Целью данной статьи является приобретение международного опыта в осуществлении политики государственных закупок. Государственные закупки – процесс, используемый национальными правительствами, чтобы купить или арендовать товары и услуги. Определенные процедуры могут отличаться между странами, но все же цели реализации закупочной политики очень подобны. Эти цели состоят в том, чтобы увеличить конкуренцию, предлагая справедливый доступ к предполагаемым потребителям, при максимизации дохода, полученного от расхода общественного капитала, и содействия ответственному использованию ресурсов. Таким образом, политика государственных закупок влияет на развитие рыночных отношений в стране.
The goal of given article is purchase of the international experience in realization of Federal Procurement policy. Federal Procurement is the process used by national governments to purchase or lease goods and services. Specific procedures may differ between countries, yet the goals for procurement policies are very similar. These goals are to increase competition by offering fair access to prospective bidders, maximizing the value received through the expenditure of public funds, and promoting the responsible use of resources. Thus, the Federal Procurement policy influences progress of market attitudes in the country.
Ключевые слова: государственные закупки, государственные работы, товары и услуги, электронный аукцион, правительство, контракт, политика, закон.
Keywords: Federal Procurement, public works, goods and services, electronic auctions, government, contract, policy, law.
Federal procurement generally requires competitive bidding on contracts which exceed a certain monetary threshold. In these instances, a request for proposal (RFP) is issued with specific guidelines, and bids are submitted for review. The contract is generally given to the bidder which can meet all of the required specifications at the lowest price. Exemptions to this policy can occur in cases where only one source of supply exists, or when one supplier has proven to be far superior in performance to the others. Thus, the Federal Procurement policy influences progress of market attitudes in the country.
Let’s consider the examples of Federal Procurement in the modern countries. In the United States, federal procurement policies are determined by legislative action and by recommendations from the Office of Federal Procurement Policy, a subdivision of the Office of Management and Budget, established in 1974. Those policies are published in the Federal Acquisition Regulation (FAR), which is issued jointly by the Department of Defense (DoD), the General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA). The FAR applies not only to direct purchases made by the government, but also to purchases made by federal grant recipients. Periodic audits called contractor procurement system reviews are conducted at federal contractors and grant recipients to insure federal regulatory compliance [4].
In Canada, the governmental body primarily responsible for federal procurement is the Public Works Government Services Canada (PWGSC). A law passed in 2005 created a list of preapproved suppliers to be used for standing orders, which covers the procurement of several of the most commonly purchased assets including automobiles, fuel, office supplies and professional services. If the purchase exceeds monetary values set for different categories, then the PWGSC opens the procurement up to the bidding process and advertises it on the Government Electronic Tendering Service. This step can only be bypassed in cases where a life threatening situation exists, national security could be compromised, there is only one source available for the product, or for items which fall below the monetary limits.
In Australia, the Finance Minister issues Commonwealth Procurement Guidelines (CPG's) which outline Australian federal procurement requirements. Like Canada, Australia has developed lists of approved suppliers, called common use arrangements (CUA), for the purchase of a wide variety of goods ranging from stationary and supplies to temporary labor. In most regions, governmental agencies are required to use a CUA if it exists for the products being purchased. Larger contracts which require an open bid process are advertised on an electronic system called Aus Tender.
Most European countries have similar federal procurement requirements and processes. Members of the European Community (EC), however, must also implement procurement regulations which comply with EC procurement policies. These policies include non-discrimination between member countries in the procurement process, and requirements that vendors meet certain environmental sustainability standards. Contracts which involve defense or national security are not subject to EC regulations [5].
The City of New York centralized its purchasing function in 1917 after two years of successful “cooperative contracting for all departments and offices under the mayor” (Thomas, 1919, p. 27). Since then, centralized purchasing has gradually become common in state and local government. However, the centralization trend has been challenged in recent years. Many practitioners and researchers have contended that purchasing authority, especially in government, must be decentralized in order to provide more responsive support to end users, eliminate bureaucratic obstacles to program accomplishment, improve inter-departmental coordination, and empower service delivery managers to procure what they need without impediment by a centralized organization.
In a democratic government system, although there is a distinctive division of powers between the legislative, executive and judiciary branches, procurement authorities and responsibilities vary among countries. Indeed, in countries such as the United Kingdom and Malaysia, where policy implementation is carried out by the executive branch through non-legal means, procurement organizational. And all it’s called like Policy Making and Management.
In many other countries, public procurements are regulated by formal rules and regulations. In the United States, the legislative branch, be it Congress, state legislature, local council or board of commissioners or directors, primarily influences public procurement systems through laws (by established procurement policies and regulations), and authorization and appropriations of programs leading to procurements [5].
Public procurement organizational structures within the executive branch vary with the size of the governmental units, from a very complex to a very simple structure. In small towns and villages, there is no procurement structure as their part-time managers are responsible for all administrative functions of government including budgeting, accounting, and procurement. In contrast, with large governmental units the procurement organizational structure is extremely complicated. Thus, it is essential that each level of management have well-defined authorities and responsibilities delineated throughout the structure, from the issuance of policies, regulations and standards of performance to the supervision and management of the workforce.
In 2005 Russia adopted a modern law on public procurement within the context of administrative reform aimed at implementing fair, transparent, competitive and cost-effective procurement proceedings.
By adopting the new law, the federal government established a unified system of public procurement for all state and municipal contracting authorities, including the state executive authorities, state extra-budgetary funds, local authorities, budget-financed institutions and other recipients of federal, regional and local budget funds. In general, Russian public procurement legislation is based on the provisions of the Civil Code of the Russian Federation (the Russian Civil Code) and the Budgetary Code of the Russian Federation and consists of [2]:
- Federal Law No. 94-FZ dated 21 July 2005 ‘On the Placement of Orders for the Procurement of Goods, Work and Services for State and Municipal Needs’, in force since 1 January 2006 (hereinafter the Public Procurement Law); and
- other specific laws, including Federal Law No. 213-FZ dated 27 December 1995 ‘On the State Order for Defense’, Federal Law No. 79-FZ dated 29 December 1994 ‘On State Material Reserves’, Federal Law No. 60-FZ dated 13 December 1994 ‘On Supplies for Federal Government Needs’, Federal Law No. 53-FZ dated 2 December 1994 ‘On the Procurement and Delivery of Agricultural Goods, Raw Materials and Commodities for State Needs’, which govern the procurement of specific types of goods.
Within the framework of the Public Procurement Law and in the cases specified therein, the president, the government of the Russian Federation and the Ministry of Economic Development of the Russian Federation, as an authorized government body responsible for normative legal regulation of public procurement, may all issue respective regulations. The Public Procurement Law is enforced by the state arbitration courts, which are part of the state court system in Russia and deal with the resolution of economic disputes, and state courts of general jurisdiction in disputes with the participation of individuals.
Supervision over public procurement, except for control over the state order for defense, is exercised at federal level by the Federal Antimonopoly Service of the Russian Federation (hereinafter the FAS), and at the level of the constituent entities of the Russian Federation or the local municipal authorities by the respective authorized supervisory agency. A lawsuit challenging the validity of a decision issued by the contracting authorities can be filed by a ‘participant in the placement of an order’ (bidder) and the FAS or other authorized supervisory agency.
In April 2011 the legislative authority of the Russian Federation is considering amendments to the Public Procurement Law related to the procedure for determining the initial contracting price. If the proposed amendments are adopted, all state (municipal) customers will be obliged to indicate in the auction documentation the base for calculating the initial price and the calculation itself. The initial price shall be determined on the basis of publicly available sources (state statistical information, market research, information from previously concluded state (municipal) contracts, etc.). The government of the Russian Federation will be entitled to establish the methodology for calculating the initial price and limits on the sources for calculating the price for some goods. Additionally, as of February 2011 two further draft laws that introduce amendments to the Public Procurement Law had been developed by the FAS and by the Ministry of Economic Development, respectively. The proposed amendments drafted by the FAS focus on the following issues:
- Exclude the request for price quotations as a form for placing orders. As an alternative a so-called ‘short auction’ form should be used, which should be completed within seven days of the announcement date;
- Establish annual limits for all customers on consumer goods such as cars, furniture etc. (especially, premium class goods) as a way of reducing corruption in public administration;
- It is possible that the application of the breach of order placement procedure (see question 36) will be subject to the payment of state duty. Such applications should be filed online. The amendments prepared by the Ministry of Economic Development are still being elaborated, but should be made publicly available in May 2011. Based on several interviews with state officials, the Ministry of Economic Development of the Russian Federation has drafted a completely new law that will replace the existing Public Procurement Law.
From 1 January 2011 all state and municipal customers are obliged to place all procurement orders for goods, work and services specified by the government of the Russian Federation in public e-auctions. The announcements of all procurement orders for goods, work and services shall be accumulated on one official website [4]. As at February 2011, 68 percent of all state and municipal customers are registered on this website and place information about orders here. In the meantime, eligible electronic trading platforms (to conduct electronic auctions) have been selected by the Ministry of Economic Development of the Russian Federation together with the FAS. As at January 2011 the total number of active electronic trading sites has been reduced to five [4, 5]. Due to the trend of enhancing transparency and reducing corruption in the area of procurement, administrative sanctions (the maximum amounts of fines imposed on operators of e-auctions and state and municipal customers) have been increased for various violations of the Public Procurement Law. To participate in an electronic auction, a supplier should be duly registered on the appropriate electronic trading site (from the five mentioned above). For registration purposes, the supplier should obtain an electronic digital signature and receive accreditation on the trading site. In practice these requirements can be met either by a Russian legal entity or by the representative office (or branch) of a foreign legal entity, and not by the foreign legal entity itself.
Thus, today more than ever, the government must ensure that it spends money wisely and eliminates waste and abuse of taxpayer dollars. With more than one out of every six dollars of Federal government spending going to contractors, it is imperative that contract actions result in the best value for the taxpayer. The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget plays a central role in shaping the policies and practices federal agencies use to acquire the goods and services they need to carry out their responsibilities.
As for USA, Federal procurement generally requires competitive bidding on contracts which exceed a certain monetary threshold. In these instances, a request for proposal (RFP) is issued with specific guidelines, and bids are submitted for review. The contract is generally given to the bidder which can meet all of the required specifications at the lowest price. Exemptions to this policy can occur in cases where only one source of supply exists, or when one supplier has proven to be far superior in performance to the others. In Canada, the governmental body primarily responsible for federal procurement is the Public Works Government Services Canada (PWGSC). A law passed in 2005 created a list of preapproved suppliers to be used for standing orders, which covers the procurement of several of the most commonly purchased assets including automobiles, fuel, office supplies and professional services. If the purchase exceeds monetary values set for different categories, then the PWGSC opens the procurement up to the bidding process and advertises it on the Government Electronic Tendering Service. This step can only be bypassed in cases where a life threatening situation exists, national security could be compromised, there is only one source available for the product, or for items which fall below the monetary limits.
Like Canada, Australia has developed lists of approved suppliers, called common use arrangements (CUA), for the purchase of a wide variety of goods ranging from stationary and supplies to temporary labor. In most regions, governmental agencies are required to use a CUA if it exists for the products being purchased. Larger contracts which require an open bid process are advertised on an electronic system called AusTender.
Most European countries, including Russia, have similar federal procurement requirements and processes. Members of the European Community (EC), however, must also implement procurement regulations which comply with EC procurement policies. These policies include non-discrimination between member countries in the procurement process, and requirements that vendors meet certain environmental sustainability standards. Contracts which involve defense or national security are not subject to EC regulations. In Russia adopted a modern law on public procurement within the context of administrative reform aimed at implementing fair, transparent, competitive and cost-effective procurement proceedings.
Bibliography:
Civil law. In 3 volumes. 4-e izd. / Ed. AP Sergeyeva and JK Tolstoy, pereizd. - M.: 2006, Vol.1 .
Civil law in Russia. / Ed. ZI Tsybulenko. - M., 2004, Part 1, 2.
Pilyaeva V.V. Comments to the Civil Code of the Russian Federation (itemized). Part 1 and 2. - M.: PBOYUL Grigoryan, AF, 2006.
About Federal Procurement, http://www.wisegeek.com/what-is-federal-procurement.htm
On the budget of the Social Insurance Fund of the Russian Federation in 2012 and the planning period 2013 and 2014 (372-FZ, 30.11.2011).
Federal Procurement all around the world, http://ippa.org/jopp/download/vol1/Thai.pdf
http://www.fss.ru/ru/fund/social_insurance_in_russia/124/130/index.shtml
Federal Law No. 231-FZ of December 18, 2006 amended Article 4 of this Federal Law. The amendments shall enter into force from January 1, 2008See the Article in the previous wordinghttp://juslugi.ru/legislationru/zakonooo