The state often acts as a customer in the field of property relations. There is a federal law on public procurement, which will be discussed in detail in this article.
Objectives of the Federal Law
What relations does the regulatory act represent? Section 1 of Law No. 94-FZ "On Public Procurement" provides for the placement of various orders for the supply of products or the performance of certain services. The law establishes the norm according to which it is necessary to monitor the implementation of the constitutional principle of the unity of the economic space. The power in Russia, according to the law, should effectively spend budgetary funds. State orders should be directly related to ensuring an optimal standard of living for citizens.
In what situations does this law apply? Article 1 refers to cases of placing orders, performing work, rendering certain services, etc. At the same time, the effect of the regulatory act in question does not apply to the following types of relations:
- the appointment of a lawyer by the investigative authorities during criminal or civil proceedings;
- Attracting a lawyer to provide legal assistance.
The federal law "On public procurement", therefore, regulates relations related to state needs and their satisfaction.
On the needs of the state
What is meant by state needs? Article 2 of the normative act under review states the need to satisfy needs in the field of searching for customers, sources of financing, ordering certain goods or services, etc. State needs at the federal level are met at the expense of the federal Russian budget.
Budget organizations and institutions in the constituent entities of Russia must be timely financed by the state. This is necessary to meet the needs for services, goods, work, etc. The state is developing special targeted programs, in accordance with which it carries out certain types of procurement. There are also municipal needs. This, according to the law, provides for the needs of budget organizations at the expense of the regional treasury.
About the competitive basis
The Federal Law "On Public Procurement" enshrines several main types of implementation of the state order. Thus, chapter 20 establishes the rules according to which orders can be placed by the authorities on a competitive basis. In this case, competition is understood as bidding, in which the winner is the person who has proposed the best conditions of the contract.
Competitions can be held on an open and closed basis. Products or conditions that should be a state secret are usually the reasons for holding a closed competition. The law prohibits the collection of bidders. Under the ban and conducting negotiations of the customer with the participants of the tender or the tender committee. Otherwise, a legal decision will be made to declare the entire event invalid.
About the auction
Chapter 3 of the Law "On Public Procurement" sets forth the rules in accordance with which auctions for the right to conclude state contracts are held. Auctions in this case are ordinary trades. During the event, the status of the contractor is acquired by the person who was able to offer the lowest cost for the execution of the contract.
The difference between the auction and the competition is only one: in the first case, the candidates for the performers offer optimal conditions, and in the second - the optimal price. The rest of the auction is practically no different from the competitive basis. There is also the opportunity to make the process open or closed. It is forbidden to conduct a secret dialogue with any of the participants and to charge candidates for participation.
Other ways to place orders
FZ-94 The Federal Law "On Public Procurement" establishes several basic ways to conclude a contract. So, chapter 4 talks about the ability to request quotes. These are ways to get information about the required goods or services. The customer carefully examines the quotes and, as a result, makes a decision on cooperation with a particular contractor. Chapter 48 of Article 48 refers to the request for quotations for the provision of emergency humanitarian assistance.
Chapter 3.1 talks about the ability to conduct auctions in electronic form. Moreover, trades can still be both closed and open. Finally, article 55 sets out the rules according to which the state has the right to appeal to one performer. This happens in situations where the supply of goods or the provision of services belongs to the field of natural monopolies (for example, as in the case of Gazprom).
Neither the state represented by the customer, nor the executors should allow violations of the Law on Public Procurement. Otherwise, legal proceedings of an appropriate nature will be instituted.
On the protection of the rights of bidders
Chapter 8 of the federal law speaks of the possibility of appealing against the actions of the customer in the person of the state if the latter violated the norms established by law. You can also appeal against the actions of the operators of the electronic platform where the auction was held, complain about the actions of the auction or tender commission, authorized body or specialized authority. An appeal, it is not difficult to guess, can only happen in a judicial proceeding. Articles 57-61, in which all these norms are established, are a kind of guarantors of protection of the rights of participants in placing an order.
What changes were made to the Law on Public Procurement? I must say that legally the entire considered normative act already does not exist, and Federal Law No. 44 "On the contract system in the field of procurement for the needs of the state and municipal character" has entered its place. In fairness, it is worth noting that all the rules and regulations presented above are still functioning. However, they are fixed in the new document of 2013.