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Primorsky Business Believes in Fair Public Procurement

Small and medium-sized business of Primorye is leading on the background of all of Russia in terms of entrepreneurial interest in participating in public procurement, mark 2015 marketing research

According to research conducted in 2015 by the marketing agency MAGRAM MARKET RESEARCH (ММR) to determine the well-being index of small and medium-sized businesses, the Primorsky Territory is the leader among the whole of Russia in terms of entrepreneurial interest in participating in public procurement.

Primorsky Business Believes in Fair Public Procurement
So, in the course of a survey conducted by MMR on the all-Russian and regional sample, it turned out that, on average, the share of Russian micro, small and medium-sized enterprises (individual entrepreneurs and LLCs with an annual turnover of 60 to 400 million rubles) participating in the procurement of state and municipal customers is strong. does not differ from this indicator for Primorsky Krai - 24% and 25%, respectively.

But on the other hand, entrepreneurs from Primorye demonstrate a generally more positive attitude towards government procurement than their colleagues in Russia as a whole. For example, 57% of the surveyed Primorye businessmen expressed confidence that state and municipal authorities find contractors and sellers for their needs as a result of fair competitive selection. On the whole, there are only 30% of such “optimists” in Russia.

25% of “Primorians” and 31% of “Russians” are sure that the selection procedures are carried out with minor violations. Only 4% of Primorye residents are sure of complete falsification of competitive selection procedures, but 22% of Russians. Only 8% of “Primorye” residents are sure that state and municipal customers restrict access to the process of registration of applications and their submission to auctions, but 28% of “Russians”.

Farmers are for, fishermen are against

"In the current time of crisis, many farms are trying to become a contractor for state or municipal structures. True, not all of their leaders can boast of computer literacy - after all, to participate in electronic trading you need to be friends with the Internet - but nevertheless they find consultants, assistants and implement their own attempts to win one or another tender for the supply of agricultural or livestock products.This victory is worth a lot, because it means the stability of sales.Although, of course, there are risks of non-payments (holes in budget financing, delays in state subsidies, etc.) often less today than when selling products to commercial counterparties ", - Nikolay Besshapkin, a well-known Primorsky agrarian, commercial director of Arsenyevsky Pig Complex LLC, shared his opinion on participation in public procurement.

The agrarian complex in the economy of Primorye is one of the key ones. And its representatives, indeed, are very actively looking for an opportunity to earn extra money on government purchases. But the other most important sector of the regional economy - the fishing industry - so far prefers to deal with commercial companies as counterparties.

“Today it is unprofitable for fishermen to waste time on bureaucratic procedures for registering bids, seeking tender loans, and taking care of issuing bank guarantees. There is also a demand for our products in the business segment. But everything would have changed instantly and we would all rush with our fish to the state, if the federal government created a system of guaranteed state orders for fish products in the country. The army, schools, health care institutions, law enforcement agencies - all of them a priori need products containing fish protein. Therefore, such a system is essential. On behalf of Primorsky fishermen, we have repeatedly turned to the Government and the State Duma with this initiative, it finds understanding among many officials and deputies, but so far, unfortunately, it is not being implemented, ”commented Georgy Martynov, President of the Association of Fisheries Enterprises the edges.

TORs could involve small business in public procurement

Meanwhile, Primorye is a leader among other subjects of the Federation of the Far East (if not all of Russia) in terms of the availability of customs and tax preferences, and other state benefits for business development. There are three territories of advanced socio-economic development (TOP), one special economic zone, plus a good half of the entire territory of the region is allocated under the law "On the Free Port of Vladivostok" (FPV).

These conditions assume that the state invests in the development of the infrastructure of these territories, and business comes to them with their surplus value as residents. But he could have come here already at the stage of infrastructure creation - as a contractor represented by small and medium-sized enterprises that have won public procurement tenders. In principle, this is true for the entire Far East. However, the laws regulating participation in public procurement - FZ-44 and FZ-223 - in their current form are not very loyal to representatives of SMEs. Here is what the ER experts have to say on this occasion.

Ruslan Daminov, head of department for work with large clients, TenderPro Group of Companies: “In the case of TORs, state funding for the construction and maintenance of the entire infrastructure is provided. However, the question arises, are there enough funds in the budgets for the construction of infrastructure? If the federal, regional and local budgets before the TOP project failed to provide the Far East with infrastructure, will new projects result in non-payments for contracts?

According to the idea, the territories of advanced development should, with minimal expenditures on infrastructure development, form sites for which there would be demand from investors who are ready to invest in the implementation of their investment project. So far the TOPs have not received large Asian investments. The problem is that Russia is making plans to develop manufacturing industries and high technologies in these territories. Asian investors are not interested in these sectors in Russia, for them natural resources are more important.

For small and medium-sized businesses (SMEs), the process of creating infrastructure in priority development areas can bring real orders and money.

Contrary to the opinion that government customers conclude only billion-dollar contracts, construction government orders are also represented by small contracts that are interesting for SMEs. The subject of construction tenders is often services: tenders for reconstruction, repair of various objects, for the construction of small architectural forms. Construction tenders are opened every day through electronic platforms. Local contractors have the greatest chances to win tenders for this territory ”.

Vladimir Ivliev, Executive Director of "In the Far East, many small and medium-sized businesses participate in government procurement. Most of them prefer to participate in tenders held within the framework of 44-FZ, because the terms of such purchases are more transparent than those of competitive purchases, which use as a regulatory document 223-ФЗ.

As for the tenders related specifically to the priority development areas, there are very few of them and all of them are held within the framework of just 223 of the Federal Law. Among the forms of such purchases, “purchase from a single supplier” dominates, that is, the winner is announced without a competitive procedure. As a result, it is extremely problematic for small companies to get into such purchases. "

Yaroslav Vakhitov, General Director of OJSC MELTOR (MASTER OF ELECTRONIC TRADING): “For TORs as state corporations, there is a clear guideline for purchases from SMEs. This is spelled out in Decree of the Government of the Russian Federation No. 1352 - for state corporations, the annual volume of purchases from SMEs in the amount of at least 18% of the total annual value of contracts concluded by customers based on the results of purchases or at least 10% of the total annual value of contracts concluded by customers based on the results procurement in which only SMEs are participants. The projected demand for SME services in the TOP by 2020 is over 160 billion rubles. in year.

But the problem is that the regulation of purchases of companies with state participation is carried out in accordance with Federal Law-223, where each customer purchases according to his own rules, which leads to numerous violations and complaints from suppliers to the FAS. For SMEs, of course, more transparent rules are preferable, as in FZ-44, which regulates purchases for state and municipal needs. It is important to bring the regulation under FZ-223 closer to the standards of FZ-44. "

ER Help:

Objectively, the desire to become a supplier of a state or municipal organization among many Russian entrepreneurs should intensify. The fact is that at the end of 2015, the Government of the Russian Federation removed from consideration a draft law on the compulsory admission of small and medium-sized businesses to procurement by large companies. He obliged large enterprises with an annual turnover of more than 7 billion rubles to spend 10% of their purchases on purchases from small and medium-sized businesses. Its submission to the State Duma was scheduled for the spring of 2016, however, apparently, it will be postponed. The reason is that it was not possible to come to a common solution to the question posed. Critics of the draft law in the government note that it will be rather difficult to monitor the conscientious observance of its requirements. Plus, imposing an obligation on large private companies to make purchases from a certain category of counterparties can be regarded as government interference in the freedom of doing business. As for government agencies and companies with state participation, they are obliged to give 18% of the total volume of their purchases to representatives of SMEs. "
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