home Translator Municipal procurement management.

Municipal procurement management.

Development of an annual plan public procurement. Amendments to the annual procurement plan.

From this article you will learn:

Development of a procurement plan

Procurement plan is developed based on corresponding budget (development plan)(clause 2 of article 5 (hereinafter referred to as the Law)).

Procurement planning begins with the consent of the customer within 10 working days from the date of approval (clarification) of the relevant budget (development plan).

Based on a positive proposal from the relevant budget commission, the customer has the right to develop and approve a preliminary annual public procurement plan. The preliminary annual public procurement plan is valid until the approval of the annual public procurement plan.

Information on public procurement provided for in the preliminary annual public procurement plan is transferred to the annual public procurement plan.

Thus, we see that the work of public procurement specialists at an enterprise is closely related to the work of the economic planning department.

Order on b approval of the procurement plan

The order approving the procurement plan puts into effect the annual procurement plan, establishes control over its implementation and must contain the following information:

Contents of the procurement plan

The procurement plan (preliminary annual public procurement plan) must contain the following information:

1) identification code public procurement;

2) the range of goods, works, services according to the directory, including the amounts allocated for public procurement, excluding;

4) the planned timing and place of delivery of goods, performance of work, provision of services;

5) the planned timing of delivery of goods, performance of work, provision of services in accordance with the schedule and breakdown by year within the limits of allocated and provided amounts for each financial year in the cases provided for in Article 43 of the Law;

6) conditions for carrying out public procurement for participation in public procurement

IMPORTANT! The customer, within five working days from the date of approval of the annual government procurement plan (preliminary annual government procurement plan), is obliged to post it on the government procurement web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing restricted official information distribution, determined by the Government of the Republic of Kazakhstan, which are provided to the authorized body without using the public procurement web portal.

Making changes to the procurement plan

Based on clause 7 of Art. 5 of the Law, customers have the right to make changes and (or) additions to the procurement plan no more than twice a month.

This requirement does not apply to the following cases:

1) implementation of public procurement state enterprises, legal entities, more than fifty percent of voting shares (interests in authorized capital) which belong to the state, and legal entities affiliated with them;

2) execution of orders, notifications about the elimination of violations identified as a result of control activities, including the results of desk control;

3) distribution of distributed budget programs, as well as when clarifying and adjusting the budget;

4) making a decision provided for in subparagraph 1) of part one of paragraph 2 of Article 22 of this Law;

5) purchase of goods and services related to entertainment expenses;

6) acquisition of goods, works, services through savings based on the results of public procurement.

★ What consequences await the customer if the procurement plan is not met? ★

Ekaterina Klopova

lawyer, author of the magazine “State Order. Questions and answers", expert of the ACTUALIS electronic system for civil protection

At the end of the year, the customer should not have any unfulfilled plan items. What needs to be done for this? What penalties are provided for failure to comply with the procurement plan?

The customer, within five working days from the date of the decision to make changes and (or) additions to the annual public procurement plan (preliminary annual public procurement plan), is obliged to post the changes and (or) additions on the public procurement web portal, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution, determined by the Government of the Republic of Kazakhstan.

Order on changes to the procurement plan

The order approving changes and additions to the procurement plan comes into force accepted changes annual procurement plan, establishes control over its implementation and must contain the following information:

Responsibility

1. Click on the button "Create an annual plan".

2. In the opened form "Creating an annual plan" fill in the fields

3. Check the box "Preliminary plan".

4. Without filling in the field , click on the button "Save".

5. The system will create a new preliminary annual plan with the status "Project", in this case, plan items from the previous preliminary plan will not be transferred.

6. Add plan items, then approve the plan.

7. After the preliminary plan is approved, the system will change the status of the preliminary annual plan from "Project" on "Approved", while the status of the previous preliminary annual plan will remain with the status "Approved."

1. Click the button "Create an annual plan".

2. In the opened form "Creating an annual plan" fill in the fields “Fiscal year”, “Act number”, “Act date”, Attach a scanned copy of the approved document.

3. Check the box "Preliminary plan".

4. Press the button "Select a customizable preview annual plan".

6. In the form that opens, select the variable preliminary annual plan by checking the box (if you need to combine several plans into one preliminary annual plan, then select several) and click on the button "Apply."

7. After this, the system will transfer all plan items from the selected preliminary plans to the new preliminary annual plan.

8. The system will create a new preliminary annual plan with the status "Project".

9. Modify the new preliminary annual plan and approve.

10. After approval of the preliminary annual plan, the system will change the status of the preliminary annual plan from "Project" on "Approved" "Changed."

1. Click the button “Create an annual plan.”

2. In the opened form "Creating an annual plan" fill in the fields “Fiscal year”, “Act number”, “Act date”, Attach a scanned copy of the approved document.

3. No need to check the box "Preliminary plan".

4. Click the button “Select a customizable preview annual plan.”

5. The system displays a form for selecting the preliminary annual plan to change.

6. In the form that opens, select the changeable preliminary annual plan using the checkbox (if you need to combine several plans into one annual plan, then select several) and click on the button "Apply."

7. After clicking the button, the system will transfer all plan items from the selected preliminary plans to the annual plan.

8. The system will create an annual plan with the status "Project".

9. Change the annual plan and approve.

10. After approval of the annual plan, the system will change the status of the annual plan from "Project" on "Approved" in this case, the status of the previous preliminary plan(s) will change to "Changed."

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WITHOdeLOLAneithere

Introduction

1. Introduction of new concepts in the Draft Law in comparison with Federal Law-94

2. Procurement planning

3. Procurement (placement of order)

3.1 Features of a competition with limited participation

3.2 Features of a two-stage competition

4. Contract Management

5. Monitoring and control

Conclusion

Bibliography

Vvedeneithere

law procurement competition state

On April 5, 2013, the President of the Russian Federation signed Federal Law No. 44-FZ “O contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Law on the FCC), which is to replace from January 1, 2014 the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods , performance of work, provision of services for state and municipal needs” (hereinafter referred to as Law No. 94-FZ). In fact, the newly adopted FCC Law means the country's transition to a new public procurement system - the federal contract system.

It should be noted that a significant part of the provisions of Law No. 94-FZ is retained in the new system, for example, the rules relating to methods of procurement. But, at the same time, the FCC Law introduces a number of innovations that imply the creation of a more advanced system of state and municipal procurement.

On September 1, 2011, the project was published on the official website of the Russian Ministry of Economic Development Federal Law“On the federal contract system” (hereinafter referred to as the Draft Law). The bill is aimed at regulating the procurement of goods, works and services for state and municipal needs and will have to replace the Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

The bill, if adopted, will make significant changes to the rules for public procurement. The entire public procurement system will be transformed into a federal contract system. A significant difference between the federal contract system and existing system there will be government procurement long-term planning state and municipal needs. The bill provides for changes to the rules for determining the initial price of a government contract and the rules for evaluating applications for participation in government procurement.

The bill defines the principles of the federal contract system. The federal contract system will be based on the principles of openness, competition, professionalism of the customer, unity and responsibility for the effectiveness of meeting state and municipal needs and the efficiency of spending budget funds. The Law on Public Procurement does not separately highlight the principles of public procurement.

The Bill also provides for the introduction of new methods of conducting public procurement: a competition with limited participation, a two-stage competition and a request for proposals. At the same time, it is proposed to eliminate this method of public procurement as an auction, leaving only an electronic auction.

1. VvedeneitherenOout nOnyatiy inZAToOnOetcohCTePOWedAvnenuyu with Federal Law-94

The main difference between the Draft Law and the Law on Public Procurement is sfeRAapprox.eneniaAToOnA

The legislator formulated in the Draft Law a number of new concepts compared to Federal Law-94, namely, the following concepts were introduced:

fedeRAflaxAI toONTRAktnAI'm a sistemA- a set of legal, organizational and economic measures aimed at meeting state and municipal needs through the integrated implementation of interrelated stages of forecasting, planning and procurement (including execution of contracts), as well as monitoring, supervision, control and audit of compliance with the requirements of this Federal Law ;

hApurchaseA- a set of actions carried out in the manner prescribed by this Federal Law by the customer and participants in procurement procedures aimed at concluding and executing contracts to meet state or municipal needs. The procurement procedure begins with posting a notice of procedures for identifying suppliers (contractors, performers) or sending an invitation to take part in procedures for identifying suppliers (contractors, performers) in the cases established by this Federal Law and ends with the fulfillment of obligations by the parties to the contract;

edingAI infOrmAqiONNAI'm a sistemA- the totality of information contained in databases specified in Article 5 of this Federal Law, information technologies And technical means ensuring the formation, processing, storage and provision of such information;

dOgodfatherentAflaxeOtcheYou (OtcheYou)- formed by customers, government agencies and authorities local government information and data provided for by this Federal Law for placement in a unified information system;

unitary enterpriseOlnOmOhenyOrgAn- federal executive body, executive body of the subject Russian Federation, a local government body and a government agency, which is subject to in the prescribed manner assigned the functions and powers provided for by this Federal Law to carry out procedures for identifying suppliers (contractors, performers) for customers in order to meet state and municipal needs;

joint ventureeqiAlysirOVAnyOrgAn- federal executive body, executive body of a constituent entity of the Russian Federation, local government body, government agency, which in accordance with the established procedure are entrusted with the functions and powers to carry out procedures for identifying suppliers (contractors, performers) to meet state and municipal needs, as well as upon conclusion contract and acceptance of the results of its execution;

Afishing- implementation of control measures by the Accounts Chamber of the Russian Federation, control and accounting bodies of the constituent entities of the Russian Federation, control and accounting bodies of municipalities within the powers assigned to these bodies.

The bill establishes the possibility of public control over procurement.

The bill introduces the concept of a Unified Information System, the main purpose of which is information support FCC at all its stages.

The scope of procurement information to be posted on the Internet has been significantly expanded.

Information on procurement posted on the Internet by the FCC:

Information about the entire procurement cycle, including: OplAnirOVANI (fOrmirOVANI), pAzmescheresearch and developmentOlneresearch instituteAToAhA.

Information on procurement posted on the Internet under Federal Law-94: information ORAzmescheresearch institute order.

An identification code has been introduced that is assigned to each purchase and is indicated in the plans, as well as in all documentation related to the implementation of this purchase. The procurement code ensures the relationship between the budget classification codes, OKVED and OKDP.

Regarding Federal Law-94, the FCC introduced new types of registers, namely:

Register of electronic auction participants who have received accreditation on the electronic site (maintained by the operator of the electronic site)

2 . PlAnirOVAneitherehAcoupeOTo

The most significant innovations should be recognized as the following elements of the FCC:

1. Procurement planning

The FCC Law provides for mandatory procurement planning through the formation, approval and maintenance of:

Procurement plans;

Plans and schedules.

Chapter 2 of the FCC Law regulates in detail the procedure for the formation of procurement plans and schedules. Procurement plans should be formed by customers based on the goals and activities provided for by the state programs of the Russian Federation (including the Federal Target Program, other documents of strategic and program-target planning of the Russian Federation), state programs of the constituent entities of the Russian Federation, municipal programs, as well as for the purpose of performing functions and powers government agencies of the Russian Federation, state bodies of the constituent entities of the Russian Federation, municipal bodies (Articles 13 and 17 of the Law on the FCC).

Procurement plans are formed for a period corresponding to the validity period of the relevant budget law, i.e. for three years. Schedules will be drawn up by customers annually.

In addition, the FCC Law defines the conditions and procedure for making changes to procurement plans and schedules.

Chapter 2 of the FCC Law also pays attention to such issues as justification and regulation of purchases (Articles 18 and 19).

When forming procurement plans, the procurement object is subject to justification, and when forming a schedule, also the method of determining the supplier and the initial (maximum) price of the contract (Parts 2-3 of Article 18 of the FCC Law).

Standardization in accordance with the FCC Law means the establishment of requirements for purchased goods, works and services. Requirements for goods, works, services are understood as “requirements for quantity and quality, consumer properties and other characteristics of goods, works and services that make it possible to meet state and municipal needs, but do not lead to the purchase of goods (works, services) that have excessive consumer properties or other characteristics or are a luxury item” (Part 2 of Article 19 of the FCC Law).

It should be noted that Law 94-FZ does not pay due attention to procurement planning. Schedules developed in accordance with Law No. 94-FZ are not tied to target activities. The procedures for making changes to the schedule are not regulated, and there are no legal consequences for failure to include purchases in the schedule.

In the bill, planning will be long-term, medium-term and short-term. A long-term plan called the “consolidated forecast of state needs” will be adopted for a period of at least five years.

DOlgOWedOchnoh(5 leT)

St.Odny prOgnOh- part of the forecast for the socio-economic development of the Russian Federation for the long term (Article 16 of the project). Formed by the Ministry of Economic Development of Russia and placed in the EIS.

WededayseWedOchnoh(3 gOdA)

PlAwe areAcoupeOto forObejoint ventureeheniya gOcourtArstvedata and municipalityApersonal needs: Determined based on activities government programs, targeted programs, plans and programs for the development of constituent entities of the Russian Federation and other documents of program-target planning. The form of plans and the procedure for their maintenance and approval are determined by the Government of the Russian Federation. Plans are developed by the customer for a period of three years (according to general rule) (Article 17 of the draft). Includes, among other things, the purchase identification code.

KrAtkOWedOchnoh(1 gOd)

PlAwe-grAfics: Documents containing a list of customer purchases for the next financial year and being the basis for such purchases. They are developed annually for one year and approved by the heads of customers after the adoption of the budget law, but before the start of the next financial year (Article 20 of the project). The customer has the right not to include in the schedule individual purchases from a single source.

OtseNKAObOsnOVANNOsti needs: Information included in the plans is subject to assessment of validity according to the criteria specified in the law (Article 18 of the draft), in particular the following are subject to justification: the procurement object; procurement method; N(M)TsK.

The innovation of the bill will be that it proposes to establish eDinaeCreteeriesOpisAniaObeCTAGOnwAcoupeOTo. Goods, works and services must comply minimumAflaxOdOstATOtechnicalebOVAniyam. This means that they must fully satisfy a particular state or municipal need, but at the same time not have unnecessary properties, are not luxury goods and do not belong to the “luxury” category. Requirements for the procedure for the development and adoption of legal acts on standardization can be established by the Government RF (Article 19 of the draft).

NAhAflaxAi (mAximAflaxAi) tsenAToONTRACTA(N(M)TsK: Methods for calculating the N(M) CC and the conditions for their application have been determined (Article 21 of the project). Sources of price information are similar to those defined in Art. 19.1 Federal Law No. 94.

3. ImplementationestvleneitherehAcoupeOk(rAzmescheneitherehAToAhA)

CeNTRALizOVAnnyehAshopping: The project provides for the possibility of creating authorized and specialized bodies. Authorized and specialized bodies can be: a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body and a government agency. The authorized body carries out the functions of carrying out procurement for customers, with the exception of: justification for the purchase and terms of the contract (including justification of the N(M) Central Committee); signing the contract and accepting the results of the contract. In this case, the contract is signed by the customer. The specialized body carries out procurement functions for one or more customers (including concluding a contract and accepting the results of the contract) (Article 25 of the draft).

TOONTRAktnAI'm servingAhAToAzchikA, ToONTRActny controlApresenting: Customers create special structural subdivision(customer’s contract service), and in its absence, one or more officials responsible for procurement. Contract service (contract manager): develops a schedule; carries out the preparation, approval and placement in a unified information system (direction) of information on ongoing procurement; carries out procurement, including ensuring the conclusion of a contract; prepares and places documentary reports in the information system; ensures execution of the contract; participates in the consideration of cases to appeal the results of procurement procedures and conducts claims work; if necessary, consults with suppliers at the planning stage; exercises other powers (Article 36 of the draft).

The FCC Law provides for additional procurement methods compared to Law 94-FZ, in particular:

Limited participation competition;

Two-stage competition;

Request for proposals.

As for the auction, the rules of the FCC Law regulate only an electronic auction and a closed auction (Article 59 and Article 86 of the FCC Law). There are no open auctions outside the electronic form.

Other procurement methods used in accordance with Law No. 94-FZ, within the framework of new system will undergo only partial changes.

3.1 OSObeNNOstietcOVedetion toOncourseAWithOgrAnothingenym educationalAstiem

A competition with limited participation is understood as a method of conducting procedures for identifying suppliers (contractors, performers), in which information about the purchase is communicated by the customer to an unlimited number of persons by posting a notice of a competition with limited participation, pre-qualification documentation and competition documentation in a unified information system. The winner of a competition with limited participation is a person who has passed prequalification and proposed Better conditions execution of the contract based on the results of a competition with limited participation.

The procedure for holding a competition with limited participation is used in the case when goods (services, works), due to their highly complex, innovative or specialized nature, can only be supplied or performed by a limited number of suppliers (performers, contractors).

A notice of a competition with limited participation must contain the following information:

Information provided for in Article 38 of this Federal Law.

Requirements for prequalification participants and an exhaustive list of documents in accordance with Article 30 of this Federal Law.

Methods for obtaining prequalification documentation, competitive documentation, timing, place and procedure for providing prequalification documentation and competitive documentation.

The fee (if any) charged by the customer for prequalification documentation and (or) tender documentation, method and currency of payment.

The language(s) in which the prequalification and tender documentation is available.

The procedure, place and final deadline for submitting applications for prequalification, the period for reviewing documents and summing up the results of prequalification.

Deadline, place and procedure for submitting applications for participation in a competition with limited participation for participants of the competition who have passed the prequalification selection.

Place, date and time of opening of envelopes with applications for participation in a competition with limited participation, date of consideration and evaluation of such applications.

Benefits provided by the customer in accordance with Articles 27 - 29 of this Federal Law.

Pre-qualification documentation is placed by the customer simultaneously with the notice of a competition with limited participation and must contain the following information:

The procedure for preparing and submitting applications for prequalification.

List of documents that must be submitted by competition participants to confirm their qualifications.

The procedure for providing clarifications of the provisions of the prequalification documentation, including the deadline for providing clarifications.

The customer, within five working days from the date of opening applications for participation in prequalification, conducts prequalification to identify suppliers (contractors, performers) who meet the requirements for participants in procurement procedures established by the customer.

The customer reviews the documents received from participants in the competition with limited participation and, based on the results of their consideration, forms a list of persons relevant established requirements(hereinafter referred to as participants who have passed the pre-qualification selection). The results of the prequalification selection with the rationale for the decisions made by the customer, including the list of persons meeting the established requirements, are reflected in

The customer is obliged to send invitations to participate in a competition with limited participation to participants who have passed the prequalification selection.

The customer accepts applications for participation in a competition with limited participation from the day the prequalification protocol is posted in the unified information system. The deadline for accepting applications for participation in a competition with limited participation cannot be less than ten working days and more than fifteen working days from the date of posting the pre-qualification protocol in the unified information system. In this case, there is no requirement to re-post a notice of a competition with limited participation.

3.2 OSObeNNOstietcOVedeniya two-storyAMonOGOToOncourseA

A two-stage tender is understood as a method of procurement in which information about the procurement is communicated by the customer to an unlimited number of persons by posting in a unified information system a notice of a two-stage tender, tender documentation, and the winner is the person participating in its conduct and offering the best conditions for the execution of the contract based on its results. .

The customer has the right to apply a two-stage tender procedure while simultaneously meeting the following conditions:

The competition is held to conclude a contract for the purpose of carrying out scientific research, design work, experiments, research or development, for the supply of innovative products, for the purpose of restoration of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, documents of the Archive Fund of the Russian Federation, especially valuable and rare documents included in library collections, as well as for the purpose of creating a work of literature or art, performance (as a result of intellectual activity), to finance the rental or screening of a national film.

To clarify certain characteristics of the procurement object, discussions with suppliers (contractors, performers) are necessary.

When conducting a two-stage tender, at the first stage, participants are required to submit initial competitive bids containing their proposals in relation to the procurement object without indicating proposals for the contract price.

At the first stage, the competition commission holds discussions with the participants regarding any proposals regarding the procurement object contained in the participants' competitive bids. When discussing the proposal of any participant in a two-stage competition, the competition commission is obliged to provide equal opportunities for participation in such discussions to all participants in the two-stage competition. When discussing the proposal of each participant, all participants in the two-stage competition have the right to be present.

The duration of the first stage cannot exceed thirty days from the date of opening the envelopes with the initial competitive applications.

The results of the discussion that took place at the first stage are recorded by the competition commission in the protocol of the first stage, which is signed by all present members of the competition commission immediately after the end of the first stage and no later than the day following the day of signing such a protocol, and are posted in a unified information system.

The protocol of the first stage of a two-stage competition indicates information about the place, date and time of the first stage of a two-stage competition, name (for a legal entity), surname, name, patronymic (for individual) and the postal address of each participant whose bid envelope is opened, proposals regarding the procurement object.

Based on the results of the first stage, recorded in the protocol of the first stage, the customer has the right to clarify the terms of the purchase, namely:

Any requirement from the functional, technical, quality or operational characteristics of the procurement object originally specified in the tender documentation and supplemented with any new characteristics that comply with the requirements of this Federal Law.

Any criterion for evaluating competitive applications initially specified in the tender documentation and supplemented with any new criterion that meets the requirements of this Federal Law, only to the extent that such a change is required as a result of a change in the functional, technical, quality or operational characteristics of the procurement object.

At the second stage, the competition commission invites all participants who submitted competitive bids at the first stage to submit final competitive bids indicating the proposed contract price, taking into account the procurement conditions specified after the first stage.

A participant in a two-stage competition who does not wish to submit a final competitive application has the right to refuse further participation in the two-stage competition.

The final competition applications are reviewed and evaluated by the competition committee to determine the winner.

3.3 ZAetcOwith predlOandeny

The situation is even more complicated with such a procurement method as a request for proposals. In its presented form, it is more reminiscent of a request for quotation option, which distorts the essence and target orientation of this procurement method.

Request for proposals is carried out, as a rule, for complex products in cases where the customer is not able to independently determine the detailed specifications of the purchased products and find optimal solution to meet your needs. Since in this case we are talking about the procurement of complex products, sufficient time should be provided for participants to prepare proposals. The draft law on the FCC allocates only three days for this, which is not enough for quotes. Only the participant who was somehow aware of such a request in advance and has already prepared this proposal can submit a proposal within three days. But this, although significant, is rather a technical question.

The main fundamental difference between the procedures for conducting a request for proposals established in the draft law on the FCC and the accepted procedures in world practice lies in the procedure for considering submitted proposals. This procedure, as amended by the draft law on the FCC, is similar to the procedure for opening envelopes with applications during an open competition - the same openness, the same publicity. In world practice, this procedure is strictly confidential. Thus, the UNCITRAL ToR in article 48 provides for the following rules:

"6). The procuring entity reviews proposals in such a way as to avoid disclosure of their contents to competing suppliers or contractors.

7). The procuring entity may negotiate with suppliers or contractors regarding their proposals and may request or permit revision of such proposals if the following conditions are met:

a) any negotiations between the procuring entity and the supplier or contractor are confidential;

(b) Subject to Article 11, neither party to negotiations shall disclose to any other person any technical, pricing or other market information relating to those negotiations without the consent of the other party;

c) the opportunity to participate in negotiations is given to all suppliers (contractors) who submitted proposals and whose proposals were not rejected.”

Such confidentiality is necessary in large part because participants' proposals may in many cases contain know-how that participants are reluctant to share with their competitors.

Immediately after consideration of the submitted proposals, the draft law on the FCC provides for the announcement of the winner, which is not accepted in world practice. This practice requires that, following the completion of negotiations, the procuring entity requests all suppliers still participating in the proceedings to submit their best and final offer in respect of all aspects of their proposals by a specified date. And only after this the procedure for determining the winner is carried out.

The main feature of the request for proposals is that the proposal is formulated by the participant, and not the customer, as in other competitive procurements. Therefore, the customer’s request for proposals is a set of customer requirements and wishes for the participant’s offer, which in some parts may be quite general in nature. The mere publication of a notice of solicitation of proposals and the submission of a request for proposals does not impose on the customer the obligation to conclude a contract exactly on the terms and conditions that are specified in them.

The notification is necessary to determine the composition of those wishing to submit their proposal. It is important for the customer that they are able to offer conditions acceptable to the customer (technical, methodological, etc.). To resolve this issue, prequalification is provided (at the request of the customer).

The customer sends a request for proposals to all those who have passed prequalification. Participants present their proposals. If they are found acceptable, they are discussed by the customer and the participants through simultaneous or alternate negotiations. During these negotiations, the positions of the parties are clarified, and participants are invited to develop and submit a final offer. It consists of two parts - technical and price, placed in separate envelopes. The price offer is considered only after technical specifications were assessed and found acceptable.

Next, the customer makes a decision to conclude a procurement agreement with the supplier (contractor), whose proposal most fully satisfies the needs of the purchasing organization, determined in accordance with the criteria for evaluating proposals specified in the request for proposals, as well as in accordance with the relative importance and procedure for applying such criteria established in the request for proposals.

If we consider the request for proposals as a regular competitive procedure, it becomes unclear how this method differs from two-stage (multi-stage) competitions.

About the autopsy procedure. In the West, it is not provided for special procurement conditions. In many countries (Germany, England, Sweden) it is not available at all even during regular competitions. As an option, it can be proposed to carry out the procedure for opening only price bids. Although there is not much sense here, since with a special procurement method the share of the price criterion is small, and in some cases this criterion is not provided at all.

4. ControlAoweneithereToONTRACTOm

Etcohqty typeOout toONTRACTOV: The development and creation of standard contracts is envisaged. Standard contracts are developed by the relevant relevant authorities, placed in the EIS and form the basis of standard contracts (Part 7, Article 33 of the project).

ZAkeyeneithereToONTRACTA: Similar to the provisions of Federal Law No. 94. It is possible to include in the contract (upon its conclusion) a condition on the transfer of disputes between its parties to arbitration (Part 8 of Article 33 of the draft).

UseOlneneithereToONTRACTA: Contract execution is a set of measures implemented after the conclusion of the contract and ensuring the achievement of the contract results. The contract must include information on the procedure and terms of payment for goods (works, services), on the procedure and terms for the customer to accept the goods supplied. The customer has the opportunity (in some cases, the obligation) to conduct an examination of the results to determine their compliance with the terms of the contract, with the involvement of experts and expert organizations(Article 86 of the draft). A category has been added for “long-term, expensive ones worth more than 100 million rubles and particularly important complex contracts.”

A significant innovation was the provision to the customer of the opportunity to terminate the contract with the supplier unilaterally (Part 9 of Article 95). Cases of such termination are strictly stipulated by the FCC Law: when delivering goods poor quality or incomplete goods, in case of violation of the terms of delivery of goods, performance of work, provision of services, as well as in case of a significant violation of the terms of the contract (Part 11 of Article 95). The same opportunity is provided to the supplier: termination of the contract is possible if the customer repeatedly violates the terms of payment for goods, works, services, or if the customer does not provide source materials or fails to fulfill other obligations that led to the supplier’s inability to fulfill its obligation under the contract (Part 19 of Art. .95). An important condition for unilateral termination of a contract is the presence of such a possibility in the procurement documentation. The contract will be considered terminated from the moment one party receives notice from the other party of a unilateral refusal to perform the contract.

ChangeeneneithereToONTRACTA: The range of grounds on which the contract can be changed has been expanded, for example, the scope of work (services) can be changed within 10%; deadlines, if the limits of budget obligations are reduced, etc. (Article 87 of the draft).

RAstOLOLeneithereToONTRACTA: It is possible to terminate the contract unilaterally, both by the customer and the supplier, subject to compliance with the conditions established by law, by sending the other party a notice of unilateral refusal to fulfill the contract in whole or in part (Article 87 of the draft). The supplier has the right to appeal the termination of the contract by the customer. A supplier with whom the contract is terminated at the initiative of the customer is included in the register of unscrupulous suppliers. The customer is obliged to terminate the contract unilaterally if, during the execution of the contract, it is established that the supplier does not comply with the requirements for participants in procurement procedures established in the procurement documentation or has provided false information that allowed him to become the winner.

Aboutejoint ventureeheneithereispOlnetion toONTRACTA: The requirement to ensure the performance of a contract is always established. If the contract provides for the provision of a quality guarantee, the enforcement of the contract should extend to guarantee period. There are only two methods of security: 1) irrevocable bank guarantee and 2) deposit Money. To issue a bank guarantee as security for the performance of a contract, the relevant bank or credit organisation must be entered in the register of bank guarantees located in the EIS. The form of the bank guarantee is established by the federal executive body exercising the functions of developing state regulations. policy and legal regulation in the budgetary, banking. During the execution of the contract, you can change the security (provide a new one in a reduced amount). State institutions are exempt from providing security. All others are required to provide. (Article 88 of the draft).

Instruments controlAoweniya pezultATOm kONTRACTA: Accounting for the results of the contract is carried out through: Reporting by customers on the results of the contract, containing, among other things, information about the results achieved and their compliance with the Schedule (Part 9 of Article 86 of the project); Customer reporting on the implementation of procurement plans and schedules (Part 5, Article 22 of the project); Assessing the effectiveness of the implementation of procurement plans and schedules and assessing the effectiveness of meeting state and municipal needs. Such an assessment is carried out as a result of monitoring - collection, synthesis, systematization and analysis of information on the progress and results of the implementation of procurement plans and schedules. The monitoring result is presented in the form St.OdaysOGOAnAliticheskOGOOtcheTA. (Article 22 of the draft); An audit, within the framework of which the analysis of the validity of forecasting and planning of procurement of goods, works, services to meet state and municipal needs, the feasibility and efficiency of procurement of goods, works and services for state and municipal needs, the impact of the results of procurement for state and municipal needs on the achievement of goals of state programs, federal and regional target programs, other documents of strategic and program-target planning of the Russian Federation and constituent entities of the Russian Federation, interstate target programs in which the Russian Federation participates; Control over the federal contract system in terms of: efficiency practical application contract results obtained; validity and efficiency of spending budget allocations to meet state and municipal needs. Officials customers bear disciplinary liability, up to and including dismissal, for improper implementation of procurement plans and schedules, as well as for failure to achieve the intended results.

NegativeAandeneithereRezultATOin inEIS: The results of contract execution are reflected in a report posted in the EIS (Part 9, Article 86 of the project). The results of monitoring, as well as assessment of the effectiveness of the implementation of procurement plans and schedules, assessment of the effectiveness of meeting state and municipal needs and decisions made on their basis, are subject to placement in a unified information system (Part 9 of Article 22 of the project).

5. MOnitOring and kONTROl

MainOvnyePOlnOmOchiyaOrgAnOin SpanishOlniteflaxOth owAsti andOrgAnOin mestnOGOWithAmOcontrolAowetions in the FCC: The Government of the Russian Federation, the authorities of the constituent entities of the Russian Federation and local self-government bodies are assigned, among other things, the powers to carry out monitoring in the FCC, monitor compliance with the legislation on the FCC (audit, control and supervision), and analyze the effectiveness of meeting state and municipal needs (Article 13 project). The monitoring results are presented in the form of a summary analytical report, which is reviewed by the Government of the Russian Federation (Article 22 of the project).

Audit: Carried out by the Accounts Chamber of the Russian Federation and control and settlement bodies of the constituent entities of the Russian Federation and municipalities. The audit consists of analyzing the validity of forecasting and planning procurement, the feasibility and efficiency of procurement, the impact of procurement results on achieving the goals of government programs (Article 89 of the project).

NAdzOr in the FCC: Carried out by the federal agency authorized to conduct supervision state power. Supervision is carried out by carrying out (Article 90 of the draft): scheduled inspections(bodies responsible for maintaining the EIS; bodies maintaining the register of contracts and operators of electronic platforms); unscheduled inspections(customers, contract services (managers), specialized organizations).

TOONTROl to the FCC: Monitoring compliance with the legislation of the Russian Federation on the FCC. Conducted by the authorized body through scheduled inspections of the supervisory body in terms of maintaining the RNP (federal authorized body) and through scheduled and unscheduled inspections of customers (federal, regional and municipal authorized body) (Article 91 of the project).

Chapters 4 and 5 are devoted to monitoring, audit and control carried out by federal authorities in the FCC. In accordance with Article 98 of the law on the FCC, the audit will be carried out by the Accounts Chamber of the Russian Federation, control and accounting bodies of constituent entities of the Russian Federation, municipalities and other bodies authorized by law RF. The audit bodies will analyze the validity of procurement planning, the effectiveness of procurement, the impact of procurement results on the achievement of the goals of state programs of the Russian Federation (programs of constituent entities of the Russian Federation), federal and regional target programs, as well as other documents of strategic and program-target planning of the Russian Federation and constituent entities of the Russian Federation.

Control will be exercised by federal executive authorities through scheduled and unscheduled inspections of customers, contract services of customers, authorized bodies, procurement commissions, operators of electronic platforms and other persons involved in the procurement procedure.

In accordance with Article 102 of the FCC Law, citizens, public associations and associations legal entities has the right to carry out independent public monitoring and assessment of the progress of procurement, evaluate procurement procedures and the results of contract execution, apply on its own behalf to law enforcement agencies in cases where signs of a crime are identified in the actions (inaction) of customers, and also prepare proposals for improving the legislation of the Russian Federation on the FCC . This norm enhances the sense of publicity and public accountability of the activities of customers, however, the mechanism and procedure for exercising such control remains unclear.

Life safety fundamentalsAlOVAneithereand dOcourtebnohRAspeweneitherejoint ventureOROin, inOznikAliving in sfeReFCC: Similar to the provisions of Federal Law No. 94. In addition to the procurement participant, a complaint can also be filed by any public association.

ReplyetstveNNOthere ishAnArusheneitherehAToOnOdATeflatteriesAOFCC: Introduced: personal responsibility of employees contract service(contract manager) (Article 36 of the project); responsibility of the operator of the electronic platform for the disclosure of information received during the electronic auctions; responsibility of the supervisory and control body for decisions canceled by a court decision (Article 97 of the draft).

Conclusion

To summarize the above, we note the following. Firstly, procurement procedures in accordance with the FCC now affect the entire cycle of work related to procurement. The main stages are planning, placement, execution and control. The emphasis in the law is placed primarily not on saving budget funds, but on the result of the procurement, which should be directly related to the beginning of the procurement process - planning.

Secondly, the FCC Law makes it possible to regulate many provisions that remained outside the scope of Law No. 94-FZ. As noted earlier, this is procurement planning, anti-dumping measures, the ability to terminate the contract unilaterally, etc.

Thirdly, despite the positive aspects of this bill, we must not forget that the procedure for switching to new trading conditions will be lengthy and probably painful for both customers and suppliers. Both need to be patient in order to study the provisions of the new law in order to successfully apply them in practice. Customers will also need to undergo professional retraining in order to improve their skills.

Fourthly, in order to put the FCC system into effect, it is necessary to develop and adopt a large number of additional regulatory legal acts and make amendments to existing documents. Without timely resolution of this problem, the transition to the FCC will be impossible.

It remains to be hoped that all the positive aspects of the FCC Law will be applicable in practice, and all outstanding provisions will be clarified at the legislative level as soon as possible.

ListOk liteRAtours

Federal Law of July 21, 2005 N 94-FZ (as amended on December 30, 2012)

“On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (as amended and additionally effective from 01/01/2013)

Federal Law N 44-FZ “On the contract system in the field of procurement of goods, works, services in the field of meeting state and municipal needs”

Decree of the Government of the Russian Federation dated 04.09.2013 No. 775 “On establishing the size of the initial (maximum) contract price when purchasing goods, work, services, if exceeded, the contract establishes the obligation of the supplier (contractor, performer) to provide the customer with additional information”

Decree of the Government of the Russian Federation dated August 26, 2013 No. 727 “On the determination of the federal executive body authorized to carry out the functions of developing functional requirements for the Unified Information System in the field of procurement, for the creation, development, maintenance and maintenance of the Unified information system in the field of procurement, to establish the procedure for registration in the Unified Information System in the field of procurement and the procedure for using the Unified Information System in the field of procurement.

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6. Describe the use of electronic systems in the FCS (Federal Contract System).

The Law “On the Federal Contract System” (hereinafter referred to as the FCS Law) came into force on January 1, 2014, but its impact on the government procurement market has been felt for several years. And the closer the transition to the new law is, the greater the changes in the lives of customers and suppliers.

Electronic signature

The most significant change in terms of access to trading will be the transition of customers and suppliers to a new, qualified electronic signature (hereinafter referred to as ES). For suppliers, this means replacing one ES certificate with another, while maintaining the opportunity to participate in bidding on five trading platforms, selected by the government, and many commercial marketplaces. But for customers, the changes are more significant - they are moving from service at the certification center of the Federal Treasury to purchasing signature certificates and related services at commercial certification centers.

What does it mean?

Firstly, customers need to contact the certification center in advance and clarify the procedure for issuing an electronic signature certificate, since it may differ from the procedure adopted by the Federal Treasury.

Secondly, customers need to prepare for a “delayed” receipt of the electronic signature, since the final requirements for it have not yet been approved by regulations. In such a situation, it is very important to interact with a certification center that promptly monitors changes in legislation and is able to notify the customer and begin the procedure for issuing a signature certificate as soon as the requirements for it are approved.

Obtaining an Electronic Digital Signature (EDS)

Electronic key certificates digital signatures(hereinafter referred to as EDS) used in electronic document management during open auctions in electronic form must be produced only by authorized certification centers.

Trading Rules

The FCC Law will change the rules for holding competitions, will allow for centralized procurement, and will significantly strengthen control at the stage of planning and justification of procurement. The update will also affect electronic auctions.

The procedures for accreditation of suppliers, conducting an electronic auction, selecting a winner and concluding a contract will undergo minor changes. However, there are several points that customers and suppliers should consider in advance. Firstly, a mechanism for unilateral refusal to fulfill a contract appears, available to both customers and suppliers (Parts 8–26 of Article 95 of the FCC Law). It can be specified in advance in the electronic auction documentation.

Secondly, the lists of goods, works, and services, the purchase of which is carried out in the form of an electronic auction, may change. Reducing the number of positions in these lists will not necessarily lead to a reduction in the number of electronic auctions, since customers are assigned the right to conduct purchases of goods, works and services not included in the lists in the form of an electronic auction.

Thirdly, electronic document flow can go beyond the scope of electronic auctions, since parts 1 and 2 of Article 5 of the FCC Law allow the transfer of documents electronically in any way of determining suppliers, and not just within the framework of electronic auctions. In this case, the documents must be signed by a qualified electronic signature.

Within the framework of relations arising in the process of state procurement, it is allowed to exchange electronic documents provided for by the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement, between participants of the contract system in the field of procurement, including filing applications for participation in determining the supplier (contractor, performer), final proposals. In this case, these applications, final proposals and documents must be signed with an enhanced electronic signature and submitted using a unified information system. (as amended by Federal Law dated December 28, 2013 N 396-FZ)

2. Reinforced keys electronic signature, as well as certificates of electronic signature verification keys intended for use for the purposes of this Federal Law, are created and issued by certification centers that have received accreditation for compliance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signatures", or in cases provided for by international treaties of the Russian Federation, certification centers created in accordance with the rules of law of a foreign state.

(as amended by Federal Law dated December 28, 2013 N 396-FZ)

3. The federal executive body for regulating the contract system in the field of procurement in agreement with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of information technology, the federal executive body authorized to exercise control in the field procurement, establishes the procedure for using enhanced electronic signatures in a unified information system and on electronic platforms, the procedure for interaction of certification centers with a unified information system and electronic platforms, the responsibility of such certification centers, as well as jointly with the federal executive body in the field of security, establishes requirements for certificates of electronic signature verification keys and enhanced electronic signature keys used in the unified information system and on electronic platforms, including taking into account the obligations established by international treaties of the Russian Federation.

We will tell you what municipal procurement is, its types, what data needs to be placed in the municipal information system and within what time frame. You will also find features of procurement in educational institutions and health care facilities.

The concept of state and municipal procurement is competitive form placing orders for the supply of goods, performance of work, provision of services for municipal needs. the main objective procurement of goods, works and services for municipal needs - to satisfy municipal needs under the conditions specified in advance in the documentation. In essence, state and municipal procurement differ little from each other. But in this article we will focus specifically on municipal procurement.

Management of municipal procurement under 44-FZ: goal

Legal regulation of state and municipal procurement is carried out in accordance with. Participants in state and municipal procurement can be any organizations and individual entrepreneurs.

The decision on how to place an order is made by the customer. Let's consider:

1. By bidding in the form:

competition. A competition means a tender, the winner of which is the person who offered the best conditions for the execution of the contract and the application for participation in the competition is assigned the first number;
auction, including auction in electronic form. That is, an auction in which the winner is the person who offers the most low price contract.

2. Without bidding by requesting quotations or proposals. Based on quotations, information about the needs for goods, works, and services is communicated to an unlimited number of people by posting a notice of a request for quotations on the official website. The winner is the participant who offered the lowest contract price or the only supplier (performer, contractor).

A request for proposals is one of the ways to identify a supplier (contractor, performer). The winner of the request for proposals is the participant with the final contract terms that best meet the customer's needs.

Municipal information system by region

The customer institution annually creates a procurement plan and schedule. The municipal procurement information system is designed for this purpose.

The procedure for forming a procurement plan for municipal needs

The plan is approved by the state or municipal customer annually. First, customers make preliminary plan. After the authorities approve the budgets, it is time for clients to work with the final version of the plan.

The plan is approved within 10 working days after:

LBO will be delivered to customers;

The schedule is drawn up in two stages. The first stage occurs when the authorities consider the draft budget for the next financial year. At this stage, a preliminary schedule is developed, which includes all purchases for the year. All data must correspond to the plan. The second stage is when the authorities approve the budgets. Here, customers adjust the schedule data taking into account the completed amount of funding. And then the finished schedule is approved within 10 working days after:

LBO will be provided to government customers;
budgetary institutions will approve the FCD plan.

Regions and municipalities can have their own municipal procurement sites. Users should have access to it free of charge and around the clock. Municipal information systems must be integrated with a unified information system. That is, be able to transmit to the UIS, as well as receive from it the following information and documents:

procurement plans;
procurement plans and schedules;
information on the implementation of procurement plans and procurement schedules;
procurement information;
requests from users of regional and municipal systems, including requests for prices of goods, works, services;
customer reports.

Uniform requirements for regional and municipal procurement sites are established by decree.

An example of a municipal information system is the following municipal procurement sites:

https://zakupki.nso.ru/ – Novosibirsk region,
http://zakupki.omskportal.ru/ – Omsk region,
www.zakaz.cheladm.ru/ – the city of Chelyabinsk,
http://zakupki.krd.ru/ – Krasnodar city.

Information transparency is one of the key factors efficiency of procurement at all stages procurement activities. Thanks to available information about government orders you can:

identify inappropriate purchases before they are announced,
analyze the stated initial prices and other conditions of the future contract,
monitor compliance with the law choosing a supplier,
obtain data on the proper execution of the municipal contract.

Municipal procurement in the field of education

Educational institutions can participate in the contract system, acting both as customers and procurement participants.

As a participant, institutions can provide services educational services under various training and retraining programs.

Municipal procurement in the field of education - institutions can select suppliers (performers, contractors) within the framework of the contract system open competition, auction in electronic form, request for quotations and proposals. The disadvantage of such procedures is the length and significant volume of procurement documents. If the customer wishes to purchase from sole supplier, it should be remembered that he has the right to conclude a government contract for an amount not exceeding 100 thousand rubles.

Let's look at the nuances in the field of education using the example of purchasing textbooks. Procurement for municipal educational institutions takes place in a centralized manner. Responsibilities for identifying textbook suppliers rest with authorized institutions. These bodies may also have the authority to enter into contracts, pay for them, and participate in the acceptance of textbooks. In addition, municipal educational institutions has the right to independently purchase them at the expense of funds received from local budgets for the provision of municipal services. To do this, they can hold joint auctions with two or more customers.

Procurement for municipal needs of health care facilities

For the procurement of medicines in individual cases, the Contract System Law establishes special rules.

1. Choosing a method. Buy medications for the patient according to the decision medical commission possible by requesting proposals. And if medications are needed urgently, they can be purchased from a single supplier while a request for proposals is being conducted.

2. Determine the NMCP for the purchase of vital and essential drugs (VED) using one of two methods: comparable market prices or tariff.

3. When purchasing vital and essential drugs, you can remove the participant or refuse to enter into a contract with the winner. But only if the commission finds that:

the maximum selling price for medicines is not registered;
the price offered by the participant exceeds the maximum selling price and he refuses to reduce it. In this case, remove the participant or refuse the contract with him if:

– participant – manufacturer of vital and essential drugs;

– when purchasing for federal needs of NMCC more than 10 million rubles. And for the needs of a constituent entity of the Russian Federation, municipal needs - the amount established by the relevant authority.

4. For individual species Foreign medical goods The Government of the Russian Federation has limited access to procurement. Namely for:

medical products that are included in the list approved by the resolution;
vital and important medicines. Their list is established annually by the Government of the Russian Federation.

Restricting admission means that the customer must reject all applications offering foreign medicines and medical devices. Exception: goods from member countries of the Eurasian economic union. The participant can confirm the country of origin of the goods with a certificate in the ST-1 form, which is issued by the authorized bodies of the manufacturing country.

5. Specifics regarding the application of anti-dumping measures have been established for participants in the procurement of medicines:

– if the participant reduces the price by 25% below the NMCC, then he is obliged to provide the customer with justification for the proposed price;

– anti-dumping measures should be applied to participants in the procurement of vital and essential drugs only if the cost is reduced by more than 25% of the registered selling price.

6. The customer can take another medicine with improved characteristics from the supplier. The customer himself determines which medicine is better. Exception: Vital and Essential Drugs from a specific manufacturer or country of origin specified in the application cannot be replaced.