Hove is not sweeter?

The law on public procurement (94-ФЗ) is one of the most “unfriendly” laws for science. The amendments to 94-ФЗ adopted in December 2011 significantly improved the situation with the spending of grants and state contracts for the right to carry out research work. However, these amendments were adopted when the 94-FZ already, in fact, lived the last days. On May 7, a bill “On the federal contract system in the field of procurement of goods, works and services” (FCS), which should replace 94-FZ, was submitted to the Duma.

The FCS bill offers purchases on grants and state contracts not from a single supplier (as is done in accordance with the adopted amendments to 94-ФЗ), but in accordance with the Federal Law of July 18, 2011 No. 223-ФЗ “On the Procure of Products, Work, Services by Certain Types of Legal Entities”. This law allows institutions to independently develop its own procurement regulations, but also introduces serious restrictions that cannot but cause concern.

Firstly, the 223-ФЗ law introduces the stage of compulsory procurement planning. So, the customer must post on the official website a plan for the purchase of goods, works, services for a period of at least one year. Moreover, the plan for the purchase of innovative and high -tech products must be posted on the official website for a period of five to seven years. It is clear that when conducting scientific research, it is fundamentally impossible to plan purchases even for a year in advance. And after five to seven years, such innovative products will certainly appear that simply does not exist in nature-and how do you order it to plan it?

Secondly, the bill, in fact, prohibits purchases from a single supplier if the purchase amount exceeds 100 thousand rubles. In this case, Law 223-ФЗ provides for the development and publication of notification and procurement documentation. Simply put, here it is necessary to carry out full -fledged competitive procedures, i.e. What they fought throughout 2011.

Thus, in this case, we again see excess regulation, which will restrain the conduct of research work. The reason is the same: the Law of 223-FZ (as before 94-ФЗ) was not developed for research institutions and without taking into account their specifics.

Although 94-ФЗ caused numerous complaints from scientists, but after the adoption of amendments at the end of last year, allowing to carry out expenses on grants and state contracts from the only supplier, the acuteness of the problem was removed. It seems that in the bill sent to the Duma, the situation, to some extent, returns to the beginning of 2011. According to some specialists in the field of public procurement, with whom the participants in the initiative group have recently communicated, the danger is quite real. It is clear that the bill will still be improved, and the available inaccuracies are eliminated. It is very important that during the discussion of the concern of the scientific community to be brought to lawmakers.

The initiative group of young scientists has prepared a package of amendments to the bill on the FCS regarding both issues of spending funds and the rules for holding competitions. These proposals will be submitted in the near future to deputies of the State Duma.

Initiative group of young scientists