Organization of satisfaction of needsState institutions requires special attention from the state, since the budget allocated for the solution of this issue can become a subject of fraudulent schemes. To avoid corruption in this area, legislators were forced to regulate literally every step of the contract system participants in the procurement process. But, despite the efforts of legislators, participants in the contract system complain of the complexity of perceiving the law and the problems in organizing tenders.
State order until recently was regulated by 94-FZ. During the validity of this law, state purchases were made on the Internet resource zakupki.gov.ru. This law, unfortunately, did not justify the hopes placed on him. In particular, he was unable to solve the following tasks:
- Efficiency of spending budget funds-
- The possibilities for building corrupt schemes under state orders have not been eliminated.
In place of the failed law regulatingSince the beginning of 2014, a new law has come. At present, public procurement must take place in strict accordance with Federal Law No. 44-FZ of 05/04/2013.
The fundamental difference between these laws isIn the fact that the previous normative act regulated issues directly related to the process of state order placement. The new 44-FZ has a broader range of activities and is already being extended to the initial stages of public procurement - procurement planning and justification, and also demands that the effectiveness of their implementation be assessed.
Contract system according to this lawIs a set of its participants, including customers, suppliers, operators of trading platforms and specialized organizations, as well as their activities aimed at meeting state needs.
In accordance with the new law regulatingTenders, work to ensure the needs of budgetary institutions begins with the planning of public procurement. Customers must draw up a procurement plan for 3 years, and also draw up a procurement schedule every year. The norms of the law providing for the planning of state orders will come into force only from 01.01.2015. All information about public procurement should be placed in a single information system, but it has not yet earned. Meanwhile, the participants of the contract system are still working on the site zakupki.gov.ru. The contractual system also presupposes the rationale for procurement. The customer is obliged to substantiate:
- The object of procurement (goods, services or work to be procured) -
- The initial price of the contract, if it is a competitive method for determining the supplier, or the price of the contract, when it is concluded with a single supplier-
- Method of determining the supplier. This duty for participants of the contract system will arise only from 01/01/2015.
The range of ways to identify a supplier is significantExpanded. Added competitive procedures, such as a competition with limited participation, a two-stage tender, a closed two-stage tender, etc. The auctions are held only in electronic form.
The tenders will be evaluated in terms of:
- Realization of the objectives of state orders-
- Validity of procurement-
- The need to amend the normative acts that govern the contract system.
The results of this monitoring will beIn the EIS. State authorities and municipal authorities will monitor public procurement through both scheduled and unscheduled inspections. They will check both customers and suppliers, as well as other participants in the contract system that are involved in the tenders.
The experts' opinion on the new lawDiverge. Some believe that its adoption was a necessity to establish order in the sphere of holding state tenders. Others believe that the adopted law is just an unsuccessful attempt to imitate the Western system of state orders. On whose side the truth will be able to show only time, as a number of provisions of the new law will enter only in the near future (2015-2017). In addition, it is necessary to adopt a large number of by-laws to make the 44-FZ fully operational.