Considering and analyzing the whole range of problems that arise for specialists in state and municipal procurement in Russia, we often ask ourselves: how are things going abroad, how perfect is the legislation, what difficulties do foreign suppliers and government customers face, and is there any point in adopting someone else’s experience? .
Andrey KHRAMKIN, Director of the Institute of Public Procurement of the Russian Civil Registry of Civil Registration, Chairman of the Association of Public Procurement Experts

At the moment, there are several documents that provide the regulatory framework for public procurement in different countries. By considering them, it is possible to identify the peculiarities of legislation in the field of public procurement in these states.

UNCITRAL Model Law “On Procurement of Goods (Works) and Services”
The document that has accumulated all the existing international experience and practical developments in the field of both government and public procurement in a market economy is the UNCITRAL Model Law “On the Procurement of Goods (Works) and Services”, adopted in 1994 at the 27th session UN Commission on International Trade Law. This law was developed by the United Nations as a model for building a modern efficient market model for placing government orders and was intended primarily for countries in Eastern Europe with a transitional type of economy, as well as for developing countries.
The main objectives of the UNCITRAL Model Law are to maximize competition, ensure fair treatment of suppliers and increase the level of openness and objectivity in public procurement. The law is recommended to be applied in all cases of public procurement, with the exception of procurement related to ensuring national defense and security.
The basic provisions of this document include:
1. In terms of openness and transparency - reporting on procurement in writing (reporting must reflect all significant measures taken by government customers during tenders and other procurement methods), as well as public notification of both the intention of government customers to enter into government contracts and and the signing of these contracts.
2. In terms of qualifications, there is a clear regulation of possible requirements for the qualifications of suppliers, the procedure and procedures for studying qualifications, as well as the procedure for conducting prequalification.
3. In terms of procedures – open competition as the main method of procurement; in addition to an open competition, a closed competition, request for quotations and purchase from a single source for simple products are provided; two-stage tenders, competitive negotiations, request for proposals for the purchase of complex products and consulting services.
4. The open tender procedure provides for the publication of a notice; sending tender conditions to potential suppliers (tender documentation); preparation of bids, including amendments and clarifications; submission of competitive bids; public procedure for opening bids; evaluation of applications; acceptance of applications and entry into force of the supply agreement. The law also describes procedures for other procurement methods; a fairly detailed definition is given to the procedures for procurement of services (two-stage tenders, request for proposals and competitive negotiations).
5. In terms of resolving disagreements between the parties, the law provides for the right of the supplier (contractor) to appeal the placement of a government order in the procuring organization, as well as in administrative or judicial proceedings.
It can now be argued that the UNCITRAL Model Law has played its role as a model law. The current legislation of the Russian Federation, Kazakhstan, Kyrgyzstan and other CIS and Eastern European countries is based on the provisions and approaches of this document.

WTO Government Procurement Agreement
The second most important international document is the multilateral Agreement on Government Procurement, adopted as a result of the Uruguay Round of multilateral trade negotiations in 1994. It is one of the elements of the General Agreement on Trade and Tariffs (GATT) and is concluded by countries as part of their participation in the World trade organization(WTO). The signing of the Agreement on Government Procurement is not a prerequisite for a country’s accession to the WTO, but in the last decade a steady trend has emerged: the leading WTO member countries (USA, EU countries, Canada, Israel, Japan, Switzerland) consider the signing of this document to be a part of bilateral negotiations with applicant countries is an indispensable condition. However, by May 2008, only 39 of the 152 WTO member countries had signed the Agreement on Government Procurement.
The agreement should facilitate the opening national markets government procurement and providing suppliers from countries that have signed this document with equal participation conditions as national suppliers. The goals of this document are to develop international trade, prohibit discrimination against foreign suppliers, and ensure transparency of legislation and applicable procurement procedures. Thus, government customers should not provide any individual suppliers or groups of suppliers (formed on a national or other basis) with preferential conditions for receiving government orders. It is prohibited to establish technical requirements for purchased products that restrict international trade; technical requirements for purchased goods, works or services must be based on international standards.
The Government Procurement Agreement defines three types of government procurement procedures: open, selective and limited. Procedures are open, in which applications can be submitted by any interested suppliers of goods or services. Selective procedures are those in which only suppliers who have received a corresponding proposal from the contracting authority are entitled to submit applications. Limited procedures are actions in which the contracting authority comes into contact with suppliers of goods or services individually, strictly on the terms established by the agreement.
Bidding procedures and other procurement methods must comply with certain rules. In particular:
it is prohibited to provide any suppliers or groups of suppliers with information about government procurement for preferential terms;
publication of information about the conduct of tenders should be carried out, including in international publications in one of the official languages ​​of the WTO;
qualification requirements must be uniform for all suppliers participating in procurement procedures;
when conducting bidding, the period for preparing competitive bids should not be less than 40 days, in other cases - no less than 25 days;
requirements for the content of tender documentation (tender documentation) are established;
the conditions for submitting and opening competitive bids have been determined to ensure compliance with the transparency and safety of proposals;
a number of other conditions have been adopted aimed at ensuring competition and transparency of the public procurement process.

Experience of the United States of America
The overall coordination of activities in the field of US government procurement is carried out by the Office of Federal Procurement Policy, which was created in 1974 as an advisory body to the Ministry of Management and Budget, and in 1988 it became an independent permanent government body. .
All procurement conducted by federal procurement agencies is governed by the Federal Acquisition Regulation (FAR1), developed in 1984 and describing all stages of procurement, from planning to the management of government contracts (up to their completion). The declared goal of the FAR is for all agencies conducting procurement for federal government needs to comply with a single procurement policy and use uniform procurement rules. FAR's mission is to provide all government customers with products with the best price/quality ratio (price/cost), taking into account the limited time for procurement.
In accordance with the FAR, the following procedures apply when placing a US government order:
— open tenders;
-two-stage bidding;
-conduct of negotiations;
- simplified procurement methods.

Simplified Acquisition Methods, which are not found in other countries, are used for small contract values ​​(up to $100 thousand) and in total should not exceed $5 million per year. At the same time, a ban is imposed on artificial fragmentation of the purchase volume. Simplified methods include:
request for price quotes (Price Quotations);
use of corporate purchasing plastic cards for especially small purchases - up to $2,500 (Governmentalwide Commercial Purchasing Card);
placing purchase orders (Purchase Orders);
use of framework agreements (Blanket Purchase Agreement) for regular purchases of a wide range of products (a typical example is stationery and other consumables for office work, as well as the supply of spare parts to customer fleets), etc.
The formation and placement of US government orders is carried out in two main areas: for the current support of activities (material and technical supply) and procurement according to the profile of a specific government agency (primarily research and development work, as well as capital investments).
The United States uses special government regulations to account for national defense and security procurement. This type of government order is placed on the basis of a special document - an addition to the set of rules for government procurement for the needs of national defense (Defense Federal Acquisition Regulation - Supplement, DFARS). These guidelines are used by the U.S. Department of Defense and other agencies for procurement of military-only products.
Issues of current support for the needs of the US federal authorities are resolved centrally, through a special organization - the General Services Administration (GSA), thanks to which customers can purchase a wide range of goods, works and services, “uniform and standard” for all departments, regardless of their profile. Government customers are offered a choice of more than 4 million products centrally purchased by the General Services Administration. At the same time, one of the important tasks of GSA is to reduce the costs of carrying out the procurement procedures themselves. Thus, GSA's procurement expenses in 2002 amounted to 2.07% of total procurement expenses, and in 2004 and 2005. decreased to 1.75%.

European Union experience
The significant share of government procurement and the large number of member countries determined by different levels development and capacity of the public sector, required a specific legislative approach to regulating the placement of government orders in the countries of the European Union. Today, the placement of government orders in the EU is regulated, depending on volumes and other conditions, by three levels of legislative regulation: international, EU legislation and national.
The international procurement regulation of the European Union primarily includes the requirements of the previously mentioned Agreement on Government Procurement of the World Trade Organization. Under regulation at the European Union level, there are a number of legal acts that provide uniform conditions for procurement for public needs. It should be noted that the period from 2004 to 2006 was a transitional period, when two types of documents were in effect in parallel - the “old” directives and the “new” ones replacing them.
Fundamental changes in the regulation of public procurement of the European Union are aimed at improving the regulatory framework and imply:
. exclusion from the scope of general legislation on public procurement of certain sectors of the economy that are traditionally natural monopolies (water supply, energy, transport and postal services);
introduction of more flexible procedures into procurement practice, in particular competitive negotiation procedures, as well as the conclusion of framework agreements;
taking into account new forms of organizing and doing business: concessions and other forms of partnership between the private and public sectors;
implementation of electronic procurement.
The EU views public procurement as a tool not only to meet the day-to-day activities of public administration, but also to implement social policy. In particular, the communique “On European Community legislation in the field of public procurement and the use of public procurement for the implementation of social policy” states that when concluding contracts for the supply of products for state and public needs, it is necessary to take into account social goals. It is especially noted that the implementation of social programs is possible within the framework of existing legislation and the practice of its application. The main approaches to implementing the social approach in procurement are also indicated, including:
development of appropriate technical specifications and contract conditions, including requirements for working conditions;
correct selection of suppliers;
exclusion from the number of suppliers of those whose activities do not comply with legislation in the field of social sphere;
use of additional social criteria when selecting suppliers.
The same document provides for the implementation of environmental policy when placing government orders:
development of appropriate technical specifications;
use of certain raw materials and materials;
use of specific technological processes;
selection of appropriate suppliers;
recommendations for evaluating proposals and choosing best offer taking into account environmental requirements.
Procurement by EU countries continues to be carried out by public authorities in accordance with national legislation. However, this takes into account not only national procurement rules, but also the legislation and recommendations of the European Community established in the previously mentioned directives.

International experience financial institutions
Of significant interest is the experience of procurement at the expense of public funds by the so-called international financial institutions (IFIs) - large international non-profit organizations whose purpose is the development of certain sectors of the economy of different countries or regions of the world. MFIs accumulate significant amounts of funds (received from contributions from participants, as well as from commercial activities - as a rule, the provision of resources is carried out on the principles of lending, that is, on a repayable basis)
on a paid basis) and implement large international commercial and non-commercial projects.
Since projects are financed from international financial institutions, the rules for spending these funds, including procurement rules, are established by IFIs. It is customary to make reference to these rules in agreements with IFIs on the provision of credit resources. Since such agreements have international status, IFI procurement rules apply, rather than national rules and procedures for purchasing products for government needs.

Among the most famous MFIs are:
The World Bank Group, which includes the International Bank for Reconstruction and Development, the International Development Association and a number of other structures;
European Bank for Reconstruction and Development;
Asian Bank for Reconstruction and Development – ​​for suppliers registered in Asia;
various kinds of foundations (Soros Foundation, Know-How Foundation, USAID, etc.) and a number of other organizations.

When implementing any project, there is a need for certain goods, works and services purchased on the free market. For example, to organize the activities of an office, computers are needed, to modernize the city’s water supply system – pumps and treatment equipment, construction work requires the need for engineering supervision services.
Of all the currently existing IFIs in Russia, the most famous are the World Bank and the European Bank for Reconstruction and Development. According to World Bank, by May 2008, there were 25 projects in our country totaling about $10 billion, financed from its funds.
The rules for the procurement of goods and works in projects financed by the World Bank are set out in the “Procurement Guidelines for IBRD Loans and IDA Credits” (hereinafter referred to as the Guidelines) and provide for the following procurement methods:
International Competitive Bidding;
National Competitive Bidding;
international closed bidding (Limited International Bidding);
request for quotes (Shopping);
procurement from a single source (Direct Contracting).
The Guidelines clearly define the timing of individual procedures, the sequence of actions upon the occurrence of certain circumstances, the rights and obligations of the parties in any possible situation, and the procedure for conducting international competitive bidding as the most complex method of procurement is described in more detail.
With the reduction in the volume of government borrowing in Russia, the European Bank for Reconstruction and Development (EBRD) is beginning to play an increasingly important role, providing funds not only to the government, but also to the non-state sector of the economy. In this regard, the EBRD microloan program for private businesses, including without providing state guarantees. Russia is the EBRD's largest client (the volume of the bank's financial liabilities in our country is about 38% of all its financial liabilities). Procurement rules for EBRD projects are formulated in a separate document – ​​Procurement Rules for Projects Financed by European Bank reconstruction and development.
It can be said that the procurement methods used by international financial institutions, as well as the rules for their selection and procedures within the framework of their projects, are in many ways similar to the rules and procedures described by the UNCITRAL Model Law on the Procurement of Goods (Works) and Services. Thus, the international community actively uses competitive technologies for concluding contracts for the supply of goods, performance of work and provision of services when spending public funds, be it taxpayer funds (government procurement in developed countries of the world) or participants in international financial institutions (procurement under projects of the World Bank, EBRD and so on.). There is a common understanding that competitive procurement helps reduce the cost of purchasing goods, works and services, ensures greater efficiency of spending and reduces the level of corruption when placing orders at the expense of government or public funds.

World experience in organizing and regulating international tenders

1.Basic principles of foreign financing

2.Preferences for national suppliers

.Organization of public procurement based on tenders in various countries

.Features of tender procedures in projects of international organizations

1. Basic principles of foreign financing

international tender procurement

The term “public procurement” is interpreted differently in almost every country. Purchases are usually divided at the expense of state budget to ensure the life and functioning of government bodies (stationery, office equipment, transport, etc.) and procurement in order to ensure the functions of the state (defense, security, healthcare, etc.). In any case, the concept of “procurement for government needs” excludes goods (work, services) purchased for the purpose of their further resale.

Procurement practices existing in a country are a good indicator of both the level of development market relations, and the state of the economy as a whole. There are various models for organizing procurement activities. Two of them dominate - distributed (decentralized) and centralized.

The most effective is the combination of models when, for example, the general management of procurement activities (development of the regulatory framework, planning, control and coordination) is carried out by the Ministry of Finance or Economics, in particular, through budget formation, and specific procurements are carried out by specialized procurement structures (departments) . This is exactly the structure of the UK public procurement system.

The main problem in modern foreign public procurement practice is the notorious “human factor”, reflected in corruption and dishonesty. We are no longer talking about occasional bribery of officials, but the merging of government and business, as a result of which, along with competitive methods of selecting suppliers, lobbying began to play a very important role.

However, a well-developed regulatory framework and competent procurement administration may well reduce possible losses of efficiency to a minimum - the lobby turns into only one of the factors of choice, operating in “all other things being equal” circumstances.

Two important trends in global purchasing practice should be noted. The first is the gradual decentralization of procurement, the second is a change in procurement priority from achieving the minimum purchase price to choosing the most effective solution for the customer within the established budget.

In foreign procurement practice, there is an already established system of basic principles, which include:

• transparency (sometimes called “transparency”, English transparency) - openness and accessibility of information about procurement;
• accountability and compliance with procedures (accountability and duprocess) - strict adherence to procurement procedures under state and public control;
• open and effective competition - non-discrimination;
• fairness - equal opportunities for all procurement participants.
• These principles underlie procurement legislation in many countries. They are enshrined in a number of international documents, in particular in the already mentioned Multilateral Agreement on Government Procurement within the WTO, and are the basic principles of procurement.
• 2. Preferences for national suppliers
• One of the fundamental laws of the world economy states that the losses of national consumers from protectionist policies are always higher than the benefits of national producers. However, some countries, hoping to support their own industry, provide various kinds of preferences to local suppliers and contractors in government procurement. It is worth noting that this practice is gradually declining, largely due to the activities of international organizations such as the WTO. But, apparently, they will not completely move away from it anytime soon.
• In a number of countries, state regulation of international tender procedures is carried out in order to streamline the influx of foreign business capital and protect the interests of local firms.
• In many developing and industrialized countries, the right of local firms to priority in price levels is legislated, i.e. other things being equal, the winnings are awarded to the local firm even if its bid price is higher than the bid price of other foreign participants. The price margin in favor of local firms can range from 6% (USA, Canada) to 15% (Kuwait, India) and even higher. In a number of countries, those foreign participants who do not provide for the transfer of part of the contract to local firms are not allowed to bid. Sometimes foreign contractors are prohibited from importing equipment and materials, the production of which has been mastered by local industry, a rule has been introduced to triple the number of local personnel over foreign ones for contract projects, and a list of works and services has been determined that a foreign contractor is obliged to transfer to local firms. In some countries, part of the government order is reserved for certain categories of suppliers, for example, small businesses, organizations of the disabled, penitentiary institutions, etc. Large contracts are deliberately broken down into smaller ones to facilitate access by national producers. In many countries, participation of foreign companies in tenders is possible only through local agents or partners (Egypt, Oman). To overcome such restrictions and increase the possibility of winning orders, foreign companies began to resort to creating consortia with the participation of local firms.
• There is a tendency to expand the rights of auction organizers, which complement the efforts of states to stimulate the activities of national producers and increase the efficiency of investments. For example, the practice of repeat bidding in order to reduce prices is widely used. Along with the pricing policy, tender committees, when conducting contract tenders, began to increasingly use “credit competition” in the interests of customers, which makes it possible to force tender participants to accept obligations to participate in lending and even finance the costs of construction of objects. Often, the credit and financial conditions of tender proposals are the decisive criterion in determining the winner of the tender. In modern conditions, less obvious methods of restrictions have increasingly begun to be used, such as customs duties and non-tariff measures (standards, certificates, licenses, etc.).
• Thus, it can be noted that most countries use various ways to limit access to their markets for foreign competitors. However, Germany can be cited as an exception, whose legislation prohibits giving preference to national participants.
• 3. Organization of public procurement based on tenders in various countries
• USA.In general, the procurement system for national needs in the United States of America is decentralized, but procurement directly for government needs (supporting the functioning of the state apparatus, etc.) is very reminiscent, oddly enough, of the Gossnab system that existed in Soviet times.
• Currently, procurement for the needs of federal authorities in the United States is the prerogative of the General Services Administration (GSA). GSA organizes large wholesale purchases based on applications from ministries and departments, using competitive procedures, primarily tenders. Next, purchased goods are stored in GSA warehouses and resold to customers at a wholesale price with a small percentage retained, used to support the life of GSA.
• Procurement for national defense needs is carried out by the US Department of Defense. Specialized procurement is also carried out by some other departments.
• Legislative framework government procurement systems in the United States consist of the Federal Acquisition Regulations (FAR) and the Defense Federal Acquisition Regulations - Supplement (DFARS). These documents regulate the entire federal procurement system and are distinguished by a very detailed elaboration of principles and procedures,
• The United States uses a fairly powerful mechanism of preferences and quotas for the participation of certain categories of suppliers in government procurement, including:
• small business;
• women-led businesses;
• enterprises with employees who are representatives of national minorities (primarily the indigenous population);
• business involving investments;
• institutions of the correctional system (prisons, etc.).
• Great Britain.Chief coordinator of public procurement in the UK is the State Treasury. The procurement system is based on the principle of delegation of powers and functions, down to the level of a specific official.
• Procurement itself is the prerogative of line ministries, and there are also specialized “industry” procurement services. Each ministry has a contract work department.
• For example, the National Health Service Supplies provides purchases and supplies for medical institutions at all levels (up to and including the level of rural hospitals) of all types of necessary goods and services, from medical equipment to household gas and electricity.
• On the one hand, this allows you to avoid unnecessary expenses for maintaining a procurement specialist in each of the institutions, on the other hand, it saves budget funds through holding competitions and wholesale supplies.
• The legislative basis for British public procurement is the Procurement Policy Guidelines, as well as a number of other documents.
• Germany.Specifics of public procurement in Germany is the minimum separation of procurement rules by the state and commercial structures on the basis of civil law. Federal, regional and local authorities, as well as institutions and organizations subordinate to them, are guided in their activities by budgetary law.
• The control function during procurement is assigned to the Federal Audit Chamber and the relevant control and audit bodies of the federal states.
• The public procurement system in Germany is based on three main regulatory documents:
• “Regulations on government orders for services” (VOL), parts “A” and “B” as amended. dated May 12, 1997;
• "Regulations on government orders for construction services"(VOB), parts "A" and "B" as ed. dated July 3, 1996 (as well as the Law “On Amendments to the Law “On the Principles of Budget Formation”” and “Regulations on the Placement of Government Orders” as amended on February 22, 1994 and “The Procedure for Verifying Budget Execution” as amended on July 3, 1996) February 22, 1994); ?“Regulations on state procurement for services of liberal professions” (VOF) dated May 12, 1997.
• Government orders are placed on the basis of an open (mostly) or closed competition, and in exceptional cases, without announcing a competition. At the same time, the procedures are somewhat different from the usual ones: for example, bidders are not present at the opening of tender proposals.
• To attract small and medium-sized businesses to government procurement, German legislation provides for the division of large orders into lots, and in the case of non-competitive placement of orders, mandatory rotation of suppliers.
• From a certain procurement volume, it is mandatory to publish a tender notice in the EU procurement bulletin.
• Interestingly, German law prohibits giving preference to domestic providers.
• European Community.The public procurement market in the European Community (EU) accounts for about 11% of the GDP of its member countries, of which 20% is for services, 45% for goods, 35% for works.
• The EU aims to create a single economic space regulated by common rules, including in the field of public procurement. They are regulated through Directives defining rules and procedures for the procurement of goods, works and services, which include:
• procurement of goods - The Supplies Directive 93/36/EEC;
• procurement of services - The Services Directive 92/50/EEC;
• procurement of works - The Works Directive 93/37/EEC;
• government procurement agreement - Government Procurement Agreement (GPA) and a number of others (97/52/EC, 89/665/EEC, 87/95/EEC).
• These guidelines are based on the following principles:
• equal access to information about planned procurement in all EU member countries;
• absence of discrimination against participants from member countries of the Union, including in technical specifications;
• ?using objective contract award criteria. Gradually, the national legislation of the Union member countries is being brought into line with the provisions of these documents.
• EU procurement rules are in many ways similar to recommended international documents, such as the UNCITRAL Model Law on Public Procurement, although there are some important differences, in particular regarding the range of procurement procedures applied.
• Despite many years of experience in public procurement, various violations periodically occur in Western Europe. Thus, in July 2002, the European Commission was forced to appeal to the European Court of Justice in connection with the identification of deviations from procurement rules in Greece, France, Italy and the UK. Violations include holding competitions without publishing an invitation in an official publication (Greece), awarding a contract without holding a competition (Greece, Italy), unjustified restrictions or preferences for certain categories of participants (France), failure to use public procurement legislation by parastatal enterprises (UK).
• And in February 2003, 30 high-ranking officials of the Italian government agency Anas, which organizes competitions for the distribution of government and municipal construction contracts, were arrested on charges of corruption. Two of the detainees were caught in the act - at the moment when they received money from representatives of construction companies who, with their help, won a tender for the construction of a highway in the province of Lombardy in the north of the country.
• Ukraine.The procurement of goods, works and services for public needs in Ukraine is regulated by the law “On the procurement of goods, works and services for public funds” No. 1490-Ш dated February 22, 2000, resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Economy.
• An interesting point is the possibility of reducing the trading period. Usually it is set within 45 calendar days from the date of publication of the auction announcement. In some cases, this period may be reduced to 15 days.
• Ukrainian legislation provides preferences for national suppliers - 10% (if the offer price does not exceed 200 thousand euros for goods, 300 thousand euros for services and 4 million euros for work). Special benefits apply to the Ukrainian Society of the Blind and Deaf, the Union of Organizations of Disabled Persons and enterprises of the penitentiary system (colony, etc.) - 15% regardless of the offer price.
• Selected examples: Argentina and Eastern Europe.The public procurement system in Argentina is maximally aimed at protecting the interests of national suppliers - tender regulations provide for a level of preferences of 5-10%.
• Another important feature is the high cost of tender documentation (from 1000 to 2000 US dollars). Moreover, any interested supplier has the right to preview it free of charge.
• The tender announcement is published in official media in Spanish 30-60 days before the tender.
• The principles of public procurement developed by the international community are being quite actively introduced into the practice of Eastern European countries, as well as states that emerged in the post-Soviet space.
• The organizational structure of public procurement in these countries is largely similar: procurement is carried out by ministries and departments, one of which is entrusted with coordinating and monitoring functions. The legislative framework consists of a public procurement law (usually based on the UNCITRAL model draft) and a number of by-laws, and information about procurement is disseminated through a special national publication.
• Russia.The share of government procurement in the Russian Federation is about 40% of budget expenditures.
• Competitive mechanisms, which are most effective specifically for large purchases, allow not only to reduce the cost of products required by the customer, but also to increase the transparency and controllability of the procurement process and, as a result, reduce the level of corruption. Last task in Russian conditions, unfortunately, is very relevant. According to various estimates, from 70 to 90% of government procurements are carried out with various types of violations. To be fair, we note that not all violations are a consequence of the malicious intent of the purchasers; sometimes the conflicting requirements of various legislative acts are almost impossible to fulfill.
• The public procurement system in Russia is still in its formation stage. Inconsistency, and often the absence of legal regulation, insufficient qualifications of specialists responsible for procurement, high level of corruption - all these circumstances reduce the efficiency of procurement and serve as a source of distrust in them on the part of suppliers. However, positive changes are evident: the share of objectively conducted procurement is slowly but surely growing.
• According to estimates by the Ministry of Economic Development and Trade of the Russian Federation, the reduction in budget expenditures through the use of competitive procurement methods in 2003 amounts to 42 billion rubles. (8.6%).
• The basis for legislative regulation of the public procurement system is:
• Constitution of the Russian Federation;
• Civil Code RF;
• Budget Code of the Russian Federation;
• Federal Law of the Russian Federation of May 6, 1999 No. 97-FZ “On tenders for placing orders for the supply of goods, performance of work, provision of services for public needs” (the law is discriminatory in nature, limiting the participation in tenders of all subjects of the sphere of circulation and foreign companies) ;
• Regulations on the organization of procurement of goods, works and services for state needs, approved. By Decree of the President of the Russian Federation of April 8, 1997 No. 305 “On priority measures to prevent corruption and reduce budget expenditures when organizing the purchase of products for state needs.”

There are a number federal laws and dozens of regulations of ministries and departments (Appendix 6), as well as very diverse regional legislation. Let us immediately note that there is a fairly clear hierarchy of their application, and if the lower one on the hierarchical ladder contradicts the higher one, the regulation proposed by the higher one should be applied.

Features of tender procedures in projects of international organizations

The main international organizations that finance procurement procedures in various countries are the World Bank and the European Bank for Reconstruction and Development.

Procurement for World Bank projects.Every year the World Bank allocates about 20-25 billion dollars for various projects Worldwide. Most of these funds are spent on the purchase of goods, consulting services and construction work. To achieve the goals of the projects, about 40 thousand contracts are concluded with commercial structures per year. Moreover, contract amounts vary from several thousand to several tens of millions of dollars.

Regardless of the country where the project is implemented, the methods and rules for procurement for World Bank projects remain unchanged and are quite clearly regulated on the basis of competitive procedures set out in the relevant regulatory and methodological documents, for example, for the World Bank - in the procurement manuals: “Guide. Procurement under IBRD loans and MAP loans" and "Guide. Use of Consultants by World Bank Borrowers and the World Bank as an Implementing Entity.”

The main method of purchasing goods and work for World Bank projects is International Competitive Bidding (ICB) - a procedure for concluding a contract for the supply of goods or contract work under conditions pre-announced in the tender documentation, within a specified time frame, on the principles of competition, fairness and efficiency. The announcement of the ICT is published in the official publication “Development Business” and in national newspapers of the country where the project is implemented.

ICT for complex projects can be carried out with pre-qualification, as well as using a two-stage procedure.

For IBRD projects involving procurement on an ICT basis (and such projects constitute the vast majority), General Procurement Notes are published annually in the Development Business bulletin.

Such a notice contains information about the borrower (or potential borrower), the amount and purpose of the loan, the volume of procurement within the framework of the ICT, the name and address of the borrower's institution responsible for procurement.

The first stage of procurement - preparation of tender documentation, usually remains “invisible” to the supplier. The tender package is being approved by the World Bank. Only after receiving the Bank's “non-objection” is it possible to publish an invitation to tender.

Bidding documents contain all the information necessary to prepare a bid. As a rule, the tender package includes:

§ invitation to tender;

§ instructions for bidders;

§ tender offer form;

§ contract form;

§ general and special conditions contract;

§ specifications and drawings;

§ list of goods or scope of work;

§ delivery dates and completion schedule;

§ applications (for example, various types of tender proposal security).

The criteria for evaluating bids and determining winning bidders are usually set out quite clearly in the instructions to bidders and specifications. The fee for the provision of tender documents covers only the cost of preparing and delivering documents to potential bidders, but not its development.

To prepare the tender package, standard documents for competitive bidding are used, in which it is possible to include minimal changes, and strictly in agreement with the Bank. It should be noted that such changes are made only to applications containing technical specifications tender, or in special contract conditions. Changes to other documents are prohibited.

In accordance with the procurement manual, the tender documents shall specify all criteria, other than price, that will be taken into account in the evaluation of proposals, as well as the methods for evaluating these criteria, quantified or otherwise.

If alternative proposals are allowed, the conditions for their acceptability and evaluation methods are clearly and unambiguously stated in the tender documentation.

State enterprises may participate in tenders only if they can prove that they have legal and financial independence and operate within the framework of commercial law.

Firms blacklisted by the Bank for dishonesty or corruption are also not allowed to participate in the competition. Typically, firms are “disqualified” for several years (five on average) or “for life.” The list of “disqualified firms” can be found on the Internet on the World Bank website at: #"justify">Firms from countries that are not members of the Bank, as well as those subject to sanctions by the UN Security Council, are also not allowed to participate in tenders.

The World Bank prohibits participation in tenders by companies that have direct or indirect opportunities to influence the outcome of the competition.

Procurement for projects of the European Bank for Reconstruction and Development.The European Bank for Reconstruction and Development (EBRD) is an international organization focused on assisting the countries of Eastern Europe and the CIS.

The EBRD, unlike the World Bank, does not impose any restrictions on the purchase of goods and services from countries that are not members of the Bank. Exceptions include companies with a history of corruption or fraud, as well as companies from countries subject to sanctions imposed by the UN Security Council (for example, North Korea).

The procurement rules for EBRD projects are set out in the document “Principles and rules for the procurement of goods and services for projects financed by the European Bank for Reconstruction and Development”, consisting of five sections and an appendix:

1.introduction (briefly describes the Bank's procurement policy);

2.principles and considerations (apply to all Bank operations);

.rules for the procurement of goods and services for public sector operations (determine procurement for projects implemented by the Bank in the public sector: the main method of procurement is open competitive bidding);

.rules for the procurement of goods and services for private sector operations (guidelines for procurement of private sector projects - competitive bidding for procurement is recommended, but not required);

.procurement of consultant services;

.application. Bank control over decisions on the purchase of goods

.and services (the Bank’s control mechanism is briefly described).

Compared to the World Bank procurement guidelines and even Russian government procurement legislation, this document looks rather general, describing the procurement mechanism without much detail. At the same time, the principles of procurement organization key points differ little from the principles of the World Bank.

Introduction

Procurement, or, figuratively speaking, “the art of purchasing,” is not at all as young a teaching as it might seem. Just as in military affairs weapons and armor developed over the centuries in confrontation, so in the business sphere sellers and buyers competed. Moreover, the more market relations developed, the more important the role of the seller became. It is no coincidence that the topic of effective sales - “the art of selling” - is one of the leading topics in the lists of best-selling business books and popular training seminars. However, to maximize profits, it is important not only to sell products at a higher price, but also to incur the minimum possible costs for their production or acquisition. After all, sometimes it’s not so easy to purchase exactly what you need and on optimal terms. (4)

An analysis of global experience in using various procurement procedures shows that one of the most effective forms of organizing large purchases of goods and services is holding open competitions (tenders). In this regard, this course work is devoted specifically to the topic of competitive bidding, namely the rules and procedures for their conduct. The relevance of the work lies in the fact that modern world the public procurement system naturally became an integral part of the sphere of internal exchange of goods and services and one of the mechanisms for maintaining competition and a liberal way of managing.

The purpose of the course work is a detailed examination of the basic rules and procedures, as well as the legal framework for public procurement in the modern world market using the example of two financial institutions: International Bank Reconstruction and Development and the Caribbean Development Bank. We face the following tasks:

1. identify the reasons for the emergence of such organizations as the IBRD and the CBD;

2. learn more about their activities;

3. identify similarities and differences in the methods and methods of providing loans by these financial institutions;

4. assess the role of procurement in the global economy as a whole.

The object of the study is the procurement procedures and rules established by the organizations we are considering, and the subject of the study is the procurement itself, carried out according to these rules.

Government procurement in the modern global market

1.1 The essence, subject and role of procurement in the global economy

The government procurement market is a critical element of the country’s socio-economic development, and the system of government procurement itself is increasingly becoming one of the fundamental institutions of state regulation of the economy, which has a significant impact on its dynamics and structure.

The term “public procurement” is interpreted differently in almost every country. In most cases, we are talking about purchases from the state budget to ensure the life and functioning of government bodies. At the same time, the concept of “procurement for government needs” excludes purchases of goods (works, services) purchased for the purpose of their further resale.

Procurement is the acquisition of goods, works or services by any means. A procuring entity may be any government department, agency, authority or other organization or any subdivision thereof that is engaged in procurement in a given State (also, the enacting State may include in this list other organizations or enterprises or their respective categories, which must be included in the definition of “procuring entity”).

It is difficult to overestimate the role of public procurement. In the modern world, this is not just an ordering process, but a tool for building a policy for the state to perform its functions:

1. protection (VPK),

2. food security (AIC),

3. energy security (fuel and energy complex),

4. social sphere (education, healthcare, science, culture),

5. protection and conservation of natural resources.

The importance of improving the government procurement mechanism is also evidenced by the fact that at the turn of the 20th-21st centuries the share of government expenditures in gross domestic product in almost all countries (developed and developing) has increased more than 700 times. There is an increase in both the volume and cost of purchases for government needs. The state is becoming the largest consumer in the market of goods, works and services - the share of government procurement is constantly growing and amounts to more than 20% of GDP in developed countries. Therefore, governments, by managing public spending and taxes, can have a significant impact on socio-economic processes, and public procurement is increasingly considered as one of the effective tools for socio-economic development and public policy in solving such important tasks as ensuring the unity of the economic space, development markets and maintaining a competitive environment, supporting regions and population groups, developing certain market entities and economic sectors.

Government procurement is an investment. Through the government procurement mechanism, the problem of attracting resources for accelerated economic growth and social development is solved. It is important to take into account that for sustainable and harmonious socio-economic development, not only the rate of economic growth is important, but also the creation of conditions for solving such important problems as:

· achieving social and technological homogeneity of the economic country space,

· reducing the differentiation of living standards across income groups and between different regions,

· convergence of the technological level of production in various sectors of the economy,

· increasing the socio-technological homogeneity of the economy.

It is through a perfect public procurement mechanism that these problems can be solved most effectively. This is supported by more than 200 years of experience in the development of the Federal Contract System in the United States.

What is the subject of public procurement?

According to the classification proposed by UNCITRAL, it is customary to divide procurement items into goods, works and services. “Goods” generally include items of any kind and description, including raw materials, products, equipment and objects in solid, liquid or gaseous states, electrical energy, as well as services incidental to the supply of goods, if the cost of such associated services does not exceed the cost of the goods themselves. goods. “Works” means any activity related to the construction, reconstruction, demolition or renovation of buildings, structures or facilities, including site preparation, excavation, erection, construction, installation and finishing, as well as related construction services, such as drilling, geodetic work, satellite imaging, seismic surveys and similar services, if their cost does not exceed the cost of construction itself. “Services” means any item of procurement other than goods and works.

Speaking about procurement, we must not forget about such an important element as procurement - a set of methods that make it possible to most effectively satisfy the customer’s needs for goods, works and services. Procurement is an interconnected system that includes:

· procurement planning;

· determination of the feasibility of the proposed purchase;

· procurement regulation;

· procurement;

· procurement control.

In foreign procurement practice, there is an established system of basic principles of procurement, which include:

1. openness and transparency - availability of information on procurement;

2. accountability and responsibility - strict adherence to procurement procedures under state and public control;

3. competitiveness - the selection of a counterparty should be carried out on the principles of competition;

4. equality and justice - non-discrimination;

5. efficiency - maximum economic benefit when achieving results;

6. validity - purchasing those products that are really needed and in the best possible way satisfies the real needs of the customer.

These principles form the basis for legislation in many countries, and are enshrined in a number of international documents, in particular in the Multilateral Agreement on Government Procurement within the World Trade Organization. And all because the issues of regulation of public procurement throughout the world are the object of close attention from legislators - after all, in this case, the buyer himself, that is, the state, is interested in the maximum efficiency of the process. Let's take a closer look at modern procurement rules that help resolve issues of unfair competition and possible conflicts between the parties that arise in international trade.

1.2 Organization of procurement of goods and services. Legal basis

Government procurement and placement of orders in developed countries takes place on the basis of generally accepted methods:

1. competitive procedures (open, closed, two-stage, selective),

2. procurement based on negotiations with several potential suppliers,

3. purchases in a regular trading network (quotation request method),

4. purchases from a single source.

Competitive procedures are the most widely used, because they ensure equal conditions of access to government orders, openness and transparency of all procedures and selection criteria. The possibility of using other methods requires appropriate justification.

Most developed countries, despite the long traditions of a market economy, take into account international requirements in their national legislation. The principles of procurement generally accepted in world practice (including the principles of procurement, which were mentioned above) and placing orders are formulated in legislation individual countries and are recorded in a number of international documents, such as

· EU Directives,

· Multilateral Agreement on Public Procurement within the WTO,

· Documents of the Asia-Pacific Economic Cooperation Organization and others.

Differences in the legislation of individual countries are due to the priorities of the economic policy of a particular state. Procurement practices existing in a country are a good indicator of both the level of development of market relations and the state of the economy as a whole. At the level of national legislation, international provisions are clarified and specified, taking into account the specifics of the state’s economic policy. Industry regulations are issued that make it possible, on the basis of general national legislation, to formulate specific provisions that reflect the specifics of a particular industry.

In a number of countries, state regulation of international tender procedures is carried out in order to streamline the influx of foreign business capital and protect the interests of local firms. For example, the right of local companies to priority in price levels is legislated, i.e., other things being equal, the winnings are awarded to the local supplier, even if the price he offers is higher than that of foreign participants. The price “head start” for local players can range from 6% (USA, Canada) to 15% (Kuwait, India) or more.

Those foreign participants who in their proposals do not provide for the transfer of part of the contract to local firms may not be allowed to participate in the auction; a list of works and services has been determined that the foreign contractor is obliged to transfer to local firms. In many countries, participation of foreign companies in tenders is possible only through local agents or partners (Egypt, Oman). Sometimes foreign contractors are prohibited from importing equipment and materials produced by local industries, and there is a rule of three times the number of local personnel over foreign ones for contracted sites. In some countries, part of the government order is reserved for certain categories of suppliers, for example, small businesses, organizations of the disabled, penitentiary institutions, etc. Large contracts are deliberately broken down into smaller ones to facilitate access to national manufacturers. To overcome such restrictions and increase the possibility of winning orders, foreign companies began to resort to creating consortia with the participation of local firms.

Modern international public procurement law is based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, as well as the UNCITRAL Model Law Guide to Enactment. The UNCITRAL Model Law "On the Procurement of Goods (Works) and Services" contains 57 articles, grouped into 6 chapters:

1. General Provisions;

2. Procurement methods and conditions for their use;

3. Bidding procedures;

4. Main procurement method;

5. Procedures applied when purchasing by alternative methods;

6. Appeal.

The Model Law is intended for those countries (governments) that consider it desirable to regulate the procurement of goods (works) and services and pursue the following objectives:

· ensuring maximum cost-effectiveness and efficiency of procurement;

· expansion and stimulation of participation in procurement by suppliers (contractors), regardless of nationality, which serves the development of international trade;

· development of competition between suppliers (contractors) in relation to purchased goods (works) or services;

· ensuring fair and impartial treatment of all suppliers (contractors);

· promoting objectivity and impartiality of the procurement process and public confidence in it;

· ensuring openness of procurement procedures.

This document discusses non-competitive placement of orders, competitive placement of orders with a limitation on the number of participants, using quotes, features of purchasing goods from a single source, etc. It also provides standard requirements for organizing the attraction of competitive bids and applications for prequalification. The procedure for submission and standard requirements for the composition of competitive documentation are considered. The law regulates the procedure and criteria for evaluating proposals. The procuring entity shall establish criteria for evaluating proposals and determine the relative importance of each such criterion and the manner in which they will be applied. The procedures for selecting the winner may include: selection without negotiations (solely according to established evaluation criteria); selection through simultaneous negotiations; selection through alternate negotiations.

Regardless of the country where the project is implemented, the methods and rules for procurement for projects of the world's main lender - the World Bank - remain unchanged and quite clearly regulated on the basis of competitive procedures set out in the relevant regulatory and methodological documents.

To confirm or refute this statement, let’s take a closer look at the following: credit and financial institutions, How International Bank Reconstruction and Development and the Caribbean Development Bank.

One of the main objectives of the development of the public procurement system in Russia is the creation of a unified electronic government procurement system. And if Russian specialists are only taking the first steps towards the implementation of this idea, then in the USA and the countries of the European Union they have been using high technologies for a long time.

American government procurement

Abroad, the greatest experience in information support of government procurement has been accumulated in the United States of America. The first law to regulate federal system government procurement was adopted in the United States in 1792: according to it, powers in the field of procurement for government needs were given to the ministries of finance and defense.

In general, the procurement system for national needs in the United States is non-centralized, but procurement directly for government needs is very reminiscent of the Gossnab system that existed in Soviet times.

Currently, procurement for the needs of federal authorities in the United States is the prerogative of the General Services Administration (GSA). Based on applications from ministries and departments, the Administration of Ukraine organizes large-scale purchases using competitive procedures, primarily tenders. Goods are stored in UOU warehouses and are resold to customers at a wholesale price with a small percentage retained, which serves to ensure the life of the UOU. Procurement for national defense needs is carried out by the US Department of Defense. Specialized procurement is also carried out by some other departments, such as the Energy Research and Development Agency, the National Aeronautics and Space Administration (NASA), etc.

Monitoring of federal procurement is entrusted to the Office of Federal Procurement Policy, and interministerial coordination in the field of procurement policy is carried out by the Federal Acquisition Regulatory Council. The legislative basis for the government procurement system in the United States is the Federal Acquisition Regulations (FAR) and the Defense Federal Acquisition Regulations-Supplement (DFARS). These documents regulate the entire federal procurement system and are distinguished by a very detailed elaboration of principles and procedures. All laws related to this area can be divided into two categories.

The first is federal legislation. It regulates the organization of the public procurement process and establishes legal norms that relate to specific types of procurement within the competence of the relevant executive authorities at the federal level. The second is special legislation responsible for procedures and forms of contracts, as well as information support for procurement processes and analysis of their results.

The management of the US government procurement system is based on three basic principles stemming from the American approach to the functions and tasks of the state:

• - achieving fairness, that is, ensuring conditions for equal participation of contractors in competition for government contracts;
• -maintaining integrity and fighting corruption in public procurement;
• -economy and efficiency, that is, ensuring the procurement of goods and services of the required quality at the lowest possible prices with minimal procurement costs.

Electronic technology

The US government procurement system includes about 100 federal departments representing government, economic and scientific-technical complexes. They place orders for goods and services directly through the central federal body management, own departmental centers and 12 regional centers of the federal government, which are located in largest cities countries.

US legislation also regulates the activities of the bodies responsible for the formation and use information resources on government procurement. In particular, the powers and functions of the bodies responsible for maintaining the information resource are legally defined - collecting, processing and distributing procurement data, ensuring and managing the functioning of the information base of the procurement data system for federal needs and the Federal Register of Contracts. The Federal Acquisition Data Center regularly publishes guidelines for reporting this data, which include:

• - a complete list of reporting and non-reporting agencies;
• -necessary instructions for data collection nodes in each department;
• - explanations (what data is required and how often it must be submitted).

In 1994, US legislation was subjected to a major revision as it did not sufficiently reflect the increased role of procurement of products for government needs. The result of the audit was the emergence of a law on improving federal acquisitions, which entailed the modernization of information policy and issues of the formation and use of information resources in the system. The organization of public procurement procedures was also analyzed (by 1994, there were 889 general controlling laws and regulations). Now the federal commissioners for public procurement were given greater independence in choosing the forms, methods and means of conducting procurement for the needs of the state. The law significantly simplified the contract procedure for small purchases and at the same time supported e-commerce. The term “electronic commerce” in this case refers to electronic technologies for facilitating business activities, including e-mail, the Internet, electronic bulletin boards, payment cards, funds transfer, virtual data exchange, etc.

The new law eliminated the paperwork and record keeping required by numerous rules and procedures for contract purchases under $100,000, allowing for a simplified procurement procedure to be applied to 45,000 transactions worth $3 billion. dollars annually.

Today, every federal agency in America is required to create and maintain a computer database containing unclassified information on all contracts with a unit value of more than $25,000 for the last five fiscal years. All agencies must submit this information to the Central Federal Procurement Information System. Federal agencies use standard document forms and unified data formats to provide contract information. In addition to the list provided, agencies must have electronic data identifying subcontracts for contracts totaling $5 million or more.

The federal procurement information system provides accounting of information on 400-500 thousand contracts with a unit value of more than 25 thousand dollars and 17 million contracts with a low unit value, concluded annually by federal departments (totaling about 200 billion dollars). The Central Information System of Federal Procurement is a source of consolidated information on government procurement.

Openness and accessibility

Taking this information into account, the Central Information System annually prepares and publishes a report. Reports compiled according to the individual requests of any consumers are provided on a paid basis. If necessary, a specialist from Central information system will assist the client in developing the required report structure. The document preparation period is five to seven working days. The cost of a special search in the main data bank for one year is approximately $400, information for each additional year is another $100. Special reports, lists and mailings are transmitted both in paper form and on magnetic media. When making a special request, you must provide the following information:

• -time period for which research needs to be conducted ( fiscal year in the USA is calculated from October 1 to September 30);
• -data that the client needs to receive in the report (for example, the name of the contract executor, contract number and type, amount in dollars, etc.);
• - the structure on which the client wishes to receive information (for example, broken down by year, department, name of performer, combined options). Also, a separate indication is required if it is necessary to obtain the total amount in monetary form.

Electronic trading

The purpose of introducing electronic tenders in federal procurement is not only to automate routine processes of interaction between procurement authorities and potential contractors, but also to reduce the costs of performing procurement procedures and sharply reduce the time required to carry out these operations. The use of electronic tendering in federal procurement in the United States is currently relatively small compared to the extent of its use in business-to-business transactions. Electronic tenders are mainly used for procurement under simplified procedures for contracts worth up to $100 thousand. This is due to the overly strict regulation of federal procurement procedures, which fully satisfies the conditions for conducting them using paper documents, but creates certain difficulties when conducting procurement through electronic bidding Important conditions for the use of electronic trading are developed legislation in the field of regulation of the use of Internet technologies and communications, information security, as well as the availability of basic security standards for computer networks.

Information resources ensure the implementation of the above principles - publicity of the process of purchasing products for state (federal) needs, equality in the procurement process and open access to information on concluded contracts. In accordance with legal requirements, ensuring public open access to these resources is carried out through their publication on a single government portal. The electronic version of the Federal Register of Contracts is also posted on the Internet.

The main advantage of the American federal procurement information system is that it provides:

• -high efficiency and accuracy in providing Congress, the presidential administration, federal agencies and the private sector with data on the situation in the field of procurement contracts for government needs;
• - allows you to obtain information on federal procurement in various sections of interest to the user: by year, department, contractor, etc.

At the same time, the following disadvantages of the system are noted:

• -incomplete provision of data by individual federal departments;
• - insufficient activity in the use of information resources both on the part of government departments and on the part of the population;
• - insufficient information compatibility between parts of the system, etc.

• Lakeeva Elena Evgenievna, bachelor, student
• Vladivostok State University of Economics and Service

• FOREIGN EXPERIENCE
• GOVERNMENT ORDER
• GOVERNMENT PROCUREMENT
• GOVERNMENT PROCUREMENT SYSTEM

The article discusses the analysis of the use of public procurement systems foreign countries and the possibility of their use in Russia.

• Human resource development as a key factor in ensuring the economic security of an enterprise
• Efficiency of human resource management in the economic security system
• Anti-corruption practice: comparative analysis of domestic and foreign experience
• Development of agribusiness in the agro-industrial complex of the municipality
• Improving personnel motivation management in a road repair and construction enterprise

International experience can be useful for the successful functioning of the contract procurement system of the Russian Federation. Currently, in Russian and foreign scientific and methodological literature, a large number of different approaches are used in practice. Each country has its own organized public procurement system, coordinated by government bodies and operating on the basis of established legislation. Countries differ in that they have their own characteristics in the management of public procurement, control, in particular in calculating the contract price and measuring efficiency.

Features of national contract systems are the large-scale use of planning methods to meet government needs, price monitoring, databases of standard contracts, control mechanisms and procedures for assessing the results of their execution, and specialized information resources for managing contract systems.

In countries such as the USA and Great Britain, there are national contract systems that include well-established mechanisms for managing government orders in three main stages: planning, placement, execution.

In the countries of the European Union, procedures for placing government orders are regulated in detail, which are mandatory not only for EU member states, but also for states claiming the right to join the EU.

The US Federal Contract System (hereinafter referred to as the FCC) was created in 1921 and is one of the oldest contract systems. In the United States, the first law to regulate the federal government procurement system was passed in 1792. Modern mechanism US government procurement largely took shape by 1984, when a set of laws and regulations, collectively referred to as the Federal Acquisition Regulations, was adopted. The code of practice contains more than 1,000 pages and has 53 sections, each of which is devoted to a different aspect of procurement. The first six sections discuss general issues of government contracting, the next six are devoted to various provisions of procurement planning. The following sections discuss labor law issues related to government procurement, rules and procedures for monitoring the progress of contracts, and a library of standard contracts, which contains more than 100 detailed regulated government contracts.

The US FCC distinguishes between purchases made to carry out government programs and purchases of property and materials necessary for the functioning of the government apparatus. Significantly larger purchases are carried out to implement government programs provided for in the budget (weapons, construction of roads, etc.). These purchases are placed independently by ministries, agencies and a number of other departments on the arms, energy, etc. markets.

Procurement necessary to support the activities of all US federal departments is carried out by the General Services Administration (GSA). This state organization purchases centrally and stores materials and equipment in its warehouses, which are subsequently distributed among ministries and departments. In general, due to the fact that the AOU purchases products in large quantities through tenders, overall costs are significantly reduced compared to what it would be if each department purchased goods and services independently under small contracts or at retail.

The UK also has extensive experience in organizing public procurement. For example, a special procurement body ensuring the interests of the “crown” was created in 1833. The modern procurement system took shape in 1984, when the “Recommendations for Competitive Procurement” were adopted. In 1990, the “Central Procurement Organization” was created under the Treasury as the main methodological and control body.

Each UK ministry, unlike the US, has a contracting department that makes purchases independently to meet the general needs of other departments and territorial divisions. The Treasury, in turn, delegates the right to dispose of budget funds to line ministries (departments), while Treasury officials supervising this department accompany the planning, placement and execution of a government contract throughout its entire life cycle. In addition, a representative of the Treasury confirms expenses and provides management based on the principle of “value for money” - “adequate value for the money paid.”

The portal of the UK contract system contains an electronic library of standard contracts in the form of a service for the selection of government contracts. Currently, the library database contains more than 450 contract areas.

A rather specific organization of public procurement in Germany. Contractual relations are not separated into separate legislation, but are one of the aspects of antimonopoly legislation, the purpose of which is to ensure the impossibility of its violations both on the part of the customer and on the part of the participants in placing an order. In this regard, European procurement legislation borrowed from Germany the section of the law on the inadmissibility of restrictions on competition, as a principle of a market economy, regardless of the situation of the customer.

In conditions high level taxation, customers cannot allow taxpayers' funds to be spent inefficiently. The existing procedure in Germany clearly regulates the requirements of a procurement participant, excluding contractors who do not have a good reputation, sufficient work experience and appropriate qualifications.

It should be noted that the legislation minimizes not only budgetary risks, but also the likelihood of losses on the part of participants that may arise due to customer errors. The legal framework provides for the payment of compensation to participants for expenses incurred during preparation and during participation in competitive procedures as a result of errors and violations of the customer.

Many foreign countries have accumulated practical experience in managing the process of efficient spending of budget funds, including procurement activities. Public procurement legislation in different countries of the world has evolved with the peculiarities of legal systems and traditions. Because of this, there are noticeable differences in the structure of legislation, as well as differences in the ratio of laws (acts) in the total volume regulatory documents on the issue of procurement.

The experience of foreign countries in the field of public procurement is of great interest for the creation and implementation of new methods of organizing procurement in Russia, with their help economic and social programs countries, various sectors of the national economy are developing, the products of domestic producers are supported, and some social processes are regulated.

A model for building a future Russian public procurement system has now been created, which corresponds to world practices. However, using the experience of the USA and Germany and its implementation in Russia, one must remember about possible problems. For example, borrowing individual elements without interconnection and interdependence. Non-relationship reduces the efficiency of the entire public procurement system, makes certain provisions of legislation incomplete, and creates inconsistency between elements of the system.

As a result of studying foreign experience, the following can be noted:

• firstly, when developing a system of planning and legal regulation of public procurement in Russia, it is necessary to use both our accumulated experience and the experience of foreign countries;
• secondly, it is necessary to take into account the consequences of the practical application of the introduced methods, otherwise the ultimate goal of public procurement management will not be achieved - increasing the efficiency, proper execution and transparency of government orders.

Bibliography

1. Antonov V.I., Kiseleva O.V. Foreign experience in regulating the placement of state orders and the possibility of its use in Russian practice // Contemporary issues science and education. 2013. No. 3. P. 288.
2. Umetaliev A.S. Foreign experience in public procurement // Science, new technologies and innovations. 2013. No. 6. pp. 124–125.
3. Belinskaya M.P. Trends in legal regulation of public procurement. / M.P. Belinskaya. // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2014. - No. 1. – P. 349-351.
4. Eremin V.V. Development of the institution of regulation of public procurement in Russia / V.V. Eremin. // Young scientist. - 2014. - No. 20. - pp. 472-474.
5. World experience in government procurement. [ Electronic resource] //URL: http://bujet.ru/article/2895.php (date accessed 09/13/2018)