experience of analyzing legislative and scientific components while choosing the assessment criteria in open competitions on design

This research study defines the right of the customer to carry out public procurement for design objects of capital construction in the form of open competition, offers the comparative analysis of the evaluation criteria based on the old and the new legislative framework for public procurement. It was assumed, there in the legislation is no clear conceptual framework governing the selection of the evaluation criteria, the same as a method for improving the selection criteria for the assessment of the State order for the design. The process of public procurement in the Russian Federation beginning from 01.01.2014 g. is regulated by the federal law no. 44-FZ from 05.04.2013 “On the contract system in the procurement of goods, works and services for public and municipal needs” (hereinafter - the Law of the contract system). Open competition remains the most carefully prepared and developed of all the procedures for procurement. However, in practice the customers continued to violate the normative and legal regulation of public procurement. One of the most troublesome aspects of the Russian legislation is the criteria defined by customers to evaluate the participants who submitted their applications for the contest. Here we would like to note that according to the Law on contract system such criteria as “term of work performance” and “term and volume of providing the guarantee for quality of the works” aren’t subject to an assessment, in comparison with the Law on government procurements existing earlier. However, as scientific researches in the field show, these criteria were very essential and necessary for assessing the applications. The analysis of the past competitions showed that with the criterion “quality of works” the customer, in most cases, doesn’t establish any certain requirements to the participant of purchase. He asks to supply only the so-called offer on quality of works consisting in the detailed description of their performance according to the specification on design of the capital construction project, which is an integral part of competitive documentation on purchase execution. With such criteria as “qualification of the participant of competition”, “experience in similar types of works”, “business reputation” and “existence of purchase of the material and other resources necessary for work performance”, with adoption of law on contract system, serious changes didn’t happen. The innovation of the legislation is only that now the customer has to establish minimum / extremely minimum and/or maximum / extremely maximum assessment value according to these criteria in competitive documentation. The assessment of applications will occur in this case according to legislatively certain mathematical formulas of calculation. On the basis of the above, considering a scientific component of this research, it is possible to tell that, despite some changes of an assessment criteria, in general the mechanism of their choice hasn’t been improved.