Vice-Rector of the State University - Higher School of Economics, Director of the Institute for Analysis of Enterprises and Markets, Candidate of Economic Sciences Andrey Yakovlev told a STRF.ru correspondent about the upcoming changes to 94-FZ
The President instructed the government to prepare a new version of the federal law “On placing orders for the supply of goods, performance of work, and provision of services for state and municipal needs” (94-FZ). The Ministry of Economic Development of the Russian Federation, in turn, is preparing amendments to the current law regarding the procurement of research and development. They, in particular, provide, according to Minister Elvira Nabiullina, “the ability for the customer to set additional requirements, increase its flexibility, but at the same time increase the independence of the selection of these winners and the independence of acceptance of the results of research and development.” Vice-Rector of the State University - Higher School of Economics, Director of I, Candidate of Economic Sciences Andrey Yakovlev told a STRF.ru correspondent about the upcoming changes to 94-FZ.
Andrey Alexandrovich, what needs to be taken into account in the concept of the new edition of 94-FZ, which Dmitry Medvedev instructed the government to develop?
It is necessary to draw lessons from the experience of applying Federal Law 94 over the past five years. Experience, in my opinion, indicates that it is necessary to find mechanisms that allow, when making purchases, to take into account not only the price, but also the quality of the goods, works and services supplied. This is, first of all, important for new, innovative products and research developments, for which price is not always the main indicator. Criteria characterizing the quality of the goods, works and services themselves are also insufficient, since they are not always possible to evaluate a priori. Accordingly, additional criteria are needed here to guarantee the quality of supplies, such as the business reputation of the potential supplier and experience in performing similar work. These criteria are very important in the field of research and development.
- In this area, as is known, 94-FZ practically does not work. How, in your opinion, can we optimize the conditions for holding competitions for the performance of work and the provision of services by scientific and higher education organizations?
For almost a year now, amendments to 94-FZ regarding procurement of research and development work, initiated by the Ministry of Economic Development and the Federal Antimonopoly Service, have been quite actively discussed. During the discussion that took place at the meetings of the working group, which also included representatives of the Ministry of Education and Science, the Federal Tariff Service, the State University Higher School of Economics and other organizations, a number of key ideas were expressed - quite reasonable ones. One of the controversial issues is related to assessing the quality of applications and the qualifications of suppliers. International and Russian experience shows that there is no finite set of objective indicators that could be used a priori; such an assessment can realistically only be carried out by experts. Therefore, the bill spells out the idea of creating expert councils that will evaluate the quality of applications and the qualifications of performers. The principle of forming such councils is currently being discussed. Will they be created centrally, that is, according to a single scheme that will become common to all departments and government customers, or will it be a decentralized system, when councils are created under large government customers and departments - the main managers of budget funds - with subsequent agreement with regulators represented by the Ministry economic development, FAS and the Ministry of Education and Science. This is the first significant innovation and the first fork in the road.
The idea of expert advice is based on the fact that in science the personal reputation of the researcher has always been (and remains) very important. This idea, which was originally proposed by HSE specialists, takes into account the successful experience of operating a similar scheme within the framework of scientific foundations - the Russian Foundation for Basic Research, the Russian Humanitarian Fund. The existing examination system makes it possible to select normal applications and at the same time does not give rise to accusations of corruption and kickbacks, which are often heard in connection with government procurement, especially in the case of research and development.
The fact is that when purchasing goods, you need to show the goods themselves, the quantity and quality of which, as a rule, can be checked. Therefore, the scale of “kickbacks” here is physically limited. And when purchasing research work, you need to write a report, the cost and quality of which is quite difficult to assess. And what is new in this report is determined by the customer. Let's say that when purchasing goods or services, kickbacks of approximately 15-20 percent are technically possible, but they already create problems. And when purchasing research work, kickbacks can amount to 50 percent or even more - in cases where the customer deliberately inflates the price or agrees to accept a fake report, which is a cut-up of someone else's texts.
Here we come to the second, very relevant and demanding problem - plagiarism. The bill states that a system of centralized collection of all reports (including in the form of files) will be introduced into a single repository and they will be checked for plagiarism. Government customers themselves will have to do this, since they will now be responsible for accepting reports containing plagiarism. To do this, the Ministry of Education and Science and government customers will need to resolve technological issues - how to organize such checks and how to determine the fact of plagiarism. And here certain techniques will be required. But in any case, it is important that this problem is posed. In my opinion, controlling the presence of plagiarism can be a very effective way to limit corruption in the field of public procurement of research and development.
In general, this bill is a significant advance in conceptual terms in comparison with the current edition of 94-FZ. True, for now I have serious doubts about how operational the mechanisms prescribed in it are, in particular for the formation of expert councils.
Are the amendments you described intended to be introduced into the current 94-FZ or will they be included in the new edition of the law?
Most likely, this will happen within the framework of the existing 94-FZ, since it will take more time to prepare a new version of the law. It is proposed to introduce a new chapter into 94-FZ, which will regulate the procurement of research and development.
I will note another important point - the introduction of two parallel procurement regimes, which are described at the beginning of this chapter. Government customers will have the opportunity to choose: either they act within the framework of existing procedures, or they go for new solutions that provide greater freedom in terms of the ability to choose suppliers. In the second case, a different scheme of weighting criteria is proposed: price will account for only 35 percent of them, and 65 percent will be determined by the qualifications of the supplier and the quality of the application. But such a scheme simultaneously imposes more stringent requirements on government customers themselves: they will be required to evaluate applications and reports through established expert councils, as well as monitor all reports for plagiarism.
The Ministry of Industry and Trade of the Russian Federation has announced open competitions for R&D:
1. Research work "Development of proposals for the formation of a register of materials used in the production of implantable medical devices and their certification in the Russian Federation", Code "Materials-2018"
2. Research work "Research of the current state of the market and the medical device production industry in comparison with the past period, as well as factors of their development", Code "Medmonitoring-2018"
3. Research work "Research of the current state of foreign trade activities of Russian enterprises producing medical devices and the development of proposals aimed at increasing its efficiency, prepared taking into account the conducted research", Code "Foreign Markets-2018"
1. R&D "Development of technology for manufacturing structures for shipbuilding from polymer composite materials using multiaxial fabrics with an adhesive layer" Code "Adhesion-MA"
2. R&D "Creation of a complex of ship equipment to ensure the safety of navigation and maritime activities" Code "Octet-basis"
3. R&D "Development of technology for creating a range of water-jet propulsors with a power of up to 1.5 MW to ensure the serial construction of high-speed ships and vessels of increased seaworthiness" Code "Sleming-water intake"
4. R&D "Development of a number of standard projects for floating thermal power plants using LNG for the export of electricity" Code "PTES"
5. R&D "Development of a unified series of high-current electromagnetic AC contactors with electronic control and low power consumption" Code "Kontactor-E"
6. Research work "Development of the concept of a departmental project for the development of a refrigeration-technological chain for the processing, storage and transportation of aquatic biological resources" Code "Cold chain"
1. R&D “Development and development of mass production of a series of microcircuits for push-pull PWM controllers with current mode”, code “Converter-I34”
2. R&D “Development and mastering of serial production of a USB 2.0 interface hub microcircuit and a microcircuit for converting the USB 2.0 interface into serial and parallel interfaces,” code “Interface-I5”
3. R&D “Development and mastering of serial production of a series of multi-lead metal-ceramic microelectronics packages with a lower planar single-row arrangement from 132 to 256 pins and an insulating frame,” code “Corpus-I4”
4. R&D “Development and development of mass production of a series of high-speed logic optocouplers with a supply voltage of 3-20 V”, code “Intellectual-I7-T”
5. R&D “Development and development of serial production of a series of specialized functional optocouplers”, code “Intellectual-I8”
6. R&D “Development and mastery of mass production of high-power semiconductor infrared emitters in a surface-mount housing”, code “Display-I6”
7. R&D “Development and development of serial production of a PIN photodiode with an upper limit frequency of 2 GHz”, code “Fonon-I20”
8. R&D “Development and mastering of serial production of a low-profile digital transceiver module of the 1.31 micron range with a speed of at least 2.5 Gbit/s based on a single-frequency vertically emitting laser and a photodetector with an A3B5 nanoheterostructure,” code “Fonon-I28”
9. R&D “Development and development of serial production of a matrix cooled photodetector module with an integrated microcryogenic Stirling system with high sensitivity in the mid-IR range,” code “Fonon-I29”
1. R&D “Development and mastery of mass production of a series of multilayer ceramic capacitors for surface mounting at rated voltages of 6.3; 10; 16; 25 V and with overall dimensions from 1005M”, code “Detal-I71”
2. R&D “Development and mastery of mass production of two types of thermistors with negative TKS”, code “Detal-I72”
3. R&D “Development and mastery of mass production of a series of miniature radio frequency coaxial connectors for the frequency range up to 65 GHz”, code “Detal-I73”
4. R&D “Development and mastery of mass production of screw terminals for mounting on printed circuit boards and circuit boards and mounting rail (Din rail) for wire cross-section up to 6 mm^2”, code “Detal-I74”
5. R&D “Development and mastery of mass production of a series of common-mode ferrite chokes for surface and volumetric mounting in the inductance range from 0.005 to 100 mH”, code “Detal-I75”
6. R&D “Development and mastery of mass production of a number of push-button switches based on the type of switches of modular design”, code “Apparat-I11”
7. R&D “Development and development of serial production of a series of radiation-resistant electromechanical coaxial microwave switches”, code “Apparat-I15-T”
8. R&D “Development and development of serial production of a series of radiation-resistant electromechanical waveguide microwave switches”, code “Apparat-I16-T”
9. R&D “Development and mastering of serial production of a number of metal-ceramic cases for secondary power supplies and power integrated circuits with increased values of thermal conductivity of the bases and local radiation protective screens”, code “Corpus-I6”
Scientific research and development underlie scientific and technological progress and the world's most important discoveries. The demand for this type of work is observed in a variety of industries and spheres of life. This is evidenced by numerous well-funded tenders and government orders. The position of research activity in the Russian tender market is expressed by the statistics below.
In 2015, over 5,000 tenders for scientific research were held. The total amount of concluded contracts is 44.5 billion rubles, and the average price of one tender is 8.9 million rubles. During trading, the price drop reached an average of 8%. The competitiveness in the industry can be characterized by a ratio of 1.31 suppliers per contract. Among the 6,530 participants, there were 1,752 regular customers and 1,886 regular suppliers. 82.21% of contractors received admission to participate in auctions for scientific research. 35.57% of customers demanded security for the performance of the contract.
Statistics by region
The largest number of tenders for the development of heat treatment technology were concluded by:
- Moscow - 36.5%
- St. Petersburg - 11.9%
- Moscow region - 9.2%
- Tomsk region - 2.6%
- Nizhny Novgorod region - 2.4%
- Sverdlovsk region - 2.2%
- Krasnodar region - 1.9%
- Novosibirsk region - 1.8%
- Tatarstan - 1.8%
Based on the results of the auction, the largest contracts were concluded:
- Moscow - 77.5%
- St. Petersburg - 4.4%
- Tatarstan - 3.2%
- Moscow region - 2.5%
- Tomsk region - 1.5%
- Bashkortostan - 1.0%
- Primorsky Krai - 0.9%
- Sverdlovsk region - 0.9%
- Nizhny Novgorod region - 0.8%
Seasonality
From January to March, consumer interest in research was low. The situation changed dramatically in April - 351 tenders were announced. This number increased until June (661 tenders). After a slight decline in the next three months, the number of purchases returned to previous levels in October (655 purchases). Then tender activity gradually decreased to 502 orders. In November, the largest contracts worth over 15 billion rubles were concluded. From January to April, transactions did not exceed 3 billion rubles. The rest of the time, the amount of contracts fluctuates between 5-8 billion rubles.
Venues
Most often, government orders for scientific research took place at the following sites:
- FABRIKANT.RU - 450 orders for 4,619,876 thousand rubles.
- Sberbank-AST - 415 orders for 973,479 thousand rubles.
- Group of B2B platforms - 194 orders for 763,342 thousand rubles.
- RTS tender - 162 orders for 159,239 thousand rubles.
- Roseltorg - 183 orders for 144,305 thousand rubles.
- ETP "MICEX-IT" - 57 orders for 113,922 thousand rubles.
- Electronic Trading System - 33 orders for 16,226 thousand rubles.
Customers
The largest orders were announced by: Federal Space Agency, Ministry of Industry and Trade of Russia, Concern Morinsis - Agat, Rosatom, Bashneft, CJSC Aerocomposite, Ministry of Defense of Russia, Ministry of Communications of Russia, OJSC TV CENTER and others.
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In practice, we very often have to refer to Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (hereinafter referred to as the Law), in accordance with to which customers place orders for the supply of goods, performance of work and provision of services through request for quotations, tender, auction or in accordance with Art. 55 of the Law. But in addition to “everyday” simple purchases with traditional contract items (food, office supplies, routine repairs, auto liability insurance), there are also specific types of purchases to which the Law has paid insufficient attention, so they tend to raise a large number of questions. Such purchases include open competitions for research and development work(hereinafter - R&D). This is due to the fact that R&D orders are placed by a rather small audience of customers who, due to the specifics of their activities, are interested in scientific research and in creation of new intellectual products. The customer faces difficulties already at the stage of preparing the tender documentation, since here he must draw up technical specifications based on his goals and individual needs, and this is not always easy in the absence of the opportunity to review similar purchases on a given topic.
Difficulties in placement R&D orders are also related to the fact that it is quite difficult for the customer to describe the results of the work performed in advance, and therefore, when placing an order, the customer actually pays for the time spent by a scientific team of specialists of a certain qualification to solve the task. At the same time, the quality of the work performed also does not always directly depend on the amount of the order placed, i.e. sometimes contracts with low initial (maximum) prices can lead to higher quality work performed than those works that required large financial costs from the customer.
So, under research and development work refers to a set of activities that precede the launch of a new product or system into industrial production and includes both scientific research and the production of pilot and small-scale product samples.
Research and development work can be carried out according to a special order of the customer. To a greater extent, relations regarding the performance of this type of work are regulated by an agreement concluded on the basis of the provisions of Art. 769 Chapter 38 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). According to the regulatory definition: “Under a contract for the performance of scientific research work, the contractor undertakes to carry out scientific research stipulated by the technical specifications of the customer, and under a contract for the performance of experimental design and technological work - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it.”
At the same time, Art. 769-774 of the Civil Code of the Russian Federation clearly delineate contracts for the performance of R&D and allocate two types of such agreements:
- contract for scientific research work, according to which the contractor must conduct scientific research determined by the terms of reference;
- contract for experimental design (or technological) work, according to which the contractor needs to develop a sample of a new product, design documentation for it or a new technology.
R&D contract may include both performing simultaneously research (hereinafter referred to as R&D) and development work (hereinafter referred to as R&D), or only one type of work.
In accordance with current legislation, to contracts for R&D Some rules established for work contracts apply, but R&D contracts It also has its own characteristics. Let's look at some of them.
By doing R&D the contractor undertakes to conduct scientific research personally or, unless otherwise provided by the contract, for example with the consent of the customer, he has the right to involve third parties in its execution. The rules regarding the general contractor and subcontractor, provided for in Art. 706 of the Civil Code of the Russian Federation.
The customer, in accordance with clause 8.3, part 4, art. 22 Laws it is possible to conclude a contract with several participants in placing an order(hereinafter referred to as URZ) when placing an order for the execution of two or more R&D in relation to the same subject and with the same contract conditions specified in the tender documentation. In this case R&D constitute one lot. And the customer indicates the number of such contracts.
In this case, all parties to the contract for the performance R&D are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained, unless otherwise provided for in the contracts for the performance of these types of work.
Urz in such contracts for the implementation of research, development and technological work must:
- perform the work in accordance with the technical specifications agreed with the customer and transfer the results to the customer within the period stipulated by the contract;
- agree with the customer on the need to use protected results of intellectual activity owned by third parties and acquire rights to use them;
- on his own and at his own expense, eliminate deficiencies in the work performed due to his fault, which may lead to deviations from the technical and economic parameters provided for in the technical specifications or in the contract.
In turn, the customer contracts for R&D must:
- transfer to the contractor under the contract the information necessary to perform the work;
- accept the results of the work performed and pay for them.
As a rule, in R&D contract turn on intellectual property terms regulating the following issues:
- differentiation of rights to previous intellectual property and intellectual property created during R&D;
- distribution of rights to created intellectual property;
- the employer's rights to the created intellectual property;
- authors' rights to receive remuneration;
- the party responsible for ensuring the technical level and patent purity of the results of work under the R&D contract;
- the party responsible for identifying protectable R&D results and ensuring their legal protection;
- and others.
Thus, after the customer becomes the full owner of the rights to intellectual property included in R&D results, the performer, in turn, receives the right to use these objects for his own needs, and in compliance with the norms contained in the legislation on intellectual property in the Civil Code of the Russian Federation, Federal Law No. 316 of December 30, 2008 “On Patent Attorneys”.
When forming the initial (maximum) contract price, the cost of the work performed R&D is usually determined based on the calculation of costs for equipment, materials, etc., approved by the customer, and the time-based wages of scientific employees.
The initial (maximum) price of one contract is indicated as the initial (maximum) contract price. Wherein the initial (maximum) price of all R&D contracts is the same, and the initial (maximum) price of a lot is equal to the sum of the initial (maximum) prices of all contracts for this lot.
The customer or authorized body has the right to determine the obligations under a state or municipal contract that must be ensured. If the customer establishes a requirement for contract performance security when placing an order for two or more exploratory research works, this requirement is established in relation to each contract for such work, and the amount of contract performance security is established based on the initial (maximum) price of the lot in proportion to the number of these contracts taking into account the requirements of this paragraph.
If the tender documentation provides for the customer’s right to conclude state or municipal contracts for the implementation of two or more R&D with several URZ, then URZ has the right to apply to participate in the competition (lot) only in relation to one such work. An application submitted simultaneously for two or more works will not be considered and will be returned to the participant who submitted it.
If, based on the results of submitting applications, the number of applications submitted does not exceed the number specified in the tender documentation R&D, the competition is declared invalid and contracts for the performance of the specified work are concluded with all URZ that submitted applications for participation in the competition, in the manner established by Part 12 of Art. 25 of the Law, provided that such applications comply with the requirements and conditions provided for in the documentation.
According to the conditions of state R&D contracts commercial use rights R&D results(subject to unconditional respect for the copyright of the developers), as a rule, belong to the customer.
Features of participation in bidding for the right to perform R&D
| No. | Peculiarity | Competition for R&D | Competition for any other types of work |
| 1. | Submitting applications | If the contract provides for the implementation of two or more R&D with several RRPs, then the RRP may submit only one application in respect of one such work. An application submitted simultaneously for 2 or more works will not be considered. | One per lot. |
| 2. | Cases of recognition of a competition as invalid | If after the deadline for submitting applications the number of submitted applications does not exceed the amount of R&D indicated in the documentation, the competition is declared invalid, And contracts to carry out the specified work are concluded with all RPAs that submitted applications. | No applications were submitted; one application submitted; only one application was found to meet the documentation requirements; only one URZ was allowed to participate in the competition. |
| 3. | Opening envelopes with applications | The protocol is posted within 3 working days from the date of signing such a protocol. | The protocol is posted within the day following the day of signing such a protocol. |
| 4. | Review of applications | Not provided. | No more than 20 days from the date of opening the envelopes with applications for participation in the competition. |
| 5. | Deadline for evaluation and comparison of applications | Deadline for evaluation and comparison of applications cannot exceed 30 days from the date of signing the protocol for opening the envelopes. | The period for evaluating and comparing applications cannot exceed 10 days from the date of signing the protocol for considering applications. |
| 6. | Winner | If the documentation provides for the customer’s right to enter into contracts for R&D with several R&D plants, then the commission assigns the first number to several applications, containing the best conditions for the execution of the contract. At the same time, the number of applications for participation in the competition to which the first number is assigned must be equal to the specified in the tender documentation number of contracts to carry out R&D. | The winner of the competition is the participant who offered the best conditions for the execution of the contract and whose application was assigned the first number. |
| 7. | Ensuring the confidentiality of the agreement | All parties to the contract are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained, unless otherwise provided for in the contracts for the performance of these types of work. | Not regulated. |
| 8. | Result |
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Svetlichnaya Liliya Alekseevna
Specialist of the Unified Center for Consultations on Government Procurement,
training manager at the Orientir training center
The general mechanism for holding competitions for R&D is as follows. In accordance with Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs,” first of all, the state body publishes the terms of the required order in free sources. These sources can be both the press and the Internet. “A notice of an open tender is published by the customer, an authorized body, a specialized organization in the official printed publication and posted on the official website no less than thirty days before the opening of envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition." Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” The competition documentation must contain “requirements for the content, form, design and composition of the application for participation in competition; requirements for the description by participants of placing an order for the supplied goods; requirements for the period and (or) volume of providing quality guarantees for goods, works, services; place, conditions and terms (periods) of delivery of goods, performance of work, provision of services; form, terms and procedure payment for goods, works, services;
source of financing for the order; criteria for evaluating applications for participation in the competition" Federal Law No. 94-FZ of July 21, 2005 "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs." In accordance with Law No. 94-FZ, the winner of the competition is participant who offered the best conditions for the execution of the contract. However, some provisions of this regulatory act are criticized. Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" as amended dated December 31, 2005, July 27, 2006, April 20, July 24, 2007 does not fully take into account the specifics of R&D.The two main problems that directly affect the conduct of R&D in Russia are the following - when determining the winner of the competition for the implementation R&D plays a key role in the proposed contract price; the law allocates a very short period for evaluating applications and determining the winner.
It is possible to eliminate these issues by developing a block of amendments to Federal Law No. 94-FZ, which, on the one hand, would take into account all the specifics of R&D, on the other hand, would not create a precedent for transforming the unified law on public procurement into a set of laws and regulations establishing their requirements for the procurement of various types of goods and services.
The first point preventing the effective distribution of work in competitions is the priority position of the contract price. In accordance with paragraph 4 of Article 28 of Federal Law 94-FZ, the competition commission “to determine the best conditions for the execution of the contract proposed in the applications, must evaluate them based on the contract price and other criteria specified in the competition documentation.” Thus, in addition to price, the following must be taken into account: functional characteristics; quality of work/services and (or) qualifications of participants; deadlines for completing work/providing services; scope and duration of quality guarantees. The criteria are assessed using a point system. At the same time, the importance of such criteria as “functional characteristics” and “quality of work/services and (or) qualifications of participants” when holding a competition for R&D cannot be more than forty-five percent (clause 6 of Article 28). Thus, the law officially consolidates the dominant position of price, forcing bidders to initially underestimate the cost of their services. This “necessary condition” for participation in the competition leads to the fact that many research institutes are forced to carry out work under conditions of austerity on the material base and the composition of the specialists involved in order to stay within the budget of the government contract.
The second provision that has been criticized is the short time frame for the examination of applications. In accordance with Article 28 of Federal Law 94-FZ, the period for evaluating and comparing applications cannot exceed ten days. Such a short period of time raises a lot of objections, since it requires, firstly, high professional knowledge from members of the competition committee to correctly evaluate the proposed solutions, and secondly, from the applications themselves, clarity of presentation and completeness of specifications and characteristics of the work. However, an increase in the period for consideration of applications submitted as part of competitions for the right to conclude a government contract for R&D will most likely entail a requirement for a general increase in the examination period for all government orders.
Clause 3.1 of Article 7 of 94-FZ establishes special requirements for the composition of the competition commission when holding a competition for the right to conclude a state contract "... for the creation of a work of literature or art (with the exception of programs for electronic computers (hereinafter referred to as computers), databases), execution, to finance the distribution or screening of a national film..." Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs." In this case, "... the composition of the competition commission must include persons of creative professions in the relevant field of literature or art. The number of such persons must be no less than fifty percent of the total number of members of the competition commission" Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.” A similar requirement should be applied to members of the competition commission evaluating applications for R&D. This is due to the specifics of this activity and the details of R&D.
Thus, the regulatory framework for conducting competitions for R&D requires significant improvement, and the initiator of these changes should be the state, since most of the R&D is financed at its expense. The state’s needs for R&D are significant for the country’s budget; many areas depend on the quality of this work, including sustainability in the international economic arena, state security, etc.
Conclusions to Chapter 2
The chapter examined the content of the R&D process and its components. Thus, there is a fairly clear relationship and sequence of stages from market forecasting and the start of research work to the manufacture of a prototype and its launch on the market (the result of development work). Currently, there is a need to introduce a project management system in the field of R&D in Russian companies in order to be able to measure their efficiency and effectiveness in this type of activity. The organization must be highly flexible and adaptable to meet market demands. It is also important to note that the majority of funds spent on R&D come from the state budget, which also leaves its mark on the behavior of companies participating in R&D competitions. The art of a project manager should lie in the ability to competently plan a portfolio of R&D projects in a company, using the best specialists taking into account their personal characteristics, clearly dividing work into stages and distributing resources between stages.