For groups of 4 people 126400 - 99,500 rubles (including certificate of advanced training)

The price includes: food, distribution and methodological material, certificate.

Participants can receive a certificate of advanced training under 223-FZ (108 academic hours) by continuing their studies in the distance module.
Additional payment - 4000 rubles/person.

223-FZ in the new edition. Regulation of methods and stages of electronic procurement. Restrictions on the indication of trademarks.
Algorithm and features of procurement from SMEs in 2018.

April 09, 2018
09:30-10:00- REGISTRATION
10.00-17.00 Regulation of methods and stages of electronic procurement. Restrictions on the indication of trademarks. Algorithm and features of procurement from SMEs in 2018.

223-FZ as amended by 505-FZ of December 31, 2017, 496-FZ of December 31, 2017, 481-FZ of December 31, 2017, 470-FZ of December 29, 2017, 249-FZ as amended. from 12/29/2017):

• Obligation to conduct competitive procurement in ELECTRONIC FORM;
• Deadlines for mandatory adjustment of the Regulations and items to be included/amended;
• Establishing a LIMIT minimum and maximum period for concluding a contract;
• Limitation of competitive procurement methods;
• PROHIBITION of indicating Trademarks, Names of country of origin;
• Exception cases - when it is possible to indicate trademarks in the wording “or equivalent”;
• Exception cases - when it is possible to indicate trademarks without indicating “or equivalent”;
• Deadlines/Procedure/Features of application of 44-FZ by Customers who have not chosen the volume from SMSP;
• New grounds and procedure for appealing the actions (inaction) of the customer in the Court and the Federal Antimonopoly Service;
• The customer's obligation to respond to requests for clarification of documentation;
• Requirements for the content of protocols drawn up during competitive procurement;
• Requirements for the content of the protocol drawn up based on the results of competitive procurement;
• New terms for competitive procurement;
• Requirements for securing applications - cases and procedure for provision, size, order

return, grounds for retention;

• The right to conclude an agreement with several procurement participants;
• Conducting electronic procurement:
• - possibility of carrying out only through operators electronic platforms;
• - accreditation of the participant on the electronic platform;
• - electronic document flow between the Customer, Participant and Operator.
• Features of electronic procurement from SMEs;
• Deadlines, stages (rules of application), features of the electronic competition;
• Timing, stages (rules of application), features electronic auction;
• Deadlines, stages (rules of application), features of the electronic request for proposals;
• Deadlines, stages (rules of application), features of the electronic request for quotations;
• Operators of electronic platforms for electronic procurement;
• Requirements for the composition and content of applications for participation in electronic procurement;
• Terms, grounds and procedure for cancellation of the purchase;
• Requirements for the Application Form in the request for quotations in electronic form;
• The procedure for submitting, changing, withdrawing an application by a procurement participant;

• Requirements for the period of storage by the customer of documents related to the procurement (including applications);

• The obligation to establish in the Regulations the procedure for purchasing from a single supplier;
• The obligation to indicate the NMDC in the Notice and Documentation;
• New requirements for the content of monthly reporting;
• Requirements for corporate information systems in the field of procurement;
• Departmental control;
• New exclusions of certain procurements from regulation 223-FZ;
• Features of procurement from related parties;
• New procedure for considering complaints to the FAS;
• Model provisions on procurement and the grounds for their mandatory application;
• Changing the concept of “procurement participant”;
• Possible reasons for conducting procurement in a non-electronic form;
• The right of the Government to oblige individual customers to purchase from SMEs;
• Establishment by the Government of the specifics of closed procurement;
• TIMELINES and procedure for the changes to come into force.

Review of practice and current clarifications of legislation:

• Expansion of cases of procurement by budgetary institutions within the framework of 223-FZ.
• TOP 5 violations in the preparation of technical specifications according to the FAS.
• Transition through “0” - the supplier’s right to pay extra to the customer for the right to supply for free

goods, perform work, provide services. Features of the conclusion and execution of the contract

when passing through “0” in purchases at unit price.

• New procedure for using the CATALOG of goods/works/services - closed set

characteristics and parameters of goods/works/services, the procedure for describing items in the technical specifications

missing from the catalog and multi-item purchases, new order justification

use of other characteristics.

• Amendments to the Code of Administrative Offenses - cases of FAS initiation of contract termination.
• Double fines for violations of 223-FZ - organization and official.
• VAT included in the price - how to evaluate offers and whether it is possible to reduce the price when

victory of the organization working on the simplified tax system (position of the Courts, FAS, Ministry of Finance).

• Assignment is the practice of application in 223-FZ.
• In what cases can subcontracting be limited/prohibited?
• In what cases can procurement be carried out for turnkey construction?
• The supplier's ability to refuse to provide services subject to compensation for losses.
• In what cases can you pay for work performed before signing the contract - position

Ministry of Economic Development and Courts.

• Affiliation and conflict of interest - concepts, practice, risks.
• The customer’s right to request information and documents about the supplier’s actual expenses and

on the involvement of subcontractors for the execution of the contract - the position of the FAS and the courts.

• Is it possible to demand a penalty from the bank using the bank guarantee funds?
• Calculation of the initial (maximum) contract price taking into account reference prices.
• Regulation in the Regulations and Documentation of the procedure for participation of a collective participant.
• The Customer has the right to demand a tax return from the participant.
• Limitation of the maximum amount of advances for all purchases.

Decree of the Government of the Russian Federation of September 16, 2016 N 925 “On priority for goods of Russian origin, works, services performed and provided by Russian persons..." - PRACTICE of application.

Rules for the preparation and requirements for the content of the Technical Specifications.

• Practical recommendations for the application of technical regulations and national standards.
• The procedure and features of the formation of lots.
• Rules for describing Goods/Works/Services:
• - when it is possible not to indicate “or equivalent” - examples of decisions of the FAS and courts;
• - when it is possible to indicate a requirement for the supply of goods by the manufacturer/dealer;
• - the term “new product”;
• - indication of max and min values ​​of parameters, specific requirements for range indicators, etc.;

National standardization system of the Russian Federation. Federal law dated December 27, 2002 N 184-FZ “On technical regulation”, Federal Law dated June 29, 2015 N 162-FZ “On standardization in the Russian Federation” - conditions and procedure for standardization.

• Declaration of conformity and certificate of conformity:

Unified list of products subject to mandatory certification;

A unified list of products, confirmation of conformity of which is carried out in the form of a declaration of conformity.

• Product registration - registration certificates

Technical regulations and national standards.

• Product requirements - GOSTs, SNiPs, SanPiNs, etc.
• Licensing of participants' activities.
• Terms - trademark and country of origin of the product.
• Traps of technical specifications do not violate current legislation.
• Typical mistakes made by customers when creating Technical Specifications.

Explanations from the FAS and the Ministry economic development By problematic issues preparation of technical specifications, including:

• in what types of purchases can lots be allocated;
• the procedure for determining improved product characteristics;
• the ability to purchase used goods;
• Is it possible to provide for the opportunity to inspect the work site in advance;
• is it possible to replace the types of work provided for in the contract;
• types of work and services that must be provided for in the license;
• when it is possible to purchase construction work along with equipment.

Review of the results of appeals on complex and controversial issues in the preparation of technical specifications for 2017, including:

• establishing the provisions of the technical specifications - limiting the number of procurement participants;
• establishing product requirements based on outdated GOST standards;
• listing of GOSTs without correlation to specific positions of technical specifications;
• specifying the requirements for chemical composition goods;
• establishing short delivery/fulfillment/service deadlines;
• excessive consolidation and complication of technical specifications;
• excessive requirements for licenses and permits.

Features of the preparation of Terms of Reference for procurement.

• Food, catering/Medicines/Communication services/Educational services/Information services/Software/Computer and office equipment, /Consumables/Support services and maintenance work/Security services/Vehicles (including repair and technical services)/Insurance/Services of subjects of natural monopolies/Construction works, capital and current repairs.

Examples of technical specifications and typical customer mistakes!

Increasing the efficiency of preparation of Technical Specifications:

• development technological map standard technical specifications for types of T/R/U;
• development of standard technical specifications;
• effective division of responsibilities between purchasers and initiators;
• introduction of the indicator “quality and timeliness of preparation of technical specifications” into the KPIs of the initiators;
• diagrams, examples, samples!

Purchase at unit price of goods/work/service:

• in what cases can it be carried out;
• subtleties in preparing documentation;
• how to correctly formulate and justify the contract price, unit price, unit prices;
• how to properly publish and conduct a purchase;
• mandatory terms of the contract when purchasing at a unit price.

EXAMPLES and SAMPLES OF DOCUMENTATION for purchasing at unit price!

Procurement standard from FAS:

• the procedure for forming criteria and subcriteria for evaluating applications;
• the procedure for justifying the initial (maximum) contract price;
• establishment of anti-dumping measures;
• the procedure for forming requirements for securing applications/agreements/guarantees;
• the procedure for the formation of lots when drawing up technical specifications;
• published and unpublished sections of the procurement regulations.

Features of procurement from small and medium-sized businesses.

• New form of reporting on purchases from SMEs.
• Mandatory purchases from SMEs for new categories of customers.
• New conditions for procurement from SMEs - register of SMEs/new volumes/new criteria for inclusion

to SMSP/new declaration/new procedure for confirming SMSP status.

• Obligation to conduct purchases from SMPSP electronically.
• 30-day payment period for all contracts with small businesses (RF RF dated December 14, 2016 N 1355).

Contracts and acceptance of goods, works, services.

• New procedure for entering information into the register of agreements;
• Contracts with extension - the possibility of extension without making a new purchase.
• Providing Guarantees.
• Requirements for the acceptance procedure.
• How to properly terminate a contract if the supplier violates the terms.
• Illegal terms of draft contracts!
• Appeal to the FAS and the court against the actions of the auction organizer under 223-FZ.
• The procedure for considering complaints under 223-FZ - Art. 18.1 No. 135-FZ “On Protection of Competition”.
• Register of unscrupulous suppliers (RF RF dated November 22, 2012 N 1211).
• Review of decisions and resolutions on the imposition of fines by the FAS for 2017.
• Penalties under 223-FZ.

Answers to questions from seminar participants. Individual consultations.

Lecturer: Babunov Sergey Valerievich - experience as a Chief State Inspector in the Directorate for Control of Public Order Placement of the Central Office of the Federal Antimonopoly Service of Russia, Head of the Department of Government and Corporate Procurement at the Federal State Budgetary Educational Institution of Further Professional Education "IRDPO", experience in conducting seminars on methods of electronic platforms (more than 8 years teaching activities), an expert practitioner with 13 years of experience in organizing and supporting auctions, author of articles in the magazine “Bulletin of Operational Information “Moscow Trades”.

« Corporate procurement reform in 2018»

1. Changes that came into force on December 31, 2017 ( Federal laws N 481-F3 of December 31, 2017, N 505-F3 of December 31, 2017).

1.1. New powers of the Government of the Russian Federation related to the regulation of procurement activities.

1.2. New exceptions from the scope of regulation 223-FZ. Changes to the Procurement Regulations in connection with the adopted changes.

1.3. Changes for regulatory purposes 223-FZ.

1.4. About standard Procurement Regulations. Procedure for development and application.

1.5. On accession to the Procurement Regulations of the main business company.

1.6. Changes in the grounds for appealing actions (inaction) of the customer, the procurement commission, and the operator of the electronic platform.

1.7. Changes in the powers of the Corporation for the Development of Small and Medium Enterprises, executive authorities of the constituent entities of the Russian Federation or organizations created by them in terms of appealing the actions (inaction) of customers.

1.8. New cases of failure to place procurement information in the Unified Information System.

1.9. On the register of customers under 223-FZ.

1.10. About corporate information systems.

1.11. On regional and municipal information systems.

1.12. On departmental control of procurement activities.

1.13. On the consequences of failure to place the Procurement Regulations in the Unified Information System.

2. Changes that came into force on 01/09/2018(Federal Law N 470-F3 dated December 29, 2017)

2.1. New exceptions from the scope of regulation 223-FZ.

3. Changes coming into force on June 30, 2018 ( Federal Law N 496-F3 dated December 31, 2017).

3.1. Changes in the scope of 223-FZ related to the implementation of investment projects with state support.

3.2. Features of procurement of certain types of goods, work, provision of services, lease (including chartering, financial lease) by customers - state corporations, state-owned companies, business entities in whose authorized capital there is a participation interest Russian Federation exceeds fifty percent, by subsidiary business companies, in the authorized capital of which more than fifty percent of the shares belong to the specified legal entities.

4. Changes coming into force from 07/01/2018(Federal Law No. 505-F3 of December 31, 2017) and changes to the Procurement Regulations.

4.1. New requirements for the composition of the Procurement Regulations.

4.2. The concept of “competitive procurement”.

4.3. Methods for conducting competitive procurement. Schemes of procurement methods.

4.4. Non-competitive procurement. Examples of non-competitive procurement methods, as well as cases of procurement from a single supplier (performer, contractor).

4.5. Change in the concept of “procurement participant”.

4.6. Requirements for procurement participants. Examples of formulation.

4.7. Requirements for the description of the subject of procurement. Examples of administrative practice for an identical situation in 44-FZ.

4.8. New powers of the Government of the Russian Federation related to the regulation of procurement activities.

4.9. New powers of the Small and Medium Enterprise Development Corporation.

4.10. Changes in the grounds for appealing actions (inaction) of the customer, the procurement commission, and the operator of the electronic platform.

4.11. Procedure for competitive procurement:

• The procedure for sending a request for clarification of the provisions of the documentation on competitive procurement.
• Procedure for canceling competitive procurement by the customer.
• On determining the requirements for the content, design and composition of the application for participation in the procurement in the procurement documentation.
• About the storage period for procurement documents.
• On the composition of protocols drawn up during competitive procurement (based on the results of the competitive procurement stage) and based on the results of competitive procurement.
• On the timing of concluding a contract based on the results of competitive procurement.

4.12. Changes in the procedure for conducting competitions and auctions.

4.13. Features of conducting a request for quotation and request for proposals.

4.14. On securing applications for participation in competitive procurement. Cases of withholding of collateral.

4.15. Cases of concluding contracts with several participants.

4.16. Competitive procurement in electronic form. Operation of an electronic platform for the purposes of such procurement.

• New terms in 223-FZ.
• Conditions for participation in electronic procurement.
• The procedure for using electronic documents when purchasing in electronic form.
• Actions and responsibilities of the operator of an electronic platform when conducting procurement in electronic form.

4.17. Features of competitive procurement in electronic form and the functioning of an electronic platform for the purposes of competitive procurement, the participants of which can only be small and medium-sized businesses.

• Deadlines for posting notices of procurement in electronic form, the participants of which can only be small and medium-sized businesses.
• Stages in an electronic competition and the procedure for their application.
• Stages in an electronic auction.
• The procedure for submitting bids on the contract price by participants in the electronic auction.
• Requirements for the composition of the application for participation in the request for quotations in electronic form.
• Features of the request for proposals in electronic form, the participants of which can only be small and medium-sized businesses.
• About securing applications.
• Blocking order cash in a special bank account of the procurement participant, deposited as security for the application.
• The procedure for submitting applications, including the composition of the first and second parts.
• The procedure for conducting “rebidding” during an electronic competition.
• The procedure for interaction between the customer and the operator when conducting procurement in electronic form.
• Consequences of the customer’s failure to fulfill the obligation to make purchases from small and medium-sized businesses during the calendar year in the amount established by the Government of the Russian Federation, or posting false information about the annual volume of purchases from such entities.

4.18. Requirements for competitive procurement carried out in a closed way

• Cases of closed procurement methods.
• The procedure for sending an invitation to participate in a closed competitive procurement.

4.19. Requirements for procurement from a single supplier (performer, contractor), including the procedure for posting information in the Unified Information System about such procurement.

4.20. Changes in the composition of the notice and documentation on the implementation of competitive procurement. The procedure for making changes to notices and documentation.

4.21. Changes in monthly customer reporting.

- federal level expert, professor of the department of government and corporate procurement, vice-rector for scientific and innovation activity State Educational Institution "Institute for the Development of Additional vocational education", Corresponding Member of the Russian Academy of Natural Sciences

1. Practical aspects of the implementation of the Federal Law of July 18, 2011 N 223-FZ “On the procurement of goods, works, services certain types legal entities". Administrative and judicial practice. Prosecutor's supervision (review results for 5 years + 2017):

Violations of the mandatory procurement information support procedure.
1.1. Violations of deadlines for posting information in the Unified Information System or failure to post information.
1.2. Violations of the procedure for posting information in the Unified Information System.
1.2.1. Violations in the form of a procurement plan for goods, (works, services).
1.2.2. Violations of the composition of the procurement notice, procurement documentation, protocols drawn up based on the results of the procurement.
Violations in the procurement regulations.
2.1. Formal (technical) violations.
2.2. Content violations.
2.2.1. Transparent content violations.
2.2.2. Controversial content violations.
Violations in the practical actions of customers.
3.1. Avoidance of competitive procurement procedures.
3.2. Avoidance of electronic procurement.
3.3. Violations in procurement documentation.
3.4. Violations in the actions of the procurement commission.
3.5. Violations during the conclusion and execution of contracts.
3.6. Incorrect application of Law No. 223-FZ.

2. Practice of application of the Decree of the Government of the Russian Federation of September 16, 2016 N 925 “On the priority of goods of Russian origin, work, services performed and provided by Russian persons in relation to goods originating from a foreign state, work, services performed and provided by foreign faces."

2.1. Examples of calculating the ratio of shares of Russian and foreign goods (works, services) in a mixed proposal of a participant.
2.2. Examples of changes to the Procurement Regulations.
2.3. Examples of procurement documentation that takes into account the requirements of the Resolution.
2.4. Administrative practice of applying the Resolution.
2.5. Review of explanatory letters from Federal executive authorities.

3. Approaches to comparing price offers of participants who apply the simplified tax system and are VAT payers: administrative and arbitration practice.

4. Examples of the procedure for evaluating and comparing applications, including the criteria “contract price”, “qualification of the participant”, “delivery time”, “warranty period”, “negative experience with the customer”.

5. Other possible changes in legislation.

• Conflict of interest and its prevention.
• Rationing of purchases.
• Features of applications from small and medium-sized businesses.
• Registry bank guarantees.
• Participation in procurement of socially oriented non-profit organizations.

Lecturer: Trefilova Tatyana Nikolaevna- federal level expert, professor of the department of government and corporate procurement, vice-rector for scientific and innovative activities of the State Educational Institution "Institute for the Development of Further Professional Education", corresponding member of the Russian Academy of Natural Sciences

Booking rooms at the Izmailovo Hotel
Single/double room -3640 RUR/day; breakfast 700 rub.

The procurement regulation system needs to be transformed so that it works not on compliance with the procedure, but on the final result.

Over the past two years, there have been heated public discussions about the state of government procurement in Russia. The result of these discussions was the recognition of the need for significant changes in legislation and the decision to create a Federal Contract System. In practice, this means a new reform of the public procurement system. But for it to be successful, it is important to learn from the past - including mistakes and miscalculations.

Nemtsov's reform

The first public procurement reform was associated with the name of Boris Nemtsov, who in 1997 took the post of Deputy Prime Minister of the Russian Federation. The reform was a reaction to deep crisis in the sphere of meeting state needs after the collapse of the USSR and the entire administrative-command system of economic management. Gossnab as one of the pillars of the plan new system was eliminated, but the old channels of direct budgetary financing of state-owned enterprises and government institutions remained in the absence of control over the activities of their leaders. At the same time, there was a sharp drop in government spending with systematic delays in payment of government orders by the state. Together, this created massive incentives for asset stripping and corruption.

In April 1997, Presidential Decree No. 305 introduced mandatory competitive placement of all government orders costing more than 2,500 minimum wages, which then approximately corresponded to the amount of $35 thousand. At the same time, requirements were introduced for the publication of information about tenders and for the mandatory training of government procurement specialists in customer organizations.

The practical implementation of the reform faced serious problems. In particular, Decree No. 305 did not create a law enforcement system. It did not provide for real sanctions for any violations of the rights of suppliers and for the lack of information about tenders. The Ministry of Economy, which oversaw the procurement sector, had virtually no apparatus for monitoring and regulation. Two departments in the price regulation department of the Ministry of Economy were responsible for all government procurement in the Russian Federation - with a staff of 30 employees. One of the functions of this division was to coordinate requests from all over the country to place government orders with a single supplier. As a result, employees of the Ministry of Economy had an average of 20 seconds to evaluate the documents and justify the decision on each such request. Finally, there were not even minimal summary statistics about how the procurement system worked and what was happening to it. Obviously, such a system was ineffective.

Federal Law No. 94

The second public procurement reform was associated with the strengthening of the state presence in the economy since the mid-2000s, including a noticeable increase in government orders.

The reform was initiated by the head of the FAS I. Artemyev and the Minister of Economic Development and Trade G. Gref. It received great political support, and in July 2005, the State Duma adopted Federal Law No. 94.

First of all, the new law was aimed at combating corruption. It was supposed to ensure transparency of procurement and create conditions for competition in tenders. The emphasis was placed on the use of the simplest, unified procedures with the initial restriction of purchases from a single supplier and with a sharp limitation of the opportunities for customers to influence the selection of suppliers. In this case, the selection of suppliers was carried out according to the criterion of the lowest price.

One of the consequences of this was a decrease in prices at auctions, which was practically not observed before the introduction of 94-FZ. As a result, the total savings for the budget, according to the FAS, over the six years of application of the law amounted to about 1.2 trillion rubles, and the FAS considered these savings as a key indicator of the effectiveness of 94-FZ.

By 2011, control of government procurement was carried out by more than a thousand FAS employees in Moscow and in all regions. As follows from FAS reports, agency employees annually check over 100 thousand procurements, issue tens of thousands of orders to eliminate violations, and collect fines totaling tens of millions of rubles. In other words, a truly working law enforcement system was created in the field of public procurement.

However, in general, hopes for creating effective system government procurement fell short again.

The first innovation that caused controversial consequences was the actual ban on the use of qualification criteria and the consideration of business reputation when selecting suppliers. The repeatedly voiced position of the FAS is that the procedure for selecting suppliers does not affect the quality of supplies. However, in reality this is a deep misconception. It is by no means possible to determine a priori and quickly verify quality requirements for all goods, works and services.

So, there are simple goods and services. Their quality is easily determined and can be specified in the tender documentation. This is, for example, granulated sugar, cement or cleaning of premises. But there are other categories of goods and services, the quality of which can only be checked during use, and sometimes defects can appear with a significant lag. Classic example- this is construction work or expensive complex equipment (for example, computed tomographs). That is why in these markets important role The qualifications and business reputation of the supplier play a role. And in relation to R&D, medical and educational services, quality cannot always be verified even during use.

The second controversial issue was related to the fact that in order to ensure access to bidding for small and medium-sized businesses, very low cost thresholds were introduced, after which the mandatory use of competitive procedures began. Initially, they became mandatory for all purchases worth over 60 thousand rubles, later this limit was increased to 100 thousand.

The mandatory nature of such procedures has led to an excessive expansion of the objects of control. According to official statistics from Rosstat, more than 90% of the total are so-called “small purchases”. They are subject to control along with large purchases, but in reality their value share in the total volume of purchases is marginal - only about 6%. As a result, administrative resources were dispersed on those objects that did not deserve attention.

Third important point. In accordance with 94-FZ, an official website was created to post information about government orders www.zakupki.gov.ru. Thanks to its presence, information about obvious “deviations” in the public procurement system became available to the media and the general public - starting with the story about “golden beds” for the Ministry of Internal Affairs and ending with the purchase of “golden tomographs.” However, unfortunately, in five years practical application 94-FZ never created normal working mechanisms for analyzing the information accumulated on the website about millions of auctions held and their participants, as well as about the level and dynamics of prices for goods, works and services purchased by the state.

In general, it can be stated that the main emphasis in the FAS policy was placed on control of order placement procedures - in the absence of control over the results of government procurement and problems arising during the implementation of supplies for government needs. Serious problems with ensuring supplies of the proper quality and on time became one of the main arguments against 94-FZ. At the same time, since 2008, not only government customers, but also the Accounts Chamber, the Chamber of Commerce and Industry and the Prosecutor General’s Office, and since 2010, President Dmitry Medvedev, have sharply criticized the existing public procurement system.

What to do?

It is obvious that the procurement regulation system needs to be transformed so that it works not on compliance with the procedure, but on the final result:

1. FAS, as part of control procedures, instead of mechanically checking any contracts (small, medium, large), should concentrate on large contracts and purchases for which there was a strong drop in prices.

2. Special procedures for selecting suppliers are required for all large purchases, even simple ones, taking into account standard factors that are used in world practice. This is successful experience in implementing similar projects, the availability of qualified personnel and equipment.

3. We need legal procedures for adapting contracts to changing environmental conditions. They can and should be formalized, indicating under what conditions and to what extent it is possible to change prices or extend the contract period. Otherwise, this will still be done - but in the “gray” zone, with the inevitable expansion of the preconditions for corruption.

4. It is necessary to reduce the scale of use of auctions in public procurement, because auctions are effective only for those goods whose quality is verified at the time of delivery.

5. We need much wider access to data on government procurement and the creation of normal technological capabilities for analyzing this data.

This article continues a series of publications by Russian experts from the Association of Independent Centers for Economic Analysis (ANCEA, www.arett.ru) on the strategic problems of the country's development.

The amendments have a difficult fate. The draft was adopted in the first reading back in September 2015. Then it stalled due to the resistance of state-owned companies; they were asked to get rid of 3,800 procurement methods and switch to five. The FAS advocated a closed list of procedures and transfer of government orders to electronic platforms.

The new version of the project stipulates the transfer of all tenders to electronic form, but only for the state. It also consolidates the registration of suppliers through a unified information system, the abolition of mandatory security for contracts up to 5 million rubles. and transfer of all trades to special accounts. With the complete transfer of all government procurement into electronic form, proposals from bidders will become anonymous, everyone will be able to participate in the auction, and the selection of the winner will be more objective, said Rachik Petrosyan, deputy head of the FAS, through a representative. This will also help avoid manipulation of the paper application form.

It was not possible to completely convert procurement of state-owned companies into electronic form (see inset), as follows from the text of the amendments. Gazprom, which sent its proposals to the State Duma Committee on Economic Policy, as well as several other state-owned companies, opposed this, says an employee of the State Duma committee. A Gazprom representative did not respond to Vedomosti’s request. Gazprom also insisted that the bill regulate intra-group transactions, says a committee employee: now, when selling raw materials to a subsidiary, it is obliged to organize a tender. According to the bill, internal transactions will not be published on the procurement website and will be conducted as procurement from a single supplier.

Electronic type of procurement

For state-owned companies, only purchases among small and medium-sized businesses will be transferred to electronic form, says Petrosyan, a closed list of procedures will be established for them, and the purchases themselves will be carried out on electronic trading platforms operating in the field of government procurement (there are six in total. - Vedomosti) . It is proposed to transfer procurement into electronic form from July 1, 2018; it is mandatory to conduct such tenders in electronic form from the beginning of 2019, says a representative of the Ministry of Finance: it is planned to accept regulations for a painless transition to new procedures.

But the State Duma may not have time to pass the bills during the spring session. On Monday, the amendments were supposed to be considered at a meeting of the Economic Policy Committee, but the consideration never took place, and the draft itself could be postponed to the autumn session, according to two participants in the meetings in the State Duma. A committee representative declined to comment. The Ministry of Finance considers it necessary to adopt the bill in the spring session, its representative specified. There is hope that the amendments will be adopted this session, the federal official believes.

The government is in a hurry to transfer public procurement to electronic procedures as soon as possible in order to fulfill the instructions of President Vladimir Putin, explains Andrei Chernogorov, head of the Association of Procurement Directors. But the projects themselves could harm procurement, experts warn. Cancellation of security for applications for purchases up to 5 million rubles. will lead to manipulation by unscrupulous suppliers and the return of raiding in the field of government procurement, which was widespread before its introduction, says Anton Emelyanov, CEO of the Unified Electronic Trading Platform. Unscrupulous suppliers will be able to blackmail customers and disrupt auctions, endlessly reducing the price during the auction, he fears. The general director of the State Procurement Agency of Tatarstan, Yakov Geller, agrees with him - a norm that was supposed to help small businesses could bring down the entire public procurement system.

An open competition in electronic form will not improve the bidding procedure, Geller believes; subjective evaluation criteria remain. A catalog of needs would help make the system much more transparent and efficient, he believes, but instead it is planned to create a “catalog of goods, works and services.” “It turns out that if we give more money, we’ll build a school, and if we give less, we’ll build a kindergarten,” he concludes. The bill will not hinder the development of competition, but, on the contrary, will improve the situation, says a representative of the Ministry of Economic Development.

But the amendments to the law on procurement of state-owned companies essentially turned out to be “toothless,” Chernogorov points out: the mandatory nature of electronic procedures was lost and the issue of regulating electronic platforms remained unresolved, which will not solve the problem of procurement from a single supplier.

Alarming information is contained in the latest monitoring of procurement of state-owned companies, compiled by the FAS, the Federal Treasury and the Ministry of Economy. A report on the performance of state-owned companies for the first 6 months of 2016 has already been sent to Dmitry Medvedev. It follows from the document that over six months, 96% of purchases by state-owned companies were carried out on a non-competitive basis, of which 51% were orders from a single supplier, 45% were “other methods”. Moreover, 3.8 thousand of the latter were recorded, including especially exotic ones - “non-competitive procurement” and “our favorite method of procurement” (these names were used by the customers themselves in the documentation). In total, during the period under study, purchases worth 8.7 trillion rubles were placed in the Unified Information System, of which only 28% (more than 2.4 trillion rubles) are carried out electronically. More than half of the orders are concentrated on three sites: Russian Railways, Gazprombank and B2B-Center. The last thing that is emphasized in the presented monitoring is the formal fulfillment of quotas for small business purchases and the unreliability of information in reporting documents.

As you know, the reform of the procurement system started in April 2016, when the Prime Minister issued relevant instructions. In May, the Ministry of Economy introduced amendments to the Cabinet of Ministers, agreed upon with the FAS, but they were never submitted to the State Duma. Thus, in the law extending the effect to the procurement activities of state unitary enterprises and municipal unitary enterprises, references to funds and autonomous institutions No.

According to experts, the most radical government amendments to the procurement law (the clause on the transfer to electronic trading of both state-owned companies and government procurement) never reached State Duma due to the actions of large customers, whose particular dissatisfaction was caused by the proposal to transfer large purchases of software to universal ordering platforms for software, transfer settlement centers to banks and reduce the size and timing of blocking funds in accounts. As you know, these projects are currently at the approval stage in the main presidential administration.

Thus, it was the failure to accept the amendments that stopped the procurement reform of state-owned companies. As is known, the amendments were discussed on June 23 at a meeting of the State Duma Committee on Economic Policy. We listened to Senator Nikolai Zhuravlev, who voiced a letter from Sberbank criticizing the project. Also, according to preliminary data, VTB also opposes some points of the project. It is worth noting that there are no official comments on this matter from either Sberbank or VTB.

This week, a new version of the amendments to the Ministry of Economic Development was published on the website of the Ministry of Economic Development, containing significant changes. This option proposes to allow small and medium-sized business corporations to file complaints with the FAS in case of violations at auctions. Also, if state-owned companies do not comply with the purchase limit from SMEs or provide false information, then by the end of the year they can be partially transferred to the law.

So, the new project contains a number of concessions to state-owned companies. In particular, it is envisaged to only partially limit the list of procurement procedures, dividing them into open and closed competitive procurement from a single supplier and “other methods”, and they will be applied only to purchases worth less than 5 million rubles. Enter the shared construction of a house in the city of Lipetsk.

At the Sberbank-AST site they stated that they consider this version of the changes to be crude, undeveloped and such that it does not promote competition. And some experts argue that the proposed measures are more suitable for the definition of experimental, which will help test the performance of the new norms. And only then can we talk about expanding them to other segments of the procurement market.

Public procurement reform in last year was one of the most discussed in detail in the White House. The decision to transfer all purchases to electronic form was made by the government at the end of 2013, meetings on the topic were held almost weekly by First Deputy Prime Minister Igor Shuvalov, the Ministry of Finance, the Ministry of Economy, the Federal Antimonopoly Service, the Federal Property Management Agency and the Federal Treasury, state corporations, and the largest state-owned companies are working within the reform perimeter and investment banks. Kommersant studied what officials and market participants want from the new system, what risks they see in it, and why it took the government - and will still take - several years to resolve the technical issue as a whole.

"The best procurement law"

Historically, the regulation of public procurement has caused interdepartmental friction even during the development of the first law on them (94-FZ). The document seriously expanded the functionality of the FAS in monitoring government procurement procedures - however, later departments began to strive for the implementation of more complex functionality in the state procurement system in order to more effectively ensure the procurement of technically complex, knowledge-intensive, non-standard and similar products, as well as works and services. This required the use of pre-qualification mechanisms and confirmation of the ability of contractors to fulfill the order - however, the complication of the system, according to the FAS, increased the weight of non-price criteria when evaluating proposals, which means that budget savings decreased and the risk of corruption increased. The service still recalls 94-FZ as “the best procurement law.”

Disagreements on the issue of regulations for the conduct of the state and its suppliers during public procurement continued at the next stage of the reform - during the development of the law on contract system(44-FZ). Ideologically, the Ministry of Economy, which was then headed by Elvira Nabiullina, sought to ensure that Law 44-FZ regulated not only the placement of an order, but also the stages of planning and subsequent execution of the contract. At the same time, the FAS insisted on maintaining in the law the transparency of the procurement procedures themselves, which were inherent in 94-FZ. As a result, the law on the contract system was significantly broader and described the entire procurement cycle - from planning to acceptance of the results. New ways of identifying a supplier were established (two-stage tenders, tenders with limited participation, requests for proposals). Anti-dumping measures, a register of bank guarantees, life cycle contracts, and banking support for contracts have appeared.

The largest procurements became the subject of public discussion, but the FAS was still not satisfied with the transparency of government procurement procedures - and as a result, many aspects of procurement procedures were brought back to what they were originally in 94-FZ. In particular, in 2016, by government decision, the conclusion of all “uncomplicated” construction contracts was returned to the form of an auction, and for the remaining part of “complex” projects, the importance of non-price criteria was reduced from 40% to 20%.

Digital revolution

The current stage of government procurement reform should, in theory, remove the remaining contradictions in the contract system through significant progress in government informatization. The successes of the Federal Tax Service in controlling tax payments, the Ministry of Economy and the Federal Antimonopoly Service - in uniting all tenders on a single website, the Federal Treasury - in informatization of the budgetary sphere, and the Ministry of Finance - in the field of budget planning are expected to be combined within the framework of a unified information system for government orders (UIS). This will make it possible to simultaneously solve all the problems of interest to the departments involved in planning, placement, control and payment for all goods and services purchased by the state for 8 trillion rubles. per year. Workplaces in the EIS should provide the Ministry of Finance with the opportunity to plan budget expenses and assess the adequacy of suppliers' prices, the FAS should provide data on compliance with order placement procedures by both parties and on the state of competition in this area, for the Ministry of Economy the EIS is de facto a tool for monitoring the development of economic sectors and a source of data on government participation in it.

Until the spring of 2017, the Ministry of Economy was responsible for the methodological support of state orders - ideologically, this block was led by the deputy head of the department, Evgeniy Elin, who oversaw the launch of the contract system, all rule-making work, the development of requirements for the functionality of the Unified Information System, and work with customers and suppliers. However, as the ministry, the Ministry of Finance, and the FAS admit, by the end of the process the transfer of work on the Unified Information System to the Ministry of Finance and the Federal Treasury controlled by it looked increasingly justified. The remaining technical tasks, according to the head of the Treasury Roman Artyukhin, are routine for the UIS operator, and it is more convenient to solve issues of fine-tuning and methodological support in the Treasury-Ministry of Finance connection.

"Treasuries exist in every subject. They are provided with information in the most highest degree. If the treasury monitors the system, then the Federal Tax Service will have the opportunity to monitor the activities of shell companies and the facts of unpaid VAT. This is exactly how they should work within the framework of government orders,” notes the curator of the reform in the White House, First Deputy Prime Minister Igor Shuvalov. Technical support The work of the EIS was transferred to the state corporation Rostec - it was chosen as the only supplier, which the Ministry of Finance explains by the uniqueness of the task: according to the deputy head of the department, Alexei Lavrov, “the state is unlikely to order another such system.” Now the Ministry of Finance’s contract with Rostec is in the preparation stage, says Mr. Artyukhin, the corporation is “immersed in the issues.”

What to do

Rostec will have to ensure the functionality of the UIS in a rather complex configuration: the system must contain and constantly update data from a single catalog (de facto price list of all purchases), including specifications and prices of all goods and services that are of interest to the authorities. Also, the UIS will store all data on contracts - from their planning (in the ideal view of the Ministry of Finance - for a three-year period), procurement notices, supplier selection procedures (request for quotations, auction, competition, etc.), conclusion of government contracts, control their implementation and until the final recording in the system of acts of completed work or documents on deliveries and payments for them. This database should give FAS the opportunity to check the competitiveness of transactions and compliance of participants with procedures online, produce aggregated statistics on the number and cost of goods, works and services, as well as on bidders, their reputation, qualifications, etc. For the Ministry of Finance and Treasury The EIS will become a source of data on government customers, the state of budgetary settlements with them and the efficiency of treasury spending.

Moreover, the possibility of pairing the EIS with information systems The Federal Tax Service, in particular the register of legal entities and the tax payment control system, allows departments to both check the state’s private counterparties in the case of large government contracts, and “look” beyond the budgetary sphere - in particular, checking chains of subcontractors and monitoring them for the distribution of taxable profits between them , - and take this data into account when choosing suppliers for future government contracts. “The treasury and electronic platforms will be connected by such an electronic protocol that even a mouse will not have to sneak past,” says Mr. Shuvalov. “When the Unified Information System becomes operational, there will be no opaque areas left in the state order in principle,” the First Deputy Prime Minister is supported at the Treasury.

Currently, mainly peripheral issues of the work of the Unified Information System remain unresolved - for example, the theoretical dispute between departments continues about how deeply it is necessary to study the activities of state counterparties when implementing treasury support. Even the Treasury itself admits that they would like to avoid “excessive interference in private business turnover,” but they are not ready to allow a situation in which 30-50% of the cost of a government contract ends up in the chain of intermediaries. Among the types of procurement, the greatest difficulties for departments are control over the order of works and services: FAS insists on establishing quality and qualification indicators as mandatory requirements and reducing the weight of non-price criteria when evaluating proposals, while specific customers note that it is often more important for them to attract a contractor who will evaluate the work more expensive, but will do it efficiently and on time.

Also, the departments do not have unity on the issue of control over procurement by state-owned companies. The Ministry of Economy and the Ministry of Finance perceive their procurement policy as anti-competitive, but recognize that such economic agents should enjoy greater freedom in spending than managers of budget funds. The FAS is more concerned about procedural issues and expects to gradually tighten the regulation of procurement by state-owned companies, bringing it closer to the requirements of the law on the contract system. Thus, according to the deputy head of the service, Rachik Petrosyan, the FAS perceives an ideal model in which customers, under Laws 44 and 223, fill out the same forms of notifications and procedures in the Unified Information System - but at the same time, contract managers of state-owned companies can ignore the fields related to to budget constraints. In this way, contractors will not be confused by procedural features that are invented from customer to customer, but will concentrate on the proposal better conditions for the customer.

Who's to blame

The complexity of the UIS and the absence of a lead implementing agency, however, caused repeated delays and failures in work on it. Thus, at the beginning of the year, the operation of the system was de facto paralyzed. The Ministry of Economy explains this by saying that the requirement introduced into the system for the treasury to check the publication of procurement plans by customers was blocking, while there was no automated verification algorithm yet. The Treasury adds: neither did the customers understand how to work with the plans. As a result, the Treasury manually controlled the flow of new data, which regularly caused refusals to publish procurement notices. The problem was solved by relaxing controls - the Treasury says that the rate of publication of procurement notices has already been restored, and the algorithm for checking plans will be finalized and put into effect later.

Tightening control over the market behavior of joint-stock companies with state participation causes clear opposition. Thus, according to a federal official, we can now talk about “quiet creeping sabotage” that the executive and legislative branches face in this area. “Many participants in the process built their own sites, did everything as if they were following the law - but in fact, there is no competition. There are well-organized connections,” continues Kommersant’s interlocutor. “When they submit documents for participation in the tender, the machine does not read the proposals - It turns out that they are mostly sent in photographic form to the electronic platform! This is all fiction.”

At the same time, officials note that subcontractors must understand that they are subject to special control by the Treasury and the Federal Tax Service. “We can easily issue them large advances, up to 60-70%, if necessary, but each time we need to look at the movement of funds, acceptance of work, write-off of payments, although reporting on these funds can be made much easier,” says Mr. Shuvalov. “In addition “We must learn to control that the allocated funds are used to fulfill the contract. The new legislation should provide the ability to compete, which was practically not observed before.”

Give me a deadline

Already at the final stage of discussion of the reform - in April 2017 - another intrigue arose in the White House related to the timing of the launch of the system. The discussion was initiated by the head of the Federal Treasury, Roman Artyukhin, who cautiously expressed that the department considers it reasonable to postpone the final deadline for the “electrification” of all purchases by a year. For the Treasury, which acts as a settlement system for all government customers, the deadline shift is necessary to work out all the procedures that 200 thousand government customers will have to carry out on a daily basis - the industry employs about 1 million procurement specialists, and for a smooth transition to the new rules, IT systems will have to be reconfigured , and people need to be retrained. This decision was supported by President Vladimir Putin on May 4: from July 1, 2018, customers will have the right to identify suppliers electronically, and only from January 1, 2019, it will become an obligation.

When “digitalizing” procurement, the principle of “immersing” methods and functions tested in pilot projects into a “large” government procurement control system is applied - as is the case with the drug procurement control system, a number of developments of which will also be included in the Unified Information System. Also, the President has already instructed that by July 1, 2017, mandatory purchases of state-owned companies from small businesses be transferred to electronic platforms on which the state purchases (we remind you that the latter has been allocated a quota of 10-18% of such purchases). According to Igor Shuvalov, this amendment to the law on procurement of state-owned companies was supported by the government. “So that bidding for the SME quota takes place not on their corporate sites, but on federal ones. This will give a completely different, higher level of transparency,” he says.

It should be noted that, despite the transfer of authority to finalize the UIS to the Ministry of Finance and the Treasury, the White House decided to preserve the accumulated experience of the Ministry of Economy, instructing the department to complete work on problematic bills on the transfer of procurement to an electronic format (this decision was made at a meeting in the government on May 10 ). The consideration of the documents in the second reading is tentatively scheduled for the end of June. The main problem to be solved during this time will be the preparation of more than thirty by-laws and the calculation of the tariff that operators of electronic platforms will be entitled to charge for their services.