Standardization and rationing of purchases are priority areas development of the contract system in Moscow.
Moscow became the leader of the National Procurement Transparency Rating based on the results of 2017. The capital has held the first place since 2012.
According to the Deputy Mayor of Moscow for economic policy and property and land relations, a high result became possible thanks to systematic work in the field of contractual relations.
“Standardization and rationing of purchases have become priority areas for the development of the contract system in Moscow. Standardized documentation allows achieving maximum transparency of trading, reducing corruption risks, and avoiding excessive “creativity” in terms of reference. This increases competition at the auction, which affects the reduction of the initial maximum prices,” Natalya Sergunina emphasized. The vice-mayor added that this work will be continued next year.
The second and third places in the National Procurement Transparency Rating were retained by Tatarstan and the Tambov Region. Rounding out the top five are Bashkortostan and the Smolensk region. The top 10 also includes the Samara, Arkhangelsk and Lipetsk regions, Yakutia and Sevastopol. Among the outsiders are Chukotka, Kalmykia, Karachay-Cherkessia, Kostroma, Belgorod and Volgograd regions.
Viktor Symonenko, chairman of the organizing committee of the National Procurement Transparency Rating, said that transparency in the public and municipal procurement sector has increased in the past year. “Compared to 2016, the number of electronic auctions has significantly increased. Now this figure is 70 percent of the total number of procurement procedures, and electronic auctions are the most competitive method of procurement under 44-FZ,” he said. According to Viktor Symonenko, the growth in the volume of electronic auctions has led to a decrease in the index of monetary losses of the state in the face of low competition.
How the ranking was made
The National Procurement Transparency Rating is divided into five sections based on the type of order placement: government customers at the federal, regional and municipal levels (whose work is regulated by Federal Law No. 44-FZ), organizations operating under Federal Law No. 223-FZ, and commercial companies.
In each section, the rating of customers is determined by five levels of transparency: guaranteed, high, medium, basic and low. The levels of guaranteed and high transparency form the area of positive assessments, the levels of basic and low - the area of negative assessments. The source of information for the study is a unified information system in the field of procurement, official websites of customers and questionnaires filled out directly by participants.
Among state and municipal customers there are 69 largest state purchasers of the federal level, 85 constituent entities of the Russian Federation, 85 largest municipalities. Among corporate buyers there are 70 customers working under No. 223-FZ, and 113 commercial customers acting in accordance with their own regulations.
Rounding out the top five are Bashkiria and the Smolensk region. The top 10 in terms of transparency also includes the Samara, Arkhangelsk and Lipetsk regions, Yakutia and Sevastopol. Tenders there are mostly held honestly and openly - several suppliers, all the conditions of the auction are known, and so on. Outsiders are Chukotka, Kalmykia, Karachay-Cherkessia, Kostroma, Belgorod and Volgograd regions. The rating covers the second half of 2016 and the first half of 2017, about 3 million purchases were analyzed.
In terms of volume, regional purchases accounted for 63 percent of this huge government procurement market. In just six months of this year, the volume of contracts concluded (according to Law No. 44-FZ) amounted to 2.27 trillion rubles. According to the Ministry of Finance, the budget on the competition of suppliers saved about 160 billion rubles, but this is almost a third less than the same period last year.
In general, regional purchases leave much to be desired. Only 34 percent of them have high transparency, while 30 percent fell into the negative area, and 36 percent - into the neutral area. These figures are improving from year to year, but slowly, and not everything depends on customers, as the legislative environment often changes, says Viktor Symonenko, chairman of the organizing committee of the transparency rating.
“Every year, more and more new tasks are set for customers, and what was the best practice yesterday requires adjustments over time. Thus, it is not necessary to speak unambiguously about a clear movement in the transparency trend. We can talk about a constantly changing public procurement market,” he said. Simonenko.
Almost the same results are shown by the segment of municipal buyers (almost 8 percent of the volume of purchases). Here, the share of participants in the positive range is 34 percent (plus 4 percent per year), in the negative - 32.
Vladivostok, Surgut, Khabarovsk, Petropavlovsk-Kamchatsky, Nalchik, Perm, Krasnodar, Stavropol, Yuzhno-Sakhalinsk and Kursk are in the lead. The worst results were shown by Makhachkala, Elista, Nazran, Gorno-Altaisk, Anadyr, Cherkessk, Orenburg, Veliky Novgorod, Saransk and Kaliningrad. Here the purchases are the most closed.
The federal segment (almost 28 percent of the market) showed the best results. In it, the share of participants with a high level of transparency tends to 40 percent, while the share of low transparency accounts for only 10 percent. According to the General Director of the Unified Electronic Trading Platform Anton Yemelyanov, the transparency of procurement of state customers has grown in recent years, and compared to what it was in this area 10 or more years ago, it has improved dramatically. This was achieved thanks to bidding on open electronic platforms, they provide an opportunity to analyze and determine the effectiveness of procurement. Law N 44-FZ brought all state customers to a single procedure for conducting tenders without taking into account "local" specifics, and the requirements for submitted documents are now uniform. "This has significantly reduced cases of refusals to participate in tenders for formal reasons, for example, due to incorrectly executed documents," says Valentin Ostrovsky, director of strategic projects at CAF Group.
In addition, the role of purchasing from a single supplier has changed. Previously, their share was steadily growing, and according to current estimates, it has more than halved, Symonenko noted. However, problems in holding fair and open tenders remained.
"There were complaints about the so-called delay in the display of submitted applications, non-compliance with the online trading mode. It happens that a company submits an application at the very last moment and wins the tender, but its application is not displayed on the electronic trading portal and competitors recognize about this after the announcement of the results of the tender," emphasizes Alexander Khuruji, human rights activist, public commissioner for the rights of entrepreneurs.
Another problem is the increased frequency of inspections of companies that have won tenders by law enforcement and supervisory authorities. "This carries the risk of failure to meet deadlines and a corruption component," Khuruji continues. "The problem of decent representation in competitions of small enterprises that are not able to provide the necessary financial indicators for participation in tenders has not been resolved." In addition, amendments were adopted on the complete transfer of all purchases to electronic form.
Infographics "RG" / Leonid Kuleshov / Elena Berezina
Photo: Press Service of the Mayor and Government of Moscow, Denis Grishkin
In 2016, Moscow's customers held auctions worth 1.45 trillion rubles. Direct savings only within the framework of the 44th federal law amounted to almost 37 billion rubles.
At the end of 2016, for the fifth year in a row, Moscow topped the National Procurement Transparency Rating among the subjects of the Russian Federation, formed by the National Association of Electronic Commerce Participants. The head of the city reported about this at a meeting of the Presidium of the capital's Government.
The highest rating group (“guaranteed transparency”) also includes the republics of Tatarstan, Bashkortostan, Sakha (Yakutia), Tambov, Samara, Arkhangelsk regions and Khabarovsk Territory. Information about this is published on the website of the National Procurement Transparency Rating project.
According to the results of surveys of entrepreneurs participating in Moscow city procurement, the World Bank assessed Russia as part of the Comparison of Public Procurement Systems project, which is part of the Doing Business rating. As a result, our country is recognized as one of the leaders along with the United States, Germany and Singapore.
Moscow purchases are also absent from the All-Russian Popular Front (ONF) “Prodigality Index”, which monitors excess purchases of luxury goods. This is especially important, since the capital's customers make almost every fifth purchase among the constituent entities of the Russian Federation. According to Gennady Degtev, this requires additional efforts to form and create a system for managing the city order.
The capital is the leader in saving budgetary funds during the auction. “So, using the results of procurement under the 44th federal law as an example, Moscow secured the title of absolute leader in saving budget funds during tenders, the savings amounted to almost 37 billion rubles,” Gennady Degtev emphasized.
Main tools for ensuring the efficiency of the Moscow public procurement system
The effectiveness of the procurement system was ensured by:
— standardization of procurement documentation;
— a multi-level system for coordinating the feasibility of procurement and checking the validity of initial prices (price expertise);
- setting maximum (marginal) prices;
- centralization of purchases, holding joint tenders for the needs of several executive authorities in order to achieve optimal prices;
- planning and conducting procurement by contract services of the main budget funds managers (GRBS), refusing the services of professional intermediaries (specialized organizations);
— development of a special supplier portal (online store) for small-volume purchases.
“The dynamics of the main indicators of the complexes of transport, economic policy, regional security, as well as authorities that are not part of the urban management complex, are generally positive. The number of applications from participants per lot consistently exceeds four participants, the price reduction at the start is at the level of 10 percent,” explained Gennady Degtev.
In 2016, the customers of the city of Moscow, within the framework of federal laws No. 44-FZ (purchases of government bodies) and 223-FZ (purchases of organizations with state participation), conducted auctions in the amount of 1.45 trillion rubles. Direct savings due to lower initial prices at auctions held under Law No. 44-FZ amounted to 36.9 billion rubles.
Key areas for improving the efficiency of procurement procedures
1. Expansion of the scope of conducting a preliminary examination of the validity of the initial maximum contract prices (IMCC). The minimum threshold for the value of the contract, at which the examination is mandatory, was reduced from 50 to 10 million rubles. The examination is carried out by independent expert organizations and the city institution "State Agency for Investment Management".
“A green corridor rule has been introduced, according to which, when purchases are formed in the city information system on the basis of standardized documentation and at standard prices, they may not undergo such an examination again,” added Gennady Degtev.
2. Further standardization of regular standard purchases of customers, which provides for the automated generation of procurement documentation, terms of reference and draft contracts based on standard templates. In standardized procurement, standard criteria for evaluating applications and requirements for product quality, as well as uniform marginal prices, are used.
44 sets of standardized documentation have been approved, including for car rental, disinfection, security, and catering in schools. “As a result, we see a very good effect both in developing competition and in terms of price indicators, in reducing them,” said the head of the Department. It is planned to approve another 150 sets of documentation, which will increase the share of standardized purchases to 50 percent.
3. Development of the "Trading Exchange" at VDNKh - a platform for direct dialogue with potential suppliers to clarify procurement requirements and disseminate information about upcoming auctions.
In 2016, over 500 presentations (road shows) of upcoming purchases with an initial price of 500 million rubles and more were held at the Exchange of Trades.
The largest event was the presentation of the upcoming three-year contract for the purchase of products for dairy kitchens. Nine potential suppliers participated in the discussion.
As a result, six contracts with a starting price of 16.5 billion rubles were canceled with a price reduction of 30 percent to 11.6 billion rubles. The savings amounted to 4.9 billion rubles.
4. Expansion of the practice of invitations to participate in tenders using the Mosrobot system. On the day of publication of bidding notices, they are automatically sent to manufacturers who previously entered into contracts with the city for the supply of similar products.
Public discussion of purchases and feedback from suppliers are carried out through the portal of Moscow suppliers zakupki.site. The main attention is paid to identifying excessive requirements for purchased products, preventing unrealistic deadlines for order fulfillment and purchasing products of increased comfort.
5. Expansion of small business access to the city order. Compared to 2015, in 2016 the volume of purchases from small businesses increased by 77 percent - from 108.3 billion rubles to 192 billion.
The share of small businesses among suppliers is growing due to the provision of access to procurement of organizations with state participation (corporate procurement), which previously did not work with small businesses.
Sergei Sobyanin instructed to actively attract potential suppliers to city competitions. “It is necessary to invite not only those manufacturers who have previously concluded contracts, but also potential participants, those who have their own production, resources and work in the country's market and international markets,” he said.
6. Strengthening additional control at the stage of work acceptance. Comments were found in 400 of the 2.6 thousand contracts that were checked. Full payment will be made after they are eliminated.
Examples of effective procurement
In the field of education
Bidding for the supply of computer equipment to schools with a starting price of 5.1 billion rubles went down by 37 percent.
For example, the purchase of LCD panels "Samsung" will be carried out at a price of 430 thousand rubles per piece at a market price of 800 thousand.
In healthcare
Joint bidding of hospitals for the purchase of services for washing and disinfecting linen with a replacement fund was held. The starting price of 1.9 billion rubles was reduced by 51 million rubles. And thanks to the combination of laundry and linen rental in one lot, a mechanism for a smooth transition from the purchase to the rental of soft inventory appeared.
Workplaces of doctors were equipped with computer equipment. At the same time, at the auction, the starting price of 2.2 billion rubles was reduced by 45 percent, that is, the savings amounted to one billion rubles.
The Moscow government also instructed to prepare proposals to improve the practice of purchasing medicines, including changing the procedure for determining starting (maximum) prices and expanding the range of potential suppliers.
06 .12.2018
The rating has been compiled by an independent research center since 2006. They analyze data from the EIS, customers' websites and information that customers themselves provided to experts. The winners are then awarded statuettes, and the results are sent to the relevant departments so that they think and draw conclusions.
State purchasers
Opaque
Rosalkogolregulirovanie
Ministry of Energy
Rosavtodor
Rosrybolovstvo
Opaque, but slightly better
Federal Treasury
Roshydromet
Rosstandart
Transparent
Rosprint
Rostourism
State courier service
Territorially
Opaque
Magadan Region
Republic of Kalmykia
Nenets Autonomous District
Chukotka
The Republic of Dagestan
Karachay-Cherkessia
Transparent
Khanty-Mansi Autonomous Okrug
Republic of Tatarstan
Government corporate customers
Opaque
Tactical missile weapons
Kazan airport
Opaque, but slightly better
Aeroflot
Rosselkhozbank
Transparent
RusHydro
Unitary enterprises
Opaque
State farm Roshinsky from Bashkiria
Izhvodokanal
Moscow subway
Transparent
Mosgortrans
Petersburg Metro
Krymenergo
RBC journalists were asked to comment on the situation of rating outsiders. The participants answered that they did everything in accordance with the law. For example, the Ministry of Energy noted the need for a more professional approach to assessing the transparency of procurement. Rosavtodor is purchased in strict accordance with the legislation of the Russian Federation, which does not imply any rating system.
Aeroflot also noted the unprofessional rating. It does not take into account the specifics of the procurement activities of industries, which leads to a direct distortion of information.
Oksana Balandina, chief editor of the State Order System— In 2017, the company signed a major contract for the purchase of a batch of domestic aircraft. This is a colossal deal for a huge amount, naturally non-competitive, because the manufacturer is the only source. The deal was concluded for 18 years, but the rating methodology does not take this factor into account either. As a result, they compared competitive purchases for a year with a non-competitive procedure for 18 years and got a completely distorted picture, - comments at Aeroflot.
From July 1, 2018 to January 1, 2019, customers have a transition period - it is allowed to carry out both electronic and paper procedures. From 2019, competitions, auctions, quotes and requests for proposals on paper will be prohibited, with eight exceptions.
Read what purchases to make on the ETP, how to choose a site and get an electronic signature, what are the rules for concluding contracts during the transition period and after.
Principles of openness and transparency
According to Part 1 of Art. 7 of the Law on the contract system in the Russian Federation provides free and free access to information about the contract system in the field of procurement.
It should be noted that by virtue of paragraph 1 of Art. 3 of the Law on the contract system, the contract system in the field of procurement is a set of participants in the contract system in the field of procurement (the federal executive body for regulating the contract system in the field of procurement, the executive authorities of the constituent entities of the Russian Federation for regulating the contract system in the field of procurement, other federal executive bodies , public authorities of the constituent entities of the Russian Federation, local authorities authorized to carry out legal regulation and control in the field of procurement, the State Atomic Energy Corporation "Rosatom", customers, procurement participants, including those recognized as suppliers (contractors, performers), authorized bodies, authorized institutions, specialized organizations, operators of electronic platforms) and carried out by them, including using a unified information system in the field of procurement (except for cases when the use of such a unified information system is not provided enno Law on the contract system), in accordance with the legislation of the Russian Federation and other regulatory legal acts on the contract system in the field of procurement of actions aimed at meeting state and municipal needs.
In turn, based on Part 2 of Art. 7 of the Law on the contract system openness and transparency of the information specified in Part 1 of Art. 7 of the Law on the contract system are provided, in particular, by placing it in a single information system.
As established in paragraph 9 of Art. 3 of the Law on the contract system, a unified information system is a set of information specified in Part 3 of Art. 4 of the Law on the contract system and contained in databases, information technologies and technical means that ensure the formation, processing, storage of such information, as well as its provision using the official website of the unified information system in the information and telecommunication network "Internet" (hereinafter referred to as the Official Website ).
It should be noted that in accordance with Part 3 of Art. 4 of the Law on the contract system, a unified information system contains:
3. information on the implementation of procurement plans and schedules (will come into force on January 1, 2017);
4. information on the conditions, prohibitions and restrictions on the admission of goods originating from a foreign state or a group of foreign states, works, services, respectively, performed, provided by foreign persons, a list of foreign states, groups of foreign states with which the Russian Federation has concluded international treaties on mutual application of national treatment in procurement, as well as the conditions for the application of such national treatment;
5. information on procurement, provided for by the Law on the contract system, on the execution of contracts;
6. register of contracts concluded by customers;
7. register of unscrupulous suppliers (contractors, performers);
8. library of standard contracts, standard conditions of contracts;
9. register of bank guarantees;
10. register of complaints, scheduled and unscheduled inspections, their results and orders issued;
11. list of international financial institutions created in accordance with international treaties to which the the Russian Federation, as well as international financial organizations with which the Russian Federation has concluded international agreements;
12. results of procurement monitoring, audit in the field of procurement, as well as control in the field of procurement;
13. customer reports provided for by the Contract System Law;
14. catalogs of goods, works, services to meet state and municipal needs;
15. normative legal acts regulating the relations specified in Part 1 of Art. 1 of the Law on the contract system;
16. information on the prices of goods, works, services that are being purchased on the commodity markets to meet state and municipal needs, as well as on those placed by customers in accordance with Part 5 of Art. 22 of the Law on the contract system of requests for prices of goods, works, services (will enter into force on January 1, 2016);
17. other information and documents, the placement of which in a single information system is provided for by the Law on the contract system, Law No. 223-FZ and other regulatory legal acts adopted in accordance with them.
In continuation of the analysis of the principles of openness and transparency, it should be emphasized.
By virtue of h. 4 Article. 4 of the Law on the contract system, the information contained in the unified information system is publicly available and is provided free of charge. Information constituting a state secret is not placed in the unified information system.
In accordance with Part 5 of Art. 112 of the Law on the contract system, prior to the commissioning of a unified information system, information to be placed in it is posted in the manner established by the Government of the Russian Federation on the official website
Thus, based on Part 4 of Art. 4, part 2, art. 7, part 5 of Art. 112 of the Law on the contract system, no fee is charged for providing access to information posted on the official website.
However, based on part 3 of Art. Art. 7 of the Law on the contract system, the information provided for by the Law on the contract system and placed in a single information system must be complete and reliable.
It should be noted that the commission of the Department of the Federal Antimonopoly Service for the Kaliningrad region for control in the field of procurement (Decision of the Kaliningrad OFAS Russia dated November 5, 2014 No. KS-336/2014) believes that the completeness and reliability of information on an open tender is ensured by the availability of tender documentation, provided for in Art. 50 of the Law on the contract system.
In the decision of the Altai OFAS Russia dated September 4, 2014 in case No. 65-K / 14, the Procurement Control Commission of the Federal Antimonopoly Service for the Republic of Altai concluded that the administration of MO "O" in violation of Part 3 of Art. . 7 of the Law on the contract system establishes conflicting information regarding the initial (maximum) price of the contract. This conclusion is due to the fact that, according to the notice of an electronic auction for the reconstruction of "E" in the village. Elo Ongudaysky district (with seismic reinforcement of load-bearing structures) No. 0377300021714000018 the initial (maximum) price of the contract is 41,547,420.0 rubles, however, in paragraph 4.5 of the Information Card of the documentation, the price is indicated 41,547,420 (forty-one million five hundred forty-seven thousand four hundred and twenty rubles 00 kopecks).
A similar conclusion is contained in the decision of the OFAS on Altai Territory dated May 16, 2014 in case No. 214/14, in which it was noted that, according to section 3 of the electronic auction documentation, the rationale for the initial maximum contract price was determined by the customer in accordance with the Project Documentation, which is in the additionally attached files "Estimate Documentation", "PDD part 1", "PSD part 2", "PSD part 3" and "PSD part 4" on the official website www.zakupki.gov.ru. At the same time, the construction cost estimate includes such works as design and survey work, and it is also indicated that the cost of the summary construction estimate is RUB 19,573,430.00, which does not correspond to the initial (maximum) contract price indicated in the auction documentation, which is 19,502,200.00 rubles. Consequently, the construction cost estimate cannot be regarded as a justification for the initial maximum contract price, since the cost of the work and the work itself differ from the subject of the contract. Thus, the Procurement Control Commission of the Federal Antimonopoly Service for the Altai Territory concluded that the customer's actions violated the provisions of Part 3 of Art. 7 of the Law on the contract system.
It is also worth noting that according to Art. 2.4 of the Code of Administrative Offenses, an official is subject to administrative liability in the event that he commits an administrative offense in connection with the failure to perform or improper performance of his official duties. Persons exercising the functions of a member of the commission for the procurement of goods, works, services to meet state and municipal needs, contract managers, a contract service worker who have committed administrative offenses under Art. 7.29 - 7.32, part 7, 7.1 art. 19.5, Art. 19.7.2 of the Code of Administrative Offenses, bear administrative responsibility as officials.
So, for example, in accordance with Part 3 of Art. 7.30 of the Code of Administrative Offenses, non-placement by an official of a customer, an official of an authorized body, an official of an authorized institution, a specialized organization in a unified information system in the field of procurement of information and documents, the placement of which is provided for in accordance with the legislation of the Russian Federation on the contract system in the field of procurement, shall entail the imposition of an administrative fine on officials in the amount of 50 thousand rubles; on the legal entities- 500 thousand rubles.
The questionnaire is filled in according to Law No. 44-FZ. The questionnaire indicates:
1. Quantitative characteristics of methods for determining suppliers (contractors, performers), procurement from a single supplier (contractor, performer)
2. Quantitative characteristics of participants in the procurement of goods, works, services to meet state or municipal needs
3. Cost characteristics of methods for determining suppliers (contractors, performers), purchases from a single supplier (contractor, performer), thousand rubles.
