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Public tenders: a barrier to corruption or the tool?


     With the introduction of the market economy requirements are mandatory for government agencies and even purchasing office supplies. Thus an attempt was made to control public finances. But the idyll did not work. Bidding, despite their widespread use, always accompanied by scandals. Officials involved in the tender, carefully avoid all contact with journalists, and those who are still willing to tell you something, stipulate an indispensable condition - not to mention their names and positions.

                Curse seal.
    The first ever tender described in the Bible, has led to tragic consequences. Sons of Adam and Eve, Cain and Abel took part in the competition for offering gifts to God. Cain brought of the fruit of the gift of the earth, for he was a farmer. Abel, a shepherd - the firstborn of his flock. But he looked at the gifts the Lord Abel than Cain was very angry. And when the brothers were in the field, that Cain rose up against Abel and killed him. But even before the all-seeing God refused to confess the sin.
    Maybe that's why the story of tenders bears the mark of Cain curse. And yourself tenders of dubious integrity. And with good reason.
    The very idea of the tender is as old as the world: she was born at a time when the customer or buyer was necessary visually compare products and services from different vendors. The client does not expend effort on marketing research, and manufacturers compete with each other, wanting to take the quality and cheapness. So choose the supplier of royal courts, approved projects palaces, bridges, fortifications, distributed contracts.
    The choice was made solely by the monarch, or his authorized official. And already complained about the crafty old courtiers who received huge profits by supplying substandard state weapons, ships, supplies. Government contract at all times as a matter beneficial to all, except the state. First of all, because it was not the right choice for those who consumed the product. And it is not for those who are footing the bill. But those to whom it is entrusted, often could not resist the temptation of cheating.
    Peter, I do not just have to punish the courtiers who prey on public contracts and climbed into the Treasury. Battered and favorite - Alexashka Menshikov. However, the desire to "cut the cabbage" with a stroke of the pen was, remains, and will continue to be stronger than fear. Ryabushinskys during World made a fortune by purchasing the contract for the supply of ammunition to the army. Combat boots (that's when there tarpaulin) were ... with cardboard soles.
    These days, even in a "settled down" country like the U.S., no, no, yes flash scandals tenders. Scandal over U.S. aviakontserna "Lockheed" showed how taxpayers' money safely flowed into the pockets of the generals and senators, affirm and accept the equipment at fantastic prices.
    It is the administrative resource, as we like to now be expressed, making tenders cash cow for a handful of people making decisions for which they are not responsible. Remember, what was the hype around tenders for maintenance orders to rebuild Chechnya. Today and the winning bidder, and their patrons - not the poorest people in the country.
        It was smooth on paper ...
    The tendering public enterprises and organizations, enterprises of different ownership now guided by the requirements of the Federal Law of May 6, 1999 № 97 "On competitions to place orders for goods, works and services for state needs" and the decree of the president of Russia from April 8 1997 № 305 "On urgent measures to prevent corruption and budget cuts in the organization of the procurement of products for public use." Their appearance is due to the fact that in an environment of unlimited liberalization of many officials, using the right signature and seal on behalf of the state appropriated budget money, accumulating initial capital. "Kickbacks" were a daily occurrence. Ten, twenty, fifty percent - all depend on the size of transactions and the appetites of those who solved the issue. Anticipated that tenders will put an insurmountable wall in the way of shady deals.
    In the Presidential Decree number 305 spelled out that all major government contracts should be awarded on a competitive basis. Non-competitive procurement are allowed only in the following cases: if the order amount is less than two thousand times the minimum wage, if the company is the only supplier of products, and if there was an urgent need, for reasons of standardization. According to this document, tenders are considered as a means to combat the abuse of officials. It was assumed that the decree will be valid as long as the State Duma will not accept a law, but it turned out otherwise. Duma adopted a law on the placement of state orders, but in fact is only a presidential document. It is well laid out, easy to him have all become accustomed. Understand the desire of legislators to ensure that the transparency and motivation of the decision-making, to make the trading system open, competitive, to provide the most appropriate deal. However, the condition that the bidding can be both open and closed, negates these efforts. Guess one time, what form will elect an official charged with the procurement, for example, security? Well I remember a few years ago, when he served in the Ministry of Interior, was acquired by the "top" computers. Master looked sympathetically: "The model is obsolete, these are no longer available. Or update is necessary, or else ... ". But when they came to us at the price of "clever." At the same money in a nearby store could take the most modern models. Many today remember how SVR units, and not only them, suffered with Israeli security alarm sensor, which costs a little less than other. In fact, they were not worth even half of those sums. Because it broke down at the first opportunity.
    But in all cases act tender commission. Their choice was decisive. Who are the judges? For the bidding tender committee is created that either publish the conditions of competition or selectively potentsiachnyh notify participants of their choice. Meeting of the tender commission are closed and held subject to the availability of at least two applications from members. In the tender for the supply of equipment, installation and maintenance of systems, services investment tender winner is determined by the tender commission, based on the criteria established by it and conditions..
     In most cases, these committees dominated by anyone, but not those who are to operate the equipment, be responsible for its operation. Well, if not his head, but at least pocket. In front of me is a remarkable document - Test different fire extinguishers that are more than a year ago, took place in Perm. It is these documents lie on the table tender boards before making decisions. Immediately give the committee - the result of comparative tests quenching oil in the tank the foam on top. "The tests showed:
        - The possibility of fire in the petroleum hydrocarbon reservoirs foamers using generators foam forming medium expansion foam, with an intensity that exceeds the standard by 5-7 times (for example setting "11urga-60";
        - Appropriateness of the use of combined fire monitors (forming low expansion foam with film-forming foam fluoride) for extinguishing oil tanks equipped with system subsurface fire (for example, stem Antenor 1500 P and foam Ansulite) ». Highlight a word - "opportunity" and "appropriate." What do they mean? First of all, the Commission recommends that the leadership and the tender committee, the French version as the most efficient and high-quality equipment. There is no doubt, the recommendation will be heard. In the future, will strengthen the Russian-French friendship. It is a pity if when meeting with the leaders of the document on the table at that time did not have a calculator. And the desire to work with your head. Let's try to do it for them and to practice first in arithmetic. Given:
        RVS 2000 Petroleum products, free burning duration of 3 minutes. Installing "Blizzard" (flow rate of 60 L / s) with the standard dosing, served 6% foam concentrate solution PO 6NP. Quenching time - 65 seconds.
Barrel ANTENOR 1500 P (consumption 23 l / s) built into the barrel dispenser, gave 6% foam concentrate solution Ansulite. Extinguishing - 420 seconds.
    Schoolboy says that "Purga" coped with the problem more than six times more bright. Maybe it was in inordinate amount of solution that is required for the installation and for the economy?
    After the tender, it is intended to save money, and there - all burn with a blue flame? We believe: 60 L / sec x 65 seconds = 3900 liters. A v French - 23 l / sec x 420 sec = 9660 liters. Domestic installation costs: 234 liters of foam cost 12 rubles per liter in the amount of 2808 rubles. Ansulite liter at best three dollars less will not do. " 580 liters will rise in the amount of more than 55 thousand. French, probably it will not surprise. Yes, just a pity the same effect to pay up to twenty times more. Maybe something that we do not understand that known only to them? Not take into account any interest rates? Then apologize. Your figures, our findings. But the very fact that the "Blizzard" eliminated the fire for 65 seconds, a mere mortal speaks volumes. Extra 355 seconds of fire pose a real situation more dangerous. The logic of the fire - not linear. In the language of mathematics, it shows the logarithmic (exponential) dependence. Every second of harm to the order of magnitude greater than the next.         Burning aircraft with passengers on board, a building in which there are people ammunition depot or toxic and corrosive substances - so who knows examples ... But today ripaiefwwQumi to mesh petrochemical complex embedded trunks Antenor R. 1500 How to bypass the law.
    We deliberately do not consider tenders that take place is spotlessly clean and open.
    These are, but there are others. Not restrict ourselves to the full list of how you can bring to the act of any tender simple statement before the designated winner. You can publish the conditions of competition in the publication, which is not available to most interested parties, or which one of them is certainly not read. Practically restricted tender with two or three members who has no illusions about his role as figureheads.              Documents required for the contest can be sent to "unnecessary" to the participants as late as possible, and even "accidentally" not in full. You can set conditions detailing the production of the desired company, and then to a closed tender, and then all the others, even superior in quality and more appropriate to simply reject the offer price without explanation. You can eliminate the appearance of a committee of representatives of operators and give an opinion of comparative tests of instruments and equipment, which clearly describes only the desired conclusions in favor of the applicant.
    Usually circle firms that match the announcement of the tender, in general terms, is known, and there are no unpleasant surprises. The most controversial issue - the procedure of formation of the competition committee. On the one hand, in a presidential decree states that it should include representatives of suppliers. On the other hand, the documents before the Commission, tenderers should remain closed. Therefore, for reasons of common sense, suppliers do not take in the commissions. They complement of deputies, representatives of various ministries and departments. It is clear that the technical competence of these "wedding generals" can not speak, so it is actually decide persons constituting technical project and issuing a conclusion. Thus, the principle of collegiality, which was supposed to guarantee the fairness of the tender, there is little left. However, the law is written, if the participant is not satisfied with his results, he may file an appeal. Consider it would be the Ministry of Economy.     But as long as the security market there were no precedents. Does this mean that all is well?


Vladimir Kulikov.

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