Extra details. how moscow ufas eliminates violations in customer documentation

OFAS Moscow urges customers to set adequate requirements for suppliers

Among the requirements in the tender documentation, there are sometimes those that cause extreme surprise. Either it is required to put concrete not just of such and such a brand, but, for example, "heavy", then the parking column must be "highly decorative" and the like. Such conditions become the subject of consideration of the antimonopoly service. How it happens, - says Mikhail Gatov, Deputy Head of the Moscow Department of the FAS Russia.

- Mikhail Sergeevich, how often do you encounter “strange” requirements in technical specifications?

For the period from the beginning of 2015 to the present, the Moscow OFAS Russia has received more than 2.5 thousand complaints from participants in state and municipal procurement. It should be noted that in 30% of cases, the subject of consideration are the requirements established by state customers that violate the procurement legislation, namely, excessive requirements for the goods supplied, terms of reference that limit the number of procurement participants.

- Give, please, some examples of such purchases.

Thus, when conducting an auction for the overhaul of a building, the customer puts forward requirements for chemical composition tap water, steel pipe, soil and mineral fertilizer. The indicated characteristics cannot be known to the procurement participants or will become known only after testing a certain batch of products. Sometimes customers get so carried away with setting such requirements that they forget about the really necessary purchase parameters.

So, the customer, when purchasing playgrounds, presented requirements for a variety of materials that are not the object of purchase, such as rolled steel, steel, aluminum pigments and many others. At the same time, there are no requirements for the playgrounds themselves (swings, sandboxes) in the auction documentation.

As an example, one can also cite a violation during an auction for the improvement and landscaping of the territory along the Setun River, when the customer set almost 40 dubious requirements, such as that the color of the supplied artificial soil should be darker than brownish-gray.

- How does the FAS know that someone has decided to overstate the requirements? Maybe you are monitoring or processing bidders' applications? Or mechanisms work public control?

Procurement legislation provides for leverage against unlawful actions of the customer - this is an appeal against such actions to the control body of the FAS Russia. At the same time, the Law on the contract system provides such an opportunity not only to procurement participants (legal entities and individual entrepreneurs who directly submit applications, price offers and execute state and municipal contracts), but also to citizens, public associations and associations legal entities who have the right to point out the illegality of the procurement documentation.

- What is the reason for the occurrence of such incidents?

It should be highlighted, firstly, the goals pursued by customers during procurement, such as reducing the number of procurement participants and, as a result, identifying a certain supplier (contractor, performer). Secondly, the imperfection of the procurement legislation, which does not contain comprehensive requirements for documentation, depending on the specifics of the procurement object. Thirdly, the incompetence of customer employees who are involved in the preparation of documentation, while not having the necessary qualifications regarding the subject of the purchase, whether it is construction work, the supply of various goods or the provision of various kinds of services.

- Are there any criteria according to which excessive requirements are determined?

It is not within the competence of the Moscow OFAS Russia to establish certain criteria and requirements. At the same time, the results of our consideration of complaints form a huge fund of law enforcement practice based on the norms of the Law on the contract system. Thus, when detecting violations, the commission is guided by the same rules for describing the procurement for all. This, in particular, includes the rule of objectivity of requirements, the rule of establishing requirements for goods by customers in accordance with normative documents Russian Federation(GOSTs, SNiPs, technical regulations), as well as the rule for establishing exactly standard indicators for goods that public procurement participants indicate in the application.

- How often does the court (if it comes to it) agree with the position of the FAS?

The legal department upholds the validity of complaints decisions in 85% of public procurement litigation, which confirms the legitimacy of the findings of the Commission for the implementation of control in this area and indicates a positive result of our activities and the achievement of the goal of increasing competition.

- Is it possible to completely exclude the appearance of excessive requirements in the tender documentation or will they always be?

The framework for the objectivity of procurement requirements is not established by law, which allows state and municipal customers to use this legal gap for their own purposes.

The Moscow OFAS strongly recommends establishing the most significant requirements for goods, the supply of which is provided for under the state contract. At the same time, when conducting purchases for the performance of work, the provision of services, the establishment of most of the requirements specified by customers cannot in any way affect the result and quality of the provision of services and the performance of work. The customer must be interested in detailed description terms of reference, the order of performance of work, the provision of services and, of course, the conditions for the execution of the contract.

INTRODUCTION 3

1. ECONOMIC BASE FOR THE DEVELOPMENT OF MODERN
MUNICIPALITIES 12

1.1. Modern imperatives for the formation of development resources
municipality 12

1.2. Resources strategic planning for social
economic development cities 23

1.3. World and domestic experience strategic management
development of the municipality 34

2. STRATEGY OF SOCIO-ECONOMIC DEVELOPMENT
OF A MODERN CITY 53

2.1. Conceptual foundations of strategic development management
economic complex of the city 53

2.2. Development of methods and forms of attraction
resources for the implementation of the city development strategy 68

3. TOOLS AND DIRECTIONS FOR EXPANSION
RESOURCES OF THE CITY DEVELOPMENT STRATEGY

(on the example of housing public utilities) 81

3.1. Positioning of the strategy for the development of housing and communal services
economy in the socio-economic system of the city 81

3.2. Improvement and development organizational forms management
housing and communal services of the municipality 105

3.3. Development of information and analytical tools
effective functioning of housing and communal services

cities 119

CONCLUSION 138

LIST OF USED SOURCES 145

APPS 162

Introduction to work

Relevance of the research topic. Implementation by authorities local government of strategic development plans largely depends on how efficiently they will use the resources at their disposal, as well as on the formation of an attractive investment climate of the territory, aimed at obtaining additional sources financing of long-term development programs. Therefore, one of the priority tasks of the management system of municipalities is to create favorable conditions for the development of their economic complexes, including attracting resources from the business sector, in order to form competitive advantage in system economic relations mesolevel.

From the point of view of the tasks of modernization, the isolation in the structure of the municipal economy of sectors with different levels efficiency, which have different prospects and resources for development (albeit in a significantly smoothed form), retains its significance and at present, in particular, among the sectors that are weakly affected by market transformations, such an important one among life-supporting ones as the sphere of housing and communal services economy.

In the indicated context, the formation of an effective strategy for the development of a municipality (including housing and communal services) is impossible without the development of forms, methods and tools for the strategic management of resource provision of programs for the socio-economic development of the city. Therefore, studies aimed at improving the forms, methods and tools for attracting economic resources acquire high theoretical and practical significance. strategic development municipalities in order to form necessary conditions for sustainable innovation-oriented growth of the city's economy.

The degree of development of the problem. The problems of reforming and developing the management system of the municipal economy in the context of market transformations are presented in the works of M. Borovskoy, A. Guntov, A. Druzhinin, V. Ignatov, T. Ignatova, N. Ketova, Yu. Kolesnikov, S. Kurdzhiev, P. Orekhovsky , V. Ovchinnikova, R. Popova,

A. Radchepko, A. Rumyantsev, A. Tambiev, M. Urbazaev and a number of others
authors who studied the theoretical and methodological foundations
management of the development of territorial and economic complexes, reflected
issues of formation of economic resources of urban development, etc.

Models, mechanisms and tools for strategic management of the development of municipalities of various types are disclosed in the works of M. Glazyrin, A. Granberg, B. Grinchel, B. Zhikharevich,

B. Efremov, A. Gorshin, S. Zhilkin, D. Lvov, I. Pilman, V. Rokhchin,
V. Samoilenko, P. Hall, P. Tsitsin and many others.

Some issues of managing the housing and communal complex as the most important component of the municipal economy of the city are described in the works of I. Bychkovsky, D. Zhukov, E. Egorov, S. Obozov, S. Sivaev, 10. Simionov and others. The studies of A. Safonov, E. Solodkova are devoted to the study of effective forms and methods of organizing the activities of subjects in this sector of the municipal economy.

Despite the importance of the problem under consideration, due to the modern needs of the municipal economy in the formation of strategic directions for development, and, accordingly, the resource provision of planned projects and programs, today in existing works there is no consensus on the theoretical and methodological basis for managing the resource-providing strategy for the development of the economy of municipalities, which predetermines the relevance of this study, the formulation of its goal and milestone tasks.

5 The purpose and objectives of the dissertation research.Target

dissertation research is to, on the basis of

development of municipalities to propose and adapt

directions for improving methods, methods and forms of increasing

resource availability of the city's economic development strategy.

To achieve this goal, the following tasks:

explore the modern specifics and trends in the development of municipalities;

to study the economic nature, the conditions of formation, the component composition of the resources for the strategic development of the municipal economy;

explore the world experience of strategic management of the development of municipalities;

to propose an integral system of methods and means of attracting economic resources to the economic complex of municipalities;

explore the role of housing and communal services as the most important component of the urban municipal economy;

suggest directions for improving organizational forms in the field of housing and communal services of the municipality;

suggest areas of information and analytical support for the adoption management decisions in the housing and communal complex of the municipality.

Object and subject of research.object research is an economic complex in the system of socio-economic development of the municipality. Subject studies are economic conditions functioning of municipalities, methods, forms and tools for strategic planning of resources for the development of the most important elements of the municipal economy of the city.

Working hypothesis of dissertation research is based on the rationale for the use of classical and modern methods and mechanisms of strategic management in the modernization of the development system of the resource component of the economy of the municipality and consists in the development of conceptual foundations, forms and methods of managing the resource supply of the strategy for the development of the city's economy, the formation of a unified and coordinated system for managing processes by attracting resources for the strategic development of the municipality, which determines the effectiveness of the functioning of individual subjects of the municipal economy, as well as the formation of information and analytical tools to support managerial decision-making aimed at more efficient use of resources available in the municipality system and the implementation of modern, adequate market conditions, options and forms of ensuring the necessary degree of resource availability of the strategy for the development of the city's economy.

Theoretical and methodological basis of the study The works of domestic and foreign scientists devoted to the problems of the functioning of the municipal economy, the formation and use of resources for its development, the strategic management of the development of the urban economy, as well as the organizational forms and mechanisms of the functioning of the housing and communal services as the most important component of the city's economy served as the basis. When developing the problem, various methodological approaches were used, including systems approach, methods of economic and logical analysis, analysis of macro- and mesoeconomic dynamics, methods of statistical and comparative analysis.

Information and empirical base of the study was formed on the basis of official data from federal and regional authorities Federal Service state statistics of the Russian Federation, analytical

7 studies of the Institute for Urban Economics Foundation, Congress

municipalities of Russia, Programs of social and economic development of the Rostov region for the period 2003-2006, Strategic plan for the development of Rostov-on-Don for the period up to 2010, Programs of socio-economic development of the city of Rostov-on-Don in 2005 , 2006, materials of monographic studies of domestic and foreign scientists, federal, regional and city programs of socio-economic development, analytical materials of research companies and institutions, as well as official Internet sites of individual enterprises, cities and regions of the Russian Federation. The main provisions of the dissertation submitted for defense:

The modern development of the municipal economy is predetermined by the steady pace of development of individual cities, municipalities, enterprises, organizations, etc., functioning in its system. At the same time, depending on the different types (cities, municipal districts) and scales (large, medium, small cities) of municipalities, the level of resource availability of municipal socio-economic development programs changes, which requires the search for additional sources and methods of their financing.

An analysis of world experience makes it possible to substantiate the feasibility and effectiveness of a corporate approach to managing a resource-provided strategy for the development of a municipality, based on the implementation of the following principles and ideas: the economy of a municipality is considered as a single economic mechanism, the elements of which, due to the presence of common goals, are able to mobilize available resources in the direction and forms that provide a synergistic effect. This determines the expediency of using technologies and mechanisms corporate governance in the urban economy as a factor in increasing the competitiveness of the municipality.

3. Successful development of the economic complex of the city's economy in

In modern conditions, it is largely constrained by a limited set of various kinds of resources necessary for the implementation of large-scale investment projects and programs aimed at modernizing the urban economy, integrating it into an innovative vector for the development of the regional and national economy. This predetermines the need to form an integral system of forms, methods and tools for activating and improving the efficiency of using the existing potential of the territorial complex of the municipal level, as well as attracting additional resources in order to ensure a sustainable trajectory for the strategic development of the city in the context of macro- and mesoeconomic determinants.

4. Operating in the city various enterprises
housing and communal services are territorial
dispersed, which negatively affects their constant
coordination and requires the creation of an information management system
functioning of this vital area of ​​the municipal
economy. Analysis of existing information and
telecommunication technologies for managing enterprises of housing and
public utilities showed that the main tasks of these systems
are, first of all, a solution to the problems of paying for housing
utilities, as well as monitoring of some housing facilities
utility complex. This necessitates the creation
information and analytical system for managing housing and
communal complex of the city, combining the possibilities
operational and strategic management of this area with the ability to
its further integration into information systems and technologies more
high level (e-city, e-government).

Scientific novelty of the dissertation research is to improve the forms, methods and tools of management

resource availability of development strategies of the municipality. TO

The number of provisions containing elements of the increment of scientific knowledge includes the following:

The trends and dynamics of the development of resources of various types of municipalities are studied on the example of the medium-term development program of the Rostov region, which can be used as a basic platform in the formation of priorities for the long-term socio-economic policy of the region's development, as well as by municipal authorities when choosing effective ways and forms of attracting resources for the development of the city's economy.

The expediency of applying a corporate approach to managing the resource availability of the strategic development of a municipality is substantiated, the essence of which is that the municipality is considered as a relatively independent economic entity that forms its strategic priorities, tactical and operational tasks and determines the methods and techniques of goal-oriented concentration of resources to achieve them and risk minimization, which makes it possible to increase the efficiency of the use of available resources in the short term, as well as the level of resource availability of long-term programs for the development of the city's economy.

An integral system of organizational forms and methods for attracting various resources to the city's economy, based on the use of marketing concept development of the urban economy and consisting in the formation of a favorable investment climate for the municipality, the integrated use of which will allow attracting additional investment resources to the city's economy; systematized approaches to the construction of effective organizational forms of strategic development of the housing and communal complex of the city, based on the integration of private and municipal

10 (public) capitals that allow you to effectively use

available resource potential of the private and public sectors

municipal economy in solving socio-economic problems

4. A mechanism is proposed for creating an information and analytical system for managing the housing and communal complex of a municipality, consisting of an operational one (automation of settlement operations and monitoring of infrastructure facilities of the housing and communal complex) and a strategic one, aimed at supporting the adoption of strategic decisions, contours, the functioning of which implies its consistent integration into information systems upper levels- e-city and e-government (at the level of the national economy); it is shown on the example of the city of Rostov-on-Don that its use allows for effective operational, tactical and strategic management of the housing and communal complex of the municipality, including the availability of resources for its development programs.

Practical and theoretical significance of the study. The conceptual provisions of the study, its practical and theoretical results aimed at improving the methods, organizational forms and tools of strategic management of the development of resources of the development strategy of the municipality, can be used by: leaders of municipalities in the development of strategic plans for the development of the city's economy; leaders commercial enterprises when developing long-term programs for integration with the state (municipal) sector in the field of housing and communal services; heads of the housing and communal complex of cities in the development of strategic development plans; potential investors in the development of the municipal economy in determining the directions and forms of investment; at

development of an information system for managing the housing and communal complex.

The results of the dissertation research can be used in educational process when conducting seminars and lectures in the disciplines "Regional Economics", "Municipal Management", "City Economics", etc.

Approbation of the research results. The main conceptual and theoretical provisions and conclusions, as well as applied recommendations of the dissertation research, were reflected in the reports and speeches of the author at a number of scientific-theoretical and scientific-practical conferences and seminars in the years. Rostov-on-Don, Taganrog, where they received a positive assessment.

Structure and scope of the dissertation work. The work consists of an introduction, eight paragraphs, united by three chapters, a conclusion, a list of references, including 189 sources, 3 appendices. The dissertation contains 12 tables, 20 figures. The total amount of work is 165 pages. Sapego Mikhail Kimovich

06/09/2012 15:06, Moscow region, website:

Interview of Mikhail Gatov, Deputy Head of the Moscow OFAS Russia, for the Information and Analytical Publication "Bulletin of Operative Information "Moscow Trades"

The commission for control in the field of placing an order of the Moscow OFAS Russia considers more than 100 applications per week on public procurement. And only 5% of them are submitted by public organizations. What is the reason for such statistics, - Mikhail Gatov, deputy head of the Moscow OFAS, answers this question.

MIKHAIL SERGEYEVICH, NOT ONLY PARTICIPANTS OF ORDER PLACEMENT, BUT ALSO PUBLIC ORGANIZATIONS, NOW HAVE THE RIGHT TO FILE COMPLAINTS TO THE FAS. DO THEY HAVE MANY COMPLAINTS IN THE “GENERAL STREAM”?

The mechanism of public control is an integral part of the legislation on placing orders. federal law dated 04/21/2011 FZ-79, amendments were made to Part 1 of Art. 8 of the Law on placing orders, significantly expanding the circle of potential applicants for the actions of the state customer. The proposal that “participants in the placement of an order are persons applying for the conclusion of a contract” was excluded from this norm. As a result, now any person or organization can file a complaint about possible violations of state customers.

In addition, the development and implementation of a public procurement website (zakupki.gov.ru) provides an opportunity to study the entire procurement procedure for any interested person, from the publication of documentation to the selection of a winner and the conclusion of a state contract. This was done to increase the responsibility of state customers and maximum transparency in the activities of all participants in the placement of the order.

As for the direct answer to your question, at the moment, applications from people who are not directly interested in concluding a state contract are less than 5%.

WHO IS THE MOST OF ANOTHER COMPLAINTS? WHICH PUBLIC ORGANIZATION IS MOST ACTIVE AND PROFESSIONAL?

IN Lately is increasingly involved in monitoring and appealing the actions of government customers Interregional public organization promoting the protection of the rights of citizens and the security of the "Safe Fatherland" society. She has a large number of complaints filed against various actions of state customers. At the same time, a large number of identified violations are of a formal nature and do not entail the issuance of an order, since they do not affect, and cannot affect the result of the auction.

Also, the Moscow OFAS Russia often receives complaints from organizations such as Young Lawyers LLC, Rollbackless Delivery OJSC, which operate on the basis of applications from citizens and legal entities, as well as on the basis of independent research and monitoring of information located on the official website of public procurement .

IT WOULD BE GOOD TO GIVE SPECIFIC STORIES WHEN THE PROFESSIONALISM OR, ON THE CONVERSION, THE AMAZING APPROACH ON THE PART OF PUBLIC PERSONS WAS DEMONSTRATED.

Often, actions that are challenged are related to the lack of requirements for the scope of work to be performed under the contract. This deprives the participant in the order placement of the opportunity to reasonably formulate his proposal, for example, in the absence of design and estimate documentation for the implementation construction works, in case of complaints from public figures about the actions of the state customer of the Main Directorate of the UKS EMERCOM of Russia.

But there are other cases as well. For example, citizen K., using her right to unlimited filing of complaints with the supervisory authority, for many months appealed literally all the actions of the state customer - the Fund for Assistance to the Development of Small Enterprises in the Scientific and Technical Sphere during the open competitions for small businesses under the Start-2012 program. As a result of consideration of her "signals", most of them were found to be unfounded.

WHAT CAN YOU SAY ABOUT THE MOTIVATIONS THAT, IN YOUR OPINION, THE LEADERS OF PUBLIC ORGANIZATIONS ARE GUIDED WHEN SUBMITTING COMPLAINTS TO THE FAS? IS CIVIL SOCIETY WAKEING UP IN RUSSIA? OR IS THE Score SET THAT WAY? MAYBE SOMETHING THIRD?

The placement of state orders in the Russian Federation has always had a sharp resonant character, which often attracted public attention. For some, filing a complaint is really a struggle against inefficient spending of budgetary funds and restrictions competitive environment, for someone - an opportunity to attract attention and declare oneself in the market of state orders. It should be noted that the Federal Antimonopoly Service in the exercise of control functions is out of politics. Regardless of the entity that filed the complaint and its motive, the FAS in any case checks for compliance with the procedures for placing government orders current legislation. In case of violations, takes measures to eliminate and prevent them.

WHAT WILL HAPPEN IF THE FLOW OF COMPLAINTS FROM PUBLIC PERSONS INCREASE SEVERAL TIMES? DOES THE MOSCOW OFAS HAVE THE POSSIBILITY TO CONSIDER 150 OR MORE COMPLAINTS PER WEEK?

It should be taken into account that the consideration of complaints is associated with a number of adverse consequences, including for public institutions. The procedure contains mandatory requirement on the suspension of placing an order in the manner prescribed by Part. 4 Article. 60 FZ-94, which often causes disruption of work that is continuous.

In addition, the mechanism for appealing against the actions of a state customer does not provide for a procedure for paying a “state duty” (by analogy with a lawsuit), which serves as a kind of guarantee of the good faith of the applicant. This circumstance is conducive to the fact that among the applicants there are persons pursuing an unseemly goal - through a complaint to put pressure on the state customer or to disrupt the placement of the order. At the same time, completely different interests can be realized under the banner of combating “corruption of officials”, as a result of which the terms for concluding a state contract are delayed, obstacles are created for the implementation of economic activity customers, and sometimes there are negative social consequences.

At the moment, the Commission for Control in the field of order placement of the Moscow OFAS Russia is already considering more than 100 applications per week. And this is not the limit: there is a tendency to constantly increase the number of complaints filed. This indicates an increase in the activity of both potential participants in the placement of an order, applying to protect violated rights, and entities that independently monitor the activities of state customers. In any case, public activity in the field of public procurement is important element development of civil society.

Public procurement is a competitive process, which guarantees increased attention to them from the antimonopoly authorities. Mikhail Gatov, Deputy Head of the Office of the Federal Antimonopoly Service (UFAS Moscow), tells how the capital's antimonopolists coped with their tasks in 2015.

- Mikhail Sergeevich, how often did bidders apply to the Moscow OFAS in 2015, did the number of applications decrease or increase? How many of these appeals were justified?

Since 2010, there has been a steady increase in the number of complaints received. So, if in 2010 there were only 3 thousand such complaints, then by the end of 2014 we received 10 thousand. As of December 1, 2015, we already have more than 10 thousand complaints, that is, annually is growing. With regard to the validity of these appeals, there is a more or less stable situation. As a rule, justified complaints are about half. To be more precise, at the beginning of December, 48% of all complaints received were recognized as such, while last year there were 59%. In this regard, we can say that there is still a tendency, albeit insignificant, to reduce the number of justified complaints.

- And what is it connected with?

This is mainly due to the fact that, following the results of 2014, the Moscow Department of the FAS Russia repeatedly issued orders to amend the tender documentation. This was done because the customers abused their right to generate needs. They included in the auction documentation technical requirements that were not related to the subject of the auction. Accordingly, this year, among the justified complaints about excessive requirements in the terms of reference, only 1% of those who applied complained, while in 2014 we had more than 50% of such complaints.

- Does the OFAS independently check the tenders or does it work only at the request of one of the parties to public procurement?

The fact is that we have two directions. Firstly, this is the control department, which considers only the complaints of the participants who filed them themselves. Secondly, this is the department of inspections, the task of which, based on the name, is to conduct scheduled and unscheduled inspections, based on the results of which the issue of including participants in the register of unscrupulous suppliers is considered. We also conduct joint inspections with law enforcement agencies upon receipt of relevant requests from them.

In 2015, we carried out 405 inspections, including two scheduled field inspections. As a result of this work, 532 violations of the law on the contract system were identified.

During the same period, the OFAS staff considered 3,200 applications for the inclusion of information about suppliers who evaded the conclusion of a contract, as well as suppliers with whom contracts were terminated, and they themselves were included in the register of unscrupulous suppliers. At the same time, more than 700 appeals were considered during the first and second quarters of 2015.

- How many materials on the results of inspections are transferred to law enforcement agencies?

Based on the results of justified complaints, we issue orders, which in almost the vast majority of cases are executed by customers, therefore materials are not transferred to law enforcement agencies on their own initiative. However, it happens that during joint inspections, law enforcement agencies reveal information that theft occurred during the auction Money or there was collusion between customers and participants. In this case, all materials are transferred to law enforcement agencies.

- What offenses are most often committed by customers?

About 60% of the identified violations are violations committed in the actions of the auction and tender commissions of customers when considering submitted applications. In other words, more than half of the complaints received are complaints from participants that they were illegally denied admission.

The fact is that when considering applications, commissions are guided by the requirements of approved procurement documents, which are often drawn up in such a way that they do not allow unequivocally determining the needs of the customer. It should be noted that in order to prevent negative socio-economic consequences as a result of failure to meet the deadlines for procurement when violations in approved provisions documentation management issues binding instructions not to take into account the conflicting requirements of customers. This makes it possible to maintain the competitiveness of such purchases and achieve efficient spending of budget funds.

- Is there still such a violation when one letter is replaced by another in the documentation?

Now the functionality of the site has already been finalized and regardless of how the customer will state the subject of the auction - using letters, numbers, Latin, anyway, the participant, conducting a search in Russian, will find all these orders. So this problem is solved.

- But there are different violations, some - deliberate, others - out of ignorance. What more?

In our opinion, the establishment of excessive requirements in the terms of reference in most cases is aimed at making it difficult to submit an application and deliberately limiting the potential circle of participants. Therefore, here we can unambiguously speak about the presence of intent in the actions of the violator. There are, of course, cases when the customer, out of ignorance, has set some kind of requirement, for example, about having a license that is not needed, or some other restrictions, but this is rare. To reiterate, in most cases, when requirements are set that are in no way related to the subject of the bidding and, moreover, cannot be verified upon acceptance of the goods or services, they are aimed at limiting the number of bidders. And if at the time of consideration of the complaint, the preliminary results of the consideration of the first parts, and sometimes the results of the auction, are already known, this also happens, then if the complaint is filed on the last day of receiving applications, you can see an interesting picture. 2 - 3 bidders are allowed to trade, and the percentage of the initial price reduction is only 3 - 5%, while bids of 10 or more other bidders are rejected. In this case, we can conclude that the actions of the commission and the actions of the customer, who included excessive requirements in the auction documentation, were nevertheless aimed at reducing the circle of potential participants.

- Which organizations break the law more, which less?

It is difficult to say about certain organizations. It is easier to say about the areas and directions in which the main violations occur. According to our data, the most violations of procurement procedures occur in the field of procurement of services for motor transport and Maintenance, that is, in those areas where there is no need to make demands on goods, because we are talking about the provision of a service. True, nevertheless, the law allows customers to make certain requirements for those goods that will be used in the provision of services. Here the "creativity" of the customer is practically unlimited.

For example, we have met the requirements for the height of the pedal assembly in a car that must carry out transportation. Some customers include parameters in the documentation that determine the force of the throttle valve tension or the composition of the washer fluid. Moreover, the liquid is laid out at the molecular level. In this case, even if a washer fluid supplier of some well-known manufacturers participates in the auction, it may not contain as many components as the customer requires. To meet these requirements, it is necessary to conduct an examination of each batch of goods. And it is not a fact that each batch of the same coolant will satisfy the exact requirements of the customer. At the same time, even GOST provides for ranges of values.

As for maintenance, the situation is similar. For example, they make demands on rags that will be used to wipe car surfaces. The customer specifies what color it should be, what shape its edges should be, how many teeth they should have, etc. On this basis, the customer tries to find a discrepancy in the applications and refuse the participant.

At the end of the year, we traditionally receive a large number of complaints about tenders for removing snow from the streets of Moscow. As in the past year, the customer makes demands on the participants that they bear the full liability for the safety of road infrastructure facilities and must carry out repairs at their own expense in case of damage to it. We consider this requirement to be justified.

However, at the same time, the customer also imposes requirements on asphalt concrete mixtures, the quality of the side stone and other materials that will be used in the restoration of road network facilities if they are damaged. In our opinion, and in the opinion of the bidders, companies that, say, provide snow removal services are primarily engaged in maintenance, and not overhaul expensive and therefore cannot know all the components of asphalt mixtures. Moreover, if damage is caused, they can involve a company that specializes in these works to eliminate it.

- As far as I know, the FAS is currently developing a single instruction for Moscow customers on the preparation of the first parts of applications. How are things going with this?

We have entered into an agreement with the Government of Moscow on cooperation. Within its framework, OFAS, together with the Main Control Directorate, the Tender Committee and the Department of Economic Policy and Development of the City of Moscow, is working on the creation of a standard instruction that will explain to customers how to write the terms of reference correctly. As you know, Moscow is now moving to a new information system, through which the customer will place the auction, - on EAIST 2.0. New instruction, on which we are currently working, will be sewn there, and the customer cannot change it in any case. We are also working on creating standard technical specifications for the main capital-intensive industries. In other words, let's limit the "creativity" of officials in regard to the description of security services, food, construction, etc. The terms of reference for the procurement of security, catering and construction services have already been approved.

After everything is ready, the customer can take standard forms contract, standard instruction, standard TOR and adjust the terms, volumes, amounts to suit your needs.

For metropolitan customers, the use of standard TK is mandatory. They simply won't have another opportunity. But on the territory of Moscow there are also federal customers - these are territorial executive authorities federal bodies, federal government agencies, budget institutions. How to deal with them is not yet clear, at this level the issue has not yet been resolved.

As before, Moscow set uniform procurement standards for state-owned companies by approving government decree No. 441, in the same way it is working to create standard technical specifications, that is, it independently limits customers in the possibility of some kind of abuse.

- What are the main achievements of the Moscow OFAS this year?

A great achievement of our work is the reduction in the number of mandatory orders issued by customers to eliminate violations of the law. So, in 2013, 2761 such prescriptions were issued, in 2014 - 3446 such prescriptions, and as of the beginning of December 2015 - only 3197.

During 2014, the number of complaints about the provisions of the procurement documentation for the first time exceeded the number of complaints about the actions of the tender commissions of customers, while most of them revealed violations of Art. 33 of the Law on the contract system. The result of the current control in 2014 with the repeated issuance of orders to eliminate violations is that in 2015, only in one of 100 cases there are violations in the documentation.

With the adoption of the Law on the contract system, the list of procurement items was expanded, for which the customer has the right to select a supplier in a competitive form, taking into account not only the price criterion, but also the proposal itself, as well as the qualifications of the participant. It should be taken into account that the significance of non-monetary criteria can reach up to 80%. This situation has created considerable potential risks in the abuse of tender commissions and the limitation of the competitiveness of procedures. However, we are closely monitoring this situation and suppressing such encroachments, which we plan to continue to do.

At the request of the BOI editors, Mikhail Gatov, Deputy Head of the Moscow OFAS Russia, commented on some of the results of the consideration of complaints in the field of state orders for the first half of this year.

In the first half of this year, the growth trend in the number of complaints against the actions of customers and members of tender commissions continues. During this period, the Moscow OFAS Russia considered more than 3,200 complaints - against 2,200 considered in the same period in 2012. It should be noted that if in 2012 the percentage of justified complaints was 47 percent, then for two quarters of 2013 more than half of the considered complaints - 57 percent - were recognized as justified.

The increase in the number of complaints was observed in several directions at once. These are, first of all, second-level tenders for the purchase of services for the improvement of the territory, placed by engineering services (GUIS) of Moscow districts and housing and communal services directorates. There were more than 1,000 such complaints, and 65 percent of them were found to be justified.

The vast majority of complaints against the actions of customers considered by the Office are related to violations by members of the commissions of customers of the procedure for selecting bidders, expressed in the denial of admission to bidding on grounds not provided for by the Law on Placing Orders.

Quite often, bidders simply do not know why they are being denied admission to bidding. Since in the notices of the decision taken in relation to the bids submitted by the auction participants received from the operators electronic platforms, does not contain the necessary information provided for by Part 6 of Art. 41.9 of the Law on placing orders. In particular, the provisions of the documentation on an open auction in electronic form, which does not correspond to the application for participation in it. This leads to the fact that the participants in the order placement file a complaint against the actions of customers, and then the antimonopoly authority, in accordance with Part 4 of Art. 60 94-FZ, suspends the placement of the state order until the complaint is considered on the merits. At the same time, there are cases when, having learned the reasons for the refusal to admit to participation in the auction, the participants in placing an order agree with them.

In the first half of 2013, the bidders actively challenged the tender documentation. Often, along with the established maximum / minimum values ​​of the characteristics of the goods specified in the terms of reference, the documentation contains chaotically presented regulatory and reference information containing conflicting requirements. This creates obstacles in the formation of a specific offer of participants in the order placement, when considering which customers refuse admission to the majority of participants (sometimes 17 out of 20), which entails a minimum reduction in the initial (maximum) price due to the lack of competition.

In addition, the use by customers in the tender documentation when describing the minimum and maximum values ​​of the characteristics of the required goods of various unions and punctuation marks such as "from", "to", "/", ",", ";" and others, along with the lack of a procedure for explaining their application, entails an ambiguous understanding of the needs of the customer by the participants in placing an order. At the same time, a large number of unfounded complaints are due to the fact that participants in placing an order do not use the right to clarify the provisions of the bidding documentation provided for by the Law, but prefer to immediately appeal against the actions of the customer, while at the same time finding it difficult to explain the provisions of which article of the Law on placing orders the Customer violated.

The use of "complicated" documentation about the auction, the lack of uniform requirements for the content of the first part of the application, entails the denial of admission to bidding for the majority of participants in the placement of the order and a minimum reduction in the initial (maximum) price. At the same time, even if the actions of the auction commission, which decided to reject most of the submitted bids for formal reasons, are recognized as lawful, the content of the auction documentation reveals a number of violations and requirements deliberately created in order to limit the number of participants in the order placement. As a result, government customers are issued binding instructions, including on amending the auction documentation, which, as a result, entails a delay in the procedure for performing work, providing services, and supplying goods.

Also, the Moscow OFAS Russia is actively working to attract officials violating the Law on Placement of Orders, to administrative liability. During the first half of 2013, 140 cases of administrative offenses in the field of placing state orders, the consideration of which resulted in the prosecution of persons guilty of committing offenses in the amount of more than 1.5 million rubles.