Sample of internal examination according to 44 Federal Laws. On the customer’s own examination of the results stipulated by the contract

1. Contract execution includes the following set of measures implemented after the conclusion of the contract and aimed at achieving procurement goals through interaction between the customer and the supplier (contractor, performer) in accordance with civil legislation and this Federal Law, including:

1) acceptance of the delivered goods, completed work (its results), rendered services, as well as individual stages of delivery of goods, performance of work, provision of services (hereinafter referred to as a separate stage of contract execution) provided for by the contract, including carrying out an examination of the delivered goods in accordance with this Federal Law goods, results of work performed, services provided, as well as individual stages of contract execution;

2) payment by the customer for the delivered goods, work performed (its results), services provided, as well as individual stages of contract execution;

3) interaction of the customer with the supplier (contractor, performer) when changing, terminating the contract in accordance with Article 95 of this Federal Law, applying liability measures and taking other actions in the event of violation by the supplier (contractor, performer) or customer of the terms of the contract.

2. The supplier (contractor, performer), in accordance with the terms of the contract, is obliged to provide timely reliable information about the progress of fulfilling its obligations, including difficulties arising during the execution of the contract, and is also obliged to provide the customer with the results of delivery of goods and performance of work by the deadline established by the contract or provision of services provided for in the contract, while the customer is obliged to ensure acceptance of the goods delivered, work performed or services rendered in accordance with this article.

3. To verify the results provided by the supplier (contractor, performer) provided for by the contract, in terms of their compliance with the terms of the contract, the customer is obliged to conduct an examination. The examination of the results stipulated by the contract can be carried out by the customer on its own, or experts and expert organizations can be involved in its implementation on the basis of contracts concluded in accordance with this Federal Law.

4. The customer is obliged to involve experts and expert organizations in conducting an examination of the goods supplied, work performed or services provided if the purchase is made from a single supplier (contractor, performer), except for the following cases:

2) procurement of services of experts, expert organizations;

3) if the result of the work performed under the contract is the design documentation of a capital construction project and (or) the results of engineering surveys that have passed state or non-state examination, which is mandatory in accordance with the provisions of the legislation of the Russian Federation.

(see text in the previous edition)

4.1. The Government of the Russian Federation has the right to determine other cases of mandatory examination by experts and expert organizations of the goods supplied, work performed, and services provided under the contract.

5. To conduct an examination of the delivered goods, work performed or services provided, experts and expert organizations have the right to request from the customer and supplier (contractor, performer) additional materials related to the terms of the contract and individual stages of the contract. If, based on the results of such an examination, violations of the contract requirements are established that do not prevent the acceptance of the goods supplied, work performed or services rendered, the conclusion may contain proposals to eliminate these violations, including indicating the deadline for their elimination.

(see text in the previous edition)

6. By decision of the customer, an acceptance committee consisting of at least five people may be created to accept the delivered goods, work performed or services rendered, or the results of a separate stage of contract execution.

7. Acceptance of the results of a separate stage of contract execution, as well as goods delivered, work performed or services rendered, is carried out in the manner and within the time limits established by the contract, and is documented in an acceptance document, which is signed by the customer (in the case of creating an acceptance committee, it is signed by all members of the acceptance committee and approved by the customer), or the customer sends a reasoned refusal to sign such a document in writing to the supplier (contractor, performer) within the same time frame. If the customer engages experts and expert organizations to carry out the said examination, when making a decision on acceptance or refusal to accept the results of a particular stage of contract execution or the delivered goods, work performed or services rendered, the acceptance committee must take into account the experts’ proposals reflected in the conclusion based on the results of the said examination, expert organizations involved in its implementation.

8. The customer has the right not to refuse to accept the results of a particular stage of contract execution or goods delivered, work performed or services rendered in the event of a discrepancy between these results or these goods, work, services with the terms of the contract, if the identified discrepancy does not prevent the acceptance of these results or these goods, works, services and eliminated by the supplier (contractor, performer).

9. The results of a separate stage of contract execution in the event that the subject of the contract is the construction, reconstruction, major repairs of capital construction projects, the preservation of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation or the contract price exceeds one billion rubles, information about the goods supplied, work performed or service provided (except for the contract concluded in accordance with paragraph 4, , , , , or

Since the entry into force of 44-FZ, customers have a new obligation - to conduct an examination of the results obtained under the contract. There is an “economical” option, when the examination can be carried out by our own employees. In what cases this can be done, we will consider in the article.

The concept of examination under 44-FZ

The legislation on public procurement does not answer the question of what is an examination under 44-FZ. Based on the text of 44-FZ, the examination is carried out to check the results provided by the supplier (contractor, performer) for compliance with the terms of the concluded contract.

The procurement documentation must contain indicators that allow determining this compliance (clause 2 of Article 33). Such an examination is mandatory.

The customer can almost always conduct an “internal” examination. An exception to this rule is procurement from a single supplier (Part 4 of Article 94 44-FZ), when the customer is obliged to involve external experts. But even in this case, you can conduct an examination on your own for:

• a number of non-competitive procurements;
• procurement of expert services;
• procurement for the preparation of a capital construction project and the results of engineering surveys that have passed state or non-state examination.

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How to conduct an examination on your own under 44-FZ

1. In order to conduct an internal examination you need:
2. develop a local regulatory document on the procedure for conducting internal examination (regulations) and approve it;

issue an order appointing those responsible for conducting the examination - individual employees or a commission.

When conducting an examination on its own, the customer has the right to entrust the examination of GWS to the acceptance committee or create a separate commission to conduct examinations (letter of the Ministry of Economic Development dated 09.09.2016 No. D28i-2396). But no one forbids assigning expert responsibilities to individual employees.

The examination is carried out before the signing of acceptance documents, and, accordingly, before the final payment under the contract (contract stage).

What document is used to document the results of internal examination?

It is assumed that these documents should have appropriate inscriptions about the examination performed. In this case, the examination report is not drawn up (letters dated 09.09.2016 No. D28i-2396 and No. D28i-2449, dated 19.08.2016 No. D28i-2162, dated 31.12.2014 No. D28i-2919). If you really wish, you can draw up a separate document based on the results of the examination, but you do not need to attach it to the Unified Information System. How you will proceed must be approved in the Procedure for Conducting Internal Expertise.

Sample of internal examination under 44-FZ

If you will be making inscriptions on existing documents, we suggest, for convenience, using a stamp with the appropriate text. For example,
« The examination has been carried out. Results and executions comply with the terms of contract No.___ dated ____. No evidence of improper execution was identified.
Responsible____».

When drawing up a separate conclusion, first of all, you must fill in the required document details:

• document's name,
• date,
• number,
• place of compilation.

Product examination is one of the most important points in tender activities. That is why this detail is given a lot of importance.

2. Why is an examination under 44 Federal Laws needed?

After the tender has been completed and all details of the transaction have been agreed upon, the examination can begin. After the signed contract, it is time to accept the supplier’s services and goods. It is then that all products and services are examined. The results of this procedure are a decision regarding the quality of the performer’s work.

Very often, this type of examination is carried out with the participation of qualified specialists, but in most cases, customers carry out this procedure independently. All norms and rules for conducting examinations are contained in Article 94 of 44-FZ.

3. When to conduct an examination and when to refuse

The main goal of this type of examination is– this is a check of the quality of the performer’s work and his products. According to the law, it is the customer who must carry out the examination, but there are some exceptions.

Federal needs and their provision.

Ordering the services of firms and companies that can already provide an expert assessment of their product.

The procurement object offers services and work that have already passed all the necessary procedures, including examination.

Separate decrees of the Government of the Russian Federation.

Having trouble filling out the documentation?

Order competent assistance in filling out documents from our specialists, with payment for results

4. Carrying out the examination independently by the customer

According to the law, there are two types of examination, one of which is internal, the second, respectively, external. If external examination is carried out with the involvement of specialized firms, then internal examination can be carried out independently. But sometimes it is not possible to conduct an internal examination. This happens in several situations.

The customer's workforce is not fully staffed, that is, there are not enough skilled hands and qualified specialists. Internal examination cannot be carried out due to the low level of knowledge of employees and insufficient experience to carry out such operations.

Internal examination is not carried out if a conflict arises between the customer and the manufacturer.

Insufficient financial resources and technical resources to conduct the examination.

In other cases, an internal examination can be carried out independently. But the possibility of attracting specialized persons is not excluded.

5. Conducting an examination under 44 Federal Laws by the customer

To carry out internal examination, it is important to adhere to all necessary rules.

First of all, you need to issue an order for an expert commission. The commission should include employees who are competent in this matter. The number of such specialists should be five or even more people. The order must also contain the details of the contract. You can read more about the commission in our article -.

All necessary actions during the execution of the contract must be observed strictly within the period specified in the contract.

Preparation of the acceptance document. The document must contain all the information about the transaction: from the timing of the work to the provision of services. But before publishing a finished document, it is important to first familiarize yourself with its sample.

The customer has the right to refuse to accept services or goods if the contractor has not complied with the terms of the contract. Thus, work is restored after all rules have been followed and errors have been eliminated.

According to the results of the examination, the customer must include information about the supplier’s services in the report.

The report, together with a document on the results of the work, is placed in the Unified Information System.

Sometimes it happens that the result of the examination does not suit the customer, so refusals to accept services are possible. If the shortcomings are not corrected within a few days, the contract is terminated.

According to the law, it is not at all necessary to conclude the results of the expert procedure in a separate document. You can only mention this in the document that confirms acceptance of the goods.

Thus, it is possible to conduct an examination with the help and material resources of the customer. This way you can not only save a lot of money, but also carry out a high-quality internal inspection of the contractor’s products and services. In case of conflict situations, it is recommended involve professional experts.

6. Video instructions for examination of procurement results

For a guaranteed result in tender procurement, you can seek advice from the experts of the Entrepreneurship Support Center. If your organization is a small business, you can get a number of advantages: advance payments for government contracts, short payment terms, conclusion of direct contracts and subcontracts without a tender. and work only under profitable contracts with minimal competition!

After the supplier fulfills its contractual obligations, the customer must accept the work and carry out an examination of the fulfillment of the contract. How to conduct an examination on your own or with the help of experts?

After the supplier fulfills its contractual obligations, the customer must accept the goods/work/services and carry out an examination of the results of the contract. From this article you will learn in which cases an examination is mandatory, who should conduct it, and how its results are formalized.

In what cases and why is an examination carried out under Law No. 44?

The examination is carried out in order to verify the results of the supplier’s fulfillment of obligations under the government contract and their compliance with the terms of the contract. The customer must ensure that an examination is carried out upon acceptance of the goods or the results of work or provision of services. This is stated in Law No. 44 (Article 94 Part 3).

However, there is an exception. Thus, the examination is not carried out when the supplier fulfills obligations under contracts that were concluded before the adoption of Law No. 44. If the contract provides for the phased fulfillment of obligations, the examination and acceptance of the results are carried out at the end of each stage.

It is worth noting that even if the contract does not provide for the phased fulfillment of obligations under the contract, but in fact acceptance and payment are carried out periodically (for example, monthly), the customer must ensure that an examination is carried out based on the results of each acceptance.

On your own or with the help of experts?

The customer must involve experts provided that the purchase is made from a single supplier. The exceptions are:

• procurement of services provided by expert organizations and experts;
• procurement on the grounds provided for in clauses 1-9, 14-15, 17-23, clause 24 (only when conducting procurement for federal needs), as well as clauses 25-26, 28-30, 32-33, 36, 40-42, 44-48 Article 93, Part 1;
• procurements, the subject of which are services for the development of design documentation for capital construction projects and/or the results of engineering surveys that have passed the examination.

The Russian government has the right to determine other cases of carrying out the examination of goods (services, works) provided for in a government contract. In such cases, it is the customer’s responsibility to involve experts. In other cases, the customer makes the decision to conduct an independent examination or involve external experts.

Attracting experts

The examination can be carried out by invited expert organizations and experts solely on the basis of contracts concluded in accordance with Law No. 44. Expert organizations and experts have the right to request from suppliers and customers additional information related to the conditions for the implementation of a government contract, as well as individual stages of its execution.

The results of the examination are formalized in the form of a conclusion signed by an expert (a representative of an expert organization having the appropriate authority). If, based on the results of the examination, violations of the contract that do not interfere with acceptance are identified, the conclusion may contain proposals for their elimination, indicating a specific deadline for their elimination.

Conducting an examination by the customer’s employees

First, the head of the organization must issue an order to form a commission of experts, which must include at least five people. The order to conduct the examination must contain the number, subject of the contract, stages and timing of the examination.

Carrying out acceptance of the results of the contract

Acceptance is carried out in full accordance with the deadlines and in the manner specified in the contract. When conducting an examination by experts, the customer must take into account the conclusions presented in the conclusion. If expert organizations were not involved, the document confirming the acceptance of the goods (service, work) and the document signed by the customer is at the same time a document confirming the fact of the examination. Most often, such a document is an acceptance certificate or another document with a list of goods supplied. In addition, this document records the claims of the parties.

If the identified discrepancy is not an obstacle to the acceptance of the results of the contract or the contractor has already eliminated it, the customer has the right not to refuse acceptance.

If the customer insists that the contract was executed improperly (including on the basis of an expert opinion), he is obliged to send in writing to the supplier a refusal to sign the acceptance document within the time period specified in the contract.

In addition, the customer is obliged to generate a report that will contain information about the fulfillment of obligations under the contract or their improper fulfillment. The exception is contracts that are concluded taking into account clause 4 (“small” purchases), clause 5 (purchases carried out by cultural institutions in an amount not exceeding 400 thousand rubles), clause 23 and clause 44 of Art. 93, part 1.

When completing a transaction of any type, including a government contract, the customer and the contractor are interested in proper documentation. The result of cooperation should be documents on acceptance of goods in accordance with Federal Law-44, works and services, which are drawn up in accordance with legal requirements. All the burdens of organizing the goods acceptance process fall on the shoulders of the customer. After providing the accompanying documentation to the supplier (contractor), you must expect verification of all documents and the product (service or work) itself. The result can be positive - everything will be accepted, or, conversely, acceptance can be refused (due to inadequate quality or other important reasons). Let's look at what acceptance of goods is like under 44-FZ, and the features of drawing up a certificate of acceptance of goods.

Certificate of acceptance of goods, works and services under 44-FZ

The results of the contract and their acceptance are regulated by Article 94 and some paragraphs 34 of Article 44-FZ (its effect covers not only the acceptance of goods under 44-FZ, but also the acceptance of works and services, respectively).

In addition to the main legislative act, many departments have developed their own recommendations regarding the preparation of documents. For example, in the construction industry, there are clear regulations.

The acceptance certificate for goods, works and services is drawn up by the customer in any form, since no specific requirements are provided for in the legislation.
Most often, at the final stage of acceptance of goods, a bilateral act is drawn up. It contains the entire list of goods that were supplied or work that was performed with high quality. Claims of the parties, if any, can also be entered there. According to Part 9 of Article 92 of 44-FZ, the customer undertakes to regularly generate reports on the results of fulfilling the terms of the contract and publish them in EIS together with the final conclusions of the examination.

Acceptance of work, goods and services and its examination according to 44-FZ

The contract, which is signed between the contractor and the customer before the start of cooperation, must include clauses that stipulate the conditions for the procedure, limited deadlines for the acceptance of goods in time and documentation of its results, with subsequent payment for the work performed, goods manufactured and services provided. If everything is done correctly, the customer will be able to assess the compliance of the data specified in the contract with the actual availability (fulfillment, provision).

Article 94 of Federal Law 44-FZ regulates the acceptance of goods, works and services. In order to accept the results of the contract, an acceptance committee should be formed and an appropriate examination should be carried out. The acceptance committee must necessarily include 5 people (more is possible, but not less), who are current employees of the organization that carries out the purchase.

According to current legislation, the result of the contract, which was provided by the contractor, is considered by the customer only after the completion of the examination.

There are two types of examination:
internal – carried out by the customer;
external – carried out with the help of third-party expert organizations or independent experts.

If the purchase, order of services or work is carried out from one single supplier or contractor, then the customer must unconditionally conduct an external examination.

An examination of the fulfillment of the terms of the contract is carried out immediately after the completion of the work, which is why the customer can quickly assess the level and quality of the work performed and accept it, or, conversely, find discrepancies with the data specified in the contract and the result provided by the contractor.

Expert organizations or independent experts have every right to make inquiries and obtain from the customer all additional information related to the terms of the contract. After the examination, its results are provided in the form of an appropriate conclusion, personally signed by the chairman or other authorized person. The conclusion must comply with the current legislation of the Russian Federation and be reasonable and objective.

If, during an independent examination, inconsistencies with the conditions specified in the contract are discovered, then a reasoned refusal to accept goods under 44-FZ is formed in accordance with all the rules. Drawing up an unmotivated refusal to accept goods, works and services is considered a gross and deliberate violation of the legislation of the Russian Federation. If the found inconsistencies do not significantly affect the quality of goods (works and services) and they can be promptly eliminated, then the examination decision indicates proposals for eliminating these inconsistencies and specific deadlines for their correction.

A separate item is the acceptance of goods under 44-FZ only in those exceptional cases if the delivery and acceptance of goods is carried out every day, and the examination is carried out by the customer’s own forces. In this case, a separate examination and registration is not carried out. The final examination includes data on invoices and other accompanying documents (shipping and etc.).

Certificate of acceptance of contract results

The customer is authorized to make a decision regarding the compliance of the work performed and the conditions previously stated in the contract, based on the results of the examination. If everything suits him, then he puts his signature on the act of acceptance of goods under 44-FZ, works and services.

The protocol of the commission for acceptance of goods under 44-FZ must be approved by all members of the commission and put their signatures on it, the head of the organization and the customer.

The goods acceptance certificate under 44-FZ must contain:
a list of works, services and goods that must be performed, provided or supplied, indicating their fixed cost;
conclusion of the acceptance committee, which is drawn up based on the results of the examination;
if inconsistencies are found, all information on them should be described in detail in the conclusion;
signature of the commission representative who is authorized to put it;
documents and expert findings;
in a situation where the contractor refuses to sign the act of acceptance of goods under 44-FZ, work or services, it is possible for the customer to accept the work performed or goods and services provided unilaterally.

When making a decision on whether to accept or not accept a product, the acceptance committee must take into account the conclusions of the examination. If the completed work, product or service fully corresponds to what was previously declared and specified in the contract, then the goods acceptance certificate in accordance with 44-FZ is signed by both parties.

If the situation is the other way around and during the examination, inconsistencies are discovered, then the customer can reasonably refuse to sign the acceptance certificate for goods, work or services under 44-FZ. In this state of affairs, it is necessary to draw up an act of discrepancy or an act of disagreement, in which all detected inconsistencies or defects are recorded.

The procedure for accepting goods under 44-FZ provides for the obligation of the contract executor to timely provide the customer with all relevant information about the state of the work process and possible difficulties. The contractor is also obliged to provide the result of his work within the specified time frame.