Rus News Journal

Moscow oprozrachit FKS

Capital has counted the law on Federal contract system too soft for customers

Tender committee of Moscow has directed to the Federation Council and the State Duma the offers (is on hand daily) on completion of the bill of Federal contract system (FKS). Capital department considers necessary to differentiate powers of control bodies, to reconsider a question of counteraction to a dumping, to toughen rules for the customer and suggests to enter a quota on purchase of innovative production.

the Bill about FKS has been considered by the State Duma in the first reading on June, 20th. The second reading is planned for September-October of current year, however officials and experts already direct the whole packages of amendments to the document.

As it became known daily, the amendments to the State Duma and the Federation Council were directed also by tender committee of Moscow­. Capital officials are assured that “ a conscientiousness presumption “ The customer, put in the project, can essentially limit in the rights of participants of the auctions. So, one of offers of tender committee consists in limiting the customer in terms on cancellation of procedure of purchases (not later than five days to an expiry date of term of giving of demands). “ Now to cancel procedure it is possible at any moment, including after the demands acceptance expiry of the term. It is clear that it bears certain corruption risks “ - explains the first zamrukovoditelja tender committee Oleg Burtsev.

Antidumping mechanisms also should be reconsidered. Now possibility is registered in the bill to reject the demand with the offer on the price of the contract below 25 % from starting if it does not contain a substantiation of such cost. However the exact list of documents in the bill is absent. Authorities of the capital suggest or to concretise the list of the documents confirming a substantiation of reduction of price, or to provide contract execution in the raised size of guarantees (in 1,5 times, now it makes to 30 % from contract cost). “ Increase in the size of maintenance - norm fair. It can be protection against a dumping. But discussion on this question is not finished “ - senator Yury Rosljak familiar with offers ­ of tender committee speaks­.

Authorities of the capital also consider necessary to register the exact size of penal sanctions. For unfair suppliers it is offered to apply the penalty at a rate of not less 1/ 300, but no more than 1/ 150 rates of refinancing of the Central Bank (now 8 %), to the customer - 1/ 150 rates. “ According to the bill the customer can establish any size of the penalty. The participant of the auctions can protest the decision of the customer through court, but it occupies a lot of time “ - the head of partnership of professionals of the state order Ekaterina Lezina explains.

the Tender committee also suggests to add the bill with the norm obliging the participant of the auctions to pay the state duty in the event that its complaint concerning actions of the customer was unreasonable. “ now businessmen frequently abuse the right of the appeal of actions of the customer. It leads to a tightening of procedures of placing of orders. Earlier with idea of introduction of state duties acted FAS “ - Ekaterina Lezina speaks. However the given initiative causes ambiguous reaction of business. “ in any degree this norm can limit business. All depends on the size of the state duty. It is proved or not a justified complaint, practice can show only, and FKS still at all did not start to work “ - the chief executive of the Moscow branch " adds; the SUPPORT of Russia “ Alexey Dautov.

One more initiative assumes introduction in the bill of the norm obliging customers to buy innovative production at a rate of not less than 5 % from the general annual volume of purchases. Now such practice is applied in Moscow (¹67 - software “ About system of purchases of a city of Moscow “) . “ we have a problem with introduction of innovative technologies. Other question what will be criteria of innovative production. In Moscow have thought up advisory council which analyzes projects, and then brings them in the special electronic register which the customer can use. If to make selection opened, with participation of experts these measures could be included in the bill “ - Alexey Shestoperov from NISIPP considers.

the tender committee suggests to reconsider also a question of distribution of powers on supervision and control over execution of the legislation in the field of FKS. So, powers on supervision it is offered to assign to federal enforcement authorities (and to limit a supervision subject), and powers of supervising bodies to differentiate.