Municipal Procurement Research Articles

Качественные показатели эффективности закупок в механизме антимонопольного комплаенса

In order to increase the efficiency of the targeted distribution of budget funds, as well as to ensure the progressive economic and economic development of the Russian state, both in general and its regions and individual municipalities, improving the effectiveness of public procurement becomes one of the most important strategic tasks of the executive authorities involved in the planning and practical implementation of public procurement. The following hypothesis is put forward and confirmed in the article: the system of key performance indicators can be effectively applied in the budgetary sphere, namely, in state (municipal) procurement, including to improve the competitive environment. To confirm the hypothesis put forward, the article investigated regulations governing state and municipal procurement and competition, studied the stages of digitalization, and also developed a system of criteria for the effectiveness of the state and municipal procurement system. The purpose of the article is to offer indicators of the effectiveness of purchases that affect the competitive environment. The objectives of this article: to study the legislation of the Russian Federation in the area under consideration; review the level of digitalization in procurement and competition; to propose two sets of indicators. The result of the study is a system of performance indicators in conjunction with digitalization through a regional information unified automated procurement management system and a portal for contract execution, taking into account the centralization and harmonization of forms. The information basis of the study was statistical materials containing the disclosure of indicators of the state and municipal order system, as well as specialized Internet sites publishing materials on the legislation and practice of state and municipal procurement.

Study of the Risks of Termination of Contracts Concluded as a Result of Public Procurement

State and municipal purchases play an important role in the functioning of the economy of various countries, and, according to the World Bank and the Organization for Economic Development and Cooperation, they account for up to 15% of expenditures in the structure of world GDP, and in some countries from 23 to 45%. The spread of the novel coronavirus pandemic has led to the need to strengthen the role of the state, its participation in regulating the national economy, and increasing spending on the social sphere. In this regard, the system of state and municipal procurement becomes an area of increased attention, and its effectiveness is comprehensively assessed. In the context of the high degree of uncertainty that has developed in world markets (closure of manufacturing plants, lockdowns and border closures), which has significantly limited the global turnover of goods, works and services, the risks of execution of state and municipal contracts are increasing significantly. In this regard, the purpose of the study is to analyze the reasons for termination of contacts in the system of Russian state and municipal procurement and substantiate proposals for minimizing the risks of termination for buyers and contract executors. The study used the methods of statistical, retrospective analysis, comparative analysis, forecasting elements, calculations were carried out using a system developed in the Python language. The data is aggregated into a PostgreSQL 12 relational database. The data analysis itself, the selection of dimensions and metrics, as well as their visualization are implemented in the Microsoft Power BI BI-system. As a result of the study, the following conclusions were obtained: the probability of termination of state and municipal contracts concluded on the basis of public procurement does not directly depend on such factors as savings in tenders, competition in tenders, the size of the participating company (small business), as well as the industry, under which the purchase is made. Issues related to the study of non-formalizable reasons for the termination of government contracts remain debatable.

Issue analysis of contracts termination in Russian state and municipal public procurement procedures

The article points out the problem of quality of interaction between the customer and the supplier of goods, works or services in the sphere of state and municipal public procurement procedures of Russian Federation. One of the manifestations of the problem is the high percentage of contract termination between procurement participants (approximately 20 % of the number of contracts concluded). The objective of the study was to suggest potential directions for improving the quality of interaction between procurement participants, against the background of considering the legal grounds for contracts termination. Based on the results of the study, the author identified the problem of lack of technics in the procurement control process, which reduce consequences of the uncertainty external environment impact and fair risk responsibility sharing of non-performing contract liabilities between the procurement participants.

Конкурентные стратегии участников торгов по госзакупкам

The active promotion by the Government of the Russian Federation of measures to support small and medium-sized businesses through the system of state and municipal procurement from 2022 (the obligation to purchase at least 25% of their needs and small and medium-sized businesses instead of 15% from 2014 to 2021 [1]) has led to actualization of questions about barriers to entry into the state order markets. The purpose of the study is to create a “competition map” on the basis of which an entrepreneur entering the public procurement market will be able to determine in which industry and regional markets it is more efficient to work, taking into account the current level of competition. To achieve the stated goal, the following tasks were implemented: the results of the procurement activities of all Russian regions for 2020 and 2021 were analyzed in the format of a competition matrix: the participation of suppliers from each Russian region in procurements announced in each of the regions was evaluated, the probability of winning was determined depending on the combination participant-region”, as well as “region-object of procurement”. During the study, statistical tools were used to work with average data on competition and key factors and measurements that have a correlation. The sources of information were 3,976,711 notices and their corresponding public procurement protocols from the open data of the EIS ftp server for 2020 and 2021, collected and processed by a program written in Python using the PostgreSQL 12 database. Based on the results of the research, recommendations were given to procurement participants on which regional and industry markets it is more efficient to participate in procurement, and where the maximum probability of winning is guaranteed.

Studying the stability of State and municipal procurement in construction under conditions of pricing reform and cost estimating

Subject. The article examines the impact of the current stage of pricing reform and cost estimating in construction on budget savings to increase the sustainability of State and municipal procurement. Objectives. The aim is to investigate the problem of sustainability of State and municipal procurement in Russia from the perspective of pricing and cost estimating in construction; to develop proposals for increasing savings during State and municipal procurement and tendering, as part of pricing reform and cost estimating in construction. Methods. The study draws on methods of regression and logical analysis. Results. We analyzed the impact of pricing reform on budget savings during State and municipal procurement in the construction sector at the current stage. The paper considers the case of a narrow segment, limited in terms of work scope, time of procurement, location of construction project, in order to minimize the influence of factors distorting the results of the study. Conclusions. It is urgent to increase the number of bidders and reduce failed bids, by bringing to the maximum the initial price and the market value of works specified in the notice, through introducing a new cost estimate standard base, refusing the basic index method of determining the initial bid price in favor of a resource or resource-based index method, filling the Federal State Information System of Pricing in Construction with new positions to expand possibilities for determining the estimated cost of construction.

Istoricheskie aspekty razvitiya dolzhnostnyh prestuplenij v byudzhetnoj sfere Rossii i v sisteme goszakupok

The article is devoted to the historical aspects of the development of official crimes in the budgetary sphere of Russia and in the public procurement system. Crimes committed in the public sector and in the public procurement system by persons using their official position did not arise overnight. Various factors of an objective and subjective nature contributed to the negative development of this crime, as well as a long time, calculated in the history of our country for hundreds of years. Of particular interest are the corruption-related crimes themselves, manifested at the stages of state and municipal procurement, where, due to the high latency of the criminally punishable acts under consideration and the difficulties of obtaining primary information at the stages of their preparation and commission, their subsequent comprehensive documentation by law enforcement officers of the Russian Federation seems difficult.

Risks of Small and Medium-Sized Businesses Attracting to Government and Municipal Procurement and Economic Growth

One of the strategic goals in the Russian Federation is to relieve social tension by increasing the number of people employed in the segment of small and medium enterprises (hereinafter - SMEs) up to 25 million people by 2024. In order to stimulate the development of this segment, the Government of the Russian Federation sets the task of expanding the access for SMEs to the procurement system. That’s why the analysis of the existing mechanism for attracting SMEs to procurement is of interest. The primary purpose of the study is to investigate the peculiarities of SME involvement in procurement within the framework of two main laws operating in the sphere of procurement activity and problems arising in the procurement’s organization and economic growth. The practice of procurement activity is accompanied by the emergence of risks that affect the procurement result. These risks are inherent both to customers and suppliers of procurement activities. In the article risks are classified by stages of procurement activity. In particular, risks of poor-quality performance of the contract arise long before the stage of its conclusion. In the conclusion, recommendations are made which can be directed to solving the issues of SMEs access to procurement.

Problems and prospects of the functioning of the public procurement market within the EAEU

Currently, the issues of assessing the effectiveness of work to ensure access to the markets of state (municipal) procurement of the countries of the Eurasian Economic Union (EAEU) and the existing obstacles in this market are acquiring particular relevance. In this connection, the article analyzes the current state and prospects for the formation of this market, identifies and discloses the main obstacles to its functioning, such as non-provision of the national regime, the introduction of repeated exemptions from the national regime, non-recognition of electronic digital signatures and others, as well as recommendations for improving his work.

Using Bid Rotation and Incumbency to Detect Collusion: A Regression Discontinuity Approach

Abstract Cartels participating in procurement auctions frequently use bid rotation or prioritize incumbents to allocate contracts. However, establishing a link between observed allocation patterns and firm conduct has been difficult: there are cost-based competitive explanations for such patterns. We show that by focusing on auctions in which the winning and losing bids are very close, it is possible to distinguish allocation patterns reflecting cost differences across firms from patterns reflecting non-competitive environments. We apply our tests to two datasets: the sample of Ohio milk auctions studied in Porter and Zona (1999, “Ohio School Milk Markets: An Analysis of Bidding”, RAND Journal of Economics, 30, 263–288), and a sample of municipal procurement auctions from Japan.

Public Procurement for Business Support and Development

Recently, there have been made many changes in the field of public procurement during last decade. The politicians, scientists and practitioners are showing more interest in this field allowedly, trying to study it thoroughly and to participate in evaluating the role of procurement, while studying the economic situation of the state. Public procurement has become a strategic tool for the procurement of essential goods and services, a formal set of sales and purchase measures aimed at increasing public sector efficiency, regulating markets and incitement the competition. Political decisions are often directed in a unilateral way, only to achieve the set goal and not to achieve the rationality and effectiveness of the set actions. Therefore, it is desirable that the decisions be consistent with all the issues or the combination of actions, that will ultimately lead to the correct, maximally rational and effective outcome of the political decisions. In the article it is examined the impact of public procurement on the Georgian economy, as well as the impact of this system on national competitiveness and on the small business activities. The public contract system is a multifaceted tool, that can regulate diverse sectors of the economy, where the share of the public sector in the Georgian economy is growing every year. This means that its impact on the current economic processes in the country is constantly growing. First of all the importance of the public procurement system in the Georgian economy can be assessed by comparing the parameters of the budget system and GDP. The article discusses the relationship between public procurement and national competitiveness, in terms of energy efficiency and measures to ensure national regimes. The effective use of budget funds is analyzed on the basis of absolute and relative comparisons of savings data. To determine the impact of the corrupt component of the public (municipal) procurement system on the economy of country, the article provides indicators of the openness of this system, of which monitoring will increase its transparency. Keywords: system of contract; Procurement of State and municipal; Small business; National competitiveness; Efficiency of spending budget funds; Transparency.

КОМПЛЕКСНЫЙ АНАЛИЗ И ОЦЕНКА ЭФФЕКТИВНОСТИ ОСУЩЕСТВЛЕНИЯ ГОСУДАРСТВЕННЫХ И МУНИЦИПАЛЬНЫХ ЗАКУПОК В РЕСПУБЛИКЕ КОМИ

The purpose of the article is to create and maintain theoretical and methodological materials for calculating the effectiveness assessment of state and municipal procurement as a single methodology that will meet all the key principles of the contract system and will be focused on the creation and movement in the main directions of its development at the regional level. As a result, the authors carried out a comprehensive assessment of the effectiveness of the state and municipal procurement system at the stage of modern development of the Komi Republic. The authors implemented the total annual volume of purchases, analyzing the main indicators of the procurement of goods, works, services to meet state and municipal needs, considering the structure of competitive procedures and determination of savings based on the results of purchases. The author developed the ways to solve problems that can increase efficiency in state and municipal procurement. Compliance with the recommendations leads to more economical spending of budget funds in the Komi Republic in the implementation of procurement procedures.

Measures to combat crimes committed by participants state and municipal procurement

Measures to combat crimes committed by participants state and municipal procurement

Problems of fraud in the field of state and municipal procurement

Problems of fraud in the field of state and municipal procurement

Support of non-price competition in state and municipal procurement (on the example of the Central Federal District)

Support of non-price competition in state and municipal procurement (on the example of the Central Federal District)

State and municipal procurement

State and municipal procurement

О разности законодательного подхода к установлению отдельных видов сроков в рамках государственного (муниципального) контракта и проблеме определения понятия «рабочий день»

From the standpoint of a practice-oriented approach, the problem of inconsistent legal regulation of the in-stitution of the term and the procedure for calculating it in the contracts used to provide public legal entities represented by authorities and other persons with goods, works, services is investigated. Little attention is paid to this problem in the scientific literature, despite the fact that certainty in the order of calculation of deadlines is essentially of a general legal nature, solutions to this issue are applicable to many spheres of public life. The at-tention is focused on the establishment of the types of terms used in the Russian legal jurisdiction to streamline the economic sphere of interaction of subjects of civil law and calculated in calendar, working, banking days. The existing differentiation in the legislation in the use of different types of deadlines within the contract system does not contribute to the realization of the idea of building an optimal model of state and municipal procure-ment, the explanation for which should be sought in the imperfection of the provisions of Article 190 of the Civil Code of the Russian Federation regarding the rules for determining the periods of flow deadlines. We propose the best option for adjusting regulations taking into account the existing practice of law enforcement and trends in the development of legislation.

Analysis of Theoretical, Legal And Practical Aspectsof the Participationof the Prosecutor In Cases of Challenging Transactions In the State And Municipal Procurement

Analysis of Theoretical, Legal And Practical Aspectsof the Participationof the Prosecutor In Cases of Challenging Transactions In the State And Municipal Procurement

КОНТРОЛЬ В СФЕРЕ ЗАКУПОК ТОВАРОВ, РАБОТ, УСЛУГ ДЛЯ ОБЕСПЕЧЕНИЯ ГОСУДАРСТВЕННЫХ И МУНИЦИПАЛЬНЫХ НУЖД

This article discusses the concept of «control in the field of procurement», raises the problems of optimizing this activity, analyzes the shortcomings of control in the field of state and municipal procurement in Russia. Based on the analysis, proposals are made to improve both the control itself and the procurement system. The purpose of this work is to assess the features of the current control system in the field of public procurement and identify problematic aspects of its implementation.

Progressive changes in the legal regulation of the system of state (municipal) procurement. Legal analysis and development prospects

Progressive changes in the legal regulation of the system of state (municipal) procurement. Legal analysis and development prospects

Improvement of centralization system of municipal procurement in the Komi Republic based on agile technology

Improvement of centralization system of municipal procurement in the Komi Republic based on agile technology