Work with the state order is a profitable business, but it should be noted that it is not so simple. Often, it is state-owned companies that make the highest demands on the product or service that they are going to buy. In this regard, a special competition is organized, during which applicants for the desired job compete with each other for the right to be called the best performer. How the system of placing government orders for government needs works will be described in detail in our material.
How and where to start
Suppose a legal entity or individual entrepreneur decided to try their luck in obtaining government orders. This is a profitable business, but where exactly should you start work here? Naturally, any kind of such undertakings should be associated with the study of a potential work area. Therefore, it is necessary to purchase FZ-94 "On placing orders for the supply of goods, performance of work ...". The Law itself must be relevant, that is, with the latest changes. From FZ-94 you can learn that there are 5 types of government orders. It:
- Open contests. Documentation for them can be submitted both on paper and in electronic form.
- Open auction in electronic form. Today it is the most common type of procurement for state needs. All documents are prepared in electronic form, and trades are held on sites in online mode.
- Requests for quotes. Bidding is held for small amounts, but implemented in the same way as contests.
- Open auction. This is a special type of bidding, which today is almost never found due to its archaic nature. However, it is specified in the law.
Next, make sure that you have access to the Internet. The provider must be reliable, since all purchases for state needs are carried out precisely through the Internet. After that, you need to get an EDS - an electronic digital signature. It is needed in any case, if the company is really going to work with government orders. This norm is also indicated in the current version of the Law. You will also need to configure your computer to work with EDS. The Certification Authority will definitely tell you how to do this.
According to Federal Law 275-FZ "On State Procurement", a list of sites on which electronic auctions are held can be found on the official website of state orders. All electronic sites will have to register. After that, the search for orders will begin directly according to the specifics that the applicant needs. The only requirement here is strict observance of the above rules, as well as compliance with domestic legislation. All this is really important when working with government agencies.
Necessary documentation and execution of EDS
A little more should be told about participation in the public procurement system. What documents will be required in this case? Here are the highlights:
- statutory documentation;
- papers that indicate the authority of the Director General;
- decision on approval of a major transaction;
- certificate of self-regulatory type of organization (SRO), but only if participation in the SRO is considered mandatory for the organization;
- Licenses - if the activities that the company implements are subject to mandatory licensing.
Among other things, you may need a package of documents with copies of the executed agreements and special acts thereto, as well as documents on the qualifications of employees, certificates of absence of debts on fees and taxes, etc.
The second important step in the public procurement system is the issuance of electronic digital signatures. It will immediately require accreditation on the trading floor. Since the Law "On State Order" indicates that procurement can be carried out in the form of an electronic auction, to participate in it you need to issue an electronic digital signature - an electronic digital signature. EDS is a digital medium on which an electronic key is stored. It confirms the authority of the person who uses it. Such keys are issued by special organizations that are accredited by the Ministry of Communications. The service itself is paid. So, for participation by one organization at six trading sites, it will be necessary to give about 5 thousand rubles a year. This is also indicated on the portals where orders are placed for state needs. After the duration of the EDS will need to be updated. To obtain a special key, you will need to send an application to the certification center and transfer the set of documents. The duration of such a service will be about 2-3 days. Accreditation itself is granted for a period of three years.
Search for tenders and preparation of an application
Before directly executing a state order, you must first find this order. All necessary applications are placed on official state portals. Using the "Advanced Search" service, you can find interesting tenders according to established criteria. Suppose you can set:
- delivery region;
- initial cost range of the application;
- customer name;
- notice keywords and more.
When you click on the notification, a special page opens that contains information about the ongoing procurement. At this stage, it is important to carefully study the rules of procurement documentation in order to correctly prepare an application for participation. Attention should be paid to whether there are requirements for securing an application, providing certificates and licenses, and whether papers that confirm experience and qualifications are important. It is also necessary to carefully study the terms of reference and the draft agreement for the availability of contract security, deadlines, compliance of the procurement volume with the organization’s capabilities, the presence of sanctions for incorrect execution and much more.
The next step on the path to the long-awaited work with the state order will be the formation and submission of an application for participation in the competition. The application of each applicant is a set of documents in paper or electronic form, which is prepared in full accordance with the requirements of the procurement documentation. Documents are certified by an authorized person of the participant and contain only reliable information. The prepared materials must be stitched, numbered, folded into a special envelope, sealed and transferred to the customer at the address indicated in the document. The application itself for participation in the electronic auction is submitted in electronic form through a special trading platform. It is important to have time to file it before the deadline indicated in the document. Applications that are submitted late shall not be allowed to tender. If the documents provide for the application, the participant will need to transfer the required amount to the customer’s bank account before submitting it directly. According to the Federal Law "On State Order", all tender results must be published on the UIS website.
Contract signing
After the tender results are published, work with documents will still not be completed. The customer will need to formulate and submit a contract plan. So, for an auction in electronic form, it will take about 5 days. The winner has exactly 5 days to get acquainted with the document. Particular attention should be paid to the following sections:
- duration of execution;
- fines and other sanctions;
- payment period.
Any changes are made to the special protocol of disagreements. It should be remembered that the contract is signed for a period not later than 20 days from the moment the results of the procedure are announced.
Competitions and auctions
The Federal Law "On State Order" clearly fixes the concept of auction and bidding. He also points out the distinction between closed and open tenders.
An open tender is considered the most common option for organizing government orders on Russian territory. Its essence lies in the fact that all interested parties are informed about the order through the media. These are thematic sites, television broadcasting, print newspapers and more. In general, everything is done to find the optimal contractor. Moreover, the orders themselves can be both federal and regional. The federal state order is exhibited by the Kremlin. Most often, tasks of this kind are given to create elements of defense, to fulfill some major tasks relating to the entire state, etc. Regional orders are connected, for example, with road repair, installation of fountains, repair of lamps and lighting devices in the city, etc. d.
A huge amount of material is being prepared for the implementation of the open tender, and all conditions are fixed in documentary form. Within a month, various orders are received. After this, an autopsy process is carried out, and a commission of an institutional nature begins to decide who will fulfill the order. Such an approach requires constant monitoring of related sources, which, of course, is not very convenient. The peculiarity of the closed competition is that the customer independently establishes a circle of performers that are able to cope with the order. A similar approach is practiced in cases where you need to work with information of a confidential type or the work performed is considered quite specific. At the same time, a closed competition is held when its organizers want to get acquainted only with individual performers. Allegedly, viewing numerous applications is considered unprofitable.
Closed tenders for receiving state orders for public services are associated with many frauds and violations of the law. Moreover, the state itself is the culprit in such situations. For example, the regional government wants to hire some "own" artist, who is supervised, for example, by one of the authorities. Subsequently, power is shared with the performer of the profit.
The next type of competition is an auction. Like contests, they are closed and open. The contractor in this case is selected on the basis of the willingness to perform the necessary amount of work for the minimum amount of money. Moreover, the rate reduction is implemented according to predetermined parameters, which is regulated by the norms of domestic law. The peculiarity of closed auctions is that there is a maximum degree of confidentiality. It turns out that the customer is protected from a possible conspiracy, as it could be with closed bidding.
The growing popularity of the global network leads to the fact that many countries at the legislative level oblige their institutions to purchase everything they need using electronic auctions. Modern technologies allow us to make the process of selecting an artist extremely honest and reduce the risk of criminal conspiracy. Moreover, entrepreneurs who take part in auctions are able to see the selection procedure with their own eyes.
Who is able to take part?
Of particular concern is the possibility of the participation of individuals such as individual entrepreneurs. Placing state and municipal orders, one way or another, involves working with everyone. The exception here is tenders. It provides for work exclusively with a legal entity. In all other cases, individual entrepreneurs are able to accumulate a positive reputation and good experience, and then participate in competitions along with other persons. It is only important to get an EDS and register at the public procurement site, which must be accredited.
According to statistics, small and medium-sized businesses can really make good money on government orders. In various constituent entities of the Russian Federation, individuals are able to apply to the regional department. There are many state orders in the country, and therefore work, as they say, is available for all high-quality and qualified specialists.
Representatives of small and medium-sized businesses will need to create a special public procurement business plan in advance. You’ll have to track the order from start to finish. Moreover, it is possible that the customer is able to change the conditions, and therefore should be prepared to familiarize yourself with the new requirements. This is a rather tricky mechanism for choosing exactly the artist that is needed. You should also carefully consider customers who set the price several times lower than the market. Most likely, this indicates dishonesty. It will be useful to form a black list or something similar, which can be followed in the future.
Corruption
As already mentioned, in the field of compilation, transfer and execution of state orders, there are many different corruption schemes. Billion rollbacks occur almost every year. This can only be tackled by tightening legislation, by rotating personnel, and by ensuring complete transparency of any operations.
One way or another, corruption in the field of public procurement is a problem that is relevant not only in Russian territory, but also in many other countries of the world. In principle, corruption should be understood as giving or receiving a bribe, abuse of a financial position, sale of bribes, as well as other types of illegal use by a person of his professional position. Naturally, these actions are implemented contrary to the laws and interests of the country. At the same time, they are aimed at obtaining a certain personal benefit by officials. Corruption in the field of state orders can be everywhere: among small regional tasks, as well as in the field of state defense orders.
Actions that can be qualified as corrupt differ from other types of violations in this area. The thing is that corruption occurs as a result of abuse of authority, in an intentional form, in violation of state laws, for personal gain, etc. It should also be noted that corruption is rather a collective term that immediately covers a number of official crimes . There is no special sanction for acts of a corrupt nature. The offense is qualified according to the relevant norm of the Russian Criminal Code.
Placing a state order for public needs in the public domain, as well as the ability to track this order in the future, provides at least a minimal opportunity to reduce the number of corruption crimes. However, the number of new illegal schemes is growing year by year. About the most popular of them will be described below.
Common patterns of corruption in public procurement
The list of popular corruption schemes should include several interesting techniques. The first one is that an application is sent to those participating in the conspiracy in an amount that is obviously lower than that of the other participants in public procurement. The second scheme is when the authorities set extremely short deadlines for the task. Accordingly, such an order will be executed by a prepared supplier - a participant in a fraudulent scheme. According to the third scheme, a deliberately uncompetitive price is set for the implementation of the state order in the indicated volume, which may be of interest to other potential suppliers. It is also possible to establish an unattractive payment scheme, incorrect entry of data in the register, interpretation of the criteria for evaluating suppliers in favor of persons who may be interested, and much more.
All the above schemes are united by one thing: it becomes harder for the contractor to carry out the order normally. However, the list indicated above is not exhaustive. Only the most basic, in fact, fairly simple schemes were named. In the case of large tasks, for example, the state defense order, everything is a little more complicated. The schemes here are many times more sophisticated and confusing.
Anti-corruption control
There are several ways to combat corruption in public procurement. They are fixed by two normative acts at once - FZ-44 "On the contract system in the field of procurement", as well as FZ-275 "On the state defense order". . . , , .
" ", , . . , , . , , , .
. , . . 200.4 , 200.5 .
-44 " "
. - -275 " ". , . 2013 , 2014 . , . , .
Federal law establishes a single procedure for placing an order throughout the Russian territory. The methods for determining the supplier are established, and the procedure for municipal and state contracts is fixed.
In addition to the indicated law, deliveries are also regulated by the norms of the Budget and Civil Code. The goals of the FZ-44 are quite simple: it is to ensure transparency and publicity in the field of procurement, the prevention of corruption, as well as improving efficiency and effectiveness.
The Federal Law itself is based on the principles of openness, transparency, ensuring competition, stimulating innovation, professionalism of employees, the unity of the contract system, responsibility for the result, etc. The same principles are also characteristic of the Federal Law "On State Defense Order", which is little different from -44, but reveals in detail only one direction in the area under consideration.