Ph.D. in Technical Sciences, associate professor in
Department of Commerce, Samokrutova O.G.
Amur State University (Birobidzhan Branch), Russia
The properties of organization of
purchasing procedure in the Amur Region
State
requirements of the Amur region have many-sectors character, because of a large
number of regional customers, each of whom is appealed to provide activity of
many subordinate enterprises and institutions. The key part in solving this
matter is a formed appropriate legislative and standards basis which, on the
one hand, provides broad competitive environment in this sphere, and, on the
other hand, necessary measures of weighted protectionism for protection of
internal market and support own manufacturer.
In the Amur region the system of placing public
contracts began to form in 2002. Before the adoption of the Federal law dated
21.07.2005 No. 94 “On placing of orders for supplies of goods, the performance
of work and the rendering of services for state and municipal requirements” the
procurement management system was designed and operated in accordance with the
principles and rules established by the normative legal basis of the Amur
region.
The influence on the forming system of both external and internal factors
should be noted. The external factors still are: government economic and social
policy; federal and regional legislation; the market of
production and sale of purchased goods, services and their analogues; markets
for additional services (transport, insurance, and audit); and a total and a
quality of information connected with formation, placement and execution of
public contracts.
Besides, the following internal factors can also
be pointed out which affect the system of public procurement management:
personnel, funding and financing, information (a quantity and a quality of
information about formation and placement of public contracts, its
accessibility to elements of the system), and material resources.
The system of placing public contracts of the
Amur region has repeatedly undergone organizational changes caused by changes
in the legislative basis. Thus, in 2003, the administration policy on
procurement to regional requirements has fulfilled the authorized agency
specifically in price management and public procurement. The organizational
managing structure included the following major divisions: the Division of
Price Monitoring and Control of Competitive Placement of Public Procurement,
and the Division of Regional Order and Legal Ensuring of Public Procurement,
the main function of which was the formation and organization of the placement
of public contacts.
The formation of a regional order for the next financial year was carried
out on the basis of proposals (a procurement plan) of regional customers within
funds determined for these purposes by the regional budget. But in 2004, in the
structure of the authorized agency was changed, and now it consists of three
divisions and one sector: the Division of Normative Provision of Public
Procurement, the Division of the Regional Public Contracts, the Division of
Price Monitoring and Control over the Implementing of Public Procurement, the
Sector of Financial and Economic Security. When comparing the scheme of public
contact of 2008 with the scheme of public procurement of 2004 in the Amur
region Administration the changes can be appreciated. In the structure of 2008,
there is an additional Division of Automated Placement of Public Contracts, and
the Division of Price Monitoring has additional functions such as enumeration
of public contracts.
Under current conditions, instead of the authorized agency of the region
for intersectoral coordination in the area of public procurement the Government
of Public Contracts of the Amur Region is established. Its functions include
development of normative ensuring of regional procurement; projecting a
consolidated procurement plan for regional public requirements and forecasting
a volume of production for regional public requirements and the requirements of
municipalities for the next financial year; formation and placement of public
orders; monitoring compliance with the legislation of the public customers
while purchasing procedure; maintenance of public contracts register; analyzing
and preparation of consolidated reports of regional customers purchases;
working out proposals on improving the mechanism of regional public procurement
requirements; organization of the educational process.
For the efficient management of public orders each of the structural
divisions of management fulfills its responsibilities: the Division of
Competitions and Tenders organizes public orders placement by holding open
competitions and open auctions on tenders in electronic form; the Division of
Electronic Tenders organizes the placement of public orders by holding public
auctions in electronic form; the Price Evaluation Division detects an initial
(maximum) price of a contract; the Division of Normative Legal Regulation works
out normative legal acts, recommendations in the sphere of procurement,
controls placing of orders for public, municipal and budgetary establishments
of the Amur Region requirements; the Division of Financial and Economic and
Personnel Work forms accounting policies management.
It is interesting that in the
Amur Region, the mechanism of price evaluation, which has
been begun to talk about just today and is required to be implemented in the
public order placement system, originally, was laid in the formative period of
this system in the region. In 2003, these functions were carried out by the
Division of Prices and Implementation of Public Orders Monitoring, then the
Division of Maintenance of Public Contracts Register and Price Monitoring, and since 2009 the
Division of Price Monitoring. It should be noted that the type of a procurement
activities organization in the region is mixed and characterized by the
presence of centralized and decentralized public procurement.
Both centralized and decentralized purchasing get
through the Government of Public Contracts: planning, placement, execution, and
monitoring of public contracts.
The planning stage in the Government of Public
Contracts is all customers provide the procurement plan for the next financial
year (until 20 September), and then specify the means of procurement and the
maximum cost. It allows a supplier to plan his participation, but a customer to
avoid problems with budgetary funds implementation. The placement stage for
centralized procurement is the Government of Public Contracts receives a tender,
then to determine an initial optimum price monitoring of prices is conducted
(if the price is overstated or understated the tender will be denied). And at
the decentralized procurement the work with contracts and documentation mainly
lies on the customer (the Legal Department of Public Contracts only checks
contracts for possible violations).
At the stage of execution the Government provides advice and a legal
support in the Federal Anti-monopoly Service, courts; as well as keeps a
register of public contracts, which displays all of the contracts. To exclude
the possibility of changing the dates of contracts, advancing, the Government
of Public Contracts checks completed contracts for compliance with the project.
The stage of monitoring of public contracts is counter audits, and,
besides, with decentralized placement of an order they are tougher.
Thus, a distinctive property of the current system of
public procurement in the Amur
Region, is obtaining budgetary savings not only through procedures’ results but
also at the preparation stage of placing orders.
Literature
1. Federal Law dated June 21, 2005 No 94-FL “On
placing of orders for supplies of goods, the performance of work and the
rendering of services for state and municipal requirements”.
2. Novopashina E. S., Samokrutova O. G. The
analysis of forming the system of public purchases in the Amur Region //
Information-analytical bulletin “Competitive tenders”. – 2001,
November-December – P.42-44.