The Change of Rules for Winner Determining in Goods, Constructions and Services Procurement for Public and Municipal Needs.

<p>The new federal law №44 -FL of April 5, 2013 &quot;On the contract system in the procurement of goods, constructions and services for state and municipal needs&quot;, which came into force on 1 January 2014, has brought many changes in the system of public procurement. One of these changes is the introduction of a new method for determining the supplier (contractor) by a request for proposals, as well as a new set of assessment criteria and procedure of application evaluation.</p><p>Evaluation criteria contained in Part 1 of Article 32 of Federal Law №44&ndash;FL determine the winner by purchasing used the request for proposals. However, Part 2 of this article allows use criteria not provided by the law on the contract system when purchasers use the request for proposals, and also this part allows set the significance value of each criterion on its discretion. And in case of using this right by the purchaser, there is a possibility that the principles of contract procurement system will not execute.</p><p>The aim of this work is to prove that the use of criteria not provided in Part 1 of Article 32 of Federal Law №44-FL, lead to a violation of the principles of transparency and efficiency of procurement because of the risk of misstatement of final results. Confirmed tasks of this work have focused on the analysis of the evaluation criteria of the Federal Law №94-FL, which is the precursor of the present law of state and municipal procurement, and considering the criteria of the Federal Law №44-FL. Then research was conducted. It consists of analysis of using evaluation criteria in the procurements that were used in the Federal Law №94-FL, but were excluded in the Federal Law №44 -FL. Based on these results, author made conclusion, achieved the goal, confirmed the hypothesis, and also made ​​recommendations to solve the problem.</p>