The Analytical Center has discussed development prospects of the corporate procurement market and the efficiency of implementation of Law No. 223.
Participants in the discussion noted that compared to Federal Law No. 44-FZ, Law No. 223 is more loyal to customers and suppliers: customers set procurement conditions and thereby facilitate compliance. At the same time, the main concern of market actors about the law is its non-transparency and low level of competition.
“As a result, regulatory bodies periodically express the wish that all customers operate under Law No. 44-FZ,” head of the Analytical Center’s Corporate Reform and Procurement Department Pavel Tikhomirov said. He thinks, however, that such drastic measures could be avoided in case of the correct adjustment of the unified information system, in which every procurement is made. According to Tikhomirov, Law No. 223 envisages four standard types of procurement, which the customer could use to create other procurement methods. “Only 40% of procurements are done by standard methods,” the expert said. “The unified information system is unable to systematize and automatically dubs them as non-competitive. This leads to statistical disproportions and prevents regulators from correctly assessing the efficiency of the law.” The correct functioning of the system requires the creation of a unified list of procurement methods for all customers, Tikhomirov said.
Meanwhile, market actors are opposed to such restrictions. In the opinion of participants in the discussion, the customer should have a chance to choose the procurement method. At the same time, experts agree that the use of the unified information system should be streamlined. In order to do that, they suggest the elaboration of separate notions of the method, the form, and the stage of the procurement. This adjustment of the system will make the procurement process more efficient and will provide correct statistical data.