What is public procurement. State order: essence and rules. Where is information about ongoing purchases posted

Hello, dear readers of the ABC of Tenders online school! From this article you will learn what public procurement is and what they are for, as well as what types of public procurement currently exist. This topic is so popular in the business environment that only the lazy, probably, did not write on their website about what government purchases are.

We not only know what it is, but we also successfully train our clients to participate in both government and commercial procurement. Therefore, we consider it our direct duty to disclose this topic in as much detail as possible on the pages of our school. Well, let's get down to studying ...

Public procurement: definition of the concept

State procurements (abbreviated government purchases ) - procurement (purchase, purchase) of goods, works or services for government or municipal needs.

As you understand, our State is such a huge "organism" that regularly needs various goods (works, services), from the purchase of paper clips to the construction of large industrial facilities.

In order to meet these needs, state and municipal customers regularly conduct different kinds procurement among suppliers (procurement participants) in order to purchase goods (work, services) on the most favorable terms.

The supplier (procurement participant) who meets all the customer's requirements and offers the best conditions is recognized as the winner, with whom the contract is concluded.

The supplier receives the money, and the customer receives the goods (work, services) he needs.

However, I would like to note that the attitude of suppliers to public procurement is ambiguous. Many of the suppliers have heard about this line of business, but do not dare to try their hand, fearing to work with the state.

Others, having taken part in several purchases and not getting the desired result, flatly refuse to further attempts. And still others, on the contrary, consider government procurement to be an excellent "tool" for increasing their order book and expanding the sales market.

What are government purchases regulated by?

State purchases are regulated by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Budget Code of the Russian Federation, Federal Law No. 44-FZ, as well as other Federal Laws.

The main regulatory document is an the federal law No. 44-FZ of 05.04.2013 "On the contract system in the procurement of goods, works, services to meet state and municipal needs."

Therefore, if you seriously decide to master the topic of public procurement, then you need to start your training directly from studying 44-FZ. This is a kind of "primer", without which you will not be able to participate in purchases.

Where to look for information on ongoing public procurement?

According to the requirements of Article 4 of 44-FZ, all public procurement must be placed in a single information system (abbreviated EIS).

The official website of the unified procurement information system is www.zakupki.gov.ru. All information contained in the EIS is publicly available and provided free of charge.

Those. in order to find information about all the public procurement carried out, you just need to use the site zakupki.gov.ru.

Types of purchases under 44-FZ

Federal Law 44-FZ provides for 11 types of purchases, with the help of which Customers can purchase the goods (work, services) they need.

Procurement can be carried out in two ways: with tendering (competitive) and without tendering (non-competitive).

Let's start by looking at competitive purchasing methods. Competitive purchases, in turn, can be both open and closed.

Competitive types of procurement (open):

• electronic auction;
• open competition;
• limited participation competition;
• two-stage competition;
• request for quotes;
• request for proposals.

Competitive types of procurement (closed):

• closed auction;
• closed competition;
• closed competition with limited participation;
• closed two-stage competition.

Non-competitive purchases only include purchases from sole supplier (performer, contractor).

Statistics from the official website of the EIS for 2016 indicates that the most popular public procurement methods today are: electronic auction (over 57%), open tender (over 13%) and purchase from a single supplier (performer, contractor) (more than 22%). They account for the lion's share of all purchases in Russia.

We will talk in more detail about each of the 11 types of purchases in our next issues.

Our state was, is and will be the largest and most solvent consumer. If you are an active entrepreneur or plan to become one, then it is worth looking at government procurement as one of the tools to increase the number of orders and expand the geography of your business.

Benefits of participating in public procurement:

1. No need to spend money on advertising, which is not the case in any other type of sales;
2. There is no need to attract a huge number of people (at the initial stage, one person will be enough);
3. Most of the public procurement is carried out electronically. What expands the market for your goods (works, services);
4. You can predict in advance the demand among customers for your goods (works, services);
5. Low competition;
6. You can start at minimal cost.

That's all for today. If you still have questions, you can ask them below in the comments to this article.

State procurements (abbr. government purchases; in English. government procurement, public tendering, public procurement) is the purchase of goods, works and services for the needs of the state at the expense of budget funds. Procurement can cover all areas of the market, it can be the purchase of medicines, and the purchase of cars, and construction. To avoid corruption in procurement, it is customary to carry out them according to a certain scheme.

Basic principles of public procurement in Russia

The main criteria for public procurement are the following:

• Fairness and equality in relation to bidders... All suppliers who take part in the competition are provided with equal rights, opportunities to participate and equal access to information.
• Openness and transparency... The state customer is obliged to publish all information about the course of the bidding on the public procurement website and give notice to the media about the events related to procurement.
• Effective use of public funds.Goods and services should be purchased at the lowest possible cost. Practice shows that already now, thanks to the open placement of orders on the public procurement website, it is possible to optimize budget expenditures.
• A responsibility... There should be strict reporting on public procurement and justification of the reasons why this or that contractor was selected. In the event of collusion, both parties will be held liable, and the contractor is included in the register, where unscrupulous suppliers are indicated. Control over the tender is carried out by the FAS.

Public procurement procedure in Russia

Official sites

In accordance with the current legislation, public procurement is carried out in the form of tenders (open tenders). All information about upcoming, current and completed tenders should be posted on the public procurement website. Each region of the country has its own website. All sites are designed the same way, making it easier for suppliers to find. The information on the site is open to everyone, it is constantly updated and should always be up to date.

On the site where the competition was held, the organizers must publish the lists of participants, announce the results and name the winner. To achieve transparency, the amount of contracts awarded and savings are indicated.

Ways of placing public procurement

Purchase orders can now be placed in a variety of ways: tenders, e-tendering, requesting quotes, or purchasing from a single supplier.

In addition, there are one-stage and two-stage tenders. In the course of a one-stage tender, the requirements for public procurement remain unchanged. Some changes may occur during the two-stage tender. At first, negotiations with suppliers are carried out and only at the second stage the exact requirements for supplies are formulated.

Conducting open auctions in electronic form

Electronic auctions are of increasing interest. This method does not require large funds and is easy to implement. As a result of the auction, maximum transparency in the choice of the supplier is achieved, because the state customer does not know who is offering certain conditions. Suppliers receive encrypted names through the government procurement website to maintain anonymity.

This method has several advantages. Firstly, there is no need to develop documentation, information about tenders is already contained on the site. Secondly, government purchases can be carried out as soon as possible. And thirdly, maximum cost savings are achieved.

When the winner of the tender has been determined, the terms of the contract must be clearly negotiated. All concluded contracts are included in the register posted on the public procurement website.

Most of the tenders in Russia are conducted by the state through the public procurement system. The volume of government purchases is over 40 trillion rubles a year.

Government purchases for dummies

Public procurement is an abbreviation for public procurement. These are purchases of goods, works or services carried out government agencies, organizations, ministries, departments and state-owned companies according to specially defined procedures.

The purpose of public procurement is to meet the needs of government customers in goods, works and services, to save the budget, and reduce abuse. For this, a whole system of legislation has been invented, called the contract system.

Public procurement is competitive when a supplier, contractor or executor under a government contract is determined in the course of competitive procedures conducted in various forms and aimed at choosing best offer... They involve an average of 3 potential suppliers.

There is a non-competitive form of public procurement - a purchase from a single supplier, when a government contract is concluded without competition, that is, in the absence of a choice from several possible options.

Types of government procurement

Public procurement takes place in the form of an auction, competition, request for quotations, request for proposals and others.

• Public procurement mechanisms are defined in legislation, government decrees
• The very concept of tender is not officially used in the public procurement system
• The term “procurement” is used, their combination is called the contract system
• Government purchases are carried out on a competitive basis and are designed to save money for government customers

Public procurement - we start and win

Do you know the expression "Supplier of the court of His Imperial Majesty"? This title was received by merchants who constantly supplied goods for the imperial needs. It was a great honor to be a supplier to the court, this status spoke for itself and served as the best guarantee and advertising of goods and services.

It was very difficult to get the title of supplier of the yard. Just to apply for it, the merchant had to deliver goods or work to the court "at relatively low prices" for 10 years own production, have no complaints from consumers, participate in industrial exhibitions. At the end of the 19th century, there were only about 40 suppliers to the yard, and among them were not only Russian merchants, but also foreigners.

Today's applicants for supplies for state needs are much easier, although, of course, they will have to try to get such an order. But still, any businessman has a chance to get a state order.

Are you going to participate in public procurement? Open a checking account with a reliable bank. Many banks offer profitable terms on opening and maintaining a current account. You can get acquainted with the offers on our website.

What is government procurement?

State procurements is a system for placing orders for the supply of goods, performance of work or the provision of services for municipal or state needs. State purchases were introduced by the law of July 21, 2005 No. 94-FZ, which became invalid on January 1, 2014.

Now the public procurement procedure is regulated by the law dated 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", but on some electronic trading platforms there are still references to Law No. 94-FZ. Such contract system presupposes a competitive selection of suppliers of goods and services, which allows the state to obtain the most favorable conditions for supplies and reduce corruption in the field of public procurement through the system of kickbacks, although, of course, it is too early to talk about its complete eradication in this area.

The range of state or municipal orders is very wide, among them there are many small ones, not exceeding 1 million rubles. This makes it possible to participate in public procurement not only for large suppliers, but also for small businesses, including individual entrepreneurs. For suppliers who are and socially oriented non-profit organizations, there is a special quota - at least 15% of the total annual volume of public procurement, customers are required to do from them (Article 30 of Law No. 44-FZ). The number of state and municipal customers on the official websites exceeds 250 thousand, every day hundreds of new orders for hundreds of

Where are government purchases carried out?

Suppose you are doing construction works, as of 01/04/2019, 1,581 trades were opened for this position.

By clicking on one of the ads, you can go to the page of the auction itself, which contains full information about its holding.

Procurement methods under 44-FZ

Article 24 of this law gives the concept “ how to identify the supplier”, That is, how exactly government purchases can take place. These methods are divided into competitive and non-competitive. Non-competitive methods include purchases from a single supplier (contractor, performer), and competitive ones have the following classification:

With open methods of public procurement, information about them is communicated by the customer to an unlimited number of persons, and uniform requirements are imposed on the procurement participants. Closed methods of determining a supplier is the sending of invitations to participate in a tender or auction to a limited number of people who meet the customer's requirements.

Closed methods are used in the following cases:

• information on public procurement is a state secret;
• a contract is concluded for services for insurance, transportation and protection of valuables of the State Fund, museum items and museum collections and other items of great historical, artistic or cultural significance;
• a contract is concluded for cleaning services and driver services to ensure the activities of judges and bailiffs.

Today, the most popular ways of conducting public procurement under 44-FZ are electronic auction, open tender and purchase from a single supplier. For example, let's take a look at how an electronic auction is going.

Stages of an electronic auction

1.Get an electronic signature

An obligatory condition for participation in the auction is the presence of an electronic signature. You need to get it at an accredited certification center, read more about this in the article.

2.Get participant accreditation

For participation in electronic bidding the participant must be accredited at the site. Scanned documents must be attached to the accreditation application.

For legal entities this:

• extract from the Unified State Register of Legal Entities and copies of constituent documents;
• copies of documents confirming the authority of the head;
• power of attorney to perform actions on the site on behalf of the participant;
• a decision on the approval or execution of transactions based on the results of an electronic auction, indicating the maximum amount of such a transaction.

Individual entrepreneurs submit a copy of an extract from USRIP and a copy of identity documents.

3.Provide an application for participation

Bid security is a prerequisite when participating in an auction. This is, in fact, a collateral in the amount of 0.5% to 5% of the contract amount, which is blocked on the participant's personal account. The application can be secured in the form, and some sites offer loans for these purposes.

The block is removed, that is, the amount of the deposit is returned if:

• the application was withdrawn by the participant before the deadline for submitting applications;
• based on the results of consideration, the application was rejected;
• the second part of the application was found to be inappropriate;
• a contract was signed with the participant at his request.

The security deposit is not refundable if the participant, recognized as the winner, avoided concluding the contract or if the second part of the application was declared inappropriate for the third time within one quarter.

4.Submit an application for participation

The application is submitted on the site through a special interface. The application consists of two parts. The first part of the application includes only the consent of the participant and information about the goods, works, services offered for delivery. To ensure anonymity, the first part does not contain information about the name of the participant.

The second part of the application includes:

• TIN and name of the organization or full name individual entrepreneur with indication of passport data;
• documents confirming the compliance of the auction participant with the requirements of Article 31 of Law No. 44-FZ (the participant must not have tax and duty arrears, convictions for economic crimes, conflicts of interest between the procurement participant and the customer, etc.);
• copies of documents confirming the compliance of the goods, work or services with the requirements established in accordance with the legislation of the Russian Federation;
• a decision to approve or complete a major transaction;
• documents confirming the right of the auction participant to receive an advantage (for institutions of the penal system and organizations of persons with disabilities);
• declaration on the participant's belonging to small business entities or socially oriented non-profit organizations.

Operator of electronic trading platform transfers to the customer the first parts of the applications, which he must consider and admit to trading, or, conversely, reject. Admission may be denied due to inaccurate information about the product, work or service required by the auction documentation, or even their absence.

5.Participation in electronic trading

At the appointed time, the participant enters personal Area on the site and submits its price proposals. The auction takes place in two stages:

1. Trading stage (regular time). Participants' bids are submitted within the auction step (0.5% - 5% of the initial maximum contract price), as well as regardless of the "auction step", provided that certain requirements... The time for accepting bids is 10 minutes from the start of the auction, as well as 10 minutes after the receipt of the last bid on the contract price.
2. Closing stage. At this stage, bids can be submitted by all participants in the auction, except for the one that offered the best price or the same at the bidding stage.

6. Signing a contract with the winner of the auction

The winner receives from the customer a draft contract, which must be considered and signed by his electronic signature or send a protocol of disagreements (if errors or inconsistencies with the requirements of the auction documentation and legislation are found in the draft contract). If the contract was not signed or a protocol of disagreements was not sent within the specified time period (no more than 13 days), then the customer is automatically notified of the participant's evasion from concluding the contract. In this case, the amount of the security application is not returned to the auction participant.

Where to get training in the public procurement procedure?

Law No. 44-FZ is not only voluminous (about 180 pages in Word format), but also difficult to understand, so it is problematic to master the public procurement procedure on your own. We have already said above that on state sites information is published in the form step by step instructions... You can complete a full-fledged training, but for a certain amount, in a special "Sberbank-AST".

In addition, a Unified State Order Center has been created in Moscow, within the framework of which representatives of small and medium-sized businesses can receive free information supportwhich includes:

• seminars, round tables, forums, face-to-face, correspondence and on-line consultations;
• a set of teaching materials, memos, instructions.

If our article helped you understand the public procurement procedure, please share it with your friends - let it help them too. We will be very pleased!

Introduction

The relevance of this topic is due to the fact that in the modern economy, the public procurement system is an obligatory element of the management of public finances and other resources of the public sector of the economy and is designed to perform not only the functions of meeting public needs, but also functions state regulation economy.

The imperfection of the public procurement system becomes the reason for the low degree of efficiency in the use of budget funds and the effectiveness of measures in the field government controlled... Application of information and communication technologies in the field of public procurement of goods (works, services) for the needs of subjects Russian Federation and municipalities allows you to eliminate existing shortcomings.

Implementation of automated information systems e-procurement for state regional and municipal needs, ensures the improvement of the procurement procedure by automating all stages and working stages of the planning, formation and implementation of procurement, as well as the functions of analysis and control of their implementation.

The transparency of the procurement mechanism at all stages and levels makes it possible to prevent the reduction of budgetary expenditures when purchasing products for state needs and to increase economic efficiency work executive bodies state power.

The public procurement market is an essential element of social economic development countries, and the system of state orders itself is increasingly becoming one of the fundamental institutions of state regulation of the economy, which has a significant impact on its dynamics and structure.

government procurement canada order

Purpose of the work: to study the public procurement system as an integral part of public regulation, contributing to an increase in the efficiency of public resource management in the modern Russian economy, based on information technologies used in the public procurement system.

For achievement specified purpose the following tasks are highlighted:

1.investigate theoretical basis state and municipal orders;

2. to consider the international experience in public procurement from the point of view of improving mechanisms and procedures that contribute to the growth of savings in public funds;

3. to analyze the current information technologies of the mechanism of state and municipal orders of the Russian Federation;

4.to identify the main areas of improvement information support mechanism of state and municipal orders.

Theoretical foundations of public procurement

PUBLIC PROCUREMENT - a part of goods and services produced in the country or abroad, purchased by the government, state bodies at the expense of funds state budget... Such purchases are carried out by the state for its own consumption needs (purchases of equipment, weapons) and in order to ensure consumption by the population and reservation (for example, government purchases of grain and food).

In a socially oriented economy, public procurement is also one of the most powerful and effective instruments state policy in solving such important tasks as: ensuring the unity of the economic space, developing markets and preserving competitive environment, support of regions and population groups, development of certain market entities and sectors of the economy, preparation of public administration of the economy in terms of membership in the WTO.

Ideally, government procurement serves several important purposes. First, they should save budgetary funds, since they are carried out on a competitive basis and at wholesale prices, because they are carried out in significant volumes. Second, they cover the shortage of certain goods, allowing the government to exercise a regulatory function in the market. For example, in the event of a crop failure, provide the country with basic food products (grain, sugar, cereals, etc.), and agriculture - a relatively inexpensive seed for the next year.

Third, public procurement enables vulnerable categories to receive affordable or free medicines. Such care is extremely important for patients whose lives depend on regular medication. Fourthly, this procedure allows the government to significantly support the national producer, guaranteeing him the sale of the manufactured products.

However, the process of centralized procurement of goods for the needs of the country, which is financed by the budget, is far from ideal. Despite the fact that it is constantly being improved (only in April of this year, the next edition of the law No. 44-F3, which regulates this activity, was adopted), there are many nuances. These are extremely complex regulations, from the collection and submission of documents to the procedure for appealing the results of the competition, and delays in financing, which often make the concluded contract unprofitable for the supplier, and much more.

And most importantly, public procurement is subject to abuse and regular violations of the law. These facts, as well as low efficiency of work, raise the question of society - is such a procedure needed at all, at least in the existing format.

Public procurement is not only an ordering process, but also a tool for building a policy for the government to perform its functions:

protection (MIC),

food security (AIC),

energy security (FEC),

social sphere (education, healthcare, science, culture),

protection and conservation of natural resources

The developed mechanism of public procurement makes it possible to more effectively and more fairly use the potential of private entrepreneurship, societies of people with disabilities, enterprises in small towns, etc. in the implementation of state orders, which contributes to ensuring the sustainability of economic development, accelerated and balanced solution of urgent tasks of socio-economic development.

The effectiveness of national economies is determined, to a significant extent, not only by the ratio of the shares of state and private forms of ownership, but also, first of all, by the level of competition between economic entities, including competition for the fulfillment of state orders.

For this purpose, competition organized by the state in the field of public procurement is focused on ensuring the following development factors:

Development factors

equality of opportunities in obtaining government orders and avoiding leveling, which ultimately generates a spirit of dependency),

the growth of the state importance of private business and private property (righteously earned), as conditions that mobilize collectives and each individual, improving quality work force, that is, the conditions of everything without which there can be no dynamically developing and prosperous economy (we can say that in modern conditions if there is no fair competition, then there is no full-fledged state),

a harmonious combination of the norms of private property with the ideas of collectivism implemented by the state in solving the problems of social and economic development.

The public procurement mechanism solves the problem of attracting resources for accelerated economic growth and social development. At the same time, it is important to take into account that not only the rates of economic growth are important for sustainable and harmonious socio-economic development, but also the creation of conditions for solving such important tasks as:

achieving social and technological homogeneity of the country's economic space, - reducing the differentiation of the standard of living by income groups and between different regions, - converging the technological level of production in different sectors of the economy, - increasing the socio-technological homogeneity of the economy

Currently, especially during the economic crisis, government orders are one of the most important ways of government support for businesses, including small ones. Receipt of a state order by an enterprise for the supply of certain products or the performance of services for an enterprise means a guarantee of the sale of manufactured products, as well as a one hundred percent guarantee of payment for the obligation fulfilled by the enterprise. It is also worth noting that receiving a government order for small or medium-sized businesses is a powerful incentive for the production of better quality products. In addition, a state order placed on a competitive basis is one of the most effective tools for purchasing products for state needs; this method of procurement allows you to identify the most effective ways spending budget funds, find more profitable options for placing a government order, combining an acceptable price and required quality products or services. The mechanism of state order allows us to satisfy the state needs for goods, works and services in the specified volumes and with the required level of quality, ensuring stable economic relationships with the participation of the state as an economic entity.

Public procurement is an object of analytical calculations and government leadership. Public procurement is a delicate legal and complex organizational procedure that requires significant material and human resources (in developed countries the number of specialists organizing the procurement process ranges from 3 to 6% of total employees of government agencies and enterprises).

In theory and practice of public procurement, it is important to consider the procurement cycle, which includes three processes:

formation of an order,

placing an order,

execution of the order.

In the law, the order placement process has the greatest regulatory support. However, in order to increase the efficiency of public procurement, it is important to pay special attention to the stage of order formation, on which, according to experts, up to 60% of the procurement efficiency depends. Formation of an order involves such activities as defining and justifying purchases, consolidating them, conducting supplier market research (marketing), optimizing purchases and deliveries of products in time and place (planning). Consequently, the legislation should define norms that clearly and procedurally regulate the formation of an order, including the initial contract price. At the same time, provisions for assessing risks (financial, insurance, etc.) for suppliers and consumers and procedures for their analysis and mitigation should be determined. At the same time, it is important to ensure the competition of suppliers (which will lead to a decrease in the transaction price) and the motivation of representatives of state customers to this work (both material and moral). The procurement information system plays a critical role in placing an order. The generally accepted standards and the experience gained by many countries in this matter indicate that the mechanism of transparency in public procurement directly depends on the ability of the state to ensure the availability of information on procurement through state information Internet resources and printed editions... As a rule, information about public procurement is placed in the public domain. It should be noted that the transfer of powers to control the publicity of the public procurement process to commercial or public structures is extremely inappropriate. The finances that form the budgetary mass of the country, which in the future will be turned into a state order, have a tax nature, therefore, it is fundamentally important to ensure the transparency of public procurement at all stages of their implementation. World experience demonstrates the advantage of state control over public procurement. The execution of the order involves the control by the customer of the fulfillment of the terms of the public procurement contract - both in terms of quantitative and qualitative indicators.

The public procurement methodology is a certain set of organizational measures and technologies for their implementation. The main purpose of the methodology is to increase the efficiency of government order execution.

The methods of organizing and conducting public procurement differ depending on the subject of the procurement (especially in terms of services: construction services, consulting, etc.), and also depend on the degree of development of the information infrastructure in a particular country (the possibility of informing about procurement, electronic marketing and electronic auctions, contract documentation systems, etc.).