A scientific-practical conference dedicated to the improvement of the planning and implementation of the state defense order was held at the 46 Central Research Institute of the Ministry of Defense of Russia under the leadership of Deputy Defense Minister Yuri Borisov. We publish the most vivid performances of its participants.
Fines for non-fulfillment of the state defense certificate
Since then, the legislative acts regulating the relations between the customer and the contractor during the performance of the state defense order have been significantly updated. 29 December 2012 was adopted a new edition of the law “On State Defense Order”, which comes into force on January 1 on 2014 after the issuance of several by-laws and government decrees.
1 January 2014 of the year will begin the federal law "On the contract system in the field of procurement of goods and services to meet state and municipal needs", adopted by 5 April 2012 of the year. Recently, a draft law on the system of fines for non-compliance with state defense orders has been submitted to the State Duma.
In accordance with the instructions of the President, other activities are being successfully carried out. Gradually, the practice of holding open tenders and auctions for the implementation of the state defense order and increasing responsibility for violation of the requirements established by law is expanding. The regulatory framework in the field of state defense and pricing for military products is being improved. Work is underway to simplify the procedure for creating new industries, including through the implementation of a public-private partnership mechanism. The control system of the full industrial cycle is being introduced - from modeling and design to serial production of products, ensuring their operation and further utilization. Systems are being created aimed at improving the management of the economic activities of defense industry organizations in order to optimize production processes and use advanced technologies, including foreign ones.
The implementation of these measures should positively affect the provision of solutions to the main tasks of re-equipping the Russian Armed Forces with modern advanced models and weapon systems in the period up to 2020. However, this would not have been possible without the appropriate coordination of the actions of the ordering bodies of the Ministry of Defense of the Russian Federation, federal executive bodies and defense industry organizations.
The customer and the contractor of the state defense order, unfortunately, have opposite goals. One wants to buy cheaper, the other - to sell more expensive. It would seem a natural process. But if we meet with you on the market as private individuals, this is one thing. And if, as representatives of the state, we build long-term relations — that’s another. A reasonable customer is not interested in the fact that the company (performer) has lost the opportunity for its development. Therefore, contracts, prices should be fair in the implementation of certain agreements.
On the one hand, we spend public money, which is transferred to us bit by bit for implementation. This is not our money. On the other hand, events for defense enterprises should always be profitable and profitable, otherwise the mechanism for their improvement and development will not work. An enterprise should be able to update its fixed assets, develop a social base, and care for the welfare of workers.
The 200-th order of the Ministry of Industry and Trade from 2006 of the year is not the worst document. To some extent, he determined the cost of production, the rules of the game between the customer and the performer. The contractor was entitled to say about his vision of the price of products, and the customer - to understand what the cost price is made of. But over the past seven years, the standards that determine the cost of production have seriously changed.
In 2006, we did not consider insurance issues, and today we insure our products. This is also the case with warranty service. Then the problems of the product life cycle did not arise, as now. We did not consider the issues of bank guarantees. But all this - the additional costs borne by industry today. It is necessary to discuss and, if necessary, change the 200-th order. This is not a request, but an indication. A meeting of the working group was held under the chairmanship of Sergey Ivanov, where this issue was raised. The order of the Ministry of Industry and Trade recorded that together with the interested federal bodies it is necessary to introduce a new edition of this law.
The question was raised about interest repayment. I think this is not a dead end problem, as someone believes. But it is necessary to solve it taking into account certain circumstances. If the company has concluded a long-term contract, and we all understand that in fact we have annual funding (we will not be cunning), then the only way to mix price risks is to get a loan in time, to purchase the element base or materials in order to protect yourself from price jumps . Responsibility for this lies with the lead artist. Why should he overpay if the state cannot allocate him the necessary funds for normal organization of work?
The state should take care and assume the costs associated with servicing such a loan. How much? If you just take the interest rate - this is a corruption scheme. Banks will pay you 20 percent, and the state represented by the Russian Defense Ministry will overpay. Alternatively, you can stay on the decision, which refers to the compensation of interest rates on a credit scheme. You can use the following scheme: Central Bank refinancing rate plus 1,5 percent. Is it profitable or not? To repay the debt, it seems to be beneficial, because the materials (the main source of price increases), purchased in two or three years, will cost the treasury more expensive.
The limitation here is very simple: we should not go beyond the capabilities of an enterprise in the performance of the state defense order or the LG. That is, the question of the cost of production is ready to be considered, but if it does not go beyond the limits and limits on the cost of the work indicated in the relevant government decree or LG. These are the rules of the game. They can be improved, you can even post on the website of the Ministry of Defense for discussion. But while the controversial situations between the customer and the performer still persist.
After taking office, I often have to sign various technical tasks (TK). To put it mildly, I have always been puzzled: why are there only three signatures on the title page: the head of the VNK, the deputy minister of defense in charge of armament, the chief of the General Staff. In rare cases (if expensive work) is still signed by the Minister of Defense. Where is the industry? Who is responsible for the implementation of the contract? I am told that Federal Law No. 94 does not provide for this. But then why do we appoint general designers? For check? General designers should be responsible for this site, put their signature on the TK.
Moreover, I would also suggest signing some expert organizations. Who is opposed to, say, examination of aviation subjects of the same TsAGI? It will not be worse from this. There is no need to be afraid of an excess, because the number of repeated contests in our country today is just going wild. This can be avoided by attracting experts at the initial stage of the contract. Higher will be the quality of planning.
By the way, the main reason for the late placement of the GOZ is poor planning. I do not want to hang labels on the industry or the customer. Blame both sides. We sometimes immerse in the state defense order events that are not yet in the form of specific technical requirements. Today, for example, it is already the middle of the year, and I have no technical assignments for some of the planned activities. Nonsense!
It will be right to return to the long-established methodology of work. Applied research should be preceded by fundamental exploratory research, OCD - NIRovskie work. This will reduce the risks in this chain, increase the efficiency of budget spending. Take, for example, data on the subject of communications, when every ruble spent on every R & D and OCD series included 17 kopecks.
We must appreciate the cost of each invested ruble, raise the efficiency of work. And this is possible only when the risks are reduced. In the early stages of research, money is small — risks are big. Only as we move toward the completion of OCD, the situation changes. If the work is preceded by OCR research and development, then one cannot do without a scientific and technical report, a mock-up sample, a feasibility study, and a TK project. This will be the basis for the correct pricing, which was not invented by us, but by whole generations of our predecessors who forged the country's defense shield.
We took the initiative on a new pricing methodology, because sometimes the original contract price is 20 – 30 percent. In such cases, I am forced by my decision to demand to organize competitive procedures in accordance with the conclusion of the military mission not higher than the price indicated in the GOZ. But this should not turn into practice.
Or an example. We had three-year contracts for the repair of weapons and military equipment with well-known structures. They paid almost one hundred percent advances on time. But today about percent of the performers reported from the 4 to 20 about the work performed. And now we go after the rest, we ask to report: where is the money, the repaired equipment? Credits should be issued metered. Risk budget money can not.
I have no illusions that 2013 will be a turning point in the formation and implementation of the state defense order, although much work has been done recently to solve serious problems. Yet the emergence of new documents and laws will simplify our lives. At the stage of formation of GOZ-2014 – 2016, these issues should be worked out as much as possible, so that from January 1 we can deal only with contract work.
deputy minister of defense
Need a single legal framework
The formation of the state defense order in terms of R & D has a number of problem points.
1. There is no regulatory interaction of the military authorities in the formation of the state defense order. Some documents and orders may contradict each other. The performers have no specifics about the dates, dates of performance of certain materials.
2. The low efficiency of the military command and control bodies in coordinating tactical and technical tasks for new research and development work.
3. Inclusion in the consolidated proposals of the Ministry of Defense of research and development, which were not reviewed by the expert group and the Scientific and Technical Conference of the Ministry of Defense of the Russian Federation.
These issues can be resolved by issuing the relevant legal acts. The work on the formation of a unified legal base for the formation and placement of the GOZ should be continued.
Colonel, Deputy Chairman of the Military Scientific Committee of the Armed Forces
We have created, tested and successfully applied the mechanism for evaluating and realizing the tasks of the GOZ and GPV. It is not a frozen substance, it can and should be developed.
The first direction is regulatory support. A significant number of manufacturers or potential executors of the tasks of the state defense order do not have a clear departmental and branch affiliation, as well as a fixed obligation to assess their own readiness to implement the proposals of state customers of the state defense order for the next planning period. There are no obligations to submit information on this issue to the relevant federal authorities. By the schedule, the assessment of the proposals formed by the customer for the project of the State Defense Order should be carried out within a month, but the deadlines are not always maintained. This is very problematic due to the large amount of information analyzed. Sometimes the people responsible for this have to work even on weekends.
It seems appropriate when developing a government decree “On the procedure for determining the composition and rules for developing the state defense order and its main indicators ...” to include requirements that establish the participation of integrated structures of enterprises, companies and defense organizations (regardless of ownership) in assessing the implementation of state defense orders.
At the same time, it is necessary to fix in the resolution the obligation of state customers to make changes to the submitted proposals (draft GOZ).
It is necessary to increase the role of leading organizations integrated in this process, as well as to normatively fix their tasks, rights and obligations both in assessing the feasibility of government customer proposals and in the process of their formation as a whole.
The second direction is the automation of data processing and information exchange between the process participants in the development of the state defense project (including enterprises-developers of weapons and military equipment) using the state automated GAZ-GOS system in parent organizations, holding companies and integrated structures.
What is the quality assessment of the realization of the GOZ? According to 2012’s experience of the year, it can be said that the industry as a whole is capable of realizing the tasks of the GOZ. An analysis of the reasons for non-fulfillment of contracts shows that they are, as a rule, of a private nature and are not directly related to the production and technological readiness of enterprises. Nevertheless, it is necessary to recognize the insufficient effectiveness of the regulation of relations in the “customer-executor” link and highlight the problem of the imperfection of contractual relations as systemic. In our opinion, it acquires a defining character and should attract the attention of all interested participants in the process. The recently adopted law on the state defense contract and the contract system provides the legislative basis for solving this problem. Now there is a need for coordinated preparation of other regulatory documents, which has already been mentioned today, in particular, projects of state contracts, their typification and price models.
Among the remaining common problems of the implementation of the state defense order are the following: insufficient scientific and technical reserve and production capacity of fixed assets, provision of personnel, raw materials, materials and components, pricing, efficiency of use and maintenance of the test base. Particular problems - the lack of information on the planned procurement by the state customer of a specific nomenclature of weapons, their quantitative composition for medium and long-term periods; the late dates of the competitions for the current year; lack of consideration of the territorial location of enterprises during closed auctions for the state defense order; lack of information on certification tests of imported components, test equipment and process equipment.
We have not yet succeeded in achieving a truly innovative development of the DIC. It’s a paradox, but the potential of the defense-industrial complex on the implementation of the LG in the necessary volume is manifested only by the end of the program period. Including due to insufficient coordination of the practical use of the results of scientific and technical activities and their implementation in the real sectors of the economy. It must be admitted: the line on fundamental research, innovative technologies is not built with the necessary efficiency. Moreover, according to some estimates, the state of affairs is such that without the adoption of emergency measures in the field of defense basic science, the lag behind the world level in the coming years may become irreversible.
The most preferable method for solving a problem is to conduct fundamental search studies in the field of defense security, to implement and implement their results within the framework of a single fundamental level program. Such a program is currently being developed. The next step will be the formation of the List of Industrial Critical Defense Technologies, which are the basis of the program activities for the technological development of the military-industrial complex. It is included in the Unified Source Data System, the readiness of which is determined by 1 September 2013.
Proposals have been made to introduce changes to the mechanism for determining the target orientation of measures on basic and critical industrial technologies. Targets for the formation of measures for basic and critical industrial technologies are recommended to be determined using the formulation of a number of complex projects for the development of advanced weapons and technological directions interconnected with the basic critical military technologies and the main directions of the development of VVST, using fundamental applied research. For this purpose, a working group has been created at the Ministry of Industry and Trade, which is ready to consider any proposals.
Advisor to the Minister of Industry and Trade
How contracts are broken
The Ministry of Defense has organized work on the consideration of calculating and calculation materials to determine prices under contracts concluded with single suppliers. Also considered are the initial maximum contract prices for orders placed on tenders. The practice of concluding such contracts has been expanded (in addition to the approved state defense order) by decision of the president and the government of the Russian Federation. In the 2013 year, it is planned to implement them with the sole suppliers and bring this figure to 177 new jobs for more than 100 billion rubles, which will be 13,7 percent of the budget funds.
The practice of concluding contracts for the entire life cycle of serially supplied weapons and military vehicles is introduced, which by the Russian Defense Ministry will reduce the number and timing of the order placement procedure. And from the side of the defense industry organizations - to increase the effectiveness of planning, to ensure the advance preparation of production, to create a system for ensuring and operating the service maintenance of the products produced.
Beginning with 2013, projects are being implemented to conclude government contracts for the full life cycle of individual weapons and military equipment. This practice will be more widely used in the 2014 year. This approach is designed to ensure the completeness of the procurement of complex IWT systems and comprehensive services in the troops, the effective expenditure of budget funds, to reduce the number of tasks and the timing of placement on the market.
For the most complex and important models of weapons and military equipment, the practice of concluding long-term contracts extending from three to nine years is expanding, including using a credit financing scheme. First of all, it concerns priority models of equipment, strategic missile systems, surface ships, submarines, anti-aircraft missile and space systems.
As of 25 June 2013, the department has posted 92 percent of the tasks of the SDS 2013 of the year - more than 700 billion rubles. 84 percent of government contracts have already been concluded, signed by both parties and accepted for execution, which significantly exceeds the figures for 2011 – 2012. For the rest of the tasks are competitive procedures and design contracts.
The main reasons for not concluding contracts are:
To restore effective work on the State Defense Ministry’s Defense Ministry, the functions of military missions have been restored, measures are being taken to increase their staffing levels.
In order to improve the quality of the military-scientific content of research, a decision was made to reassign the research organizations of the Ministry of Defense of Russia to the types and types of troops and interspecific content agencies responsible for organizing the operation of weapons and military equipment. This will make it possible to set new requirements for weapons and military equipment, to provide feedback between developers and troops.
It was decided to repair and maintain weapons and military equipment in 2013 by reconstructed military repair agencies. Medium, overhaul and overhaul with modernization will be carried out in the defense industry organizations, to which the assets of the Oboronservis repair enterprises begin to be transferred.
The Minister of Defense 10 June 2013 of the year approved the directives “On the procedure and deadlines for the fulfillment by the military administration of the obligations and tasks assigned to them”. This document includes all the provisions of the order number 03, describes all the rights and obligations of both the customer and the performer of the state defense order.
Director of the Department of Defense of the Russian Federation for the provision of state defense orders