of IKZ coincide with the last two digits of the year) and the amount indicated in the FCD on line 2001 in columns 7, 8, 9 for the corresponding years of the purchase. The total values for IKZ by year will be calculated automatically, and a list of such IKZ is displayed in the list under the total values. If a discrepancy between the amounts for a specific year of procurement commencement is detected, the result “Failed” will be set for all IPCs for this year.
Thus, if the volume of financial support in the procurement plan for the current financial year does not exceed the amount of the corresponding PFHD indicator, and the excess is recorded only in terms of indicators of the planning period, then procurement by budgetary and autonomous institutions with a positive result of control of the procurement schedule, notification the procurement and procurement documentation in the current financial year will not be blocked, despite the excess of the total amount of financial support.
1.3. For federal state unitary enterprises making purchases using subsidies provided to them from the federal budget for the implementation of capital investments into federal property or acquisition of real estate into federal ownership (hereinafter referred to as FSUE)
In LC OK, in connection with the monitoring of the FSUE procurement plan for information on registered budgetary obligations accepted by the FSUE under agreements on the provision of subsidies to the FSUE for capital investments in federal property or the acquisition of real estate in federal ownership (hereinafter referred to as agreements), functionality for monitoring has been implemented compliance of the final volume of financial support for the FSUE procurement plan, broken down by agreements, with compliance with the adopted BOs under such agreements.
At the same time, when receiving the procurement plan of a federal state unitary enterprise for control in LC OK, the controlled information will be displayed in the context of agreements (see Figure 5).
The control body needs to carry out such control manually using the search service of the cost management subsystem of the state integrated information management system public finance“Electronic budget” (hereinafter referred to as EBP EB) or AS FC to find information about the registered BO of the recipient of budget funds that provided the subsidy to the Federal State Unitary Enterprise (for example, by the number of the subsidy agreement). The control body must check the information on the amount of financial support for the procurement plan (for a specific subsidy) to ensure that it does not exceed the amount of the corresponding BO (control is carried out by year).
Also, in order to comply with the provisions of subparagraph “b” of paragraph 13 of Rules No. 1367 in terms of monitoring the FSUE procurement plan, as well as ensuring the continuity of the procurement process, the EIS has implemented functionality that allows FSUE purchases, even if the procurement plan has not passed control compliance with accepted BP, subject to compliance of other control objects with each other.
1.4. Procurement plan containing information on procurement outside the planning period (in relation to procurement plans of authorities, government institutions, budgetary institutions and autonomous institutions)
Functionality has been implemented to create a UIS in the Customer’s Personal Account (hereinafter referred to as the Customer’s Personal Account) and provide for control, as provided for in subparagraph “a” of paragraph 13 of Rules No. 1367, information confirming the possibility of making a purchase outside the planning period in the cases specified in paragraph 3 of Article 72 Budget Code of the Russian Federation.
When indicating financial support in the procurement plan position in the “Amount for subsequent years” column, the customer on the “Information on procurement for subsequent years” tab (see Figure) must enter the grounds for such purchases in accordance with Appendix No. 5 to the Procedure for Interaction of the Federal Treasury with the subjects of control specified in paragraphs 3 and 6 of Rules No. 1367, approved by Order of the Ministry of Finance of Russia dated July 4, 2016 No. 104n.
Such information will be provided for control to the LC OK as part of the procurement plan when it is sent for control from the Customer's LC. The specified information will be displayed in the OK LC on the “Control for compliance with legal acts” tab (see Figure). Based on such information, the specialist of the control body must carry out visual inspection. If a discrepancy with the controlled information is detected, procurement using the corresponding procurement identification code (hereinafter referred to as IPC) will be blocked.
Please note that the formation and submission of information on regulatory legal acts confirming the possibility of procurement outside the planning period (hereinafter referred to as RLA) by budgetary, autonomous institutions is carried out similarly to the functionality developed for the Customer’s LC, which is a state (municipal) customer (see Figure ).
At the same time, information about legal acts of the specified customers is displayed in LC OK on the same tab with information about the compliance of the procurement plan information with the PFHD indicators (see Figure 8)
2. Features of the formation, placement, sending for control and monitoring of the procurement schedule provided for in Part 5 of Article 99 of Law No. 44-FZ
In order to optimize the control of procurement plans and schedules, provided for by the provisions of subparagraph “c” of paragraph 13 of Rules No. 1367, as well as to ensure correct control over the amount of financial support provided for procurement, the UIS has implemented functionality that allows generating a positive control result according to the plan - the procurement schedule in case of compliance with the IKZ of the procurement plan and the actual non-exceeding of the amount of financial support allocated for procurement (including when adjusting payments based on the results of savings achieved).
LC OK has implemented automatic control over the compliance of procurement schedules with procurement plans by checking only for compliance with the IKZ, for the non-exceeding of such IKZ planned payments in the next financial year and planning period and the amounts of payments outside the planned period over the amount of corresponding financial support in procurement plans, as well as for passing the appropriate IKZ control in the procurement plan (inconsistency in justifications for amounts for subsequent years, or inconsistency in the volumes of the procurement plan for PFHD).
At the same time, control over the compliance of the NMCC with the volume of financial support in the procurement plan is not carried out, since in the general case it is redundant due to the compliance of the NMCC with the planned payments (such compliance is ensured by format and logical controls at the stage of forming the procurement schedule in the customer’s personal account). In a particular case, the NMCC does not indicate the actual volume of payments, but is necessary only for bidding (for example, concluding an energy service contract in accordance with Article 108 of Law No. 44-FZ), cannot be determined in numerical terms (in this case it is indicated in the form of a formula (purchase of services for the sale of state property), or does not display the volume of payments after clarification of planned payments based on the results of savings, since the NMCC is not subject to change.
Also implemented is the display of the corresponding controlled information in the OK LC on the “Information subject to control” tab (see Figure 9).
See section 4.3.4 for details. user manual “The body authorized to exercise control in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ.”
3. Features of the formation, control and placement of notices of procurement and documentation of procurement of federal-level organizations
See Section 4.3.5 for details. user manual “The body authorized to exercise control in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ.”
3.1. For government customers generating information on budget obligations
To monitor procurement notices and procurement documentation from government customers that generate information about accepted budget obligations in accordance with the Procedure for accounting by territorial bodies of the Federal Treasury of budgetary and monetary obligations of recipients of federal budget funds, approved by Order of the Ministry of Finance of Russia dated December 30, 2015 No. 221n (hereinafter respectively - PBO, Order No. 221n), functionality for automatic formation a positive control result in the event of generating information about the PBO based on such a notice of procurement in the Unified Information System.
The connection of these customers to the functionality for generating information about PBO in the UIS will be carried out in stages in accordance with official notifications of the Federal Treasury.
If the customer is included in the Site Operator’s settings for using the functionality for generating information about the PBO in the UIS, such customer will not have access to the function of sending procurement notices for control until the corresponding PBO is registered with the PUR EB.
Thus, in the event that a procurement notice is received for control indicating that the corresponding PBO, generated in the Unified Information System, has been registered, a draft control result for such a notice will be generated in LC OK automatically (see Figure).
If the PBO was registered without using the UIS functionality, the control result for such a notice will not be automatically generated in the OK LC.
In this case, the Control Body independently, by searching for this PBO in the AS FC and (or) in the PUR EB, will additionally need to carry out visual control of the amount indicated in the information about the PBO in the AS FC and PUR EB, the initial (maximum) price of the contract (hereinafter - NMCC ), specified in the notice of procurement. It is also necessary to carry out additional control over the compliance of the BAC specified in the PBP with the BAC contained in the current posted version of the procurement plan.
The procurement notice will be checked for compliance with the IKZ and NMCC specified in the procurement schedule for goods, works, and services (hereinafter referred to as the procurement schedule).
Please note that the function of posting a notice of procurement in the Unified Information System becomes unavailable to customers if the Control Authority issues a protocol on non-compliance with controlled information on the following grounds:
NMTC in the procurement notice does not correspond to similar information in the procurement schedule;
The NMCC indicated in the procurement notice does not correspond to the amount of the PBO;
The PBO according to the notice of procurement has not been registered;
The BSCs specified in the PBP are not included in the procurement plan;
Negative control of the procurement plan and procurement schedule due to the failure to provide in the procurement plan for the relevant IKZ justification for the availability of amounts outside the planning period.
Please note that if, based on the results of control of the procurement plan, a protocol is issued on non-compliance with the controlled information due to the excess of the volume of financial support under the BCC over the corresponding limits of budget obligations, according to notices of procurement (in the absence of corresponding violations under the NMCC and IKZ) this CBC will have the opportunity to obtain positive control if there is a free balance of funds on the front side for procurement.
Upon receipt in the Customer’s LC of a protocol on non-compliance with the controlled information on the procurement notice, the customer needs to create changes to it and re-send it for control (see Figure 9).
3.2. For federal budgetary and autonomous institutions
The Customer's Personal Account has implemented the functionality of blocking the placement of a notice of procurement if a protocol of non-compliance with at least one of the identified violations was received from the Control Authority:
No corresponding IPC was found in the procurement schedule;
NMTC does not correspond to similar information in the procurement schedule;
The IPC in the procurement schedule did not pass control due to identified violations in the IPC of the procurement plan (no justification was provided for the availability of amounts for subsequent years or the amount of financial support for the current financial year did not pass control for compliance with the PFC).
Upon receipt of a protocol on non-compliance with controlled information, the customer must generate changes and re-send the notification for control (see Figure 9).
3.3. For federal state unitary enterprises
3. The customer’s personal account has implemented the functionality of blocking the placement of a notice of procurement if a protocol of non-compliance with at least one of the identified violations was received from the Control Authority:
No corresponding IPC was found in the procurement schedule;
NMTC does not correspond to similar information in the procurement schedule.
Moreover, such control is carried out completely automatically.
Upon receipt of a protocol on non-compliance of controlled information, the customer must generate changes and re-send the procurement notice for control (see Figure).
4. Prohibition of placement by federal-level customers in the Unified Information System of the final protocol for determining the supplier (contractor, performer) in the event that a protocol of non-compliance is issued according to it
A ban has been implemented by federal-level customers from posting the final protocol for determining the supplier (contractor, performer) (hereinafter referred to as OPPI) in the event that a protocol of non-compliance is issued on it in connection with a found discrepancy between the information contained in the OPPI and the information specified in the procurement documentation (in the absence of documentation , in the notice of procurement), in part:
The excess of the contract price proposed by the procurement participant, the recognized winner of the determination of the supplier (contractor, performer), the only participant whose application is recognized as complying with the requirements of Law No. 44-FZ, over the NMCC specified in the procurement documentation (in the absence of documentation, in the notice of implementation procurement);
Excess of the contract price concluded with a single supplier (contractor, performer) over the NMCC specified in the procurement documentation (in the absence of documentation, in the procurement notice).
See section 4.3.6 for details. user manual “Body authorized to exercise control in accordance with Part 5 of Article 99 of Federal Law No. 44-FZ.”
5. Change in control under Part 5 of Art. 99 of Law No. 44-FZ, according to Rules No. 1084, according to Order No. 221n of information included in the register of contracts concluded by customers, in terms of minimizing manual completion of control results
In order to ensure the convenience of monitoring information included in the register of contracts concluded by customers (hereinafter referred to as the Register of Contracts) provided for by the provisions of subparagraph “c” of paragraph 13 of Rules No. 1367, paragraph 13 and paragraph 14 of Rules No. 1084, paragraph 13 of the Procedure for accounting for budgetary obligations of recipients funds from the federal budget approved by Order No. 221n, the UIS has implemented functionality that allows you to generate the result of control according to an exhaustive list of necessary checks.
LC OK has implemented a new display of the “Information subject to control” tab with a step-by-step structure (see Figure 3):
The first step includes checking the availability of documents provided by the customer for inclusion in the Register of Contracts (copy of the concluded contract, information about the conclusion of the FAS Russia on the purchase from sole supplier, decision of the medical commission). Automatically for all documents, the control result will be set to “Passed”, since the necessary attachment of documents is regulated by format and logical controls when generating information about the contract by the customer. Documents provided by the customer are automatically set as documents containing information for control. For further control, you need to download a copy of the concluded contract by clicking on the hyperlink of the relevant document.
The second step includes checking the compliance of the attribute values described in clause 13, subclause “c” of clause 14 of Rules No. 1084, clause 13 of Rules No. 1367 and specified in the Printed Form of information included in the Register of Contracts, with the terms of the contract found in the downloaded document on step one. For each of the attributes, it is necessary to set the result, and the “identified inconsistencies” field will be automatically filled in with the corresponding text about the inconsistencies found. When monitoring attributes for each procurement object, for each medicinal product or for each supplier, it is necessary to set the control result to “Fail” if a discrepancy is detected for at least one of them. At the same time, it is recommended to clarify the identified inconsistencies in which specific procurement object, medicinal product, etc. a discrepancy has been identified.
The third step includes checking the name of each procurement object for compliance with the catalog of goods, works and services (hereinafter referred to as KTR). The system automatically sets this parameter to the value “Passed”, since when the customer generates the name of the control object according to KTR, compliance is ensured automatically. If automatic compliance has not been established in the Register of Contracts, then this control must be carried out manually.
The fourth step includes checking according to Order No. 221n for compliance of information about the project of the adopted BO with the basis document, i.e. printed form information included in the Register of Contracts. The system automatically sets this parameter to the value “Passed”, since the correspondence of documents to each other is ensured by format and logical controls when generating information by the customer. If a discrepancy is identified in at least one of the checks under Order No. 221n, then it is necessary to set the result “Fail” for this item.
The fifth step includes checking the consistency of information included in the Register of Contracts with information already included in the Register of Contracts for a given contract. This step will display a list of documents within registration number included in the Register of Contracts, i.e. documents for which a notification of compliance was previously signed. This check must be done manually.
6. Other changes to the control functionality to ensure ease of use
6.1. An indication has been implemented when monitoring procurement schedules for the procurement plan (see Figure 4), notices of procurement and procurement documentation for the procurement schedule, displaying information that the document containing information for monitoring (purchase plan, the procurement schedule accordingly) was placed with a negative control result.
6.2. A warning from the Control Authority has been implemented when conducting control if a new version of a document containing information for control has been posted (see Figure 5), for example, when posting a new version of the procurement plan during control of the procurement schedule or posting a new version plan-graphics procurement when monitoring the procurement notice and procurement documentation. When regenerating the control result, all previously entered data will be lost and a new project control result according to the current version. If the Control Authority has ignored the message, a message will be displayed next to the document version stating that the document is no longer current (see Figure 6).
Figure 5. Displaying a message about the need to recalculate information to a more current version of the document containing information for control#
6.3. The functionality for displaying the results of automatic document control has been implemented. If it is necessary to restore the results of automatic control, you must click on the hyperlink “Display results of automatic control”, after which the data entered on the page will be lost and the result of automatic control will be displayed. In the “Control Result” block, it will always be displayed which specific control result was generated automatically if the Control Authority decided to make changes (see Figure).
6.4. The functionality for selecting from a directory of typical identified inconsistencies has been implemented. The “Identified inconsistencies” field of the tabular section is a text field with the ability to pre-fill it with one of the typical inconsistencies that can be identified for a given control object (see Figure 8).
The list of values available for selection is displayed when the cursor is placed in the field of identified inconsistencies. To fill out the field, select the desired value and click on it. After selection, this value is displayed in the field and is subsequently displayed in bold, which indicates that this discrepancy has already been indicated. If necessary, you can adjust the field by entering free text. All inconsistencies entered in the tabular section are automatically displayed in the “Identified inconsistencies” field in the “Inspection Result” block. When generating an automatic control result, the UIS independently pre-fills the fields with typical inconsistencies from such a directory.
6.5. The customer's personal account implements the functionality of setting a block on the placement of control objects until the control result is received on them. This setting is available to the Organization Administrator in the section “Setting up blocking of document placement (RF PP 315)” (see Figure 9). It is necessary to take into account that according to the Decree of the Government of the Russian Federation dated March 20, 2017 No. 315 “On amendments to the Rules for the implementation of control provided for in Part 5 of Article 99 of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” until January 1, 2019, in relation to customers making purchases to meet the state needs of the constituent entities of the Russian Federation (municipal needs), the provisions of the second paragraph of paragraph 14, the second paragraph of paragraph 15 of Rules 1367 are suspended (regarding the non-placement of control objects in the Unified Information System until the identified violations are eliminated).
6.6. In LC OK, it is possible to set up automatic signing of control results (notices of compliance/protocol of non-compliance) in the Personal Account of the Control Body, which is a territorial body of the Federal Treasury. This setting is available to the Organization Administrator in the section “Setting up blocking of document placement (RF PP 315)” (see Figure 10). It is necessary to take into account that by installing the auto-signing setting, the Control Authority continues to be responsible for the control result issued in this way to the customer, as if he had carried out control and signed the control result himself, therefore it is necessary to approach the use of the setting with caution and apply it only for documents in which the automatically generated control result always coincides with the decision made on such a document by the Control Authority itself.
Document overview
The release of version 8.1 of the EIS in the field of procurement is reported. Current methodological recommendations on control in the field of procurement, including for the needs of national defense and state security.
A ban has been implemented on federal customers posting the final protocol for determining the supplier (contractor, performer) in the event that a protocol of non-compliance is issued based on it due to a found discrepancy between the information contained in the OPPI and the data of the procurement documentation (procurement notice).
In the customer’s personal account, the functionality has been implemented to set a block on the placement of control objects until a result is received on them.
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.
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 capital investments;
- state and municipal bodies, government agencies 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).
Loading...
