Anatomy of public procurement legislation
Gradually, in the dirty cellars of the brain begins to structure information on public procurement and the famous 94 FZ. I had the opportunity to work on the part of the customer and on the part of the contractor, and also to study the experience of organizing the interaction of the state and business in the USA
The section on the brief history of the current article will tell you when the law on public procurement was passed and what was connected with its adoption.
The process of purchasing a batch of 100 laptops will be described in the section on a typical government procurement process, the procurement procedure will be described, and some problems that may arise are described.
In the section on procurement within the framework of a complex project, the process of procurement of expensive medical equipment will be described - magnetic resonance imaging, preparation of the project and facilities for equipment, as well as problems that often arise in such complex projects, but which do not take into account public procurement legislation.
Small considerations will be given to improve legislation in the field of public procurement, which stem from current problems and foreign experience.
Some legal ways to circumvent the current government procurement law will be described and some useful references are given in the conclusion of this article.
Nervous ask not to watch.
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Since January 1, 2006, Federal Law No. 94-FZ of July 21, 2005 “On Placing Orders for Goods, Works, and Services for State and Municipal Needs” came into force.
If you don’t go into details, until 2006 there was a pattern similar to the following: there were annual budgets of state institutions (municipalities of various sizes and state-owned enterprises), there were needs for the procurement of goods and services. Contracts were concluded with any legal entities without any restrictions on the supply of products (goods) and the provision of services.
Slowly, such a scheme began to turn into feeders for particularly close. Those who were associated with the leadership of municipalities or state-owned enterprises simply created pocket legal entities and concluded agreements with them, while such legal entities were pure intermediaries, and the amount of the margin depended on Random (mood, season, phases of the moon and sun). Estimates were made that showed that without price restrictions from above, you could splurge on office supplies.
Next came 94 FZ. I don’t know the authors of the law (and somehow it’s not customary to specify the authors of the laws), but the law really helped to save impressive sums at the expense of bidding and admission of virtually everyone who wanted to participate in the bidding.
If it is thesis, then the law obliges all municipalities and state-owned enterprises to perform the following actions when conducting procurement:
1. To write requirements (technical specifications) for products and services;
2. Make a request for commercial offers with prices from at least 3 different suppliers of products and / or services to determine the upper price limit;
3. Place all the necessary documentation (terms of reference, government contract template, requirements for suppliers) in the public domain on the well-known site;
4. Play auctions for lowering the value of a government contract and allow everyone to participate.
5. Enter into a state contract with the supplier who agrees to provide the requirements at the lowest price.
There are still many nuances that regulate the provision of guarantees, prepayment, the signing of acts of acceptance and transfer (work performed), the final payment and appeal procedures.
There was a division at the price of the contract: if up to 100,000 rubles, then you can not write TK, but enter into contracts directly, but this was imposed on the number of such contracts for items of expenditure of the Treasury in a quarter.
It is more interesting to describe the process of a typical purchase costing more than half a million rubles. If, for example, for a municipality it is necessary to purchase laptops for 100 teachers (an urban type settlement), then the procedure will be approximately as follows:
1. Written technical specifications for the supply of equipment (requirements for laptops), which describes in detail the technical characteristics (type and frequency of the processor, amount of memory, type of disks, type of memory, color and material of the case, screen diagonal and temperature fluctuations of the processor at 100% load at an altitude of 2000 meters above sea level with a humidity of 98.9%).
2. Further 3+ sellers are requested. What will be the price of a single laptop with such characteristics delivered to the municipality’s warehouse? Let us assume that we get a price spread of 20 thousand rubles, 21 thousand rubles and 22 thousand rubles.
3. All auction documentation (requirements, government contract template, etc.) is posted on the public procurement website. At the same time, the initial maximum price of the state contract is indicated 2 million rubles (20 thousand rubles multiplied by 100 laptops).
4. Approximately 1.5-2 months are bidding (everyone who wants to send offers in the form of a description of the technical characteristics of their product with prices, offers are considered and the one who offered the lowest price for all equipment along with the delivery wins). Another 2 weeks is given for appeal. On average, it takes 2 months. Let the company shrank by 10% for the price and won the delivery for 1.8 million rubles, and the competitors did not appeal anything.
5. A government contract for the supply of 100 laptops for 1.8 million rubles is concluded with the winning supplier, a prepayment is transferred and the goods are waiting. The goods arrive at the municipal warehouse (4-8 weeks for unique models and 3-5 days if the goods were in stock within a radius of 100 km from the urban settlement), the goods are checked (if the goods, all the technical characteristics are the same, whether there are damages) and if everything is good, then the acceptance certificate is signed, after which the remaining amount under the state contract is transferred.
Everything is good and good, we have bought 100 laptops for teachers in PGT for 1.8 million rubles in 3 months (on average, and this is what it turns out), saving the state from 200 to 400 thousand rubles (we asked for the prices of 20, 21 and 22 laptops thousand rubles, respectively). It seems everything is logical and open and there is no corruption component. If, for example, to initiate the procedure in May, then by the end of August - the beginning of the school year, teachers in schools will have laptops, it will be possible to keep electronic journals and set homework in electronic diaries.
But the devil is in the details. Suppose a municipality specialist who selected a laptop configuration chose a configuration without an operating system and office software (out of habit), since such a laptop cost 5000 rubles cheaper.
All other specialists of the municipality worked quickly. A year before, they planned the budget, at the end of spring money came from the federal budget to the municipal budget, in May they wrote TZ, asked prices from suppliers, launched all documents to the public procurement website, won a large honest company, which had the necessary number of necessary laptops in stock in the regional (regional) center 200 km from the settlement, and the delivery of laptops was completed until the end of August. On September 1, the teachers congratulated the new year (school) and solemnly handed over new laptops in boxes wrapped in bows. The teachers came home, opened the boxes, turned on the laptops and found that there was no operating system on the laptops ...
There are options (download and install Linux, put a pirated OS and office software, buy software, do nothing). The most frequent option is “do nothing”, the most recommended at the first stage is “download and install Linux” (to work on hardware while working on other options), the most dangerous one is “to install a pirated OS and office programs”, the most correct - purchase software!
After all, we sort of saved 200-400 thousand rubles and, in theory, it is possible to purchase this money within the budget of this year without software trading with contracts of 100 thousand rubles each ... It would be logical, but there is a law besides logic! sic
The law dictates the following conditions:
1. One contract to 100 thousand. rub. quarterly on one of the items of expenditure;
2. Equipment supply and transfer of non-exclusive rights to use software are different items of expenses, respectively, if we have 400 thousand rubles. on the article "equipment supply" and is 100 thousand rubles. on the article "services for the transfer of rights to software", then we can not throw 400 thousand rubles. to 100 thousand rubles. and buy for 500 thousand rubles. BY. The maximum that we can in this fiscal year is to buy equipment for 400 thousand rubles, including in it requirements for selling 100 sets of software licenses + for 100 thousand rubles. buy a license under the contract in the last quarter (non-exclusive rights to use the software). And if we can save 18% of the cost of services for the transfer of rights, without paying VAT, then we will pay for the equipment when purchasing equipment together with software, because our equipment comes with software. Well, sometimes such masterpieces come out, such as the delivery of 100 512 MB flash cards with licensed software distributions :).
3. All these dances with tambourines must be made before December 25 of the current year, since The fiscal year also ends at the end of December and the money not spent by the municipality this year goes back to the federal budget and funding is cut back on the unspent balance in the next year if no active actions are taken.
Such nuances arise in the simplest cases of purchasing small quantities of goods. But the example with laptops is indicative of the fact that complex goods or services are not always better to buy at the lowest price. Our example was ideal in terms of the fact that we make the assumption that other specialists of the municipality did not make mistakes and played in the auction honest firms that value their reputation. Usually, the municipalities do not spend money until recently. they need to ensure payment of utility bills, fuel, office supplies, etc. If at the end of September it is clear that money remains on expenditure items, then a feverish waste of this money begins, so that next year funding will not be cut. And it turns out a stalemate situation, when in mid-December a state contract for the supply of equipment is concluded, the equipment will go 4-8 weeks, and the acceptance certificate must be signed no later than December 25 to transfer money this fiscal year ... If the company is honest and values ​​its reputation, then it will work to the end honestly, and deliver the goods in the best possible way. If this is Horns & Hufs LLC, created for one single transaction, then, most likely, after signing the act of acceptance and transfer and transfer of money to the accounts of this company about laptops, you can forget ... According to the court, the maximum that can be achieved is landing a drunkard the chairman of this LLC and compensation of no more than 10 thousand rubles ... At the same time, teachers will be at least a year without laptops, and everyone on the Internet will talk about corruption and kickbacks.
Above was a brief description of the process of purchasing ready-to-work equipment, which begins work immediately after removal from the package without additional commissioning and installation.
Below I will describe the procurement process for a complex project (ordering a project (design), preparing the room for equipment, setting up communications and electricity, supplying equipment, installing equipment, commissioning equipment, training personnel to work with equipment) and trying to cram this project in one financial year .
The best way to present the process is to sort out a specific example in stages. Then it is easier to understand the details and scale to other projects, assessing their complexity.
The previous example was with the purchase of laptops for the municipality. For a complex multi-part project, we will choose the purchase of expensive medical equipment - MRI (magnetic resonance imaging or just a tomograph). The “House MD” series was supposed to be watched, and there was used in almost every MRI series. Yes, and in Russia now there is a federal program to modernize healthcare. Yes, and the topic of health and medicine concerns everyone, so it will be closer to the body.
Take for example the SIEMENS Espree 1.5T WIDE BORE 2005 tomograph with a price of about $ 1 million from a warehouse in Moscow (we’ll omit the customs clearance procedure for now). Good equipment of a famous German company, with an extensive set of diagnostic functions. In the picture from the manufacturer’s site it looks like this:
Brief introduction: there is a federal medicine modernization program, money is allocated for this program in the federal budget, equipment is really necessary for accurate diagnosis and monitoring of the course of treatment, everyone agrees to purchase this equipment, the price is reasonable for the city budget with a good healthcare institution. We understand that it is necessary to ensure the functioning of the equipment and want to meet the same financial year, while making all the engineering systems and installation, in accordance with current legislation and industry standards.
Since the equipment is complex, its work requires the following conditions ( according to the technical characteristics of the equipment ):
Energy consumption at full load - 30 kW.
Heat generated at full load - up to 30 kW.
The total mass of the installation - 8000 kg.
Noise level at full load - up to 115 dB.
The required operating temperature in the room is from + 18 ° C to + 22 ° C.
The required operating humidity in the room is 40-60%.
Full on / off time - 7 minutes.
The superconducting magnet of an installation requires cooling with liquid helium.
The coil and amplifier are water cooled.
It is required to screen the room in which the tomograph is located with sound-absorbing partitions according to the requirements of SanPiN.
Requires installation of air conditioning in the room to control temperature and humidity.
Installation of the UPS is required to maintain the equipment uptime (30 kW for 15 minutes) until complete smooth shutdown in the event of a power outage to the medical facility.
Requires the introduction of new electrical cables, installation of SHGP, equipment grounding.
Low voltage cables are required to connect the tomograph to the operator’s workplace.
Required engineering calculation and preparation of floors (floors in the room) that can withstand the load from the equipment.
Requires repair of non-combustible materials that prevent the formation of dust.
It is required to create a ventilation system in the room, according to SanPiN.
It is required to create a fire alarm system in the room and a gas fire extinguishing system, since the equipment is expensive.
It is required to create separate rooms for cooling systems (water and liquid helium).
It is required to create a waiting room, a changing room, an operator’s room, and equip the premises with furniture, partitions and doors.
It is required to develop regulations for scheduled maintenance and replacement of parts with the allocation of staff budget and spare parts.
Somehow it should look like this:
The technical requirements for the equipment are clear to us, therefore, we will begin in stages, in accordance with the requirements of the legislation, to carry out work on the procurement project, delivery and commissioning of the MRI.
The law dictates that we need to develop a project. Designing requires experienced professionals to spend their time and create the following project documentation:
1. To repair the premises and reinforcement of ceilings;
2. For coordination of electrical capacities and laying of power cables with AHC;
3. To equip the premises with air conditioning and ventilation systems, fire alarm systems and gas fire extinguishing;
4. On the cooling system with liquid helium;
5. On the water cooling system;
6. To calculate the required type and power of the SPI with its installation;
7. On shielding premises with a tomograph to reduce noise and reduce the influence of side electromagnetic radiation;
8. On furniture, doors and partitions;
9. On low voltage communication systems (telephone, computer connection);
10. Installation, commissioning and verification procedure along with acceptance of all systems.
The manufacturer in the documentation for the scanner recommends a minimum floor space for the equipment - 30 square meters. m. Really need at least 60 square meters. m for the comfortable placement of all systems, operator MRI workplace and waiting room for patients.
Typically, design takes up to 10% of the cost of the entire project (including work, materials and equipment). We assume that we design only the preparation of the premises for the placement of equipment. It is necessary to estimate the cost of all the work, systems and materials without taking into account the cost of the MRI itself (very roughly):
1. We take the cost of turnkey repairs at the rate of 5,000 rubles per square meter. m (including floor, ceiling and walls with materials) - in the amount of 300 000 rubles.
2. On electrical systems, roughly, cable 5x35 (100 meters) plus SchGP, coordination, installation, sockets, automation, lighting - in the amount of 300,000 rubles;
3. Fire alarm and gas fire extinguishing on such an area - 1 300 000 rubles;
4. Air conditioning and ventilation (we need to remove 30 kW of heat from the tomograph, plus more heat in the room itself) - 2,000,000 rubles;
5. UPS for the required power (30+ kW for 15 minutes) - 3,000,000 rubles;
6. Low-voltage systems - 100,000 rubles;
7. Cooling systems with water and liquid helium are included in the cost of the tomograph, but a calculation is needed for filling them with helium and water (the cost of filling with liquid helium) is 300,000 rubles.
8. Screening premises with a tomograph - 500,000 rubles;
9. Furniture, doors and partitions - 300,000 rubles;
10. Works on commissioning and installation - 500,000 rubles (no less).
Total, excluding the cost of the tomograph itself, we get: 8,600,000 rubles. Roughly 9 million rubles is the money that will need to be spent on equipping the premises before installing the tomograph itself. We do not consider here the contract for service, for personnel training and for the purchase of spare parts (helium, heads, coils).
So, we are laying 900,000 rubles for the design stage. This is more than 100,000, so you need to write a technical task and put up a lot for bidding, according to 94 FZ.
Again we will consider the ideal scenario: we worked closely with the supplier of the tomograph, he helped us write the requirements for the designers, together with the specialists of the municipality (some health department). From the first days of the new year we placed a lot on the design of premises for tomograph placement for sale. We waited 2 months, and we won an experienced project office, which has already done similar projects for our region, and it takes into account all the nuances. Design took 2 weeks, plus 2 weeks took the approval of the project. This will be the end of March, the beginning of April. We worked closely with this company, and it helped us write the requirements for each subsystem (repair, electrical, air conditioning, fire extinguishing, noise insulation, cooling with liquid helium and water) so that we could immediately start the following steps without losing precious time. project: auction placement for the preparation of the premises and the purchase of a scanner with its delivery and commissioning. Plus an auction for training specialists in work on a tomograph (we believe that we already have specialists ready to learn quickly and work efficiently). Again we waited 2 months, and a large company that has experience in preparing premises for tomographs has won a lot for room preparation, it has competent air conditioning, fire extinguishing specialists, guaranteed power supply and repair, plus a good designer who has chosen a pleasant color scheme for premises (as a bonus, they gave a florist, and donated plants). All materials were in stock, and did not have to wait for delivery, plus the work took only 2 months. The second lot was won by the company, which is the official representative of Siemens in Russia, has experience in supplying tomographs, experience in installation and commissioning. The tomograph was delivered within 8 weeks from a factory in Germany specially for our order, and the equipment came to us just at the time of the completion of the preparation of the premises and the equipping of it with the necessary engineering systems. About 2 months took installation of equipment and its commissioning. At that time, the company that won the lot on training our specialists for work on the tomograph, took the specialists to Germany, where they had an internship at the manufacturing plant, got acquainted with the material part of the equipment, understood the principles of work, then underwent an internship at the medical center, mastered the modes of equipment operation for the diagnosis of various tissues, and after 4 months returned to their homeland, ready to work. Everything went smoothly and perfectly, and already at the end of November we had a ready room, a tomograph, installed, installed and put into operation, trained specialists and another month of time to identify possible errors in the settings before the end of the fiscal year. -, , , . , , . , …
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I would like to recall such a thing as quality, which the law does not stipulate in any way. The law was originally created for budget cuts, and about this has already been written. At the same time, it is necessary to remember the golden rule: you can complete any project quickly, efficiently, cheaply; but only any 2 parameters will converge. Those. either quickly and cheaply but poorly. Either cheap, high quality, but not very fast. Or quickly, efficiently, but not cheap. The correct slogan is a well-known design studio .
So, my naive proposals for amending public procurement law.
94 FZ is almost ideally used in cases where a finished product is purchased, the quality of which is guaranteed by the manufacturer for the period of storage and transportation in the manufacturer's container, and using which does not require additional work or services, the quality of which is not obvious at minimum cost.
Those. if we want to buy a car at government bills and write in the terms of reference: 3-liter engine, automatic transmission, plastic interior such and such, and body color is white, mileage is without run, and the current year, while describing the technical characteristics of a particular brand and car models, then we will get exactly that car in the bidding process, but for the minimal cost, otherwise (if we find defects, or if the TK doesn’t match), return it back and take money for ourselves, or don’t pay money at all. The manufacturer guarantees the quality of the goods, so we ultimately receive a quality product, with the expected characteristics, with minimum costs (minimum markup from the seller). As soon as we move a step away from the quality that the manufacturer guarantees, we are in a stalemate situation: at the lowest price no one can provide quality (for example, to supply spare parts for a purchased car and to repair this car with these parts). Spare parts for technical specifications from the factory, you can deliver quality, but with a minimum of expenses for the repairs themselves, you can do even worse than they did, or you have to wait a long time. Also, we cannot guarantee quality when there is no time left, especially when the financial year comes to an end. Ie, if we order a car, which has a real delivery time of 4 weeks, and we conclude a government contract on December 20 and up to 25, we need to sign acts of acceptance and transmission, then we have good chances to stay with herring ears (tritely, one-day company reduces the price is strong, the tender wins, a government contract is concluded with it, due to lack of time, acceptance certificates are signed before receiving the goods to transfer money this year, money is transferred, after which the company's phones stop working and their office is overdue subscription box).
The law seems to work, but somehow it is not always good. It is like with the laws of classical physics: they seem to describe the behavior of large objects and even some small ones, but on the scales of either microscopic they poorly predict the behavior of elementary particles, or they do not exactly work on a planetary scale. Also with public procurement legislation. In the case of the purchase of products, the quality of which is guaranteed by the manufacturer and if the use of these products is not associated with additional works or services that must be performed in order to use them, then the law works perfectly. And if something starts to get complicated, then the law begins to fail, because Inconsistent inconsistencies arise in the current edition.
Again, according to the letter of the law, almost all firms that have expressed a desire to participate in the auction are allowed. With whom it is safer to work and whose services or products will be better: a company that was created the day before yesterday or a company that has been in the market for 10-15 years with a huge portfolio of successful projects and good feedback from hundreds of satisfied customers? But for 94 FZ there is no difference in these firms ...
Based on the foregoing, it is possible to formulate the directions in which it is necessary to change the current legislation on public procurement:
1. Introduce the concept of quality products and services;
2. Make requirements for firms that can participate in the auction;
3. Avoid situations of time shortages (just freezing money in the treasury accounts for projects that were not completed this year so that it would not be tempting to sign acts before the delivery is completed or services are fully provided).
4. To keep a register of not only the black list of companies, but also the black list of individuals with which these companies have been affiliated;
5. Develop separate requirements and regulations for costly and long-term projects.
A little more about the proposals.
During Soviet times, there was a very large system of state standards. The standards themselves have not gone away, but somehow it is now considered to be (mainly in the ranks of lovers of fashionable clothes and white ribbons) that everything in the USSR was lousy, therefore, the guests were lousy. At the same time, for some reason, condensed milk persistently takes what is made according to GOST 2903-78, and not according to TU2005 ... In the photo below is a shelf with standards, seen personally at NIST (National Institute of Standards and Technology) in the fall of 2011:
A similar book on the United States is no thinner ...
Somehow, it is probably necessary for state procurement to indicate compliance with state standards for most goods. Additionally develop new GOSTs for the performance of works and services. Those. create a line that can measure quality and punish severely for non-compliance.
Now, of course, compliance with the State Standards in the auction documentation is indicated, but not always. And for imported technology to develop GOSTs is somehow strange. Although the requirement of compliance with national standards is a matter of course in most developed countries of the world and there is nothing wrong with that.
When I was a contractor for Motorola, I was particularly impressed with the set of CMMI (Capability Maturity Model Integration) models - a set of models (methodologies) for improving processes in organizations of different sizes and activities. If now in Russia there is an accreditation and verification system where the organization is either undergoing a test or not; CMMI divided organizations into 5 levels of maturity:
1. Initial - Unpredictable processes, poorly controlled. processes appear in response to certain events;
2. Managed - Processes are defined at the project level. Often processes appear in response to certain events;
3. Defined - Processes are defined at the organization level. Processes are executed in advance;
4. Quantified - Processes are measured and monitored;
5. Optimized - Focus on process improvement.
An organization can be conditionally certified on level 1 of CMMI if it has successfully completed at least one project.
Hence, an additional zero maturity level is often introduced (when there is not a single successful project):
Interesting history of this model. At one time, the Ministry of Defense of Pindostana faced the fact that software development projects could not physically carry it out, so it was necessary to involve private subcontractors. But in defense information systems, software quality is extremely sensitive. And the question arose of how to evaluate a firm that is trusted by a government contract, whether it will be able to meet the budget, hand over the project on time and at the same time provide the necessary quality indicator of the product. The development of the assessment methodology was commissioned by the Defense Ministry of Pindostana Institute for Software Engineering (Carnegie Mellon University). In general, those firms that are certified up to level 5 can safely trust any budgets and projects, and those. those who are certified on level 1, only small, inexpensive, non-critical to time and quality projects.
In addition to the existing assessment methodologies for software development companies since the 1980s, there are now methods for assessing the level of maturity of organizations for services and for procurement (CMMI for Development, CMMI for Services and CMMI for Acquisition
respectively).
My proposal is to create on the territory of the Russian Federation similar methods with estimates of the maturity of organizations. The assessment must be made for firms wishing to sell goods or provide services to the state, say once in 2-3 years. And in the requirements for the auction documentation for the procurement directly indicate what level of maturity of the company may participate in a particular tender. For example, if it is necessary to quickly put paper for a municipality on 100,000 rubles, then companies of the first level of maturity (at least once performed the delivery for someone). If it is necessary to work with medical equipment, then the level of maturity should be higher than 3. If these are military orders, then not lower than 4 levels, etc.
The evaluation commission for the evaluation of organizations at similar levels of maturity, in my opinion, should consist of both government representatives and independent experts. The mark is put on the minimum of all appraisers for each of the parameters.
If this practice is commonly used, then it will be quieter to engage in large projects, and firms will also value their reputation.
UPD: Comment from the only in Russia certified leading appraiser and instructor in CMMI, Alexander Kondakov, for this item of proposals:
“In general, those firms that are certified up to level 5 can safely be trusted with any budgets and projects, and those who are certified for level 1 are only small, inexpensive” - there was no such task: to create a certification system (and to the first level no one certifies "). The tasks of developing models were different. The levels displayed (and display) in some way what “style” of work (services) is used. Theoretically, yes, this is a characteristic of the predictability of the result. From here, of course, the customer’s desire to “get hold of” in suppliers of someone with a level with a higher figure.
The CMMI model (any) is not an “assessment methodology,” this process development guide is nothing more. This is a big “hint” - what to do. For the assessment itself ("certification") there is another method.
“The evaluation committee should consist of both representatives of government agencies and independent experts.” - There have never been any requirements for government representatives (except in specific cases from the customer).
“My proposal is to create similar methods on the territory of the Russian Federation with estimates of the maturity of organizations.” Theoretically, I agree that this would be useful (and I would like something similar to be). However, our realities ... Once I was informed that one of our departments included in the conditions of a tender the requirement of a third level and above. Soon, however, suddenly this condition disappeared. The formal explanation: in Russia there are no system integrators (suppliers of complex solutions that include software), with any level at all.
UPD 2: Availability of licenses for certain types of activities, availability of SRO tolerances and other supporting documents are now practiced in auction documentation. But a direct causal connection between the availability of licenses with tolerances and the quality of the work performed / services has not yet been observed.
Here it is necessary to make changes to the budget legislation. Somehow to freeze funds for a reasonable period (2-3 months) in order to give an opportunity to complete projects started late and at the same time secure both the customer and the contractor.
Precedent created for federal universities. They don’t transfer their money, which was not spent at the end of the year, to the treasury accounts, and do not lose funding for these amounts next year.
UPD: The number of accountants in Russia has exceeded a huge number - more than 5,000,000 people have already been representatives of this profession . This figure was voiced by the Director of the Corporate Center of RUSAL, Oksana Nazarova, as part of the Russian Business Week organized by the Russian Union of Industrialists and Entrepreneurs.
Changes in budget legislation have matured a long time ago. At least you can already for a long time abandon the invoice ...
It's not very obvious. But the trend is as follows: if new horns-hooves can be created at least 100 per day, then the people who stand behind them are usually a finite number. And the cessation of the activities of the state with all legal entities related to a specific fraudster physical person can significantly improve the economy.
UPD: At the moment, it is possible to get into the black list of unreliable suppliers only for a maximum of 2 years and only if the company won the bidding, but refused to enter into a state contract. And then you have to try hard ... After the signing of the state contract, the Civil Code of the Russian Federation begins to operate and the state contract is considered to be an ordinary contract between legal entities. Even if the company has not fulfilled its promises, then it will not be blacklisted, but will be suing her within the framework of current legislation.
And here, just, everything is obvious. Different requirements and approaches should be for purchases in the framework of projects to launch spacecraft and for projects for the purchase of food for kindergartens in remote areas of Primorsky Krai.
An example of separate requirements for expensive projects is the adoption of separate federal laws in preparation for the APEC 2012 summit in Vladivostok and preparations for the Winter Olympics in Sochi. There the builders were not selected according to the results of the competition, but were appointed by decree of the President of the Russian Federation.
UPD: Now, according to the law, there are separate requirements for procurement projects that exceed either the amount of 50 million rubles, or procurement is carried out for the needs of the country's defense. In such a case, it is possible to write quality requirements or more specific requirements for supplier firms in the technical task. But somehow these things are little used because of the recommendatory nature of the law.
These are my indiscreet proposals to improve legislation in the field of public procurement.
In conclusion, I want to write about some of the legitimate methods of circumventing the requirements of 94 FZ "on public procurement".
In theory, employees of procurement departments of municipalities or state-owned enterprises should independently write technical specifications for procurement. But we do not believe in supermen, especially in the positions of civil service specialists. For the people there work quite ordinary, with typical vices of ordinary people.
The most common option is when representatives of the municipality or state-owned enterprises, when the need arises in procurement, contact a proven company and ask this company to prepare the TK for certain goods or services.
However, any adequate company will not work for free. If you want to work for free for 40-80 hours a week, you can write to me, I will find work for you within 60 seconds. :)
Therefore, firms usually offer, in response, to include in the TK any tricky characteristics of a product or service that only this firm can provide in order to have at least some guarantee that the work on writing TK will be paid.
From here there are quite interesting characteristics:
1. For example, cars with some very rare salons;
2. Computer equipment with additional boards that are not sold anywhere in the territory of the Russian Federation, and, in general, they do not affect the work, but are indicated in the TK, and it is necessary to supply equipment with these boards;
3. Some unique building materials or technologies that most have never heard of;
4. Works subject to compulsory licensing and SRO approvals ...
The second common option is when a sufficiently large company, at the request of a municipality or state-owned company, performs work or supplies goods in advance, then a TK is compiled, and strict acceptance methods are described, and strict expiration dates that no one is able to fulfill are specified in the TZ. For example: to perform repairs in an area of ​​2000 square meters. m with the dismantling of the floor, ceiling and re-install them, with the deadline indicated 48 hours. Or making a portal of a municipality in 1 day with filling it with content and pairing, for example, with SMEV. This method is completely legitimate (not contrary to the requirements of 94 FZ), but very risky, because Often, one-day firms take the job for such tight deadlines for little money. In this case, litigation can last for years, to nothing without bringing in the end.
The third option is the creation of joint-stock companies, 100% of whose shares belong to the municipality or state-owned companies. At the same time, a large share capital is created for the money of the municipality, and the municipality can receive profits in the form of dividends. After such a joint-stock company has been established, it is possible to carry out fairly large and complex projects through it, since there is no need to follow 94 FZ. For example, this is how Nash Dom Primorye OJSC works, where 100% of the shares belong to the Primorsky Territory administration. At the same time, Our Home Primorye owns the land for the gambling zone, it owns two five-star hotels in Vladivostok: Hyatt Regency Vladivostok - Golden Horn and Hyatt Burny Vladivostok. , , .. , , .. .
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The section on the brief history of the current article will tell you when the law on public procurement was passed and what was connected with its adoption.
The process of purchasing a batch of 100 laptops will be described in the section on a typical government procurement process, the procurement procedure will be described, and some problems that may arise are described.
In the section on procurement within the framework of a complex project, the process of procurement of expensive medical equipment will be described - magnetic resonance imaging, preparation of the project and facilities for equipment, as well as problems that often arise in such complex projects, but which do not take into account public procurement legislation.
Small considerations will be given to improve legislation in the field of public procurement, which stem from current problems and foreign experience.
Some legal ways to circumvent the current government procurement law will be described and some useful references are given in the conclusion of this article.
Nervous ask not to watch.
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Intro (short background)
Since January 1, 2006, Federal Law No. 94-FZ of July 21, 2005 “On Placing Orders for Goods, Works, and Services for State and Municipal Needs” came into force.
If you don’t go into details, until 2006 there was a pattern similar to the following: there were annual budgets of state institutions (municipalities of various sizes and state-owned enterprises), there were needs for the procurement of goods and services. Contracts were concluded with any legal entities without any restrictions on the supply of products (goods) and the provision of services.
Slowly, such a scheme began to turn into feeders for particularly close. Those who were associated with the leadership of municipalities or state-owned enterprises simply created pocket legal entities and concluded agreements with them, while such legal entities were pure intermediaries, and the amount of the margin depended on Random (mood, season, phases of the moon and sun). Estimates were made that showed that without price restrictions from above, you could splurge on office supplies.
Next came 94 FZ. I don’t know the authors of the law (and somehow it’s not customary to specify the authors of the laws), but the law really helped to save impressive sums at the expense of bidding and admission of virtually everyone who wanted to participate in the bidding.
If it is thesis, then the law obliges all municipalities and state-owned enterprises to perform the following actions when conducting procurement:
1. To write requirements (technical specifications) for products and services;
2. Make a request for commercial offers with prices from at least 3 different suppliers of products and / or services to determine the upper price limit;
3. Place all the necessary documentation (terms of reference, government contract template, requirements for suppliers) in the public domain on the well-known site;
4. Play auctions for lowering the value of a government contract and allow everyone to participate.
5. Enter into a state contract with the supplier who agrees to provide the requirements at the lowest price.
There are still many nuances that regulate the provision of guarantees, prepayment, the signing of acts of acceptance and transfer (work performed), the final payment and appeal procedures.
There was a division at the price of the contract: if up to 100,000 rubles, then you can not write TK, but enter into contracts directly, but this was imposed on the number of such contracts for items of expenditure of the Treasury in a quarter.
The process of typical government procurement
It is more interesting to describe the process of a typical purchase costing more than half a million rubles. If, for example, for a municipality it is necessary to purchase laptops for 100 teachers (an urban type settlement), then the procedure will be approximately as follows:
1. Written technical specifications for the supply of equipment (requirements for laptops), which describes in detail the technical characteristics (type and frequency of the processor, amount of memory, type of disks, type of memory, color and material of the case, screen diagonal and temperature fluctuations of the processor at 100% load at an altitude of 2000 meters above sea level with a humidity of 98.9%).
2. Further 3+ sellers are requested. What will be the price of a single laptop with such characteristics delivered to the municipality’s warehouse? Let us assume that we get a price spread of 20 thousand rubles, 21 thousand rubles and 22 thousand rubles.
3. All auction documentation (requirements, government contract template, etc.) is posted on the public procurement website. At the same time, the initial maximum price of the state contract is indicated 2 million rubles (20 thousand rubles multiplied by 100 laptops).
4. Approximately 1.5-2 months are bidding (everyone who wants to send offers in the form of a description of the technical characteristics of their product with prices, offers are considered and the one who offered the lowest price for all equipment along with the delivery wins). Another 2 weeks is given for appeal. On average, it takes 2 months. Let the company shrank by 10% for the price and won the delivery for 1.8 million rubles, and the competitors did not appeal anything.
5. A government contract for the supply of 100 laptops for 1.8 million rubles is concluded with the winning supplier, a prepayment is transferred and the goods are waiting. The goods arrive at the municipal warehouse (4-8 weeks for unique models and 3-5 days if the goods were in stock within a radius of 100 km from the urban settlement), the goods are checked (if the goods, all the technical characteristics are the same, whether there are damages) and if everything is good, then the acceptance certificate is signed, after which the remaining amount under the state contract is transferred.
Everything is good and good, we have bought 100 laptops for teachers in PGT for 1.8 million rubles in 3 months (on average, and this is what it turns out), saving the state from 200 to 400 thousand rubles (we asked for the prices of 20, 21 and 22 laptops thousand rubles, respectively). It seems everything is logical and open and there is no corruption component. If, for example, to initiate the procedure in May, then by the end of August - the beginning of the school year, teachers in schools will have laptops, it will be possible to keep electronic journals and set homework in electronic diaries.
But the devil is in the details. Suppose a municipality specialist who selected a laptop configuration chose a configuration without an operating system and office software (out of habit), since such a laptop cost 5000 rubles cheaper.
All other specialists of the municipality worked quickly. A year before, they planned the budget, at the end of spring money came from the federal budget to the municipal budget, in May they wrote TZ, asked prices from suppliers, launched all documents to the public procurement website, won a large honest company, which had the necessary number of necessary laptops in stock in the regional (regional) center 200 km from the settlement, and the delivery of laptops was completed until the end of August. On September 1, the teachers congratulated the new year (school) and solemnly handed over new laptops in boxes wrapped in bows. The teachers came home, opened the boxes, turned on the laptops and found that there was no operating system on the laptops ...
There are options (download and install Linux, put a pirated OS and office software, buy software, do nothing). The most frequent option is “do nothing”, the most recommended at the first stage is “download and install Linux” (to work on hardware while working on other options), the most dangerous one is “to install a pirated OS and office programs”, the most correct - purchase software!
After all, we sort of saved 200-400 thousand rubles and, in theory, it is possible to purchase this money within the budget of this year without software trading with contracts of 100 thousand rubles each ... It would be logical, but there is a law besides logic! sic
The law dictates the following conditions:
1. One contract to 100 thousand. rub. quarterly on one of the items of expenditure;
2. Equipment supply and transfer of non-exclusive rights to use software are different items of expenses, respectively, if we have 400 thousand rubles. on the article "equipment supply" and is 100 thousand rubles. on the article "services for the transfer of rights to software", then we can not throw 400 thousand rubles. to 100 thousand rubles. and buy for 500 thousand rubles. BY. The maximum that we can in this fiscal year is to buy equipment for 400 thousand rubles, including in it requirements for selling 100 sets of software licenses + for 100 thousand rubles. buy a license under the contract in the last quarter (non-exclusive rights to use the software). And if we can save 18% of the cost of services for the transfer of rights, without paying VAT, then we will pay for the equipment when purchasing equipment together with software, because our equipment comes with software. Well, sometimes such masterpieces come out, such as the delivery of 100 512 MB flash cards with licensed software distributions :).
3. All these dances with tambourines must be made before December 25 of the current year, since The fiscal year also ends at the end of December and the money not spent by the municipality this year goes back to the federal budget and funding is cut back on the unspent balance in the next year if no active actions are taken.
Such nuances arise in the simplest cases of purchasing small quantities of goods. But the example with laptops is indicative of the fact that complex goods or services are not always better to buy at the lowest price. Our example was ideal in terms of the fact that we make the assumption that other specialists of the municipality did not make mistakes and played in the auction honest firms that value their reputation. Usually, the municipalities do not spend money until recently. they need to ensure payment of utility bills, fuel, office supplies, etc. If at the end of September it is clear that money remains on expenditure items, then a feverish waste of this money begins, so that next year funding will not be cut. And it turns out a stalemate situation, when in mid-December a state contract for the supply of equipment is concluded, the equipment will go 4-8 weeks, and the acceptance certificate must be signed no later than December 25 to transfer money this fiscal year ... If the company is honest and values ​​its reputation, then it will work to the end honestly, and deliver the goods in the best possible way. If this is Horns & Hufs LLC, created for one single transaction, then, most likely, after signing the act of acceptance and transfer and transfer of money to the accounts of this company about laptops, you can forget ... According to the court, the maximum that can be achieved is landing a drunkard the chairman of this LLC and compensation of no more than 10 thousand rubles ... At the same time, teachers will be at least a year without laptops, and everyone on the Internet will talk about corruption and kickbacks.
Above was a brief description of the process of purchasing ready-to-work equipment, which begins work immediately after removal from the package without additional commissioning and installation.
Procurement process for a complex project
Below I will describe the procurement process for a complex project (ordering a project (design), preparing the room for equipment, setting up communications and electricity, supplying equipment, installing equipment, commissioning equipment, training personnel to work with equipment) and trying to cram this project in one financial year .
The best way to present the process is to sort out a specific example in stages. Then it is easier to understand the details and scale to other projects, assessing their complexity.
The previous example was with the purchase of laptops for the municipality. For a complex multi-part project, we will choose the purchase of expensive medical equipment - MRI (magnetic resonance imaging or just a tomograph). The “House MD” series was supposed to be watched, and there was used in almost every MRI series. Yes, and in Russia now there is a federal program to modernize healthcare. Yes, and the topic of health and medicine concerns everyone, so it will be closer to the body.
Take for example the SIEMENS Espree 1.5T WIDE BORE 2005 tomograph with a price of about $ 1 million from a warehouse in Moscow (we’ll omit the customs clearance procedure for now). Good equipment of a famous German company, with an extensive set of diagnostic functions. In the picture from the manufacturer’s site it looks like this:
Brief introduction: there is a federal medicine modernization program, money is allocated for this program in the federal budget, equipment is really necessary for accurate diagnosis and monitoring of the course of treatment, everyone agrees to purchase this equipment, the price is reasonable for the city budget with a good healthcare institution. We understand that it is necessary to ensure the functioning of the equipment and want to meet the same financial year, while making all the engineering systems and installation, in accordance with current legislation and industry standards.
Since the equipment is complex, its work requires the following conditions ( according to the technical characteristics of the equipment ):
Energy consumption at full load - 30 kW.
Heat generated at full load - up to 30 kW.
The total mass of the installation - 8000 kg.
Noise level at full load - up to 115 dB.
The required operating temperature in the room is from + 18 ° C to + 22 ° C.
The required operating humidity in the room is 40-60%.
Full on / off time - 7 minutes.
The superconducting magnet of an installation requires cooling with liquid helium.
The coil and amplifier are water cooled.
It is required to screen the room in which the tomograph is located with sound-absorbing partitions according to the requirements of SanPiN.
Requires installation of air conditioning in the room to control temperature and humidity.
Installation of the UPS is required to maintain the equipment uptime (30 kW for 15 minutes) until complete smooth shutdown in the event of a power outage to the medical facility.
Requires the introduction of new electrical cables, installation of SHGP, equipment grounding.
Low voltage cables are required to connect the tomograph to the operator’s workplace.
Required engineering calculation and preparation of floors (floors in the room) that can withstand the load from the equipment.
Requires repair of non-combustible materials that prevent the formation of dust.
It is required to create a ventilation system in the room, according to SanPiN.
It is required to create a fire alarm system in the room and a gas fire extinguishing system, since the equipment is expensive.
It is required to create separate rooms for cooling systems (water and liquid helium).
It is required to create a waiting room, a changing room, an operator’s room, and equip the premises with furniture, partitions and doors.
It is required to develop regulations for scheduled maintenance and replacement of parts with the allocation of staff budget and spare parts.
Somehow it should look like this:
The technical requirements for the equipment are clear to us, therefore, we will begin in stages, in accordance with the requirements of the legislation, to carry out work on the procurement project, delivery and commissioning of the MRI.
The law dictates that we need to develop a project. Designing requires experienced professionals to spend their time and create the following project documentation:
1. To repair the premises and reinforcement of ceilings;
2. For coordination of electrical capacities and laying of power cables with AHC;
3. To equip the premises with air conditioning and ventilation systems, fire alarm systems and gas fire extinguishing;
4. On the cooling system with liquid helium;
5. On the water cooling system;
6. To calculate the required type and power of the SPI with its installation;
7. On shielding premises with a tomograph to reduce noise and reduce the influence of side electromagnetic radiation;
8. On furniture, doors and partitions;
9. On low voltage communication systems (telephone, computer connection);
10. Installation, commissioning and verification procedure along with acceptance of all systems.
The manufacturer in the documentation for the scanner recommends a minimum floor space for the equipment - 30 square meters. m. Really need at least 60 square meters. m for the comfortable placement of all systems, operator MRI workplace and waiting room for patients.
Typically, design takes up to 10% of the cost of the entire project (including work, materials and equipment). We assume that we design only the preparation of the premises for the placement of equipment. It is necessary to estimate the cost of all the work, systems and materials without taking into account the cost of the MRI itself (very roughly):
1. We take the cost of turnkey repairs at the rate of 5,000 rubles per square meter. m (including floor, ceiling and walls with materials) - in the amount of 300 000 rubles.
2. On electrical systems, roughly, cable 5x35 (100 meters) plus SchGP, coordination, installation, sockets, automation, lighting - in the amount of 300,000 rubles;
3. Fire alarm and gas fire extinguishing on such an area - 1 300 000 rubles;
4. Air conditioning and ventilation (we need to remove 30 kW of heat from the tomograph, plus more heat in the room itself) - 2,000,000 rubles;
5. UPS for the required power (30+ kW for 15 minutes) - 3,000,000 rubles;
6. Low-voltage systems - 100,000 rubles;
7. Cooling systems with water and liquid helium are included in the cost of the tomograph, but a calculation is needed for filling them with helium and water (the cost of filling with liquid helium) is 300,000 rubles.
8. Screening premises with a tomograph - 500,000 rubles;
9. Furniture, doors and partitions - 300,000 rubles;
10. Works on commissioning and installation - 500,000 rubles (no less).
Total, excluding the cost of the tomograph itself, we get: 8,600,000 rubles. Roughly 9 million rubles is the money that will need to be spent on equipping the premises before installing the tomograph itself. We do not consider here the contract for service, for personnel training and for the purchase of spare parts (helium, heads, coils).
So, we are laying 900,000 rubles for the design stage. This is more than 100,000, so you need to write a technical task and put up a lot for bidding, according to 94 FZ.
Again we will consider the ideal scenario: we worked closely with the supplier of the tomograph, he helped us write the requirements for the designers, together with the specialists of the municipality (some health department). From the first days of the new year we placed a lot on the design of premises for tomograph placement for sale. We waited 2 months, and we won an experienced project office, which has already done similar projects for our region, and it takes into account all the nuances. Design took 2 weeks, plus 2 weeks took the approval of the project. This will be the end of March, the beginning of April. We worked closely with this company, and it helped us write the requirements for each subsystem (repair, electrical, air conditioning, fire extinguishing, noise insulation, cooling with liquid helium and water) so that we could immediately start the following steps without losing precious time. project: auction placement for the preparation of the premises and the purchase of a scanner with its delivery and commissioning. Plus an auction for training specialists in work on a tomograph (we believe that we already have specialists ready to learn quickly and work efficiently). Again we waited 2 months, and a large company that has experience in preparing premises for tomographs has won a lot for room preparation, it has competent air conditioning, fire extinguishing specialists, guaranteed power supply and repair, plus a good designer who has chosen a pleasant color scheme for premises (as a bonus, they gave a florist, and donated plants). All materials were in stock, and did not have to wait for delivery, plus the work took only 2 months. The second lot was won by the company, which is the official representative of Siemens in Russia, has experience in supplying tomographs, experience in installation and commissioning. The tomograph was delivered within 8 weeks from a factory in Germany specially for our order, and the equipment came to us just at the time of the completion of the preparation of the premises and the equipping of it with the necessary engineering systems. About 2 months took installation of equipment and its commissioning. At that time, the company that won the lot on training our specialists for work on the tomograph, took the specialists to Germany, where they had an internship at the manufacturing plant, got acquainted with the material part of the equipment, understood the principles of work, then underwent an internship at the medical center, mastered the modes of equipment operation for the diagnosis of various tissues, and after 4 months returned to their homeland, ready to work. Everything went smoothly and perfectly, and already at the end of November we had a ready room, a tomograph, installed, installed and put into operation, trained specialists and another month of time to identify possible errors in the settings before the end of the fiscal year. -, , , . , , . , …
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- . I would like to recall such a thing as quality, which the law does not stipulate in any way. The law was originally created for budget cuts, and about this has already been written. At the same time, it is necessary to remember the golden rule: you can complete any project quickly, efficiently, cheaply; but only any 2 parameters will converge. Those. either quickly and cheaply but poorly. Either cheap, high quality, but not very fast. Or quickly, efficiently, but not cheap. The correct slogan is a well-known design studio .
So, my naive proposals for amending public procurement law.
94 FZ is almost ideally used in cases where a finished product is purchased, the quality of which is guaranteed by the manufacturer for the period of storage and transportation in the manufacturer's container, and using which does not require additional work or services, the quality of which is not obvious at minimum cost.
Those. if we want to buy a car at government bills and write in the terms of reference: 3-liter engine, automatic transmission, plastic interior such and such, and body color is white, mileage is without run, and the current year, while describing the technical characteristics of a particular brand and car models, then we will get exactly that car in the bidding process, but for the minimal cost, otherwise (if we find defects, or if the TK doesn’t match), return it back and take money for ourselves, or don’t pay money at all. The manufacturer guarantees the quality of the goods, so we ultimately receive a quality product, with the expected characteristics, with minimum costs (minimum markup from the seller). As soon as we move a step away from the quality that the manufacturer guarantees, we are in a stalemate situation: at the lowest price no one can provide quality (for example, to supply spare parts for a purchased car and to repair this car with these parts). Spare parts for technical specifications from the factory, you can deliver quality, but with a minimum of expenses for the repairs themselves, you can do even worse than they did, or you have to wait a long time. Also, we cannot guarantee quality when there is no time left, especially when the financial year comes to an end. Ie, if we order a car, which has a real delivery time of 4 weeks, and we conclude a government contract on December 20 and up to 25, we need to sign acts of acceptance and transmission, then we have good chances to stay with herring ears (tritely, one-day company reduces the price is strong, the tender wins, a government contract is concluded with it, due to lack of time, acceptance certificates are signed before receiving the goods to transfer money this year, money is transferred, after which the company's phones stop working and their office is overdue subscription box).
The law seems to work, but somehow it is not always good. It is like with the laws of classical physics: they seem to describe the behavior of large objects and even some small ones, but on the scales of either microscopic they poorly predict the behavior of elementary particles, or they do not exactly work on a planetary scale. Also with public procurement legislation. In the case of the purchase of products, the quality of which is guaranteed by the manufacturer and if the use of these products is not associated with additional works or services that must be performed in order to use them, then the law works perfectly. And if something starts to get complicated, then the law begins to fail, because Inconsistent inconsistencies arise in the current edition.
Again, according to the letter of the law, almost all firms that have expressed a desire to participate in the auction are allowed. With whom it is safer to work and whose services or products will be better: a company that was created the day before yesterday or a company that has been in the market for 10-15 years with a huge portfolio of successful projects and good feedback from hundreds of satisfied customers? But for 94 FZ there is no difference in these firms ...
Based on the foregoing, it is possible to formulate the directions in which it is necessary to change the current legislation on public procurement:
1. Introduce the concept of quality products and services;
2. Make requirements for firms that can participate in the auction;
3. Avoid situations of time shortages (just freezing money in the treasury accounts for projects that were not completed this year so that it would not be tempting to sign acts before the delivery is completed or services are fully provided).
4. To keep a register of not only the black list of companies, but also the black list of individuals with which these companies have been affiliated;
5. Develop separate requirements and regulations for costly and long-term projects.
A little more about the proposals.
Introduction to the concept of quality products and services
During Soviet times, there was a very large system of state standards. The standards themselves have not gone away, but somehow it is now considered to be (mainly in the ranks of lovers of fashionable clothes and white ribbons) that everything in the USSR was lousy, therefore, the guests were lousy. At the same time, for some reason, condensed milk persistently takes what is made according to GOST 2903-78, and not according to TU2005 ... In the photo below is a shelf with standards, seen personally at NIST (National Institute of Standards and Technology) in the fall of 2011:
A similar book on the United States is no thinner ...
Somehow, it is probably necessary for state procurement to indicate compliance with state standards for most goods. Additionally develop new GOSTs for the performance of works and services. Those. create a line that can measure quality and punish severely for non-compliance.
Now, of course, compliance with the State Standards in the auction documentation is indicated, but not always. And for imported technology to develop GOSTs is somehow strange. Although the requirement of compliance with national standards is a matter of course in most developed countries of the world and there is nothing wrong with that.
Requirements for firms that can participate in the auction
When I was a contractor for Motorola, I was particularly impressed with the set of CMMI (Capability Maturity Model Integration) models - a set of models (methodologies) for improving processes in organizations of different sizes and activities. If now in Russia there is an accreditation and verification system where the organization is either undergoing a test or not; CMMI divided organizations into 5 levels of maturity:
1. Initial - Unpredictable processes, poorly controlled. processes appear in response to certain events;
2. Managed - Processes are defined at the project level. Often processes appear in response to certain events;
3. Defined - Processes are defined at the organization level. Processes are executed in advance;
4. Quantified - Processes are measured and monitored;
5. Optimized - Focus on process improvement.
An organization can be conditionally certified on level 1 of CMMI if it has successfully completed at least one project.
Hence, an additional zero maturity level is often introduced (when there is not a single successful project):
Interesting history of this model. At one time, the Ministry of Defense of Pindostana faced the fact that software development projects could not physically carry it out, so it was necessary to involve private subcontractors. But in defense information systems, software quality is extremely sensitive. And the question arose of how to evaluate a firm that is trusted by a government contract, whether it will be able to meet the budget, hand over the project on time and at the same time provide the necessary quality indicator of the product. The development of the assessment methodology was commissioned by the Defense Ministry of Pindostana Institute for Software Engineering (Carnegie Mellon University). In general, those firms that are certified up to level 5 can safely trust any budgets and projects, and those. those who are certified on level 1, only small, inexpensive, non-critical to time and quality projects.
In addition to the existing assessment methodologies for software development companies since the 1980s, there are now methods for assessing the level of maturity of organizations for services and for procurement (CMMI for Development, CMMI for Services and CMMI for Acquisition
respectively).
My proposal is to create on the territory of the Russian Federation similar methods with estimates of the maturity of organizations. The assessment must be made for firms wishing to sell goods or provide services to the state, say once in 2-3 years. And in the requirements for the auction documentation for the procurement directly indicate what level of maturity of the company may participate in a particular tender. For example, if it is necessary to quickly put paper for a municipality on 100,000 rubles, then companies of the first level of maturity (at least once performed the delivery for someone). If it is necessary to work with medical equipment, then the level of maturity should be higher than 3. If these are military orders, then not lower than 4 levels, etc.
The evaluation commission for the evaluation of organizations at similar levels of maturity, in my opinion, should consist of both government representatives and independent experts. The mark is put on the minimum of all appraisers for each of the parameters.
If this practice is commonly used, then it will be quieter to engage in large projects, and firms will also value their reputation.
UPD: Comment from the only in Russia certified leading appraiser and instructor in CMMI, Alexander Kondakov, for this item of proposals:
“In general, those firms that are certified up to level 5 can safely be trusted with any budgets and projects, and those who are certified for level 1 are only small, inexpensive” - there was no such task: to create a certification system (and to the first level no one certifies "). The tasks of developing models were different. The levels displayed (and display) in some way what “style” of work (services) is used. Theoretically, yes, this is a characteristic of the predictability of the result. From here, of course, the customer’s desire to “get hold of” in suppliers of someone with a level with a higher figure.
The CMMI model (any) is not an “assessment methodology,” this process development guide is nothing more. This is a big “hint” - what to do. For the assessment itself ("certification") there is another method.
“The evaluation committee should consist of both representatives of government agencies and independent experts.” - There have never been any requirements for government representatives (except in specific cases from the customer).
“My proposal is to create similar methods on the territory of the Russian Federation with estimates of the maturity of organizations.” Theoretically, I agree that this would be useful (and I would like something similar to be). However, our realities ... Once I was informed that one of our departments included in the conditions of a tender the requirement of a third level and above. Soon, however, suddenly this condition disappeared. The formal explanation: in Russia there are no system integrators (suppliers of complex solutions that include software), with any level at all.
UPD 2: Availability of licenses for certain types of activities, availability of SRO tolerances and other supporting documents are now practiced in auction documentation. But a direct causal connection between the availability of licenses with tolerances and the quality of the work performed / services has not yet been observed.
Avoid situations of time pressure
Here it is necessary to make changes to the budget legislation. Somehow to freeze funds for a reasonable period (2-3 months) in order to give an opportunity to complete projects started late and at the same time secure both the customer and the contractor.
Precedent created for federal universities. They don’t transfer their money, which was not spent at the end of the year, to the treasury accounts, and do not lose funding for these amounts next year.
UPD: The number of accountants in Russia has exceeded a huge number - more than 5,000,000 people have already been representatives of this profession . This figure was voiced by the Director of the Corporate Center of RUSAL, Oksana Nazarova, as part of the Russian Business Week organized by the Russian Union of Industrialists and Entrepreneurs.
Changes in budget legislation have matured a long time ago. At least you can already for a long time abandon the invoice ...
Register not only the black list of companies, but also the black list of individuals
It's not very obvious. But the trend is as follows: if new horns-hooves can be created at least 100 per day, then the people who stand behind them are usually a finite number. And the cessation of the activities of the state with all legal entities related to a specific fraudster physical person can significantly improve the economy.
UPD: At the moment, it is possible to get into the black list of unreliable suppliers only for a maximum of 2 years and only if the company won the bidding, but refused to enter into a state contract. And then you have to try hard ... After the signing of the state contract, the Civil Code of the Russian Federation begins to operate and the state contract is considered to be an ordinary contract between legal entities. Even if the company has not fulfilled its promises, then it will not be blacklisted, but will be suing her within the framework of current legislation.
Develop separate requirements for costly and long-term projects
And here, just, everything is obvious. Different requirements and approaches should be for purchases in the framework of projects to launch spacecraft and for projects for the purchase of food for kindergartens in remote areas of Primorsky Krai.
An example of separate requirements for expensive projects is the adoption of separate federal laws in preparation for the APEC 2012 summit in Vladivostok and preparations for the Winter Olympics in Sochi. There the builders were not selected according to the results of the competition, but were appointed by decree of the President of the Russian Federation.
UPD: Now, according to the law, there are separate requirements for procurement projects that exceed either the amount of 50 million rubles, or procurement is carried out for the needs of the country's defense. In such a case, it is possible to write quality requirements or more specific requirements for supplier firms in the technical task. But somehow these things are little used because of the recommendatory nature of the law.
These are my indiscreet proposals to improve legislation in the field of public procurement.
Legal methods of circumvention of the law on public procurement
In conclusion, I want to write about some of the legitimate methods of circumventing the requirements of 94 FZ "on public procurement".
In theory, employees of procurement departments of municipalities or state-owned enterprises should independently write technical specifications for procurement. But we do not believe in supermen, especially in the positions of civil service specialists. For the people there work quite ordinary, with typical vices of ordinary people.
The most common option is when representatives of the municipality or state-owned enterprises, when the need arises in procurement, contact a proven company and ask this company to prepare the TK for certain goods or services.
However, any adequate company will not work for free. If you want to work for free for 40-80 hours a week, you can write to me, I will find work for you within 60 seconds. :)
Therefore, firms usually offer, in response, to include in the TK any tricky characteristics of a product or service that only this firm can provide in order to have at least some guarantee that the work on writing TK will be paid.
From here there are quite interesting characteristics:
1. For example, cars with some very rare salons;
2. Computer equipment with additional boards that are not sold anywhere in the territory of the Russian Federation, and, in general, they do not affect the work, but are indicated in the TK, and it is necessary to supply equipment with these boards;
3. Some unique building materials or technologies that most have never heard of;
4. Works subject to compulsory licensing and SRO approvals ...
The second common option is when a sufficiently large company, at the request of a municipality or state-owned company, performs work or supplies goods in advance, then a TK is compiled, and strict acceptance methods are described, and strict expiration dates that no one is able to fulfill are specified in the TZ. For example: to perform repairs in an area of ​​2000 square meters. m with the dismantling of the floor, ceiling and re-install them, with the deadline indicated 48 hours. Or making a portal of a municipality in 1 day with filling it with content and pairing, for example, with SMEV. This method is completely legitimate (not contrary to the requirements of 94 FZ), but very risky, because Often, one-day firms take the job for such tight deadlines for little money. In this case, litigation can last for years, to nothing without bringing in the end.
The third option is the creation of joint-stock companies, 100% of whose shares belong to the municipality or state-owned companies. At the same time, a large share capital is created for the money of the municipality, and the municipality can receive profits in the form of dividends. After such a joint-stock company has been established, it is possible to carry out fairly large and complex projects through it, since there is no need to follow 94 FZ. For example, this is how Nash Dom Primorye OJSC works, where 100% of the shares belong to the Primorsky Territory administration. At the same time, Our Home Primorye owns the land for the gambling zone, it owns two five-star hotels in Vladivostok: Hyatt Regency Vladivostok - Golden Horn and Hyatt Burny Vladivostok. , , .. , , .. .
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Source: https://habr.com/ru/post/150894/
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