Stages of development of the procurement system in Russia

MINISTRY OF CULTURE OF THE RUSSIAN FEDERATION

FEDERAL STATE BUDGET EDUCATIONAL INSTITUTION OF HIGHER EDUCATION

“SAINT PETERSBURG STATE INSTITUTE OF FILM AND TELEVISION”

Department of Project Activities in Cinematography and Television

ESSAY

in the discipline “Management of state and municipal orders”

on the topic: “Planning public procurement”

Performed:

student gr.347

Belinskaya A.V.

Checked:

Art. teacher

Kholodkova K.S.

Points______________

“___” _________ 2016

St. Petersburg

Content

Introduction…………………………………………………………………………..3

1. Stages of development of the procurement system in Russia………………………………4

2. Organization and tasks of procurement planning…………………………….9

3. Procurement plan and procurement schedule…………………………………….10

4. Similarities and differences between schedules and procurement plans……………….15

Conclusion………………………………………………………………………… 18

List of used literature…………………………………………19

Introduction

Planning is one of the main and integral elements in any business and economic activity. From the daily life of citizens to any economic activity of the state, planning is aimed at the effective satisfaction of basic needs.

Procurement planning is one of the most important tasks of an institution when purchasing goods, works, services for state or municipal needs. Procurement planning methods are disclosed in this work.

The relevance of the stated topic is confirmed by the ongoing qualitative changes in the public procurement system of the Russian Federation, as well as the modernization of the mechanisms for interaction between the state and business structures.

The purpose of this work is to consider procurement planning to meet state (municipal) needs in Russia.

Work tasks:

· consideration of the main stages of the development of planning in Russia;

review of the procurement planning organization;

study of the procurement planning system;

· conducting a comparative analysis of the procurement plan and the schedule plan.

Stages of development of the procurement system in Russia

The procurement system for state and municipal needs is a unique tool through which the interaction of authorities, state enterprises, corporations with entrepreneurial and commercial structures takes place. At the legislative level, the task is to build this interaction in such a way as to provide a component of bilateral competitiveness: on the part of the authorities and on the part of business.

The competitiveness of a business is those consumer properties of a particular product (service) that differ from a similar product (service) of a competitor in terms of the degree of compliance with social needs.

Competitiveness of regions of the same level means that they compete for providing the basic conditions for the functioning of business structures in their territory. Business entities, other things being equal, choose the region in which the optimal level of compatibility of such factors has been reached, the nature of which is either objective (natural resources) or subjective (institutional factors).

Based on the totality of these properties, the authorities determine the business structure that best satisfies regional needs on mutually beneficial terms. Ensuring this bilateral competitiveness through a systematic approach to each stage of procurement improves their quality and efficiency.

The planned nature of the budget is historical from the moment of its inception in the middle of the 19th century, and is inextricably linked with the plans for the development of the national economy, social sphere, education, science, culture and other spheres of state activity.

Many experts identify 3 main stages in the development of the procurement system in Russia (since the beginning of the 90s of the last century) [5, c.251]:

1. Early 90s – 2005;

2. 2006 -2013;

3. from the beginning of 2014 to the present.

The first stage (early 90s – 2005) is characterized by the active development of legislation in this area. In the normative legal acts adopted during this period, certain attention was also paid to the planning of state needs (municipal purchases were not singled out). In accordance with the legislation, customers had to solve the following issues:

– what should be purchased for state needs (nomenclature);

– quantitative and qualitative indicators of products;

– the amount of funds allocated for these purposes.

At that time, there were:

– lack of proper information on procurement (all information was placed on paper, with a large backlog);

– insufficient control;

– low level of professional training of specialists;

– lack of measures of legal responsibility for offenses in the area under consideration.

The second stage (2006 – 2013) of the development of the domestic procurement system is associated with the entry into force of the Federal Law of July 21, 2005, Federal Law No. 94 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” [1]. This Law provided for uniform rules for placing orders for the state and municipal levels (municipal purchases began to appear as a category of purchases). A single official website of the Russian Federation was introduced on the Internet to post information about placing orders for the supply of goods, performance of work, and provision of services. This affected, first of all, issues related to the range and volume of purchased goods.

After the appearance of this information resource, the attention of the state turned towards state and municipal procurement.

Russian society has received maximum access to information on procurement at various levels.

However, this openness has a downside. Thus, in particular, it turned out that excessively expensive goods (furniture, chandeliers, cars), services for holding expensive festive events, etc. act as the subject (object) of purchases. Thus, issues of nomenclature, including the introduction of the institution of procurement rationing, increasingly became the subject of criticism.

Legislation supplemented the Law on Placement of Orders with a rule on the need for the customer to justify the initial (maximum) price of the contract.

Dissatisfaction with the current state of affairs in this area has led to an update of the legislative framework.

The third stage (from the beginning of 2014 to the present) from January 1, 2014, the new Federal Law No. 44 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (hereinafter referred to as the Law) came into force, which defines additional public procurement planning tools [2]. This law fixed the course towards the formation of a contract system in Russia. In contrast to the previous basic legislative act – the Law on Placement of Orders, special attention directly in the Law on the Contract System itself is paid to planning issues. Particularly important, within the framework of the law, was the transition from the concept of “state order” to the concept of “public procurement”. The term “order” is more of a planned-administrative nature, which is a negative factor in the development of elements of a market economy, while “purchases” imply relations between a supplier and a customer, built on the principles of perfect competition. In accordance with the provisions of Article 1 of the Law, its effect extends to relations aimed at meeting state and municipal needs, as well as improving the efficiency and quality of procurement. The same article of the Law highlights the main stages that are key factors in improving the quality of public procurement. Among them, the procurement planning stage is highlighted. Planning is the starting point in meeting state and municipal needs. Qualitatively planned needs of customers, fixing these needs in an approved form, advance planning of volumes and terms of purchases are the key to the successful functioning of the contract system. Through planning, the basic principles enshrined in the Law are implemented. Chapter 2 of the Law under consideration is devoted to procurement planning issues. In Art. 17 of the Law on the contract system refers to procurement plans.

Speaking about planning the activities of the customer in the field of procurement to meet state and municipal needs, first of all, it should be noted that the very process of planning the procurement of goods, works, services by state and municipal customers is determined by the fundamental goals and principles of Federal Law No. 44. Therefore, planning is aimed primarily to improve the efficiency of the use of financial resources and the effectiveness of procurement, ensuring publicity and transparency of procurement, as well as preventing corruption and other abuses in the field of procurement to meet state and municipal needs.

From the beginning of the entry into force of Federal Law No. 44, that is, from January 1, 2014, to the present, when planning their procurement activities within the framework of the law on the contract system, customers are obliged to form a single document reflecting the customer’s needs for goods, works, services, and also containing the expected timing of the procurement. It’s about the schedule.

Thus, three main stages in the development of procurement planning in Russia were identified and studied.

2. Organization and tasks of procurement planning

The state legislated the high importance of procurement planning and introduced increased requirements for this stage in the Federal Law of April 5, 2013 FZ No. 44 [2]. According to the current legislation in the field of procurement, planning, like other stages of the procurement process, is subject to mandatory regulation. At the same time, the approach to planning and organizing procurement is seriously changing. Their result directly depends on the initial stage of purchases. Thus, the existing need should determine the amount of funding, and not vice versa. The tightening of requirements is in line with the main objectives of the law on contract procurement. This is an increase in the efficiency and effectiveness of procurement, the exclusion of abuses, in particular, corruption. Related to these goals are the tasks of public procurement planning.

The need for planning and its objectives can be illustrated by an example. Suppose the institution does not pay due attention to the planning and organization of procurement. What can the customer expect in this case? Low quality products. If you postpone the development of the terms of reference until the last moment, you can miss important points that characterize the necessary products [7].

Exclusion of unreasonable expenses.

If the initial (maximum) price of the contract is calculated “in haste” and is too high, the purchase will be economically inefficient.

Decrease in canceled purchases.

If violations are made during the organization of the purchase, it can be canceled. Then you have to build the process from the very beginning.

Exclusion of fines.

If the customer has incorrectly organized the procurement planning process, then he risks receiving large administrative fines.

3. Procurement plan and procurement schedule

Procurement planning includes the preparation, approval and maintenance of schedules and procurement plans. When forming plans, the following is carried out: justification of the purchase: the purchase must correspond to the objectives of its implementation; purchase rationing: purchased products are subject to requirements in relation to its consumer properties, quantity, marginal cost; mandatory public discussion of procurement: a number of procurements are subject to public discussion, without taking into account the results of which their implementation is prohibited.

From the beginning of the entry into force of Federal Law No. 44, that is, from January 1, 2014, to the present, when planning their procurement activities within the framework of the law on the contract system, customers are obliged to form a single document reflecting the customer’s needs for goods, works, services, and also containing the expected timing of the procurement. It’s about the schedule.

However, as you know, from January 1, 2016, the two-stage planning procedure , which is referred to in Part 1 of Art. 16 of the Federal Law No. 44. Two-stage planning is the formation, approval and maintenance by customers of two documents required for the implementation of procurement activities: in addition to the schedule, customers will have to generate, approve and place one more document on time – the procurement plan

At the same time, procurement plans must be formed for a period corresponding to the term of the federal law (municipal legal act) on the corresponding budget for the next financial year and planning period, taking into account the provisions of the budget legislation of the Russian Federation (part 4 of article 17 of the Federal Law No. 44).

Special planning rules apply to budgetary institutions that have chosen the procurement option under the Federal Law of July 18, 2011 No.
No. 223-FZ [6]. Such institutions can use flexible planning in their procurement. The customer makes a plan for only a year. Purchases listed in Part 2 of Art. 15 of Law No. 44-FZ does not need to be substantiated, and the plan can be adjusted regardless of the reasons and at any time. The institutions will develop the first procurement plans for 2016-2018. Drawing up a schedule and a procurement plan (composition, requirements for the formation, approval and maintenance of plans) is carried out, respectively, in accordance with Art. 17 and 21 of Law No. 44-FZ.

Work on the development of draft procurement plans, customers should begin this year. Due to the fact that the procurement plan, as already noted, according to budget legislation, must be drawn up for a period of three years, it must contain information on all purchases that the customer intends to make from 2017 to 2019 inclusive.

So, paragraph “a” part 4 of the Requirements for the formation, approval and maintenance of procurement plans, approved by Decree No. 1043, it is established that state and municipal customers within the time limits established by the main managers of the budget funds of the constituent entity of the Russian Federation (local budget), but no later than deadlines set by the highest executive bodies of state power of the subjects of the Russian Federation (local administrations), form procurement plans and submit them no later than July 1 of the current year to the main managers of the budget funds of the constituent entity of the Russian Federation (no later than August 1 – to the main managers of local budget funds) for the formation on their basis in in accordance with the budgetary legislation of the Russian Federation, justifications for budget allocations for procurement.

Similar, but somewhat different from the indicated terms, requirements are established for budgetary and autonomous institutions of the constituent entities of the Russian Federation

With regard to the order of the customer’s overplan-schedule, the following should be noted.

The schedule contains a list of goods, works, services intended for purchase to meet state and municipal needs, and is formed for the financial year in accordance with the procurement plans.

In accordance with Part 2 of Art. 112 of the Federal Law No. 44, the procedure and features of placement, as well as the form of schedules for 2015-2016, are defined:

1) by the joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 761 / 20n dated December 27, 2011 “On approval of the procedure for placing on the official website of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of plans – schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers” [3];

2) by joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 182/7n dated March 31, 2015 “On the features of placement in a single information system or before the commissioning of this system on the official website of the Russian Federation in the information and telecommunication network Internet for posting information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015 and 2016” (hereinafter – Order No. 182/7n), which entered into force on May 23, 2015 [4].

In addition, from January 1, 2016, the following entered into force:

1. Decree of the Government of the Russian Federation of 05.06.2015 No. 553 “On approval of the Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs, as well as requirements for the form of a schedule for the procurement of goods, works, services to meet federal needs” (hereinafter referred to as Resolution No. 553).

Decree No. 553 approved:

– Rules for the formation, approval and maintenance of the schedule for the procurement of goods, works, services to meet federal needs;

– requirements for the form of the schedule for the procurement of goods, works, services to meet federal needs.

2. Decree of the Government of the Russian Federation of 05.06.2015 No. 554 “On the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs, as well as on the requirements for the form of the schedule procurement of goods, works, services” (hereinafter referred to as Resolution No. 554).

In turn, Resolution No. 554:

– approved the requirements for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet the needs of the constituent entity of the Russian Federation and municipal needs;

Thus, from January 1, 2016, the formation, approval and maintenance of a procurement plan is the responsibility of the customer, stipulated by law.

The schedule will need to be created on the basis of the approved three-year procurement plan (part 2 of article 21 of Law No. 44-FZ). Thus, we can talk about the medium-term nature of planning. The developers of the law understood that not every customer would be able to draw up a final procurement plan the first time. Law No. 44-FZ reserves the right for institutions, if necessary, to change three-year plans already published in the unified information system. One of the reasons for making changes may be a new purchase that was not previously planned. In particular, funds for it could have been generated from savings from already completed auctions (clause 5, part 6, article 17 of Law No. 44-FZ). Also, the basis for making adjustments may be, for example, the result of a mandatory public discussion. The same rule applies to schedules. The full list of grounds for changing the approved procurement plan is determined by the procedure for maintaining this plan.

Information that customers are required to include in procurement plans and schedules includes:

– purchase identification code;

– the purpose of the purchase;

– name of the procurement object;

– description of the procurement object;

– quantity of goods;

– unit of measure and scope of work or service;

– the term and frequency of delivery of goods (performance of work, provision of services);

– the amount of financial security for the purchase by financial years or the NMCC or the price of the contract with a single supplier;

– payments planned for years;

– timing of the purchase;

– justification of the purchase;

– information on the procurement of goods, works, services that can only be provided by suppliers (contractors, performers) with the required level of qualification, or additional requirements for procurement participants;

– information about the mandatory public discussion of the procurement;

– the amount of security for the application and execution of the state contract;

– application of the criterion of the cost of the life cycle of a product or an object created as a result of the performance of work;

– banking support of the contract;

– justification of the purchase.

4. Similarities and differences between schedules and procurement plans

By next year, customers will have to prepare not only schedules, but also procurement plans. How are these documents similar and how do they differ from each other.

The procurement plan and the schedule are very similar to each other and serve the same purpose, but at the same time they have fundamental differences in structure. As conceived by the legislator, the procurement plan is a document that precedes the schedule. The information contained in the procurement plan is of a more general nature, while the schedule is designed to detail information about planned purchases. The procurement plan provides visual information about the main needs of the state, about the timing or frequency of meeting such needs and the amount of funds allocated to meet them within the limits of budget obligations, about the need for public discussion of procurement. In accordance with the procurement plans, the customers form schedules. The essence of the schedule has remained unchanged: this document still plays the role of a kind of “poster” of planned purchases, designed to provide the necessary information to potential participants in public procurement in advance. The schedule reveals the way to meet the needs of the state, the details of the procurement process and specifies information about its object, indicating the legally justified advantages of suppliers and additional customer requirements for them.

Thus, the main differences and similarities between procurement plans and schedules were studied.

Table 1 presents the main similarities and differences between procurement plans and schedules [8].

Table 1 – Comparison of schedules and procurement plans

Procurement plan (Article 17 of Law No. 44-FZ) Schedule (Article 21 of Law No. 44-FZ)
The procurement plan is formed for a period corresponding to the term of the federal law on the federal budget for the next financial year and planning period (3 years) The schedule is developed annually for 1 year. In the event that the procurement period established taking into account the provisions of the budgetary legislation of the Russian Federation exceeds the period for which the schedule is approved, the schedule also includes the total quantity of goods supplied, the amount of work performed, services provided to meet state needs and the amount necessary for their payment, for the entire period of execution of the contract for the years following the financial year for which the schedule is approved
The procurement plan is formed by the customer in the process of compiling and reviewing draft budgets of the budget system of the Russian Federation, taking into account the provisions of the budget legislation of the Russian Federation Schedules are formed by customers in accordance with procurement plans at the stage of drafting and reviewing draft budgets
The procurement plan is formed based on the achievement of goals and the implementation of measures provided for by the state programs of the Russian Federation (including federal targeted programs, other documents of strategic and program-targeted planning of the Russian Federation) Schedules contain a list of purchases of goods, works, services to meet state and municipal needs for the financial year and are the basis for procurement
Includes: 1. Procurement identification code 2. purpose of the procurement (for example, the implementation of FTP); 3. the name of the object and (or) the names of the objects of procurement; 4. the amount of financial support for the purchase; 5. timing (frequency) of planned purchases; 6. Justification of the procurement based on the need to achieve the specific purpose of the procurement and the established requirements for the product, work, service purchased by the customer (including the marginal price of the product, work, service) and (or) standard costs for ensuring the functions of state bodies (in accordance with article 18 of Law No. 44-FZ); 7. information on the procurement of goods, works, services, which, due to their technical and (or) technological complexity, innovative, high-tech or specialized nature, are able to supply, perform, provide only suppliers (contractors, performers) with the required level of qualification, as well as are intended for scientific research, experiments, surveys, design work (including architectural and construction design) 8. information about the mandatory public discussion of the purchase of goods, works or services in accordance with Art. 20 of Law No. 44-FZ. Includes: 1. Purchase identification code; 2. name and description of the object of procurement, indicating the characteristics of such an object, taking into account the provisions of Art. 33 of Law No. 44-FZ, the quantity of goods supplied, the amount of work performed, the service provided, the planned timing, the frequency of delivery of goods, the performance of work or the provision of services, the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer) , justification of the purchase in accordance with Art. 18 of Law No. 44-FZ, the amount of the advance (if payment of the advance is provided), stages of payment (if the execution of the contract and its payment are provided in stages); 3. additional requirements for procurement participants (if such requirements exist) and justification for such requirements; 4. method for determining the supplier (contractor, performer) and the rationale for choosing this method; 5. start date of the purchase; 6. information on the amount of security provided for the relevant application of the procurement participant and security for the execution of the contract; 7. information on the application specified in Part 3 of Art. 32 of Law No. 44-FZ of the criterion for the cost of the life cycle of a product or an object created as a result of the performance of work (if the specified criterion is applied) when determining a supplier (contractor, performer);

Conclusion

Thus, based on the results of the study, the following conclusions can be drawn.

Planning for state and municipal needs in goods, works and services is carried out on the basis of the activities of state and municipal programs, other documents that define the goals and objectives of the activities of state bodies and local governments, through the development and implementation of schedules for placing orders for the supply of goods, works, provision of services for the needs of customers.

The procurement plan and the schedule are very similar to each other and serve the same purpose, but at the same time they have fundamental differences in structure.

Procurement justification is required from customers when forming both the procurement plan and the schedule.

List of used literature

1. Federal Law of July 21, 2005 FZ No. 94 (FZ-94) “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”.

2. Federal Law of April 5, 2013 No. 44 (FZ-44) “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs”.

3. Joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 761/20n dated December 27, 2011 “On approval of the procedure for placing on the official website of schedules for placing orders for the supply of goods, performance of work, provision of services for the needs of customers and forms of plans- schedules for placing an order for the supply of goods, performance of work, provision of services for the needs of customers.

4. Joint Order of the Ministry of Economic Development of Russia and the Federal Treasury No. 182/7n dated March 31, 2015 “On the features of placement in a unified information system or before the commissioning of this system on the official website of the Russian Federation in the information and telecommunication network Internet for posting information on placing orders for the supply of goods, performance of work, provision of services, schedules for placing orders for 2015 and 2016”.

5. Sakalova R. M. Procurement planning for state and municipal needs: analysis of new legislation. M:.— 2014. P. 251

6. Order of the Ministry of Economic Development of Russia dated June 29, 2015 No. 422 “On Approval of the Procedure for Forming the Procurement Identification Code”.

7. Official website of the Unified Information System in the field of procurement / http://www.zakupki.gov.ru/

8. Public Procurement Portal /http://m.pro-goszakaz.ru/

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