The concept of "state order" is known to many. But what is a municipal order? We have to find out in this article. Imagine the definition of this word, a variation of such an order. We will determine for him the legislative framework, rules and principles of placement.
The concept
A municipal order is a procurement by a local government structure using public funds for these purposes. First of all, budget money.
The system of such orders is one of the main regulators of economic processes at the local level of government. In some cases, the municipal order is interpreted unreasonably narrowly - a variety of competitive procurement of varieties of material resources for the needs of the municipality. Even rarer is the way municipal services are provided.
A broader understanding of the municipal order: this is the ideology of the formation and further use of the expenditure share of local budgets, one of the elements of managing the financial resources of the entire mass of municipalities.
The problem of modernity
Ideally, all products purchased for the needs of the local government should go through municipal orders. And also the whole mass of budget municipal services provided by both municipal and other types of performers.
But at present, unfortunately, the placement of municipal orders in the Russian Federation is more an exception than the rule. There is no single service that would be responsible for organizing such orders. Therefore, each structural department of local self-government is independently looking for performers. Or works only with acquaintances known to him by suppliers, having closed for himself the opportunity to get acquainted with more profitable and reliable new cooperation.
Municipal or state?
Are there any differences between municipal and state orders? Yes, but actually the difference is small. The legislation nevertheless defines municipal order as a separate phenomenon. This is necessary in the first place in order to identify the customer - municipal or state authority. But both of them work in one direction - this is the satisfaction of state needs.
Specialized agencies are involved in the management of such orders and the creation of Internet sites for them. They monitor how lawfully the order is placed, and whether the procedures accompanying it comply with the requirements of the law.
Contract or order?
It is necessary to distinguish between these close, but different concepts. Consider how they are interpreted by the Russian Budget Code.
A municipal contract is a type of contract concluded by the local government, various budgetary institutions, authorized bodies or organizations on behalf of a particular municipality with individuals or legal entities. The purpose of this contract is to ensure municipal needs, which are provided by the boundaries of local budgets.
A municipal order is a set of already signed municipal contracts - for the supply of products, the provision of services at the expense of funds from the local state treasury.
What is the subject of the order?
According to Russian law, the subjects of municipal orders are:
- Landscaping activities.
- Construction, overhaul, reconstruction of the roadbed.
- Repair of facilities related to social infrastructure.
- Supply for municipal needs of various fuels and lubricants.
- Recycling and further disposal of waste.
- Maintenance, maintenance, overhaul and maintenance of both residential and non-residential municipal fund and engineering network.
- Deliveries of various types of goods for municipal needs.
- Deliveries of consumer goods - for children and the poor.
- The provision of other services that can ensure the satisfaction of social, cultural and domestic needs of citizens.
Main tasks
Placing municipal orders immediately pursues several important tasks:
- Reduced costs for certain types of goods and services.
- Targeted provision of social services to the population, which objectively needs such support.
- Priority development of specific types of services, the volumes of which for certain reasons cannot be regulated by market mechanisms.
- Reducing the periods of execution of municipal services, ensuring their high quality.
Implementation principles
Consider now the most important principles for the implementation of municipal orders:
- Application of normatively established procedures for planning and further procurement.
- Providing everyone with open access to participate in ongoing competitions for the implementation of municipal orders. This includes the procurement of products for municipal needs at various commodity exchanges.
- Tight control over the placement of municipal contracts.
- Providing budget savings.
- Compliance with the principles of free competition.
Legislative regulation
Consider what is said about the municipal order in the law. The following will act as regulatory acts:
- Federal Law "On the placement of orders for work, goods and services for municipal and state needs" No. 94 (2005).
- Art. 7.29 - 7.32 Administrative Code of the Russian Federation.
- Art. 447-449 of the Civil Code of the Russian Federation.
- Art. 70-73 of the Russian Budget Code.
It should be noted that currently in many municipalities regulatory acts have been adopted that regulate the processes of placing orders by the local government.
Varieties of Phenomenon
Placement of the municipal order (as well as the state one) is carried out in the strict framework of the tender. The main objective of the tender for the implementation of such orders is to find suppliers who are ready to offer the most reliable and profitable cooperation.
Municipal orders are usually placed on a special official website. Regardless of the amounts appearing in them.
The law on state and municipal orders introduces several approved methods for its placement:
- Open or closed competition.
- Open or closed auction.
- Request for quotes.
- Holding exchange trading.
- Electronic auctions.
- Conducting purchases from a single supplier.
Posting Rules
Municipal order - this is the choice of the most suitable option among the above. The volumes and terms of the contract, which state or municipal authorities intend to implement, have a great influence on him.
The state customer himself and the special organizer hired by him can also be involved in the formation of the order. Today you can meet a lot of specialized organizations involved in the management of municipal orders.
This order is formed by creating tender documentation. It describes all the requirements for the necessary state or municipality goods, services, works. The dates are indicated during which the performers can leave their applications for the execution of the order. After its full formation, the order is placed in a special register on the municipality website.
Placement of a municipal order (for municipal services, for example) is necessarily open. Purpose: so that as many contractors or suppliers as possible can take part in the tender. The main goals of holding such an event are several:
- Creating suitable conditions for healthy competition.
- Ensuring transaction transparency.
- Savings from state or municipal budgets.
Flow chart
In most cases, customers adhere to this scheme. However, in relation to certain municipalities, it may vary:
- Development of a draft local budget for the upcoming fiscal year. Collection of applications on the needs of budgetary structures for various kinds of goods, services, works - within the planned budget allocations.
- Development of a consolidated plan of municipal order.
- Identification of customers for individual items. In other words, it is determined who and in what niche of municipal activity will be endowed with this function of the customer - the power to conclude municipal contracts with contractors and suppliers.
- Placing a prepared municipal order. Accounting for contracts, control over their implementation.
During the execution of the order, the collection of applications from the municipality structures for the upcoming fiscal year is held in parallel. By its beginning, the master plan should already be fully prepared for approval.
Organization and execution
The municipal order for municipal needs is placed, as we have already noted, openly. To make a tender or auction closed, you need only good reason. For example, ensuring state security. Or tight deadlines. Permission is also required from special government agencies involved in managing public procurement.
After a new order appears on the municipality's website, its customer must report this fact to the local media. Otherwise, the tender may be declared invalid.
The very management of such municipal orders is a rather complicated process from the legal side. Therefore, a greater number of customers prefer to delegate it to specialized implementing firms. Professionals hold tenders from the initial stage (creating suitable conditions for holding) to concluding a contract with a specific contractor or supplier.
Municipal order is largely reminiscent of the state. Only the customer here is not the federal government, but the local government system. So far, the practice of placing such orders is not widespread in Russia. But in some municipalities, relevant regulatory acts are already in place to regulate the placement of such orders.