We came down from scratch

Formally, having fulfilled the order of the President, the FAS and the Ministry of Economic Development instead of the reform of public procurement, several technical amendments were made to the Duma

On April 6, the State Duma in the first reading considered amendments to the federal law on public procurement, approved by the government at the end of March. Only those innovations that do not cause disagreement ...

On April 6, the State Duma in the first reading considered amendments to the federal law on public procurement, approved by the government at the end of March. Only those innovations that did not cause disagreements between the Ministry of Economy and the FAS - departments that prepared two alternative concepts of public procurement reforms have not been included in the bill transferred to parliamentarians.

Such amendments, even if you take into account the intransigence of the positions of relevant departments (that both sides of the conflict are actively denied), it turned out very little: 1) the justification of the initial (maximum) price of the contract; 2) tightening the requirements for the guarantee and ensuring the execution of contracts; 3) the provision of the right to establish the features of the placement of a particular order and put forward oncoming requirements within the framework of offset transactions (that is, such when, when purchasing imported products, an essential condition for the transaction is to set counter requirements for the investment of part of the funds from the amount of the Contractor country.-Z.B.).

The bill, despite the indisputable need for measures prescribed in it, does not cause anything but disappointment. The discussion of the reform of the state order, which were not only drawn up by the mayor and the FAS, but also the Accounts Chamber (on the side of the Ministry of Economy), the Ministry of Finance (on the side of the antimonopolists), Rosstat (as a department, whose efficiency was once again questioned), customers, suppliers and the scientific community and even the blogosphere, did not lose the last month.

Well, what about it? We get the long -awaited document, open, read and understand that those nine pages that the government transferred to the State Duma do not solve neither urgent practical or strategic problems.

Ekaterina Lezina, head of the executive committee of the partnership of the State order professionals, is sure that the justification of the initial or maximum contract price is the most significant measure that fell into this bill. The goal is to suppress the installation of an overpriced purchase by the customer and thus achieve some savings in budget funds. The justification, in accordance with the bill, may serve as state statistical reporting data, the register of state and municipal contracts, information on manufacturers, market research and even their own customer calculations. “However, this does not solve all problems with the initial price,” adds Lezina. “There are situations when it is impossible to calculate the price, for example, in the case of research and design work, in a market method that is proposed in the document.”

Another innovation is the government pre -qualification. In relation to a specific order for the supply of goods or the provision of services for federal needs, the government will be able to establish special conditions for placing an order. Some procedural restrictions are provided. The Special Scope project, which is agreed with the FAS, the Ministry of Finance and the Ministry of Economy, including the subject of real need for the application of special conditions, makes an interested department for consideration, and the decision on approval is adopted by order or decree of the government.

“The provision of the government to establish special conditions for placing an order in the case of offset transactions is a long -navigated measure, taking into account the capacity of the Russian market. If this initiative is implemented, new foreign technologies will begin to get to us and modern equipment will be produced in the country. There is nothing shameful: Japan, when it was revived as a developed industrial country, also took technology from the outside, ”explains Ekaterina Lezina.

However, a large number of important measures did not get into the bill. “A register of unscrupulous guarantors, for example. The number of scammers in the guarantee market increased incredibly, this discredits the system of ensuring the execution of contracts. Or the absence of the urgent (non-judicial) termination of the contract, which interferes with the effective implementation of the current 94th law as a whole. In addition, the abolition of such a type of bidding as a request for quotes did not fall into the project - an extremely corruption procedure, which all customers agree with, and many constituent entities of the Federation completely abandoned this procedure at the level of regulatory documents, ”adds Lezina. - In general, the project turned out to be kutsy. It is unfortunate that two such powerful regulators in the field of placement of state orders for other positions have not yet been able to agree. ”

During the period of nomination of the concepts of the reform of the state order, when the FAS proposed introducing numerous changes to the current law, and the mayor and personally Minister of Economic Development Elvir Nabiullin insisted on the abolition of 94-ФЗ and the creation of the federal contract system from zero, the positions of regulators were inconsistent. This continued until March 23, until Deputy Prime Minister Igor Shuvalov realized that in accordance with the instruction of President Dmitry Medvedev, the reform should be agreed and presented until April 1.

As a result, the bill, the only purpose of which is the formal execution of the president’s order, fell into the State Duma. And the Ministry of Economy, meanwhile, continues to prepare “specific amendments”: according to the “new”, there are 6 bills in the work and their discussion is already underway - for now, only by the expert community.

From the first person

Head of the Department for Control of the Placement of the State Order FAS Mikhail Evraev:

- Amendments to the Federal Law on public procurement, considered on Wednesday in the first reading, were trained by the FAS specialists, the Ministry of Economic Development and the Ministry of Health and Social Development. The main measures introduced by these amendments are the need to justify the initial price of the contract and tightening the requirements to ensure the contract and provide guarantees by the supplier and the customer.

This bill did not get requirements to limit the purchase of luxury items.

The next step in the reform of the state order will be the improvement of competitions for R & D ( research and development work.-Z.B. ).

Meanwhile

At the end of March, a basic bill was submitted to the State Duma, designed to put things in order in the field of procurement of state corporations and natural monopolies. The document announces publicity to the main tool for the fight against corruption in this area.

According to the FAS, information on the placement of orders with such companies is currently practically absent, and purchases are absolutely opaque and socially uncontrolled, despite the fact that the state of the state in state corporations and part of natural monopolies is very high.

If the bill is adopted, companies will be obliged to publish information about tenders over 100 thousand rubles on one of the official sites at least 20 days before the start of trading. At the same time, the government will have the right to determine specific purchases, information about which will not be openly published. The bill also does not establish a single procurement procedure.

Formally, the authors of the bill are the head of the Committee on Construction and Land Relations Martin Shakkum, who is also responsible for amendments to the law on public procurement, and the first deputy chairman of the State Duma Committee on Industry Valery Draganov, but there is every reason to believe that the document was developed in the government.