In this article, we consider the principles of the contract system that are used in public procurement of goods, services and works. The main law of the Federation, which regulates the bidding of state enterprises, is the 44th law, which was adopted on April 5 in 2013. It identifies the six fundamental principles of procurement. Consider them in more detail: what they mean and how they are realized.
Scope
In the public procurement industry, all participants must act in accordance with the principles of the contract procurement system. This applies to the customer, and the supplier / contractor, and the operator of the electronic platform on which the auction takes place. This also applies to federal regulatory authorities and organizations that provide procurement services to customers - assistance in the preparation of documentation and its placement.
These principles accompany participants in the procurement processes at all stages - from the formation and planning to monitoring the implementation of the contract concluded with the supplier based on the procurement results. If these principles are not respected, then the actions of the participants will be considered unlawful.
Where are these principles listed in the law?
All principles of the public procurement contract system are specified in article 6 of the federal law. Articles 7-12 describe in more detail the content of these principles. They are a key part of the law as amended in 2013, when the federal law was adopted, and they are still in force in this form.
Dogma on procurement for state (or municipal) needs can be defined as the foundation on which their legislative norms are based. So, we will consider these six principles in more detail.
1. Openness and transparency of procurement
The contract system is based on the principle of openness and transparency. This is one of the basic, basic rules of the procurement industry.
This principle means that information on government contracts within the Russian Federation should be open to all citizens of the country and be in the public domain. Information on contracts for state needs should not be concealed, except in cases where it is a state secret, procurement for the defense of the country and other circumstances stipulated by law.
The tools for fulfilling procurement transparency are the banking support of contracts: this is providing assistance in procurement - from finding contractors to controlling the distribution of funds by customers for their intended purpose.
Also, such methods include the Unified Information System - the main procurement portal at zakupki.gov.ru. In the title page, you can immediately make some analysis of the procurement processes in Russia.
For example, since 2017, the total volume of all purchases amounted to about 7.1 trillion, and in 2016 - about 6.4 trillion. Concerning customers, the largest volume of purchases falls to the Ministry of Internal Affairs of Russia - 13.8 billion rubles, and also to the Chernomorneftegaz enterprise (11.5 billion rubles). By the cost of purchases among electronic sites, the largest percentage of the RTS-tender and CJSC Sberbank-AST is 28.8% and 31.39%.
2. Ensuring competition
This principle of the contract system in the field of procurement is implemented through fair competition in terms of cost and others - qualifications, quality, the number of completed contracts, and so on.
In accordance with paragraph 1 of Article 8, all participants in the procurement must be provided with equal conditions, that is, any interested person - legal or physical, including individual entrepreneurs, can become a supplier according to the subject of the procurement.
Unified requirements are also shown to all participants, a list of which can be found in article 31 of the federal law on the contract system. These requirements include: the absence of tax arrears, conflict of interest, administrative responsibility for two years and others.
When fulfilling this principle, customers must adhere to the rules for describing the procurement object to ensure the proper level of competition:
- Do not write trademarks or company names;
- do not register the country where the product or service is produced;
- suppliers must provide a new product;
- provide drawings and sketches in the statement of work, if this is provided for in the documentation and other requirements.
This principle of the contract system also provides for a reduction in bidding with a single supplier and a regulated annual procurement volume through a quotation request.
3. Professionalism of the customer
In accordance with this principle, procurement in the industry of state and municipal orders should be carried out by qualified personnel, which include:
- customers - state or municipal institutions that conduct procurement for their needs;
- specialized organizations - companies that provide procurement services - prepare documentation, place a purchase (auction or tender);
- procurement control and supervision bodies - FAS (Antimonopoly Service), Accounts Chamber, Treasury.
Procurement officials should regularly improve their theoretical knowledge and practical skills. To do this, they improve their qualifications and undergo professional retraining on the basis of higher education.
4. Stimulating innovation
This principle is specified in article 10 of the law - the customer, during the planning, execution of procurement and its placement, must choose modernized products with improved quality and functional characteristics.
The criteria by which products and services can be classified as “innovative” are regulated by regulatory documents of federal bodies. For example, by Order of the Ministry of Education and Science of November 1, 2012 No. 881. So, objects are considered to be innovative, which together meet the following criteria: novelty, economic efficiency, and the criterion for the introduction of a product (work / service), and products should also be high-tech.
High-tech is considered to be products that are developed in accordance with the directions of development of science and technology in Russia, as well as if it is manufactured using new technologies with the participation of professional personnel.
Also, the principle of innovation is applied for procurement of research projects. For them, the most important criteria are the quality and qualifications of employees (up to 80% of the significance of the evaluation criteria), and not the cost of the contract.
5. The unity of the contract system
In article 11 of the law on the contract system, the principle is that all procurement processes should be carried out in a clear sequence at all stages of the procurement procedures: from procurement planning and scheduling for the next year, to control already concluded contracts.
Also, the expression of the principle of unity is presented through the Unified Procurement Portal - all procurement notices are first published on this site and later integrated with trading platforms - RTS-tender, Unified Electronic Trading Platform (Roseltorg) and others. This portal also trades in 223-ФЗ.
The principle of unity of the contract system in the procurement sector is fulfilled by the presence of a single federal body that regulates the procurement sector - the Ministry of Finance of Russia.
6. Responsibility for performance and effectiveness.
What is included in the concept of this principle? Purchases, first of all, should be focused on meeting the needs of the state - in the person of its institutions. Also, procurement must be effective. How is this calculated? Efficiency equals the ratio of the resources spent on tendering (payment under the contract, training employees of the procurement system at the institutes) to the benefits received - that is, fulfilling the planned performance indicators of the authority.
Customers in the form of their officials are personally responsible for the implementation of legislation in the industry of government orders - that is, the law on the contract system and other regulatory acts. For their violations, for example, for the use of budget funds for other purposes, customers can be held liable - administrative, disciplinary criminal and others.