IT public procurement in Russia

Public procurement in Russia

• Public procurement in Russia

Types of public procurement

Federal Law No. 94 establishes the following types of procurement:

• Closed auction
• Closed competition
• Quotation Request
• Notice of Interest in the Tender
• Open auction
• Open auction in electronic form
• Open competition
• Preselection

Most often today it is used:

• request for quotations (if the amount of the state contract is up to 500 tons)
• open tender or open auction (if the amount of the state contract is more than 500 t.r.)

What is a quotation request?

The state customer publishes on the federal or regional website tender documentation in which the initial maximum contract price, terms of work and other conditions are indicated. Contractors send quotes to the customer indicating the price for which they undertake to perform this scope of work.

What corruption schemes are in this type of procurement:

• A complementary company will always have time to apply for an amount deliberately lower than all other participants
• terms of work - set as minimum, obviously not feasible for participants "from the street"
• volumes of work are set up very large, obviously not feasible for the specified amount (often in construction, development of sites - for example, creating video videos, conducting marketing research are sculpted by a trailer for the development of the site).
• Specify the huge terms of payment for the work performed, for example, 45 days after the signing of the certificates of work performed, subject to the receipt of money from the Federal Budget. " Customers from the street, it is often frightening. The real deadlines for final payment are always known to lent firms.

What is an open auction?

The state customer publishes on the federal or regional website tender documentation in which the initial maximum contract price, terms of work and other conditions are indicated. Contractors send applications for participation in the auction to the customer, the commission of the state customer considers the applications on a certain day and issues a decision on the admission or non-admission of contractors to the auction. Unlike the request for quotations in open auctions, there is almost always a requirement to pay for the security of the application before submitting the tender documentation (most often 5% of the initial maximum contract price, the amount is returned after the auction). There is also a very often requirement to ensure the execution of a state contract - the contractor who won the auction must provide 30% of the cost of the state contract most often with an insurance contract for this amount or by transferring this amount to the customer's account.

On the appointed day and hour, contractors come to the state customer and an auction begins to lower the price. The auction pitch is usually 5%.

What corruption schemes are in this type of procurement:

Everything is the same as in the quotation request, with the exception of rigging applications with prices. Plus

• Do not allow contractors from the street to auction on the basis of legal and not legal requirements.
• ensuring the execution of the state contract only with money, weeds out companies with a lack of funds.

What is an open competition?

A cross between asking for quotes and an open auction, the difference is that the contractor is valued not only by the price, but also by the quality of the services provided. The requirements are exactly the same as in an open auction.

What corruption schemes are in this type of procurement:

Here, an assessment of the contractor by opaque criteria is added to all the listed scheme.

Package of documents required by the government agency to announce the competition:

• Justification of the initial (maximum) price of the open tender

for the right to conclude a state contract...

• Terms of Reference

• Proposals on the criteria for evaluating applications for participation in an open tender for the right to conclude a state contract for the provision of services...

• State Contract for Performance of Works

• Order On Placing a State Order for the Right to Conclude a State Contract for...

Regulation of IT public procurement and news on the market

Since 2012, a budget classification code has been introduced to account for ICT costs (242), which for the first time made it possible to provide relatively accurate data on public sector costs for ICT.

2024

The volume of public procurement of iPhones in Russia has grown 4 times

On October 21, 2024, it became known that the volume of public procurement smartphones iPhone Russia in the first nine months of 2024 quadrupled compared to the same period in 2023. The total amount of contracts concluded reached ₽6,88 million, which significantly exceeds the figure of ₽1,64 million in the same period of 2023.

According to Vedomosti, this information was provided by a representative of the Tenderplan trading platform. The growth of purchases occurs against the background of previously introduced restrictions on the use of iPhone in a number of state bodies and companies with state participation.

The volume of government purchases of iPhones in Russia has quadrupled

Despite the bans, the largest purchase of smartphones Apple in 2024 in the amount of more than ₽3 million was carried out by the St. Petersburg company LLC Heatpower"." Also, significant purchases were carried out by the television company Yugra"," the technopark "IT Park" in, Tatarstan LLC "" and the Aeroexpress train State Kremlin Palace.

According to experts interviewed by the publication, despite official bans, regional administrations continue to actively use the iPhone. Many officials do not want to give up their usual devices, even despite a significant increase in their cost, the newspaper's interlocutors say.

Telegram channel @ abloud62 analyst Aleksei Boyko attributes the increase in purchases in monetary terms to the increase in the cost of Apple products, especially in markets where the company is not officially represented.

Interestingly, the leader in terms of public procurement in 2024 was steel, smartphones Samsung which was acquired in the amount of ₽41,3 million, which is 5.5 times more than in 2023. In second place were devices Realme with a volume of purchases of ₽16,2 million, and in third place - Xiaomi from ₽10,9 million.

Among Russian manufacturers, the greatest growth was shown by BQ smartphones, the volume of purchases of which increased 8.5 times and reached ₽2,9 million. However, BQ turned out to be the only domestic brand out of six analyzed, which showed an increase in demand from government agencies.^[1]

State-owned companies in Russia in the third quarter reduced purchases of computers and software by 9% to 64 billion rubles

Russian state-owned companies in the third quarter of 2024 reduced the volume of purchases of computers, software and components by 9% compared to the same period in 2023. The total amount of expenses in this category decreased from ₽71 billion to ₽64 billion. This became known in mid-October 2024.

According to TASS, citing Kontur's research . Procurement, the total amount of placed purchases of companies with state participation in July, August and September 2024 decreased by 8% - from ₽2,32 trillion to ₽2,13 trillion.

Reduce PC and software purchases by 9%

The most noticeable reduction was observed in the field of energy purchases, where expenses decreased by 11% - from ₽233 billion to ₽207 billion. The costs of construction work (by 3%, to ₽721 billion), transportation (by 7%, to ₽63 billion) and medical purchases (by 9%, to ₽79 billion) also decreased.

Despite the overall decrease in procurement volumes, their number increased slightly - by 0.2%, from 352 thousand to 353 thousand. This led to a decrease in the average purchase price by 8%, from ₽6,58 million to ₽6,02 million. Experts note that this figure has been declining for the third year in a row, starting in 2021.

At the same time, some procurement segments showed growth. Thus, the cost of purchasing and repairing transport increased by 13%, reaching ₽170 billion, and the cost of light industry goods increased by 2%, amounting to ₽28,8 billion.

Expert "Contour. Procurement "Vasily Danilchik noted that part of the procurement of state-owned companies remains hidden from public access. He pointed to the expansion of the list of customers who are not obliged to publish information about their purchases in the Unified Information System.

Danilchik explained that the Ministry of Finance includes enterprises of particular economic importance for the country to such companies. According to him, the upcoming changes indicate that the number of publicly available purchases under federal law No. 223-FZ "On the procurement of goods and services by certain types of legal entities" will continue to decline^[2]%

Government purchases of servers for working with AI in Russia doubled

The volume of public procurement of servers for working with artificial intelligence (AI) in Russia in January-September 2024 doubled compared to the same period in 2023, reaching ₽1,7 billion. This is evidenced by the data provided in early October 2024 by the manufacturer of computer technology Graviton.

According to Kommersant, the number of tenders for the purchase of specialized servers with graphics accelerators increased from 16 to 30. According to Alexander Filchenkov, director of the Graviton server and network systems department, the greatest demand is in the field of video analytics, especially for real-time data processing.

In Russia, government purchases of servers for working with AI have doubled

Experts note that the growth in demand for AI servers is associated with the transition of many industries from data accumulation to their active processing and use to build forecasts. Irina Ostroukhova, Director for Partner Relations at RekFacis, emphasized the increase in demand in the facial biometrics segment, which is due to the development of the state-owned Unified Biometric System and the implementation of commercial projects.

However, the development of the market faces a number of problems. Most AI servers run on solutions from the American company Nvidia, which has limited access to its technologies in Russia. In this regard, domestic organizations began to consider the possibility of cooperation with Chinese and Russian developers of neural network processors.

Among domestic manufacturers stands out the company Hi-Tech (formerly IVA Technologies), which produces processors under the LinQ brand. The company representative noted that their products are already mass-produced, but did not specify the place of production.

Despite the difficulties with the purchase and logistics of foreign solutions, experts predict a further increase in demand for servers for AI in Russia. The main customers of such equipment are large companies such as Sberbank and Yandex.^[3]

Shadayev: 85% of IT expenses in state-owned companies go to the purchase of Russian equipment and software

85% of IT expenses in state-owned companies go to the purchase of Russian equipment and. software This was announced on April 17, 2024 by the head Ministry of Digital Development of the Russian Federation Maksut Shadayev following a meeting of government members with the president. Russia Vladimir Putin

Therefore, here, it turns out, everything that we are the lion's part of these costs inside our industry is working to accelerate the growth of our developers, - said the Minister of Digital Development of the Russian Federation.

Maksut Shadayev

According to him, most state-owned companies have approved their digital transformation strategies for 2022-2024. In total, state-owned companies of the Russian Federation have invested almost 1 trillion rubles in digitalization, Shadayev said.

In August 2022, the Ministry of Digital Development predicted that the share of the costs of the largest state-owned companies of the Russian Federation for the purchase of Russian software in 2024 would exceed 80% of the total costs of purchasing software with a target of 70%. Earlier, 43 largest state-owned companies that submitted relevant data to the Ministry of Digital Development planned to spend 934 billion rubles on the purchase of software and related works and services in 2021-2024. Of these, more than 650 billion were supposed to be spent on the purchase of Russian software and related works and services.

Russian state-owned companies by January 1, 2025 must ensure the total replacement of foreign operating systems, office packages, virtualization systems and database management systems. In March 2024, a bill was presented on the transition of subjects of critical information infrastructure (CII) to the use of Russian software. As specified in the Ministry of Digital Development, changes in the law will allow the government to determine what belongs to significant objects of the CII, and for each industry to form its own list of objects that need to switch to domestic software and electronic products.^[4]

The Government of the Russian Federation classified public procurement of network equipment and components for computers

Prime Minister Mikhail Mishustin signed an order that classified information on public procurement of 144 types of goods, works and services. The corresponding document was published on April 1, 2024.

In accordance with the government order, on the official website of the Unified Information System (EIS) in the field of procurement, it is prohibited to publish information on public procurement of components for computer equipment and communication equipment, switches and routers, various measuring equipment, electric motors of generators and transformers, television cameras, aircraft and spacecraft.

Mikhail Mishustin signed an order that classified information on public procurement of 144 types of goods, works and services

The same requirement applies to radio navigation and radio remote control equipment, lasers, liquid crystal devices, equipment and installations. for air filtration or purification.

In addition, it is prohibited to publish information on public procurement related to services for the maintenance of equipment, devices and mechanisms for various purposes, services for the transportation of goods by various modes of transport, vehicle rental, satellite communication services (including satellite Internet access), certain types of insurance services, software development services (including software for creating websites, DBMS), services for the development and use of information security tools .

Also, the EIS website cannot contain information on the procurement of goods, works and services necessary to fulfill the state defense order, as well as information on purchases in any way related to the activities of state-owned enterprises of Roscosmos and their structural divisions.

Government of the Russian Federation Order of March 29, 2024 No. 744-r

2023

Growth of public procurement of AI solutions by 2.5 times

In 2023, procurement of solutions based on artificial intelligence in the public sector increased significantly. In particular, within the framework of the 44-FZ (orders of state and municipal structures), the number of purchases increased by almost 2.5 times in relation to 2022, and by 223-FZ (orders of state-owned companies) - more than four times. Such data at the end of February 2024 was published by the Roseltorg electronic platform.

Statistics take into account contracts related to AI, machine learning, neural networks, large language models, etc. According to the Vedomosti newspaper, referring to the results of the study, in 2022 state and municipal institutions placed 97 purchases of solutions with AI, while in 2023 their number reached 239. The total amount of contracts concluded at the same time rose almost sixfold - from 256.1 million to 1.5 billion rubles. At the same time, companies with state participation in 2023 carried out 364 purchases related to AI, against 89 procedures in 2022. The total amount of these contracts increased from 198 million to 644.4 million rubles, that is, it increased more than 3 times on an annualized basis.

Procurement of solutions based on artificial intelligence in the public sector increased significantly

Most often, purchases in the field of AI in 2023 were carried out in Moscow, the Belgorod region, the Chuvash republic and the Moscow region. The largest contracts (in monetary terms) were concluded in Moscow and the Moscow region - by 782.1 million and 90.1 million rubles, respectively. The highest level of competition was recorded in the Chelyabinsk (more than five applications for one lot) and Kurskaya (more than four applications for one lot) regions.

The increase in the number of purchases of AI solutions is partly due to the presence KPI (key performance indicators) in the public sector. When buying software licenses for AI, companies can receive states a tax deduction. In addition, there is an increase in demand for AI technologies in the market as a whole.^[5]

The volume of public procurement in the IT sector decreased by 7.9% over the year to 276.75 billion rubles

The volume of purchases for 2023 in the field of information technology under the federal law of 44-FZ amounted to 276.75 billion rubles, which is 7.9% lower than a year earlier. This information was shared with TAdviser on February 14, 2024 by the Right line analytical center, a developer of software solutions in the financial and banking sectors. In total, 81,671 purchases were placed over the year - 10.5% higher than in 2022. In turn, the volume of purchases under the federal law 223-FZ amounted to 152.62 billion rubles, which is 19.3% lower compared to the same indicator in 2022. In 2023, 34,091 such purchases were published - 2% lower than in 2022.

According to analysts, in 2023 the number of government purchases of software and licenses in 44-FZ increased by 6.2% (compared to 2022) and amounted to 20,150; purchases of computers and peripherals rose 11.9% to 61,708. At the same time, the volume of software purchases within the 44-FZ in monetary terms decreased by 6.3%, equipment - by 9.4% and amounted to 135.65 billion rubles and 144.11 billion rubles, respectively.

The number of purchases of software and licenses in 223-FZ amounted to 10,475 (decreased by 8.7%), hardware - 23,988, which is 1.1% higher than in 2022. The volume of software purchases amounted to 79.43 billion rubles. (decreased by 5.1%), equipment - 73.19 billion rubles, which is 30.6% lower than in 2022.

The regions with the largest volume of public procurement IT within the 44-FZ included: Moscow and Moscow region Kaluga region St. Petersburg,,,,,,,,. Novosibirsk region Krasnodar Territory Sverdlovsk region Rostov region Perm Territory Republic of Tatarstan

By 223-FZ - Moscow and Moscow Region, St. Petersburg, Sverdlovsk Region, Krasnoyarsk Territory, Republic of Tatarstan, Khanty-Mansiysk Autonomous Okrug - Ugra, Nizhny Novgorod Region, Krasnodar Territory, Chuvash Republic.

"We have been observing a decrease in the amount of open purchases of state corporations operating on 223-FZ for several years. One of the reasons is Government Decree No. 301, adopted in March 2022, under which state corporations received the right to transfer their tenders from the public plane to closed sections of electronic platforms. Therefore, we simply do not see part of the purchases, "explained Ivan Belorybkin, commercial director of Right line.

State purchases of AI solutions in Russia doubled over the year

In 2023, 235 public procurement of solutions based on artificial intelligence technologies in the amount of 3 billion rubles was carried out in Russia, while in 2022 the number of such tenders was measured at 135. This is evidenced by the data of the Tenderplan search and analytical system for managing tenders, published at the end of December 2023.

According to Izvestia, citing a study by Tenderplan, in 2023, competition for participation in one tender among sellers and suppliers of AI solutions increased to 1.9 participants from 1.6 in 2022. The greatest demand in 2023 among state customers was the Smart City digital platforms, a video analytics of road infrastructure based on neural networks, solutions for automating citizens' circulation to shortcodes, the purchase of cameras and machine vision lenses, the provision of document processing services using artificial intelligence technologies, medical decision-making systems using artificial intelligence. There is a demand in government orders for robotic football players.

As for the main buyers of AI technologies in the public sector, in 2023 they were the administrations of various cities of Russia, district councils, departments of city policy, state universities, ministries of health in various regions.

At the moment, there is a real race in the world in the field of AI, and we must take stable positions in it, "says Anton Nemkin, a member of the State Duma Committee on Information Policy, Information Technology and Communications, commenting on the news of a twofold increase in demand for AI in the public sector. - At the same time, sustainability will be ensured both by the creation of new solutions based on AI, and their implementation in various business processes. State bodies and state-owned companies in this matter, indeed, show positive dynamics. Rather, this is explained by the tasks that AI solves - first of all, automation of processes. Thus, for the normal functioning of modern urban infrastructure, advanced video surveillance systems are becoming necessary, as well as systems that regulate traffic flows: for example, AI allows you to determine the most emergency areas.[6]

Government purchases of Russian laptops and tablets for 10 months reached 14.5 billion rubles

From January to October 2023, inclusive, state departments and state-owned companies of the Russian Federation spent approximately 14.5 billion rubles on purchases of domestic tablets and laptops. Such data are provided in the analytical report of the Unified Information System (EIS) in the field of procurement, which was prepared by Aquarius and published in early December 2023.

According to CNews, the equipment was acquired within the framework of federal laws of 44-FZ and 223-FZ, which regulate the procurement of the public sector and state-owned companies, respectively. In the first 10 months of 2023, a total of 298 thousand devices were purchased. Of these, approximately 55% were laptops, and the remaining 45% were tablets and pocket computers. The average cost of the purchased unit of equipment was about 48.7 thousand rubles.

The report says that 3.15 thousand orders were placed in the direction of public procurement (44-FZ) during the period of time under consideration. 183 thousand devices were delivered for a total of 10.2 billion rubles. Thus, on average, one purchase contained 58 pieces of equipment with an average price of 55.6 thousand rubles. In the segment of corporate orders (223-FZ) in January-October 2023, 1.4 thousand applications were placed for 115 thousand devices with a total value of 4.3 billion rubles. One purchase contained an average of 78 pieces of equipment with an average price of 37.7 thousand rubles.

The study also says that the main customers of Russian laptops and tablets were structures from the region formations (2377 purchases), state departments (1024 purchases), as well as organizations from the spheres (health care 341 purchases) and culture (186 purchases). IT infrastructures K2Teh Alexey Zotov, head of the ""department, notes that a significant share of purchases is associated with the need to replace customer equipment that is purchased for the work of employees. In addition, the demand for domestic equipment is growing in connection with the import substitution program.^[7]

Government purchases of Apple equipment in the first half of the year in Russia tripled

In January-June 2023, government purchases of Apple equipment in Russia amounted to 24.2 million rubles (16 tenders), which is three times less than in the same period in 2022 (101 million rubles; 17 tenders). This is evidenced by the data of the Tenderplan search and analytical system for managing tenders, which were released in mid-September 2023. Read more here.

2022

The share of Russian CAD in public procurement exceeded 90%

The share of domestic engineering software, the so-called CAD or CAD (computer-aided design tools), in public procurement for the first time exceeded 90% and reached 93.39% in 2022, which is 67.7 percentage points more than a year earlier. This is followed by the monitoring data of the Center for Competencies in Import Substitution in the Field of Information and Communication Technologies (CKIT), which were published in July 2023. Read more here.

The share of Russian software in public procurement in 2022 exceeded 87%

The share of Russian software in public procurement in Russia in 2022 exceeded 87% in physical terms and 54% in monetary terms. This is evidenced by the data of the Center for Competencies in Import Substitution in the Field of Information and Communication Technologies (CKIT), which were published at the end of June 2023.

2022 was marked by an important collective victory for Russian developers: since the launch of system measures aimed at import substitution of software in 2015, purchases of Russian solutions in terms of volume have exceeded 54% of all software purchases, exceeding purchases of foreign software in the ratio of 2:1, - comments on the results of the study Director of TsKITIlya Massukh. - It is important to continue this trend and further develop the domestic software industry, prioritizing the demand, software and hardware compatibility of Russian IT products.

According to the report, the total volume of purchases of software of state and municipal needs in monetary terms for 2022 amounted to 189.07 billion rubles, which is 7.7% more than a year earlier (172.74 billion rubles). The share of software, the origin of which cannot be established (the procurement documentation does not indicate a specific name of the software, does not establish appropriate restrictions and prohibitions), spent 11.58% of the total volume of purchases.

The largest number of purchases falls on companies with state participation (23,412 pieces), the smallest - on FNIV (2,647). In total, the share of purchases of state authorities, including federal and regional authorities, as well as local governments, accounts for about 26% of all purchases in monetary terms (48.2 billion million) and about 31.78% in quantitative terms (10,911 units).

The most popular software classes in terms of the number of purchases for the reporting period were: 05.14 Reference and Legal Systems, the number of purchases containing this software class leads by a significant margin (8,819 purchases in 2022). Second place - 03.06 "Means of anti-virus protection" - 3 608 purchases and third - 09.07 "Means of financial management, asset management and labor resources" - 2 381 purchases.

It also follows from the report that most foreign software is purchased in accordance with Law No. 223-FZ, which does not imply strict restrictions imposed by Decree No. 1236, in particular, customers are not required to indicate a corresponding ban in the notice. It is also necessary to cancel a significant number of purchases for 223-FZ (about 7% of the total number of purchases) against, respectively, 4% for 44-FZ that do not allow determining the origin of the software.

Most of the purchases for 44-FZ (91.1%) in 2022 are Russian software and do not require the application of a justification for the impossibility of complying with the ban. If we do not consider the quality of preparation of justifications, then we can state a rather high performing discipline: only 2.4% of purchases do not contain the necessary justifications, and another 3.8% do not allow to establish the origin of the purchased software and, accordingly, determine the need to prepare the relevant justifications, the researchers note.

They add that in 2022 there was a positive trend in the preparation of justifications for the impossibility of complying with the ban compared with 2021, when 3.9% of purchases did not have the necessary justifications. However, the number of purchases that do not allow to find out the origin of the software remained almost at the same level (3.7-3.9%), experts say.

According to the CKIT for 2022, tenders and auctions are the most popular ways to determine the software supplier in the authorities at the regional level (ROIV, a total of 98.0% in monetary terms) and at the federal level (FNIV, a total of 99.2% in monetary terms).

Autonomous non-profit organization "Competence Center for Import Substitution in the Field of Information and Communication Technologies" (ANO "CKIT")

State purchases of antiviruses in Russia in 4 years have grown 2.5 times

Government purchases of antiviruses in Russia in 2022 reached 2.3 billion rubles, which is 2.5 times more in comparison with 2019. This is evidenced by the data of "Kontur. Torgov." Read more here.

Windows public procurement in Russia almost stopped

According to the results of 2022, Russian state customers spent operating system Microsoft Windows approximately 57 million on the purchase. rubles This is 82% less than in the previous year, as stated in the study of the Kontur. Bargaining project, the results of which were released at the end of April 2023.

According to RIA Novosti, in 2019, 305 purchases of Windows platforms totaling 216.4 million rubles were carried out in the public sector of the Russian Federation. In 2020, these values ​ ​ increased to 314 purchases and 282.2 million rubles, respectively, and in 2021 - to 414 purchases and 326 million rubles. Thus, the demand for Windows in the Russian market has been steadily growing for several years.

However, in 2022, the situation changed dramatically due to the current geopolitical situation. Windows government purchases have sharply decreased, and by the beginning of 2023 they had practically come to naught. At the same time, RIA Novosti emphasizes, the demand for domestic operating systems has increased - primarily for RED OS and Astra Linux. Both of them are built on the Linux kernel, are included in the register of Russian software and are certified by the Federal Service for Technical and Export Control (FSTEC) of Russia.

The study clarifies that in 2021, Russian state customers made 81 purchases of Astra Linux for 92 million rubles and 18 purchases of RED OS for 10 million rubles. In 2022, these indicators increased significantly: for example, 228 purchases of Astra Linux for 1.398 billion rubles and 33 purchases of RED OS for 44 million rubles were registered. During the first months of 2023, state customers issued 50 transactions for the purchase of Astra Linux for 57 million rubles and 3 transactions for the acquisition of RED OS for 11.9 million rubles. Thus, domestic products within the framework of the import substitution initiative are gradually replacing Windows in the state sphere.^[8]

State purchases of computers in Russia increased by 9.4%

The volume of trading for the supply of computers and components to Russia in 2022 amounted to 185.1 billion rubles against 169.8 billion rubles a year earlier. Thus, there was an increase of 9.4%, which occurred due to the rise in the cost of imported equipment against the background of problems with logistics and the introduction of sanctions against the Russian Federation. This is evidenced by the data of analysts of the Kontur. Trades service, which were published at the end of December 2022.

According to the study, excerpts from which RIA Novosti cites, in 2022 the largest government purchases of computer equipment were recorded in April and May - 21 billion and 22 billion rubles, respectively. Experts linked this to the fact that in the first months after the imposition of sanctions, customers actively mastered the budget - while suppliers had the opportunity to supply goods at old prices, including selling equipment from the warehouse. The average purchase price for the year rose by 3.4% and reached 2.4 million rubles.

The report also reports that in 2022, compared with 2021, the number of failed purchases increased by 28%, to 9112. Experts attribute such an increase to a high share of uncertainty in supplies from foreign partners: some companies have temporarily suspended cooperation with Russian entrepreneurs, others have completely stopped working with Russian partners. Suppliers were less likely to participate in trade procedures, since there was a risk of inability to purchase goods after the conclusion of a state contract, experts explain.

In addition, the number of tenders for electronic computing technology, which includes computers, multifunctional devices, servers, processors, video cards and other components, in 2022 increased by 5.3% compared to the volume of one year ago - from 72,800 to 76,720.^[9]

The Ministry of Digital Development recommended state-owned companies to double the cost of ICT equipment

On October 25, 2022, it became known that the Ministry of Digital Development recommended that state-owned companies double the costs of ICT equipment. This follows from the methodological recommendations for the digital transformation of state-owned companies, approved by the government on August 31, 2022, Vedomosti writes.

Guidelines for the digital transformation of state corporations and companies with state participation... When planning information and communication technology costs... it is necessary to proceed from the following set of conditions... an increase in total expenses aimed at the purchase of radioelectronic products, telecommunications equipment and software and hardware systems, as well as related works (services) for the period 2022-2024, 2 times, compared to the period 2019-2021, the document says.

It is specified that for state-owned companies, depending on a number of conditions, individual indicators of growth in costs for information technologies and radio-electronic products and related work can be established. In this case, the costs should be increased by at least one and a half times.

Methodological recommendations were developed for the federal project "Ministry of Digital Development recommended state-owned companies to double the costs of ICT," which is part of the national program "Digital Economy of the Russian Federation." External monitoring of the progress of the digital transformation of state-owned companies will be carried out by the Ministry of Digital Development, follows from the document. In particular, the department will collect and summarize information on the digital transformation process, assess the degree of achievement of the planned results according to the KPI list in accordance with the annual plans. The Ministry of Digital Development should also analyze the contribution of digital transformation initiatives to the growth of profits of state-owned companies, the necessary investments and their payback.^[10]

The volume of public procurement in the IT sector in Russia increased by 13.5% over the half year

According to the Analytical Center "TEK-Torg," the volume of public procurement under Federal Law No. 44-FZ in the field of information technology for 6 months 2022 increased by 13.5% compared to the same period in 2021 and amounted to 126.54 billion rubles. This was announced on July 28, 2022 to TAdviser by representatives of TEK-Torg.

The volume of purchases of computers and peripheral equipment in 44-FZ amounted to 71.37 billion rubles (20,743 procurement procedures), which is 5.2% and 6.7% lower than a year earlier, respectively. The volumes of NMC (initial maximum price) of purchases of software products and services for software development and testing, on the contrary, showed a noticeable increase - by 52.6% to 55.17 billion rubles, a total of 7,401 procurement procedures were published.

The volume of IT purchases within the 223-FZ decreased by 31.8% and amounted to 97.09 billion rubles (by 15,449 procedures). According to the results of 6 months of 2022, software and licenses were purchased in the amount of 40.86 billion rubles, which is 43.5% lower than a year earlier (5,449 procedures). For the same period in 2021, 6,930 procedures were carried out in the amount of 72.33 billion rubles. The volume of purchases of computers and peripheral equipment in 223-FZ decreased by 19.8% and amounted to 56.23 billion rubles (110,177 procurement procedures).

The top regions in terms of the number of IT purchases in the first half of 2022 under two federal laws included Moscow ,, Moscow region St. Petersburg the Republic, Bashkortostan the Republic,, Tatarstan Krasnoyarsk Territory as well as,, and. Kaluzhskaya Sverdlovsk Novosibirsk Rostovskaya region

You can get acquainted with the full version of the report "Informational materials on changes in the procurement market 223-FZ and 44-FZ," which presents data on various industries, here.

As the representatives of TEK-Torg specified, in their calculations they used data on OKPD: 26.20 "Computers and peripheral equipment," 62.01 "Software products and services for software development and testing," 58.29 "Services for publishing other software."

Government purchases of servers and DSS in Russia in the second quarter fell by half

Government purchases of servers and DSS in Russia in the second quarter of 2022 almost halved - to 382 tenders from 755 a year earlier. On July 18, 2022, Kommersant writes about this with reference to the data of the federal electronic trading operator Roseltorg, which, in turn, are based on data from the unified information system in the field of procurement.

As the newspaper notes, the supply of storage and servers in the public sector in monetary terms decreased even more - from 28 billion rubles in April-June 2022 to 3.9 billion rubles in the same period in 2021. At the same time, in the first three months of 2022, the state order of DSS and servers amounted to 16.4 billion rubles.

Experts interviewed by the publication attribute this decline mainly to the suspension of computer equipment supplies to Russia, which reduced the availability of equipment for the public sector. Despite the rather strict requirements for equipment, Russian customers often tried to purchase foreign options instead of domestic ones - the technical documentation described the requirements, the fulfillment of which was deliberately inaccessible to Russian manufacturers - in this case, the purchase of foreign options is allowed, the newspaper said.

The top manager of a large state-owned company noted that the volume of state orders is decreasing, because projects of "digital transformation in a row" in Russia "faded into the background" and state-owned companies are forced to solve problems that relate directly to their activities, and not launch new digital services.

The equipment itself is now in the warehouses of the companies: the moment of the first shock has passed, and the supply of components has been debugged. Yes, the equipment has risen in price, but the cost has also increased, - the interlocutor emphasized and suggested that the demand for equipment from government agencies will begin to return to the previous level by the third or fourth quarter of 2022.[11]

2021

Over the year, the volume of public procurement in the IT sector decreased by 41 billion rubles

On February 1, 2022, the operator of the federal electronic platform TEK-Torg JSC announced that by the end of 2021, the volume of purchases in the field of information technology in 44-FZ amounted to 203 billion rubles, which is 17% lower than in 2020. IT purchases under the Federal Law of 223-FZ amounted to 342 billion rubles, 2 billion rubles more than a year earlier. Read more here.

The Ministry of Digital Development approved the conditions for state contracts when creating GIS

The Ministry of Digital Development, Communications and Mass Media of the Russian Federation approved standard conditions for concluding contracts when creating state information systems. The press service of the department announced this on April 29, 2021.

The provisions are enshrined in the order of the Ministry of Digital Development, published on the official Internet portal of legal information. The ministry believes that the document will become an effective tool for timely registration of the results of intellectual activity in the IT field. The fact is that state customers of IT systems do not always have certificates of registration of intellectual rights to created inventions, utility models, programs for electronic computers and databases, the Ministry of Digital Development explained.

The departmental order makes it mandatory to prepare a package of documents for the subsequent registration of intellectual rights under a state order. The contractor of the project will have to provide a set of documents, materials and information necessary for the proper registration of the state registration of the customer's rights to the results of intellectual activity. After the acceptance of the work, the customer will only have to hand over the documents to Rospatent.

In addition, according to the initiative of the Ministry of Digital Development, the executor of the state order will send the customer information about the ownership of the rights to the created programs, source codes and utility models.

The stated conditions improve the legal protection of the results of the work and regulate the transfer of the full package of documents to the customer, "says Vasily Slushkin, director of the department for the development of architecture and coordination of informatization of the Ministry of Digital Development of Russia. - The transfer of the results of the work required by the customer for the independent deployment of the software complex was included in the list of mandatory conditions for concluding IT contracts.[12]

In the Russian Federation, it was allowed to conclude state life cycle contracts for IT systems

In mid-February 2021, it became known that Russia was allowed to conclude state life cycle contracts when performing work on the creation, commissioning, operation and decommissioning of information systems, data processing centers and hardware and software systems.

The corresponding decree of the Government of the Russian Federation was published on the official Internet portal of legal information. The document amends paragraph 1 of the Decree of the Government of the Russian Federation of November 28, 2013 No. 1087 "On Determining Cases of Concluding a Life Cycle Contract."

As part of the life cycle contract, the Contractor undertakes to design, create, maintain, operate, and in some cases dispose of a certain facility during its entire operation. A life cycle contract can be the subject of a public-private partnership.

Earlier, the Ministry of Digital Development of the Russian Federation stated that the application of such contracts to IT systems will have a positive effect on ensuring the needs of executive authorities acting as operators of information systems to create development (modernization) and operation of these systems, as well as optimize and simplify the implementation of projects that require a systematic approach, which will have a positive impact on the development of the information technology sphere as a whole.

The implementation of the proposed draft resolution is aimed at increasing the efficiency of planning and spending budget funds related to the long-term maintenance of such expensive procurement objects as information systems that require significant financial costs during their operation, development and modernization, the Ministry of Digital Development explained.[13][14]"

2020

The volume of IT public procurement in 44-FZ increased by 16% to 245 billion rubles

On February 18, 2021, the JSC TEK-Torg reported that by the end of 2020, the volume of purchases information technology in the 44-FZ sector amounted to 245 billion, rubles which is almost 16% more than in 2019. IT purchases under the Federal Law 223-FZ decreased by 6% and amounted to 334 billion rubles. More. here

The Ministry of Digital Development presented standard terms of contracts for the creation of GIS

In mid-September 2020, the Ministry of Digital Development of the Russian Federation presented standard terms of contracts for the creation and development of state information systems (GIS). The corresponding document is published on the federal portal of draft regulatory legal acts.

According to the draft order, standard conditions of contracts consist of a permanent part that cannot be changed in a specific purchase and a variable part that provides for the selection of conditions (data) when they are applied in a specific purchase.

It follows from the document that the company engaged in the development or development of GIS should ensure the transfer of all source codes of programs for electronic computers and distributions, including all those necessary for the assembly of libraries, compilers, interpreters, a special development environment (if the assembly can be performed only in the development environment).

The working documentation for the system and its parts should contain an exhaustive description of the developed results of work, including programs for electronic computers, which ensure their installation, configuration, operation and development in subsequent periods without involving the contractor (contractor).

The Ministry of Digital Development also proposes that in the event of claims against the customer by third parties regarding the violation of intellectual rights (related to the work that is the subject of the contract), the contractor must act in the process as a defendant, thereby replacing the customer as an improper party. In this case, all expenses and losses incurred by the customer due to the application of liability measures to him for these violations are subject to compensation by the contractor of the contract.

Also, the executor of the state contract must ensure the absence of violations of the exclusive, copyright and related rights of third parties.^[15]

IT state purchases in the 1st half of the year soared by 70% to 153.2 billion rubles

The volume of public procurement in the IT sector on the Russian market in the first half of 2020 reached 153.2 billion rubles, an increase of 70% compared to the same period in 2019. Most of this amount fell on the purchase of software - 2.7 thousand transactions were registered in this sector, according to the data of the Unified Public Procurement Information System in the field of public procurement.

President of the Digital Economy League and Managing Partner of AT Consulting Sergey Shilov expects that the volume of public procurement in IT by the end of 2020 will grow by another 25%. According to the expert, the demand for electronic public services has been consistently high over the past few years, it has remained during the COVID-19 coronavirus pandemic. He also noted the level of digitalization of organs in the Russian Federation and called it one of the highest in the world.

For ten years, we have managed to create convenient channels of communication between citizens and the state. Nevertheless, many more types of services require closer attention from the IT services of departments - periodic technical failures or insufficient functionality create restrictions for citizens. But this speaks of the potential of this direction - the segment will grow, - said Shilov in a conversation with RIA Novosti.

According to him, the introduction of information technologies helped the authorities in the fight against the spread of coronavirus. Without digitalization, the confrontation with COVID-19 would be complicated - thanks to the basis of urban automation, it was possible to develop effective measures in terms of interaction with citizens at all levels. Further digitalization, first of all, of emergency services is an absolute priority for the state, the president of the Digital Economy League believes.

He also expressed confidence that the experience gained in the first half of 2020 regarding the use of IT in the public sector will be actively used in the future.^[16]

The Ministry of Communications proposes to change the law on public procurement of ICT. Agile in state systems, more freedom for sole suppliers and other innovations

As it became known to TAdviser, on May 21, 2020, the Ministry of Telecom and Mass Communications sent a letter to the Ministry of Finance and the Apparatus of the Government of the Russian Federation signed by Deputy Minister Oleg Pak with proposals for improving procurement legislation in the field of ICT. And on May 25, it was also sent to the leaders of the digital transformation of another 57 federal executive bodies (FOIV).

TAdviser has reviewed the text of this letter and the presentation of the proposed changes. It follows from the presentation that the decision to prepare and send such proposals for consideration by the FNIVs was made at the end of February following a meeting of the Presidium of the Legal Commission on Digital Development.

Key proposed changes include four blocks.

Multi-Member Contract

The first proposal is to allow the conclusion of contracts with several participants in the purchase of works and services for the creation, development, commissioning, operation and decommissioning of information systems, as well as for the supply of software and hardware and ICT equipment.

The Ministry of Telecom and Mass Communications associates this proposal with such a problem as the current inability to purchase from several manufacturers within the framework of one purchase of similar goods, services or works, when, due to the specifics of the production or time limit, the goods cannot be supplied by one supplier.

For example, when purchasing 360 thousand tablets for the 2020 All-Russian Population Census, the need is higher than the capacity of an individual manufacturer. Another example is the centralized purchase of more than 400 thousand antivirus licenses ON for departments, when it is necessary to purchase part of the licenses Dr.Web and. Kaspersky Or the purchase of communication services for geographically distributed authorities, when in some settlements there is an opportunity to purchase only from a local telecom operator.

The current legislation in the field of public procurement allows you to divide one tender into several lots, for each of which a separate winner can be chosen. But there are limitations here. For example, in the case of the above example of purchasing antiviruses, this does not apply, since you need to purchase two different antiviruses, and through the allocation of lots this cannot be solved, because the same participant can win in them, explained to TAdviser Vasily Slezhkin, director of the department for the development of architecture and coordination of informatization of the Ministry of Communications. Also with backup communication channels, and data centers - several different performers are needed.

Now the possibility of concluding a contract with several participants is provided for in 44-FZ part 10 of article 34 in the following cases:

• supply of technical means for rehabilitation of persons with disabilities;
• the creation of several works of literature or art;
• performance of research and development;
• provision of services in the field of education;
• services for sanatorium-resort treatment and rehabilitation,
• services for organizing children's recreation and health improvement, including the provision of vouchers.

The Ministry of Telecom and Mass Communications proposes to add ICT purchases to this list, says Vasily Slushkin.

Life Cycle Contract for Works

Ministry of Digital Development, Communications and Mass Media considers it necessary to introduce into the law on public procurement the subject of a life cycle contract: the design, creation, development and operation of ICT infrastructure, information systems.

Currently, there is no way to implement a turnkey project. Customers incur the cost of coordinating executors, risks of technical integration of solutions. There is a loss of expertise during the transition between phases. There is also a delay in the launch of the information system due to the sequential launch of the "design - development - operation" contests. The Ministry of Telecom and Mass Communications justifies their proposal with such problems.

For example, when creating any state information system, it is necessary to divide purchases for the supply of licenses, separately equipment, development and implementation, and ensuring the functioning of the system.

Sverkin notes that now the list of possible cases of concluding a life cycle contract in the law is limited. If such contracts are concluded in the absence of special permission in the law, then this can be interpreted as a violation.

Ability to change contract terms

The Ministry of Telecom and Mass Communications proposes to supplement the 44-FZ in such a way that it allows changing the scope and (or) types of work performed for contracts for the creation, development, commissioning, operation and decommissioning of information systems.

The need for this is caused by the fact that now there is no way to implement flexible development methods software (). Agile And when implementing complex complex systems, it is not possible to revise technical solutions due to the circumstances identified during the implementation of the project, the Ministry of Telecom and Mass Communications explains.

The proposed changes will be relevant in cases where, for example, there is a need to develop mobile applications for the implementation of public services using flexible development methods or the need to adjust design and technical solutions after load tests.

Additional requirements for bidders

Another proposed change is the possibility of establishing additional requirements for participants in the purchase of works (services) for the creation, development, commissioning, operation and decommissioning of information systems. This is relevant if:

• The specific experience of the participant is required, including the experience of similar works/services, for example, the development of IP related to the critical information infrastructure;
• there are specific requirements for the availability of infrastructure (data center, site remoteness);
• guaranteed financial stability is required for the implementation of socially significant and especially important projects.

This will help ensure such advantages as admission to participate in procurement procedures only for companies with appropriate experience and reducing the risks of the winner of the tender refusing to fulfill the contract, the Ministry of Telecom and Mass Communications believes.

System-wide proposals

The agency also proposes to cancel the provision of the contract for budgetary institutions, and for the rest - to calculate it from the contract price, and not from the initial (maximum) contract price.

Another proposal is to extend the effect of the contract with a single supplier to an earlier relationship. Vasily Shvezhkin pointed out to TAdviser a situation when the president and the government in the prescribed manner decided to determine some organization as the sole executor, but a certain time passes from making a decision to concluding a contract.

The idea is that after there is a decision (order of the president or government), the executor can immediately start work. That is, the contract concluded with him will subsequently apply to the relationship that arose before his conclusion, - explained to TAdviser Vasily Slushkin.

The representative of the Ministry of Telecom and Mass Communications added that as of the beginning of June, more than 40 positive responses to the proposals were received, which indicates the relevance of the proposed changes.

Ministry of Digital Development plans to regulate public purchases of antiviruses

On February 7, 2020 TAdviser , it became known that Ministry of Digital Development, Communications and Mass Media of the Russian Federation it had prepared a draft order#^[17] of the Ministry of^[18], which defines the form and procedure for presenting information centralized purchases. anti-virus software The project was published on February 6, 2020.

The basis for the order is the decree of the Government of the Russian Federation of June 8, 2018 No. 658 "On centralized purchases of office software, software for budget accounting, as well as software in the field of information security."

The document defines the composition, terms and procedures for the federal executive bodies to submit "information on the need for the implementation of the Ministry of Digital Development, communications and mass communications RUSSIAN FEDERATION... centralized software procurement... and creating a need for centralized procurement of office software and software in the field of information security. "

According to the project, the Ministry of Telecom and Mass Communications disseminates information among the federal authorities about the collection of information about what software they need to purchase; after that, federal authorities must formulate their requests in 20 working days and place them in the federal state information coordination system (portal.eskigov.ru). Further, within another 20 working days, the ministry must check the application for compliance with Decree 658 and either send comments or approve the application and form what is called "Needs" in the document.

We are talking about the number of software licenses provided for by Resolution No. 658 and the draft order. Centralized program procurement is separately prescribed for workstations (physical and virtual), Internet gateways, mail and virtual servers and processors as part of the physical virtualization host.

The number of licenses is determined by the equipment that is already in use and the one that is planned to be purchased in the near future.

Federal authorities can also indicate in the application the need to indicate IT services - for example, support, technical support for office and antivirus software, etc. This can also be included in Needs, as well as services related to information security. The attachment to the draft Order mentions, among others, such services, as support and advice in updating and/or restoring the "normal operation" of the software, including "on the application of a workaround or alternative settings/operating scenarios to eliminate a failure or error," assistance in resolving abnormal situations related to software errors, and, if necessary, training users of office packages and information security software.

The draft order does not specify what restrictions are imposed on the purchase of software, except that the number of purchased licenses should strictly correspond to the number of equipment used and planned for procurement.

But Resolution No. 658 states that both office and other programs purchased centrally should be included in the unified register of Russian programs for electronic computers and databases. Programs in the field of information security must comply with the legislative norms of the Russian Federation in the field of data protection.

If we compare the approach to software purchases for government agencies in Russia and other countries, then, on the one hand, the trend towards centralization is observed almost everywhere, on the other hand, specialized departments usually perform the function of public procurement, up to individual ministries, as in Canada. In the Russian Federation, the purchase of software for all federal authorities is carried out through the Ministry of Communications, for which this is not the main profile of activity. Centralization can significantly reduce costs, both production and non-production. On the other hand, certain financial and organizational risks arise. In our case, most likely, no risks will happen, as there will be no radical changes in terms of information security: government departments have been using software packages for years to protect data from the same suppliers. The order of the Ministry of Telecom and Mass Communications stipulates only the procedure for centralized allocation of funds for the renewal of licenses or the purchase of additional quantities in case of expansion of the equipment fleet. says Dmitry Gvozdev, CEO of Information Technologies of the Future

2019

Experts have identified 100 dubious public procurement schemes in Russia

More than 50% of purchases in 2017-2018 were made in Russia with the participation of a single supplier, despite the serious reform of procurement legislation in the country in 2013 and the emphasis of legislation on maintaining competition in the state order market. This was stated by specialists from the Center for Advanced Management Decisions and the HSE Anti-Corruption Center, having analyzed the current state of the public procurement system in Russia and possible approaches to its reform (download the study).

According to the results of the study, the authors identified 100 undue techniques that are used by customers and suppliers to obtain the most profitable procurement result for themselves (download the list of undue techniques). As experts point out, customers use them for two reasons: for illegal personal gain and for quite conscientious purposes. For example, to improve the quality of the final result of the purchase, carry out the purchase within the established short time or correct the initial technical assignment, taking into account the changed priorities.

with

The following are examples of some non-mandatory techniques described in the study.

• Creation of a pool of "loyal" performers to participate in the procurement, which allows solving tasks that are unsustainable for one organization.

Real competing organizations agree, including at the initiative of the customer, distributing the structure of victories in competitive procedures in advance. In some cases, the organization that "must win" the contract itself draws up applications on behalf of other pool participants so that they do not incur the corresponding costs, the experts explain.

• Creation of a loyal specialized organization for procurement procedures (Art. 40 N 44-FZ). All bidders deduct to this company a certain percentage of the contract value for the provision of services.

At the same time, the created organization is controlled by persons associated with the customer, thereby providing additional "earnings," the study says.

• Creation of a loyal examination. To carry it out as part of the purchase, the customer attracts a "loyal" organization.

Such an organization may "not notice" the shortcomings of the products of "loyal" performers and/or focus on the real or contrived shortcomings of the products of "disloyal" participants, experts say.

• Providing benefits for a "loyal" contractor - additional benefits beyond the scope of the procurement procedure that increase its competitiveness. For example, accelerated receipt of the necessary permits with the simultaneous difficulty of obtaining them for "disloyal" competitors, as well as obtaining preferential loans.

• Performance of works in advance by the contractor. By the time the procurement is carried out, the works that are its subject are already fully or partially performed by the "loyal" contractor or organizations controlled by him.

• Replacement of procurement with grant. The purchase is carried out by the state structure not in accordance with the 44-FZ, but by issuing a subsidy to a "loyal" organization, which is not covered by the specified law. This organization, in turn, conducts purchases in the interests of the state structure, which allows it to be carried out in a much less tightly regulated format.

• Request for commercial proposals from "loyal" organizations. Using the method of comparable market prices to calculate the initial maximum contract price (NMCC), the customer sends requests for commercial proposals only to those organizations that are ready to declare an inflated price. This ensures a high average price and, accordingly, NMCC.

• Procurement from a single supplier on the basis of a regulatory act (NPA). Thanks to the appropriate opportunity provided by the 44-FZ, the customer justifies the need for procurement from a single supplier on the basis of a decree, order or order of the President of the Russian Federation, decree or order of the Government of the Russian Federation, using "lobbying" opportunities and/or misleading arguments for this. The only supplier is an organization "loyal" to the customer.

• Setting unrealistic deadlines for contract execution. Because of this, "disloyal" performers do not take part in the purchase, realizing that they will not be able to fulfill the contract on time.

Thus, it is ensured that competition is limited in favor of a "loyal" contractor who can fulfill the contract on time, since the works that are the subject of the purchase have already been completed in advance, the study says.

• Calculation by "correct" formula. The Customer shall prepare a formula for determining the best offer so that when calculating points, the "loyal" performer, taking into account his characteristics, receives the maximum result in any or almost any case. "Disloyal" participants can compete with him only in the event of a strong price reduction, which will be deliberately unprofitable for them.

The authors of the study believe that the illegal techniques performed by customers during procurement are completely resistant to the impact of anti-corruption legislation, since, firstly, the incentives for their use are laid down in the procurement NPAs themselves. Experts consider the emphasis on price competition as such, and not on the quality of supplied works, goods, services; the requirement to return budget funds not used in the current calendar year, as well as the general complication of the procurement procedure and the customer's desire to enlarge the purchase.

According to experts, resistance to anti-corruption legislation of unnecessary techniques is also due to the inefficiency of the current approach to control the sphere of procurement, which implies selective consideration of complaints and fragmentary checks. According to the authors of the study, such techniques are used in the country on such a significant scale that only the creation of an advanced automated system for appropriate purposes can become an effective method for controlling purchases.

They also propose to reform the existing procurement regulation system. For this purpose, in their opinion, it is necessary to abandon the idea of ​ ​ developing a single procurement procedure suitable for all markets, and radically revise the law on public procurement (44-FZ).

Since the state and corporate order markets differ significantly in the level of competition, the prevalence of corruption, the share of state order and other parameters, the new general law will not solve problems with corruption and the general inefficiency of the procurement procedure, the authors of the study say.

In addition, they propose to gradually develop specialized ("focal") regulation of the procurement sector.

In the future, legislation should provide for unique conditions for individual markets, depending on the goods, works or services supplied. Such regulation is possible on the market of IT services, medicines and medical devices, educational services, etc. It is advisable to implement specialized regulation through pilot projects. The first step should be a detailed diagnosis of the most priority markets that are supposed to be developed. In the future, it is planned to develop targeted regulatory solutions for each market, experts say.

Note that the imperfection of 44 FZ was pointed out in October 2019, at TAdviser IT Government DAY 2019, and the Deputy Minister of Digital Development, Communications and Mass Media of the Russian Federation Maxim Parshin. According to him, initially the law was created in order to build local systems. To build global platform solutions in the field of public administration, in his opinion, "something needs to be changed." Other participants in TAdviser IT Government DAY 2019 indicated a number of other acute problems complicating the procurement of IT products. Read more here.

Changes are ripe in the regulation of IT public procurement. Big discussion on TAdviser IT Government DAY

A separate problem point of the national program "Digital Economy of Russia" is associated with unprofessional procurement procedures, through which a significant part of funding must pass. The acute question that worries the entire Russian IT community is formulated in a familiar way: who is to blame for the fact that the current system with great difficulty "digests" complex complex IT projects, and what to do to ensure that the spending of funds takes place with maximum efficiency. The very formulation of questions implies an expert discussion, which took place at the IT Government Day 2019 conference, organized by TAdviser (more).

TADetali: What tenders are there and what it takes to win

Main article: TADetali: What it takes to win the tender

As the Russian information technology market becomes nationalized, the skills of participation in public procurement and other competitive procedures become more and more important for the success of the IT company. What nuances need to be taken into account in order to increase the chances of success, Talgat Fakhrutdinov, head of the ICL Services tender group, told on November 15, 2019. Read more here.

2018

Criteria for domestic televisions and storage systems for public procurement

The Russian government issued a decree in August 2018, which spelled out the criteria for permissible radioelectronic products for public procurement. The document deals with data storage systems (DSS), color TVs, as well as "automatic control and instrumentation devices."

The corresponding decree of August 6, 2018 was signed by Prime Minister Dmitry Medvedev. The document adds to the decree of July 17, 2015, which contained criteria for domestic integrated circuits, instrumentation and testing equipment, equipment for working in the GLONASS system.

The criteria provide for the priority of radioelectronic products produced in Russia and with fully or partially Russian components.

The document provides that the DSS manufacturer should be a tax resident of a member country of the Eurasian Economic Union (EAEU), which, in addition to Russia, includes Armenia, Belarus, Kazakhstan and Kyrgyzstan. The manufacturer must have the rights to design documentation - in the amount confirming the possibility of production, modernization and development of products for a period of at least 5 years. In addition, it must have rights to use and modify all software involved in the product . It is also necessary to document that electronic boards are manufactured in Russia.

For DSS, compliance with the percentage of the cost of foreign components used in production should not exceed 45% of the product price. The law provides for a phased reduction of this share to 15% by 2025. Limitations apply to DSS in the basic configuration - excluding the cost of disks or magnetic tapes.

Manufacturers of domestic TVs must also be tax residents of the EAEU and have the rights to design documentation. At the same time, it will be necessary to confirm that the production of motherboards and the installation of radio elements on them is carried out on the territory of the EAEU.

For domestic TVs, a 90% share of the cost of foreign components used in the production is allowed. From 2021, the permissible share will be reduced to 80%, from 2023 - to 70%, and from 2025 - to 60%.

Order of the Government on the launch of a single trade aggregator

On April 28, 2018, Prime Minister Dmitry Medvedev signed an order of the Government of the Russian Federation on a pilot project to create a single trade aggregator (EAT) - an information resource for small public procurement. The ultimate goal of the project is to increase the ability for suppliers to offer their goods, works and services to government customers. Thus, state customers will have access to a larger number of offers and will be able to choose the optimal one from them. According to the document, the subsidiary of Rostec, RT-Design Technologies, which is already responsible for the development and operation of a unified information system in the field of public procurement and is the developer of an information and analytical system for monitoring and controlling drug purchases, was entrusted with the implementation of the "pilot."

As you know, in accordance with the federal law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement to meet state and municipal needs," customers have the right to make small purchases from a single supplier without tenders. The maximum volume of such purchases varies from 100 thousand to 400 thousand rubles, depending on their goals. The certificate to the order prepared by the Ministry of Finance notes that the main function of the trade aggregator is to ensure the interaction of suppliers of goods, works and services that place their proposals with state customers. Using the information resource, the customer will be able to choose the highest quality product at the optimal price.

It is planned to admit customers registered in the unified information system in the field of procurement to the trade aggregator. At the same time, the aggregator will have to provide non-discriminatory access when placing proposals from potential suppliers using, among other information systems.

The site will host information on goods, works and services contained in the corresponding catalog of the unified public procurement information system. The aggregator will also form a register of purchases carried out.

According to RT-Project Technologies, in 2017 the volume of small purchases amounted to 0.67 trillion rubles (about 10% of the state order). At the same time, for such purchases, there are still no tools for effective monitoring, collection and analysis of data on actual prices for goods, works and services, the company said.

Our task is to create a control mechanism that is convenient both for the consumer and for those who must control the transparency of the transaction, - said Alexander Nazarov, Deputy General Director of Rostec Group of Companies.

According to him, EAT is an information and analytical search engine that aggregates the price of goods, works and services (TRU) from all public sources, including regional stores and portals of suppliers of subjects.

It is important that customers purchasing using EAT will not pay for the services provided by EAT. Accreditation for suppliers is also free. Thus, the total amount of state costs for the creation and support of the system is zero, "Nazarov emphasized.[19]

At the same time, customers have the right to purchase goods outside the aggregator, if its price is lower than the offers available in the EU, the order stipulates. However, in this case, they will need to publish the procurement information in the aggregator register.

According to the order, the pilot project "in relation to purchases for state and municipal needs of a small volume" will be implemented on a voluntary basis from July 1, 2018, and from November 1, the use of the aggregator will become mandatory for federal executive bodies during public procurement.

You can read in detail the text of Government Order No. 824-r here.

Bill banning public procurement of American software and equipment

On April 13, 2018, Chairman of the State Duma Vyacheslav Volodin, together with the leaders of all factions, prepared a package of retaliatory measures against US sanctions, presenting bill No. 441399-7 "On measures to influence (counteract) the unfriendly actions of the United States of America and (or) other foreign states." The measures proposed by the deputies affected the products and services of various industries, and the technological sphere did not stand aside - in particular, the sphere of procurement of software and equipment.

The draft federal law as a whole provides the Government of the Russian Federation with the authority to introduce a number of measures of both economic and political nature, and aimed primarily at eliminating the so-called acts of an unfriendly nature by the United States of America. Such measures will be introduced by the Government of the Russian Federation by decision of the President of Russia.

The document, in particular, provides for the adoption of the following measures in relation to goods and services from the United States and other states supporting the US sanctions policy:

• prohibition on admission or restriction of access to technological equipment and software for the purposes of state and municipal procurement;
• prohibition of import or restriction of imports of agricultural products, raw materials and food;
• prohibition of import or restriction of imports of alcohol and tobacco products;
• prohibition or restriction of imports of medicinal products or medicinal products, except those analogues of which are not produced in the Russian Federation;
• exhaustion of the exclusive right to trademarks in respect of goods whose copyright holders are citizens of the United States and other countries;
• prohibition or restriction on the export of products and equipment from rare earth metals;
• prohibition or restriction on attracting citizens of the United States and other states to work in the Russian Federation, including as highly qualified specialists;
• increasing fees for air navigation services for aircraft of the United States and other countries engaged in cargo transportation when they use the airspace of the Russian Federation;
• prohibition or restriction of import of any other goods determined by the Government of the Russian Federation.

The bill also provides for the termination or suspension of international cooperation between Russia and Russian legal entities with the United States and other states, as well as organizations "in the capital of which, directly or indirectly, including through third parties (the predominant participation is more than 25% in the capital), organizations under the jurisdiction of the United States" and other states participate in the following industries: nuclear, rocket and engine, aircraft industry.

For the same organizations, the document provides for a ban or restriction: on the provision of consulting, audit and legal services for state and municipal needs; to participate in the sale of federal property and the privatization of state or municipal property.

At the same time, the indicated prohibitions and restrictions on the import of the above goods into Russia do not apply to citizens of the Russian Federation, as well as foreign citizens and stateless persons for personal use, the draft document emphasizes.

Another retaliatory measure, according to the bill, will be the introduction of a ban on entry into Russia for certain US citizens and other states - a list of such persons will be compiled by the Government of the Russian Federation.

We plan to discuss the bill at the Council of the State Duma with the participation of representatives of all factions, send it to the regions to our colleagues, work again with experts and the Government of Russia. After that, we will consider it at the next meeting of the State Duma, - said Vyacheslav Volodin during an extraordinary meeting of the State Duma Council to consider the draft law No. 441399-7.

According to the bill, the main goal of the proposed measures is to protect the interests and security of the Russian Federation, as well as the rights and freedoms of citizens of the Russian Federation.

As noted in the explanatory note to the document, the draft federal law provides for the development of mechanisms for replacing goods, works, services of American origin on the Russian market with analogues of Russian and foreign origin (with the exception of countries supporting US policy).

According to the authors of the document, the adoption of the draft law will serve as an incentive for the development and improvement of its own sectoral market and strengthening the country's political position on the world stage. Also, taking into account the possibility of replacing American goods, works, services from other countries, Russia's economic relations with foreign partners that do not support the US sanctions policy will be strengthened.

If adopted, the federal law will come into force directly from the date of its signing by the President of Russia. The text of the bill can be found here.

The final version of the requirements for ETP for public procurement has been prepared

The Ministry of Finance of the Russian Federation has determined the requirements for electronic trading platforms (ETP) operating in accordance with the law "On the Contract System" (44-FZ). This was announced on March 27, 2018 by Interfax, citing an informed source. According to the agency, the working group under the Ministry of Finance has prepared the final version of these requirements.

The requirements for ETP include ensuring information security at the K2 level (processing confidential information), protecting personal data in class 2.

The K2 index denotes systems whose compromise can lead to negative consequences for persons whose personal data are processed in the system, - explained Roman Malyshev, Marketing Director of the Software Product Group of Companies. - Thus, a very high level of personal data protection is implied. Above - only for K1 systems.

In addition to the technical requirements for ETP, if the current version of the document is adopted, financial ones will be presented. Among them are the size of the authorized capital (100 million rubles) and the financial support of the site's activities (placing an amount of 100 million rubles of own funds and 400 million rubles in the form of bank guarantees on a special account of the Federal Treasury).

Another requirement for ETP provides that sites operating under the 44-FZ must process at least 10% of published notifications (including notifications on the privatization of state property) of state customers, state-owned companies and unitary enterprises. In case of failure to comply with this requirement, the ETP will be automatically excluded from the number of sites accredited for 44-FZ procurement.

It is assumed that the listed requirements will be able to fulfill from three to ten ETPs. As of March 2018, purchases under the 44-FZ can organize six ETPs. Five of them were accredited in 2009 - these are, UEMPRTS tender",," Sberbank-AST"Electronic trading systems" and the State Unitary Enterprise "Agency for State Order of the Republic of Tatarstan." Ministry of Economic Development FAS Russia and signed tripartite agreements with these sites, which are extended annually. It was expected that with the adoption of the 44-FZ in 2013, a different mechanism for selecting ETPs for public procurement would begin to operate, but this has not yet happened.

In 2017, the sixth ETP, the Russian Auction House, received the right to organize purchases within the 44-FZ.

At the end of 2017, large-scale amendments to the law "On the contract system" were adopted, which provide for the transfer of all procurement procedures of state customers to electronic form. At the same time, the issues of determining the ETP operators who have the right to organize procurement procedures for 44-FZ, as well as the requirements for such operators, were transferred to the level of the Government of the Russian Federation.

At the beginning of 2018, experts stated that electronic trading platforms that are not accredited to work within the 44-FZ will have to spend at least 300 million rubles to begin to meet the requirements for sites accredited under the 44-FZ and, accordingly, entitled to access the public procurement segment.

According to experts, for sites that do not work with state purchases, almost all requirements are critical.

These are information security, fault tolerance, and requirements for data processing centers - all of them are difficult and critical for such sites, Interfax quotes its source. [The Ministry of Finance of the [20]]

Bill on the centralization of software procurement under 44-FZ

Software for federal authorities and state institutions will be obliged to purchase centrally - as of March 27, 2018, the corresponding draft government decree is undergoing a public discussion stage. According to the document, all office software, as well as programs for ensuring information security, will be purchased by the Ministry of Telecom and Mass Communications, software for accounting - the Treasury.

The authorized bodies will be instructed to plan the purchase, determine suppliers, conclude contracts, and accept goods. These rules will be extended to federal executive bodies that are accountable to the Government, and federal state institutions subordinate to these authorities. For financial and treasury departments, only accounting programs will be purchased centrally.

The document referred to office software: office suite, mail applications, organizer, viewer, Internetbrowser-, presentation editor, table editor, text editor. Programs must meet the requirements that are approved in Government Decree No. 325 of 23.03.2017.

In addition to programs, the Ministry of Telecom and Mass Communications and the Treasury will be instructed to order services for the development, modernization, modification, maintenance, technical support and update of software.

No later than October 1, 2019, customers are required to switch to software purchased by the authorized body. Until this date, federal authorities carry out budget accounting and procurement using their own information systems.

Departments will be able to send wishes and recommendations to the Ministry of Communications. Appeals will be considered within up to 20 days and prepared an answer. If the proposal is recognized as relevant, the program will be corrected in 9 days or earlier. If the document is adopted, the Ministry of Finance and the Ministry of Telecom and Mass Communications will prepare proposals within three months to centralize software purchases for federal authorities that are accountable to the President and federal government institutions subordinate to these authorities.^[21]

As a group of companies actively working with government agencies, we can only welcome the standardization of software sets for government agencies and the centralization of its procurement, - said Roman Malyshev, Marketing Director of the Software Product Group of Companies. - The only thing that can cause concern is the excessive bureaucratization of the relevant processes. We hope that the Government decree will help to avoid it.

The text of the draft resolution is available for review.^[22]

2016: 40.2 billion rubles amounted to Rostelecom's savings on purchases

On February 13, 2017, the Rostelecom press service announced the financial results for the company's purchases in 2016. According to this information, the company saved 40.2 billion rubles. from the amount of the initial (maximum) prices of contracts put up for auction, with a total volume of purchases of 208 billion rubles. and an average percentage of savings on competitive purchases - 25.2%. See History of Rostelecom.

2013: Plan to support domestic suppliers of high-tech products

In early June 2013, Dmitry Medvedev signed a decree on the implementation of an action plan for 2013-2018 aimed at expanding the access of medium and small businesses to purchases of infrastructure monopolies and companies with state participation. Special attention in the plan is paid to suppliers of high-tech products. DETAILS.

2012

Criticism: Public procurement in Russia recognized as not competitive

Experts of the National Association of Procurement Institutes (NAIZ) conducted another monitoring of public procurement in the amount of over 1 billion rubles, carried out from April to September 2012. 57% of ultra-expensive purchases were made from a single supplier, which indicates their low efficiency.

In total, 221 purchases were analyzed for a total amount of over 586 billion rubles, made from April to September 2012. Of these, 17 purchases (7.7% of the total) did not take place. 78 purchases (35.3%) were competitive - several proposals from suppliers were received for participation in them. In 126 cases (57%, for a total amount of 349.6 billion rubles), the purchase occurred from a single source. Moreover, it is necessary to distinguish between purchases with potential participants who were ultimately not allowed to bid (30 cases), and purchases with the initially only submitted application (96 cases).

During the study, experts revealed some of the main signs of limited competition:

• Time limit for contract execution
• Preparation of vendor-specific documentation
• Limitation on supply of analogues
• Pricing opacity

The collected statistics show the extreme inefficiency of the methods of placing an order for large purchases used in accordance with the 94-FZ over 1 billion rubles. There is practically no savings on purchases from a single participant and is at the level of 0.75% of the initial value. For comparison, large purchases conducted in a competitive way gave an average of 9.41% reduction in value.

Single-source purchases are used to give legitimacy to high-value contracts without market justification of the price. In such cases, there is a high probability that the price is overestimated, since there is no real system of its justification based on the sources of calculation being checked. One of the solutions may be the requirement to provide detailed information about the sources used to generate the value of orders.

The reasons for this situation lie in the shortcomings of the current system for placing state orders based on 94-FZ, experts from NAIZ say. This system, in the absence of effective control by government agencies and public organizations, allows you to uncontrollably limit competition at the level of procurement documentation and during procedures, sometimes without violating the norms of the law.

Costs of federal departments for informatization

In the program "Information Society," prepared in 2010, the Ministry of Communications predicted that the total costs of federal departments for informatization in the future will be about 120 billion rubles. per year. But in December 2011, Prime Minister Vladimir Putin announced other figures - in 2012, 67.4 billion rubles will be spent on informatization from the federal budget, in 2012-2014. - 181 billion rubles.

Thus, for the next three years, the IT budget of the federal departments of Russia turned out to be half as much as the Ministry of Communications planned.

"In 2010, when preparing the Information Society state program, there was no separate budget classification code for accounting for ICT costs," the Ministry of Communications explained to CNews. - The amount of expenses specified in the state program had a preliminary value and was calculated on the basis of data obtained as part of preliminary plans for the informatization of state authorities prepared in accordance with the Decree of the Government of the Russian Federation of May 24, 2010 No. 365. "

The amount of expenses announced by Vladimir Putin at the Presidium of the Government was calculated based on the actual budget for 2012 for the 242nd type of expenses, excluding the funds of state extra-budgetary funds, the Ministry of Telecom and Mass Communications adds: "Expenses for 242 types reflected in the federal laws of extra-budgetary funds (PF, MHIF, FSS) amount to 14.6 billion rubles."

That is, the total expenses of the federal departments of Russia for informatization in 2012, including the expenses of extrabudgetary funds, will amount to 82 billion rubles.

However, this figure can be adjusted in the future if the Ministry of Finance and the Ministry of Telecom and Mass Communications manage to assess the real IT costs of the Ministry of Internal Affairs and the MHIF (see below).

Since 2012, a new type of spending has appeared in the budgets of government departments (242), which includes purchases related to informatization. This made it possible to separate IT costs from all others and compare departments by their volume.

The Ministry of Telecom and Mass Communications, at the request of CNews, provided information on the 10 largest IT budgets of federal ministries and departments of Russia for 2012. The Pension Fund became the leader of the list. Its spending on informatization will amount to 9.9 billion rubles^[23].

Previously, CNews published a similar list for 2011, also based on data from the Ministry of Communications. Its difference from the current one was that it contained not budgeted IT expenses, but requests that the departments sent to the Ministry of Telecom and Mass Communications. The industry regulator, we recall, was empowered to agree on informatization plans.

In 2011, the leaders of the list were the Ministry of Internal Affairs and the MHIF. The current version of dozens does not include data on their expenses. Also, the Federal Penitentiary Service, the Federal Migration Service and the Federal State Statistics Service disappeared from the list of the 10 largest IT budgets.

Accordingly, five newcomers appeared in the Top 10 federal IT budgets for 2012. The largest of them will distribute the budget for informatization to the Ministry of Communications (in 2011 it was not included in the list, because it provided data on the requests of other departments that applied to it).

Also among the new members are dozens - SD under the Armed Forces, Rosgranitsa, the Central Election Commission and the FSS. In 2011, all these departments, except for the FSS (1.5 billion rubles in 2011), were not included even in the 30 largest IT requests.

Rating of federal government departments of Russia by the budget for informatization in 2012 (according to the Federal Budget, December 2011)

Department	Place in 2012	Place in 2011	IT budget 2012, RUB bln	IT budget 2011, RUB bln
Pension Fund	1	3	9,9	9,1
Treasury	2	5	6,4	6,7
Ministry of Digital Development, Communications and Mass Media	3	-	5,6	nd
FTS	4	4	5,5	6,8
FCS	5	7	5,4	3,1
SOCIAL INSURANCE FUND	6	12	4,5	1,5
Rosreestr *	7	9	4,4	2,2
SD in AC	8	-	4,1	nd
Rosgranitsa	9	-	2,8	nd
Central Electoral Commission	10	-	2,7	nd

* Rosreestr explains the increase in the IT budget by the fact that in 242 types of expenses in 2012 it was necessary to include expenses that are not directly related to IT, for example, telephone exchange maintenance. Rosreestr's expenses directly on informatization decreased by 10-15% compared to 2011, says Deputy Head of the Department Sergei Sapelnikov.

The largest federal IT customers in 2011, apparently, simply did not want to top the list again. According to the federal budget, the IT expenses of the Ministry of Internal Affairs (242 types each) in 2012 will amount to only 705 million rubles. In 2011, we recall that this ministry, according to the Ministry of Communications, requested 12.3 billion rubles.

The Ministry of Telecom and Mass Communications says that a number of informatization measures in the Ministry of Internal Affairs were attributed "to other budget classification codes," so the real costs of ICT require clarification: "In this regard, the Ministry of Internal Affairs, together with the Ministry of Communications and the Ministry of Finance, is considering the possibility of adjusting these budget classification codes." The Ministry of Internal Affairs itself did not answer CNews questions.

The situation with the MHIF in the Ministry of Communications did not comment. Its IT budget in 2012 will amount to 200 million rubles, while in 2011 the fund requested 12.2 billion rubles. It was not possible to find out the position of the MHIF - the phones of the IT department and the press service did not answer.

The Ministry of Communications is trying to strengthen control over the spending of state funds on IT

On September 3, 2012, Deputy Minister of Communications and Mass Media Denis Sverdlov, together with Deputy Minister of Finance Andrei Ivanov, held a meeting with federal executive bodies.

The meeting discussed the coordination of activities on the use of information and communication technologies and the formation of maximum budgetary allocations for these purposes for inclusion in the draft federal budget for 2013 and the planning period.

In his presentation, Denis Sverdlov said that in 2013 it is planned to allocate 80.2 billion rubles from the federal budget for the development of informatization in federal government bodies.

The issue of allocating costs for the creation, development and operation of ICT infrastructure, such as: data centers, communication channels, network equipment, security systems, server equipment, storage systems, licenses of system-wide software, was also discussed . According to Denis Sverdlov, these purposes may require up to 32 billion rubles.

At the meeting, the following principles of spending budget funds were adopted:

• Full implementation of the program-targeted principle of organizational activities of executive authorities and budget programs at all levels of government;
• Consolidation of the rule of limitation on the size of the federal budget deficit;
• Increase the return on the use of government spending, including by improving the quality of services provided;
• Cardinal restructuring of the public procurement system. At the same time, the emphasis should be placed on achieving the best procurement result.

2011

"The total budget for informatization plans for 2011 is 83.18 billion rubles, of which 61.14 billion rubles for works and services, 22.04 billion rubles for equipment," the Ministry of Telecom and Mass Communications says. The top ten departments account for about 73.6% of total requests (61.1 billion rubles).

2011 planned departmental spending on ICT activities

№	Department Name	Amount of RUB billion
1	Министерство внутренних дел of the Russian Federation	12,3
2	Federal Compulsory Health Insurance Fund	12,2
3	Pension Fund of the Russian Federation	9,1
4	Federal Tax Service	6,8
5	Federal Treasury	6,7
6	Federal Penitentiary Service	3,8
7	Federal Customs Service	3,1
8	Federal Migration Service	2,8
9	Федеральная служба state registration, cadastre and cartography	2,2
10	Federal State Statistics Service	2,1

Source: Ministry

of Communications

To collect and process information on informatization plans, the Ministry of Communications has created an information system (AIS) "Coordination." The Ministry of Telecom and Mass Communications CNews said that a total of 71 government agencies presented plans for informatization for 2011.

The state program "Information Society," according to which the informatization of the public sector will develop until 2020, says what kind of work related to ICT is carried out by the champion departments.

IT blockade of Crimea

• Crimean government agencies are trying to break through the IT blockade

See also

• Procurement automation: experience of the largest customers, market structure, trends. TAdviser study

Notes