The following can be selected as criteria for assessing the effectiveness of contracts concluded as a result of placing orders for state and municipal needs:
- - compliance with customer needs
- - completeness of the contract, which implies the presence in the text of the contract of a clear definition of the subject of purchase with its classification as goods, works or services, clear and understandable requirements for the subject of purchase, the duration of the contract, the rights and obligations of the parties, the final result of the implementation of the contract, the procedure for acceptance of supplied goods , the work and services performed, rules for resolving disagreements, sanctions for violating the terms of the contract, the possibility of attracting a subcontractor and the rules for interacting with them
- - economic efficiency (taking into account maintenance costs, etc. and all adjustments made), understood as the use of the minimum possible level of financial resources to purchase the required volume of goods, works and services
Description of indicators used in assessing the effectiveness of contracts concluded as a result of placing orders for state and municipal needs
Performance indicators must meet a number of criteria in order to be useful and effective for analyzing the existing system of state and municipal procurement. In order to identify the most appropriate performance indicators, we first consider these criteria.
First, the metrics must be relevant to each organization. One way to determine relevant indicators is to correlate the indicators with the goals and objectives of the organization or a specific area of its activity.
Secondly, indicators must be clearly defined to ensure that the necessary information is collected and can be compared fairly. Unclear definitions can lead to problems in collecting information and misinterpretation of data.
Thirdly, the indicators must be justified. Indicators must be calculated on the basis of information that can be verified as authentic.
Fourthly, the indicators must be economically justified. There needs to be a balance between the costs incurred in collecting data and calculating indicators and the usefulness of these indicators. Therefore, whenever possible, indicators should be constructed based on existing information.
Fifthly, indicators must have the following characteristics: absence of double interpretation of indicators, sensitivity to changes, statistical validity, reasonable time frame for collecting information.
Taking into account the criteria described above and the peculiarities of the current legislation, it seems advisable to select the following indicators of the effectiveness of contracts concluded as a result of placing orders for state and municipal needs:
- 1. type of contract
- 2. indicators of the effectiveness of the conditions provided for in the contract
- - clarity of formulation of requirements for the subject of procurement
- - lack of an explicit description of product characteristics corresponding to a specific trade name
- - presence in the text of the contract of technical characteristics, properties and quality of the subject of procurement
- - the terms of the contract take into account the risks inherent in this group of products
- - the presence in the text of the contract of information regarding the warranty period of service, the scope of work for warranty service and the time during which they must be carried out
- - breakdown of the contract execution process into several stages
- - precise designation of the terms of the contract execution stages
- - the text of the contract describes the process of conducting financial transactions between the supplier and the customer
- - the text of the contract indicates the full cost of the subject of purchase
- - the text of the contract indicates the amount of security for the execution of the contract
- - the text of the contract indicates the amount of the advance if the contract provides for the payment of an advance
- - presence in the text of the contract of a description of copyright
- - the presence in the text of the contract of a description of the final result of the implementation of the contract
- - the contract describes in detail the procedure for accepting goods, works and services
- - presence in the text of a clear description of the rights and obligations of the parties
- - the presence in the text of the contract of conditions that determine the possibility of attracting a subcontractor
Presence in the text of the contract of the parties' liability for violation of the terms of the contract
- - the presence in the text of the contract of a description of the procedure for resolving arising disagreements
- - the presence in the text of the contract of conditions for termination of the contract
- - the text of the contract indicates the duration of the contract
- - the presence in the text of the contract of requirements for information transmission channels during the implementation of the contract
- - the text of the contract describes the procedure for monitoring the execution of the contract
- 3. contract price efficiency indicator
- - comparison of the average market price for similar goods, works, services with the contract price
- (contract price / average market price) * 100%
A contract will be considered effective if the contract price is lower than the average market price level for similar goods, works, services or approximately equal. If the contract price exceeds the market average, but not by more than 5%, then the contract is considered moderately effective. If the price exceeds the price by more than 5%, the contract is considered ineffective.
- 4. indicator of compliance of purchased goods, works, services with quality requirements
- 5. indicator of compliance with delivery times
- 6. degree of satisfaction of the end consumer.
All of the above indicators can be ranked on a five-point scale, where:
- 1 - not in the contract / unsatisfactory
- 2 - mentioned in the contract / extremely satisfactory
- 3 - present in the contract, but not described in detail/satisfactorily
- 4 - all conditions are clearly stated / good
- 5 - all conditions are spelled out in extreme detail and clearly, the end result exceeded the planned / very good.
Based on the selected criteria and indicators, it is possible to assess the degree of achievement of procurement goals; analyze the text of the contract, the completeness of which is an integral condition for the maximum achievement of planned goals; assessing the degree of compliance with the terms of the contract; assessment of the economic efficiency of procurement. The effectiveness of the listed parameters together determines the effectiveness of contract execution.
Thus, using these indicators, it is possible to rank concluded contracts for various product groups and examine the data obtained for differentiation in the degree of efficiency of execution of a contract with a fixed price in cases where the procurement objects are different. Such a study in this work is limited to analyzing the text of the contract and comparing the contract price with the average market price for similar goods, works, services due to the lack of sufficient data on the progress of execution and acceptance of the contract results.
Since the assessment of the effectiveness of contracts includes an indicator of taking into account the risks inherent in each specific group of purchased goods, works, services, the main risks inherent in the selected product groups will first be analyzed, and then the effectiveness of contracts for certain product groups will be assessed in accordance with the proposed criteria .
The methodology for assessing the effectiveness of public procurement in the Russian Federation is intended to assess the activities of government customers from the point of view of efficiency, legality, and discipline in the execution of government functions by them to meet government needs for goods, works, and services.
Within the framework of the methodology, both a rapid assessment of the effectiveness of individual purchases and an analytical assessment of the effectiveness of purchases as a whole for customers and industries are carried out.
There is a traditional assessment - assessing the effectiveness of spending budget funds for a specific purchase. This assessment will allow you to quickly determine what budget savings are for each specific purchase. However, the ordering system is not evaluated or analyzed here.
Therefore, along with operational assessment, an analytical comprehensive assessment is being introduced, which makes it possible to evaluate not individual order placements, but their entire system as a whole, to evaluate not only money savings, but also a whole range of indicators of the efficiency of the procurement system, in particular - planning, determining the initial price, average deviations of contract prices from the industry average, compliance with legislation when placing orders, execution of contracts.
Both types of assessment are used in parallel - operational for each purchase, analytical - comprehensively, based on the results of the reporting period for individual customers, industry departments, procurement sectors, and the entire public procurement system of the Russian Federation.
The results of each specific purchase are assessed for the effectiveness of spending budget funds by determining savings. Savings are determined as a percentage of the initial contract price.
At the same time, an assessment is given based on the savings obtained and specific recommendations are given for increasing savings during procurement.
The efficiency indicator (E) is calculated as:
From the beginning- initial contract price,
From con- the price at which the contract is concluded.
At the same time, procurements are assigned different degrees of efficiency in spending budget funds.
Table 4. - Degrees of efficiency in spending budget funds
| Performance Indicator Value | Performance assessment | Necessary actions |
| E=0 | Ineffective | Market research Attracting suppliers |
| E<5% | Low efficiency | Market research Attracting suppliers The initial contract price may be very accurately determined |
| 5%<Е<12% | Regulatory efficiency | Doesn't require any special action |
| 12%<Е<20% | High efficiency | Particular attention to the performance of the contract by the supplier |
| E>20% | Unreasonable effectiveness | Checking the validity of the initial price Particular attention to the execution of the contract by the winner |
Particular attention is paid to procurement with unreasonable efficiency, which may be the result of dishonest actions of the winner or a significant increase in the initial contract price.
Nikolaev I. believes that in practice, the traditional assessment of procurement for the sole purpose of budget savings does not fully reflect the degree of procurement efficiency and can only be used for operational analysis. With such an assessment, a number of important indicators are excluded from the analysis, in particular the level of competition, compliance with legislation when placing orders, discipline in planning and execution of contracts. In addition, there are flaws in calculating savings relative to the initial contract price, since such calculations do not take into account the validity of determining the initial price and real market pricing conditions. Therefore, an analytical assessment of the effectiveness of government procurement in the Russian Federation is introduced, taking into account the above factors 14.
Based on the results of the reporting period (quarter, half-year, 9 months, year), a comprehensive indicator of the efficiency of procurement of all government customers of the Russian Federation is calculated.
To determine a comprehensive indicator, the most important indicators are used, demonstrating the main components of procurement and making it possible to formalize the approach to assessing effectiveness despite the characteristics of certain customers and industries of procurement.
Indicators characterize all stages of the order placement process - planning, order placement, contract execution and provide the most complete picture of the state of order placement.
In the calculation, in particular, the following indicators are used:
1. K1 - savings when placing orders.
The most important indicator. Shows how effectively the customer’s purchases are carried out in terms of budget savings. It is important that for comparison, it is not the initial price of the contract (which may be determined incorrectly) that is used, but the average prices of bidders’ proposals prevailing in the industry for the quarter (taken into account in relative values - the percentage reduction in the initial price).
K1=E/A*10, Where:
Units- savings achieved when placing orders during the reporting period;
ESR- average savings for a specific ordering industry for all customers during the reporting period.
Savings are determined by comparing the price of goods (work, services) purchased as a result of placing an order with the average price of goods (work, services) offered by suppliers using the following formula:
B(Tss)- the sum of the average prices of suppliers' offers (in the case of tenders, quotations - the average prices specified in applications, in the case of auctions - the prices of offers of all auction participants) in general for the period for the customer (or for the period for the customer in the accommodation industry).
If there are no offers other than the offer for which the contract was concluded, the initial price of the contract is accepted for calculation.
8(Tsk)- the sum of prices of proposals for which the contract was concluded as a whole for the period for the customer (or for the period for the customer by industry of accommodation).
To determine the achieved indicator of economic efficiency of placed orders for the reporting period, the following formula is used:
B(Tss)- the sum of all average prices of suppliers’ offers in
the reporting period for all customers or for all customers in a specific industry;
I(Tsk)- the sum of all prices of contracts concluded based on the results
placement of orders by which the economic
efficiency in the reporting period either for all customers or for all customers in a specific industry.
2. K2- compliance with laws when placing orders.
The indicator takes into account the presence of established violations of placing orders with the customer during each quarter. The importance of the indicator is determined by the fact that the absence of violations and possible abuses is an integral and most important part of building an effective public procurement system.
If the customer has no violations during the reporting period, the value of the criterion will be determined equal to: K2=10 points.
If violations are detected when placing orders in the reporting period, the value of the criterion is determined by the formula:
K2=10*(1-Kn/Krz), Where:
Kn- number of violations in the reporting period;
Krz = 10, if the number of orders placed in the reporting period is less than 10;
Krz= the actual number of orders placed in the reporting period, if it is greater than or equal to 10.
When receiving a result = 0 or a negative result (-), the criterion value is assigned - 0 points.
Violations identified as a result of inspections and consideration of complaints from participants in the procurement are taken into account.
3. K3- share of competitive procurement.
The share of purchases in the total volume carried out through tenders or requests for price quotes from the customer being evaluated is taken into account in comparison with the average for all customers. The importance of the indicator is determined by the fact that only competitive procurement can ensure the economic efficiency of the public procurement system; reducing the share of procurement from a single source is one of the most important components of efficiency.
K3= (Prassm/Psr)*100, Where:
Rrassm. - the share of purchases made through tenders, auctions, requests for price quotes from the customer in question;
RSR- the share of purchases made through tenders, auctions, requests for price quotes on average for all government customers.
This does not take into account purchases from natural monopolies and other purchases that cannot be carried out on a competitive basis.
4. K4- implementation of plans when placing orders.
The planning system is the most important aspect of order placement, allowing you to balance the purchasing system. The indicator evaluates the planning system of each customer. The presence of deviations in actually carried out purchases from the plan is revealed - the presence of unplanned purchases, failure to carry out planned purchases, violation of procurement deadlines.
Base value K4=10.
If there are deviations between actual order placements and planned ones, in particular:
1) availability of unscheduled placements;
2) violation of placement deadlines;
3) failure to place planned orders ( K4=0).
5. K5- discipline in the execution of contracts.
In fact, placing an order does not end at the stage of concluding a contract. To assess the effectiveness of placement it is necessary to evaluate
The main purpose of placing an order is to obtain the benefits for which it was carried out. Therefore, an indicator for assessing the execution of contracts in terms of deadlines, quality of execution, and others is introduced into the system of evaluation indicators.
The following violations are detected:
1) failure to conclude a contract;
2) violation of the terms of transfer of the contract for signing;
3) violation of the terms of registration of the contract;
4) violation of contractual obligations;
5) violation of the deadlines for notification of execution (termination) of the contract.
Base value K5=10
If there are violations of discipline during the conclusion and execution of contracts through the fault of the customer, in particular:
1) failure to conclude a contract;
2) failure to comply with the deadlines for transferring the contract for signing;
3) failure to comply with contract registration deadlines;
4) failure to comply with contractual obligations;
5) failure to comply with deadlines for notification of execution (termination) of the contract (K5=0).
6. K6 - validity of determining the initial price of contracts.
The indicator of efficiency in spending funds must be supplemented with an indicator of the validity of determining the initial contract price. A practice has developed when the initial contract price is determined not on the basis of real market conditions, but in other ways - arbitrarily, based on existing budget allocation limits, only from the experience of previous purchases, etc. The indicator allows you to determine how correctly the customer determines the initial prices of contracts and assesses how large the deviation of the initial contract price from the industry average is.
The deviation of the initial contract price determined by the customer from the average contract price proposed by the participants in placing the order is calculated.
If the deviation does not exceed the average savings for the industry K6=10.
If there is a specified deviation, reduction factors are applied:
1. Deviation up to 5% - K6=10*0.9.
2. Deviation up to 10% - K6=10*0.8.
3. Deviation up to 15% - K6=10*0.7.
4. Deviation up to 20% - K6=10*0.5.
5. Deviation over 20% - K6=0.
If there is no information on a given industry, the indicator is not used; indicator K1 is assigned a weight of 0.5.
The final indicator of the comprehensive assessment is calculated by summing the values for each criterion taking into account their weighting coefficients:
K = K1*X 1 + K2*X 2 + K3*X 3 + K4*X 4 + K5*X 5 + K6*X 6, Where Xn-weight coefficients, n=1.6.
The weighting coefficients of the indicators are determined by experts based on the comparative importance of each indicator of the comprehensive assessment.
To assess the effectiveness of activities, the following point scale is used:
Table 5. - Point scale for determining the effectiveness rating
public procurement activities
The initial data for assessing the effectiveness of public procurement are given in Table 8 “Appendix E”.
In the Russian Federation, the most effective methods of public procurement are requests for quotations, open tenders, and open auctions. From my point of view, no special actions should be taken with regard to these methods of conducting public procurement, since they have a regulatory
degree of efficiency of spending budget funds. Less efficient methods of government procurement are trading on commodity exchanges and purchasing goods from a single source. Therefore, for these methods of public procurement, it is necessary to take the following measures: study the market, attract suppliers and more accurately approach the determination of the initial contract price.
Thus, the results of assessing the effectiveness of public procurement activities allow:
1. Compare the final indicators for each of the customers and rank the customers according to the degree of procurement efficiency.
2. Identify the dynamics of the final indicator for each specific customer and for the region as a whole.
3. Identify “problem” areas in the activities of each customer by identifying which indicators reduce the efficiency of procurement.
4. Assess the meaning and dynamics of indicators used in
calculation. Of particular importance here is the ability to determine
industry average and regional average savings values both in comparison with the initial prices and in comparison with the average offers of participants in placing an order.
6. Have complete information about planning problems for each customer.
7. Increase discipline in the execution of contracts by customers.
8. Analyze existing violations of the law when placing orders.
Application
Public Procurement Management Structure
Figure 1. - Public procurement management structure
The impact of government procurement on national income
Figure 2. - Impact of government procurement on national income
"Appendix B"
List of main stages in creating an electronic public procurement system in Russia
Table 6.
Table 6. - List of main stages in creating an electronic public procurement system in Russia
Dynamics of procurement for government needs in 2006-2011
(billion rubles)
Figure 3. - Dynamics of procurement for government needs in 2006-2011
(billion rubles)
Structure of procurement for government needs in 2008-2011 (billion.
rub.)
Figure 4. - Structure of procurement for government needs in 2008-2011
(billion rubles)
A model of public procurement management that involves the consolidation of functions within the framework of the created
Federal agency
Table 7. - Model of public procurement management, which involves the consolidation of functions within the framework of the created
Federal agency
Input data for assessing the effectiveness of public procurement
Table 8. - Initial data for performance assessment
public procurement
Having considered the issue, we came to the following conclusion:
In the case under consideration, the customer should make changes to the procurement plan and schedule in terms of information related to the volume of financial support intended for the relevant purchases, planned payments, if necessary, supplementing these documents with information about new planned purchases.
Rationale for the conclusion:
The procurement plan for goods, works and services to meet state and municipal needs (hereinafter also referred to as the procurement plan) includes information, including the name of the object and (or) the names of the procurement objects, the amount of financial support for the procurement (, Federal Law dated 05.04 .2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", hereinafter referred to as Law N 44-FZ).
With regard to the procurement of goods, works and services (hereinafter - procurement) carried out for federal needs, the Government of the Russian Federation dated 06/05/2015 N 552 approved the Rules for the formation, approval and maintenance of a plan for the procurement of goods, work, services to meet federal needs (hereinafter - the Rules) and Requirements for the form of a procurement plan for goods, works, and services to meet federal needs (hereinafter referred to as the Requirements for the procurement plan).
The procurement plan indicates, in particular, the name of the procurement object (or objects) with an indication of the amount of financial support (planned payments) for the procurement for the corresponding financial year (clause “e”, paragraph 1 of the Requirements for the procurement plan).
According to clause 2 of the Requirements for the procurement plan, the procurement plan indicates information on purchases that are planned to be made from a single supplier (contractor, performer, hereinafter also referred to as counterparty) in accordance with , and Law N 44-FZ, in one line in the amount of the annual financial volume security for each of the procurement items listed in this paragraph.
The procurement schedule (hereinafter also referred to as the schedule) for each procurement includes the name and description of the procurement object; initial (maximum) contract price, contract price concluded with a single supplier (contractor, performer); the method of determining the counterparty and the rationale for choosing this method (Law No. 44-FZ).
Based on Law No. 44-FZ of the Government of the Russian Federation dated June 5, 2015 No. 553 (hereinafter referred to as Resolution No. 553), the Requirements for the form of a schedule for the procurement of goods, works, and services to meet federal needs were approved (hereinafter referred to as the Requirements for the schedule). According to paragraphs. "g" clause 1 of these Requirements, the schedule for each procurement item includes information about the stages of payment (amounts of planned payments) for the current financial year, if the execution of the contract and its payment are provided for in stages.
Subparagraph “a” of clause 2 of the Requirements for the schedule stipulates that in the procurement schedule to meet federal needs, information on purchases that are planned to be carried out from a single counterparty in accordance with, and Law No. 44-FZ in relation to each from the procurement items listed in this norm.
In accordance with Law No. 44-FZ, procurement plans are subject to change in the case of using, in accordance with the legislation of the Russian Federation, savings obtained during the procurement. A similar rule is provided for in paragraphs. "e" clause 11 of the Rules.
Law N 44-FZ determines that the schedule is subject to change by the customer in the event of a change in the procurement plan, as well as in other cases provided for in this norm, in particular, in accordance with the procedure for the formation, approval and maintenance of procurement plans for to meet federal needs and to meet the needs of a constituent entity of the Russian Federation, municipal needs (clause 5 of this part).
Yes, pp. "d" clause 8 of the approved N 553 Rules for the formation, approval and maintenance of a schedule for the procurement of goods, works, services to meet federal needs provides that changes to the schedule are carried out in the case of using, in accordance with the legislation of the Russian Federation, the savings obtained from carrying out the purchase.
If changes are made to the schedule on the specified basis, customers clarify the information in the column “planned payments” in accordance with the terms of the contract concluded based on the results of determining the supplier (contractor, performer) (clause 3 of the Requirements for the schedule).
As noted in the Ministry of Economic Development of Russia dated November 16, 2015 N D28i-3349, purchases made with saved budget funds must be taken into account in the procurement schedule. In a letter dated November 29, 2016 N D28i-3256, representatives of the same ministry indicated that if it is necessary for the customer to purchase goods, works, services by using, in accordance with the legislation of the Russian Federation, the savings obtained during procurement, the customer enters such a purchase as a new line in procurement plan and procurement schedule. At the same time, the initial (maximum) prices of contracts, as a result of which such savings were obtained, do not change.
Thus, the use of funds intended for procurement and saved as a result of an electronic auction for procurement from a single counterparty affects the indicators of the volume of financial support in terms of purchases and planned payments in the schedule. In addition, if a new procurement item appears in connection with such a purchase, it must also be reflected in the procurement plan and schedule.
Therefore, in our opinion, in the situation under consideration, the customer should make changes to the procurement plan and schedule in terms of indicators of the volume of financial support intended for the implementation of the relevant purchases, planned payments and, if necessary, supplement these documents with information about new procurement objects.
Prepared answer:
Expert of the Legal Consulting Service GARANT
Erin Pavel
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Alexandrov Alexey
The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.