Considering and analyzing the whole range of problems that arise for specialists in state and municipal procurement in Russia, we often ask ourselves the question: 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 RAGS, Chairman of the Association of Public Procurement Experts

At the moment, there are several documents that are the legal framework for public procurement in different countries. Considering them, it is possible to identify the features of the legislation in the field of public procurement in these states.

UNCITRAL Model Law on Procurement of Goods (Works) and Services
The UNCITRAL Model Law “On Procurement of Goods (Works) and Services”, adopted in 1994 at the 27th session United Nations 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 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 openness and objectivity in public procurement. The law is recommended to apply 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 - keeping records of procurement in writing (reporting must reflect all significant measures taken by state customers in the course of tenders and other procurement methods), as well as public notification of both the intention of state customers to conclude government contracts, and and the signing of these contracts.
2. In terms of qualification - a clear regulation of possible requirements for the qualification of suppliers, the procedure and procedures for studying qualifications, as well as the procedure for conducting pre-qualification selection.
3. In terms of procedures - open tender as the main method of procurement; in addition to an open tender, a closed tender, 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; forwarding tender conditions to potential suppliers (tender documentation); preparation of bids, including amendments and clarifications; submission of bids; public procedure for opening bids; evaluation of applications; acceptance of applications and the entry into force of the supply agreement. The law also describes the procedures for other procurement methods, a rather detailed definition is given to the procurement procedures for 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 against the placement of a state order with the procuring entity, as well as in an administrative or judicial procedure.
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 countries of the CIS and Eastern Europe 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 (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 the 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 signing this document in the course of bilateral negotiations with the applicant countries as an indispensable condition. However, by May 2008, only 39 of the 152 WTO members had signed the Government Procurement Agreement.
The agreement should facilitate the opening of national public procurement markets and provide suppliers from countries that have signed this document with equal participation conditions with national suppliers. The objectives of this document are the development of international trade, the prohibition of discrimination against foreign suppliers, ensuring the 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 obtaining government orders. It is prohibited to establish technical requirements for purchased products that restrict international trade; technical requirements for purchased goods, works or services should be based on international standards.
The Agreement on Government Procurement defines three types of procedures for placing government orders: open, selective and limited. Procedures are open, in which any interested supplier of goods or services can submit an application. Selective procedures are considered to be those in which only suppliers who have received a relevant proposal from the procuring authority are entitled to submit an application. Limited procedures are actions in which the contracting authority contacts suppliers of goods or services on an individual basis, under strictly agreed terms.
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 public procurement on preferential terms;
publication of information on the conduct of tenders should be carried out, including in international publications in one of the official languages ​​of the WTO;
qualification requirements should be the same for all suppliers participating in procurement procedures;
when conducting tenders, the term for preparing bids should not be less than 40 days, in other cases - at least 25 days;
establishes requirements for the content of tender documentation (tender documentation);
the conditions for the submission and opening of competitive bids were determined, ensuring the observance of publicity and safety of proposals;
a number of other conditions were adopted to ensure competition and transparency in the public procurement process.

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

Simplified Acquisition Methods, which are not found in other countries, are used for small contracts (up to $100,000) and should not exceed $5 million per year in total. At the same time, a ban is imposed on the artificial splitting of the volume of purchases. Simplified methods include:
request for price quotations (Price Quotations);
the use of corporate purchasing plastic cards for especially small purchases - up to $ 2,500 (Governmentalwide Commercial Purchasing Card);
placing purchase orders (Purchase Orders);
the 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 for 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 purchases according to the profile of the work of a particular state body (primarily R&D and R&D, as well as capital investments).
Special government regulation is used to account for national defense and security purchases in the United States. This type of government order is placed on the basis of a special document - the Supplement to the Code of Public Procurement for the Needs of National Defense (Defense Federal Acquisition Regulation - Supplement, DFARS). These guidelines apply to the US Department of Defense and other agencies in the procurement of military-grade products only.
Issues of current support of 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, "single and standard" for all departments, regardless of their profile. Government customers are offered a choice of more than 4 million items of 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 the procurement procedures themselves. Thus, in 2002 GSA's expenditures on purchases amounted to 2.07% of the total expenditures on ongoing purchases, and in 2004 and 2005 they amounted to 2.07%. decreased to 1.75%.

Experience of the European Union
The significant share attributable to public procurement and the large number of member countries, determined by the different levels of development and capacity of the public sector, required a specific legislative approach to regulating the placement of public orders in the countries of the European Union. Today, the placement of government orders in the EU is regulated, depending on the volume and other conditions, by three levels of legislative regulation: international, EU legislation and national.
The EU's international procurement regulation primarily includes the requirements of the previously mentioned World Trade Organization Government Procurement Agreement. With regulation at the EU level, a number of legal acts are in force that provide uniform conditions for procurement for public needs. It should be noted that the period from 2004 to 2006 was a transition period, when two types of documents were operating in parallel - the "old" directives and the "new" directives replacing them.
Fundamental changes in the regulation of public procurement in the European Union are aimed at improving the regulatory framework and include:
. exclusion from the scope of the general legislation on public procurement of certain sectors of the economy that are traditionally natural monopolies (water supply, energy, transport and postal services);
the introduction of more flexible procurement procedures, in particular competitive negotiations, as well as the conclusion of framework agreements;
taking into account new forms of organization and conduct of business: concessions and other forms of partnership between the private and public sectors;
introduction of electronic procurement.
The EU considers public procurement as a tool not only to meet the current activities of public administration, but also to implement social policy. In particular, the communiqué "On European Community legislation in the field of public procurement and the use of public procurement for the conduct of social policy" states that when concluding contracts for the supply of products for state and public needs, social goals must be taken into account. 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 the implementation of the social approach in procurement are also indicated, including:
development of relevant technical specifications and contract terms, including requirements for working conditions;
the right choice of suppliers;
exclusion from the number of suppliers of those whose activities do not comply with the legislation in the field of social sphere;
use of additional social criteria when choosing suppliers.
The same document provides for the implementation of environmental policy when placing government orders:
development of relevant technical specifications;
the use of certain raw materials and materials;
use of specific technological processes;
selection of appropriate suppliers;
recommendations for evaluating proposals and choosing the best proposal, taking into account environmental requirements.
Procurement from countries within the European Union is still carried out by government bodies 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.

Experience of international financial institutions
Of considerable 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 to develop certain sectors of the economy in different countries or regions of the world. MFIs accumulate significant amounts of money (received from the contributions of participants, as well as through commercial activities - as a rule, the provision of resources is carried out on the principles of lending, that is, on a repayable basis).
paid basis) and implement major international commercial and non-commercial projects.
Since the projects are financed from the funds of international financial institutions, the rules for spending these funds, including the rules for conducting purchases, are established by the IFIs. In agreements with IFIs on the provision of credit resources, it is customary to refer to these rules. Since such agreements have an international status, the IFI procurement rules apply, rather than the national rules and procedures for the procurement of products for public needs.

Among the most famous MFIs are:
the World Bank (World Bank Group), which includes the International Bank for Reconstruction and Development (International Bank for Reconstruction and Development), the International Development Association (International Development Association) and a number of other structures;
European Bank for Reconstruction and Development (European Bank for Reconstruction and Development);
Asian Bank for Reconstruction and Development - for suppliers registered in Asia;
various 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, computers are needed to organize the activities of an office, pumps and treatment equipment are needed to modernize the city's water supply system, and construction work requires engineering supervision services.
Of all the currently existing MFIs in Russia, the World Bank and the European Bank for Reconstruction and Development are best known. According to the World Bank, by May 2008 there were 25 projects in our country for a total of about $10 billion financed by its funds.
The rules for the procurement of goods and works in projects financed by the World Bank are prescribed in the “Guidelines for Procurement under IBRD Loans and IDA Credits” (hereinafter referred to as the Guidelines) and provide for the following procurement methods:
international competitive bidding (International Competitive Bidding);
national competitive bidding (National Competitive Bidding);
international closed auctions (Limited International Bidding);
request for quotations (Shopping);
procurement from a single source (Direct Contracting).
The Guidelines clearly define the timing of individual procedures, the sequence of actions in the event of certain circumstances, the rights and obligations of the parties in any possible situation, and the most detailed description of the procedure for conducting international competitive bidding as the most complex method of procurement.
With the reduction in the volume of government borrowing in Russia, the European Bank for Reconstruction and Development (EBRD) is starting to play an increasingly important role, which provides funds not only to the government, but also to the non-state sector of the economy. In this regard, the EBRD's microcredit program for private businesses, including those without government guarantees, is of particular importance. Russia is the largest client of the EBRD (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 set out in a separate document - Procurement Rules for projects financed by the European Bank for Reconstruction and Development.
It can be said that the methods of procurement used by international financial institutions, as well as the rules for their selection and procedures within the framework of their projects, are in many respects similar to the rules and procedures described by the UNCITRAL Model Law on the Procurement of Goods (Works) and Services. Thus, the international community is actively using competitive technologies for concluding contracts for the supply of goods, performance of work and provision of services when spending public funds, whether it is taxpayers' funds (government procurements from developed countries of the world) or participants in international financial institutions (purchases under projects of the World Bank, EBRD etc.). The common understanding is that competitive procurement helps to reduce the cost of acquiring goods, works and services, provides greater efficiency in spending and reduces the level of corruption when placing orders at the expense of state or public funds.

World experience in organizing and regulating international tenders

1.Basic principles of foreign procurement

2.Preferences for national suppliers

.Organization of public procurement based on tenders in various countries

.Features of tender procedures in the projects of international organizations

1. Basic principles of foreign procurement

international tender procurement

The term “public procurement” is interpreted differently in almost every country. Usually, purchases at the expense of the state budget for ensuring the life and functioning of public authorities (stationery, office equipment, transport, etc.) and purchases for the purpose of ensuring the functions of the state (defense, security, healthcare, etc.) are usually divided. In any case, goods (works, services) purchased for the purpose of their further resale are excluded from the concept of "purchases for state needs".

The procurement practice that exists in the country is a good indicator of both the level of development of 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 Economy, in particular, through the formation of the budget, and specific procurements are carried out by specialized procurement structures (departments) . This is the structure of the UK public procurement system.

The main problem in the modern foreign practice of public procurement is the notorious "human factor", reflected in corruption and dishonesty. This is no longer about episodic bribery of officials, but the merging of government and business, as a result of which, along with competitive methods of choosing suppliers, lobbying has begun to play a very important role.

However, a well-developed regulatory framework and competent procurement administration may well reduce possible efficiency losses to a minimum - the lobby turns into only one of the choice factors that works in “ceteris paribus” circumstances.

Two important trends in global procurement practice should be noted. The first is the gradual decentralization of procurement, the second is a change in the priority of procurement 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 already an established system of basic principles, which include:

• transparency (sometimes called "transparency", English transparency) - openness and availability of information on procurement;
• 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 underpin the procurement laws of many countries. They have been enshrined in a number of international documents, in particular in the already mentioned Multilateral Agreement on Public Procurement within the WTO, and are the main principles of procurement.
• 2. Preferences for national suppliers
• One of the fundamental laws of the world economy says 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 public procurement. It is worth noting that this practice is gradually decreasing, largely due to the activities of international organizations such as the WTO. But it will most likely not be completely removed from it yet.
• In a number of countries, state regulation of international tender procedures is carried out in order to streamline the inflow of foreign entrepreneurial capital and protect the interests of local firms.
• In many developing and industrialized countries, the right of local firms to have priority in the price level, i.e. ceteris paribus, the winnings are awarded to a local firm even if its bid price is higher than the bid price of other foreign bidders. 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 are not allowed to bid if their proposals do not provide for the transfer of part of the contract to local firms. Sometimes foreign contractors are prohibited from importing equipment and materials, the production of which has been mastered by the local industry, a rule has been introduced for contracting facilities to triple the number of local personnel over foreign ones, and a list of works and services that a foreign contractor is obliged to transfer to local firms has been defined. In some countries, part of the government order is reserved for certain categories of providers, such as small businesses, organizations for the disabled, institutions in the penitentiary system, etc. Large contracts are deliberately broken down into smaller ones to facilitate access by national producers. In many states, the participation of foreign companies in tenders is possible only through local agents or partners (Egypt, Oman). To overcome such limitations and increase the chances of winning orders, foreign companies began to resort to the creation of 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 re-bidding is widely used to reduce prices. Along with the pricing policy, tender committees, when conducting contract bidding, have increasingly begun to use “loan competition” in the interests of customers, which makes it possible to force tenderers to assume obligations to participate in lending and even financing the costs of building facilities. Quite often the credit and financial conditions of tender offers are the decisive criterion in determining the winner of the tender. In modern conditions, less explicit methods of restrictions, such as customs duties and non-tariff measures (standards, certificates, licenses, etc.), are increasingly being used.
• Thus, it can be noted that most countries use various methods to restrict access to their markets for foreign competitors. However, as an exception, Germany can be cited, 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, however, procurement directly for government needs (ensuring the activities 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 the federal government in the United States is the prerogative of the General Services Administration (GSA). GSA organizes large-scale purchases based on applications from ministries and departments, using competitive procedures, primarily tenders. Purchased goods are then stored in GSA's warehouses and resold to customers at a wholesale price with a small percentage that is used to keep GSA running.
• Procurement for national defense needs is handled by the US Department of Defense. Specialized purchases are also carried out by some other departments.
• The legislative basis of the public 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 system of federal procurement and are distinguished by a very detailed study of the principles and procedures,
• The United States uses a fairly powerful mechanism of preferences and quotas for the participation of certain categories of suppliers in public procurement, including:
• small business;
• women-led businesses;
• enterprises with employees - representatives of national minorities (primarily - the indigenous population);
• business with attraction of 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, up to the level of a particular official.
• The purchases themselves fall within the prerogative of the sectoral ministries, and there are also specialized "sectoral" procurement services. Each ministry has a department of contract work.
• For example, National Health Service Supplies provides procurement and supplies to healthcare facilities at all levels (including rural hospitals) of all types of needed goods and services, from medical equipment to household gas and electricity.
• On the one hand, this makes it possible to avoid unnecessary expenses for the maintenance of a procurement specialist in each of the institutions, on the other hand, to save budget funds through competitions and wholesale deliveries.
• The legislative basis of British public procurement is the Procurement Policy Guidelines, as well as a number of other documents.
• Germany.The specifics of public procurement in Germany is the minimum separation of the rules for procurement by the state and commercial structures based on 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 Accounts Chamber and the relevant control and audit bodies of the federal lands.
• The public procurement system in Germany is based on three main regulatory documents:
• "Regulations on the state order for services" (VOL), parts "A" and "B" as amended. May 12, 1997;
• "Regulations on the state order for construction services" (VOB), parts "A" and "B", as amended. of July 3, 1996 (as well as the Law "On Amendments to the Law "On the Principles of Forming the Budget"" and "Regulations on the Placement of State Orders" as amended on February 22, 1994 and "Procedure for Checking Budget Execution" as amended by February 22, 1994); ?"Regulations on the state order for the services of persons of free professions" (VOF) of May 12, 1997
• State orders are placed on the basis of an open (mainly) or closed tender, and in exceptional cases without announcing a tender. At the same time, the procedures are somewhat different from the usual ones: for example, tender participants are not present at the opening of tender proposals.
• To attract small and medium-sized businesses to public procurement, German law provides for the division of large orders into lots, and in the case of non-competitive placement of orders, a mandatory rotation of suppliers.
• Starting from a certain volume of purchase, publication of a tender notice in the EU Procurement Bulletin is obligatory.
• Interestingly, German law prohibits giving preference to domestic providers.
• European Community.The public procurement market in the European Community (EU) is about 11% of the GDP of its member countries, of which 20% is for services, 45% for goods, 35% for work.
• The EU aims to create a single economic space governed by common rules, including in the field of public procurement. They are regulated by Directives that define the rules and procedures for the procurement of goods, works and services, which include:
• purchase 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;
• public procurement agreement - Government Procurement Agreement (GPA) and a number of others (97/52/EC, 89/665/EEC, 87/95/EEC).
• These directives are based on the principles:
• equal access to information about the planned purchase in all EU member states;
• lack of discrimination against participants from the member countries of the Union, including in technical specifications;
• ?using objective criteria for awarding a contract. Gradually, the national legislation of the member countries of the Union is being brought into line with the provisions of these documents.
• EU procurement rules are largely similar to recommended international instruments such as the UNCITRAL Model Public Procurement Law, although there are some important differences, in particular with regard to the set of procedures used in procurement.
• Despite many years of experience in public procurement, various violations occur periodically in Western Europe. Thus, in July 2002, the European Commission was forced to appeal to the European Court (Court of Justice) in connection with the discovery of deviations from the procurement rules in Greece, France, Italy and the UK. Among the violations are holding competitions without publishing an invitation in an official publication (Greece), awarding a contract without a competition (Greece, Italy), unjustified restrictions or preferences for certain categories of participants (France), non-use of public procurement legislation by semi-state enterprises (Great Britain).
• 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 at the scene of the crime - at the moment when they received money from representatives of construction companies that won a tender for the construction of a highway in the province of Lombardy in the north of the country with their help.
• Ukraine.Procurement of goods, works and services for state needs in Ukraine is regulated by the Law “On the Procurement of Goods, Works and Services for State Funds” No. 1490-Sh 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 duration of the auction. Usually it is set within 45 calendar days from the date of publication of the announcement of the auction. 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 works). Special benefits apply to the Ukrainian Society of the Blind and Deaf, the Union of Organizations of the Disabled and enterprises of the penitentiary system (colonies, 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 - the tendering regulations provide for a level of preferences of 5-10%.
• Another important feature is the high cost of tender documentation (from 1,000 to 2,000 US dollars). At the same time, any interested supplier has the right to preview it free of charge.
• The tender announcement is published in the official media in Spanish 30-60 days before the tender.
• The principles of public procurement, developed by the world community, are being actively introduced into the practice of Eastern European countries, as well as states that have 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 controlling functions. The legislative base is formed by the public procurement law (usually based on the UNCITRAL model draft) and a number of by-laws, and information on procurement is disseminated through a special national publication.
• Russia.The share of public procurement in the Russian Federation is about 40% of the budget expenditures.
• Competitive mechanisms, which are most effective just for large purchases, can not only reduce the cost of the products needed by the customer, but also increase the transparency and controllability of the procurement process and, as a result, reduce the level of corruption. The last task in Russian conditions, unfortunately, is very relevant. According to various estimates, from 70 to 90% of public procurements are carried out with various kinds of violations. In fairness, we note that not all violations are the result of the malice of buyers, sometimes the conflicting requirements of various legislative acts are almost impossible to fulfill.
• The public procurement system in Russia is still in its infancy. Inconsistency, and often the absence of legal regulation, insufficient qualifications of specialists responsible for conducting procurement, a high level of corruption - all these circumstances reduce the effectiveness of ongoing procurement and serve as a source of distrust on the part of suppliers. However, there are positive developments: the share of objective purchases is slowly but surely growing.
• According to the estimates of the Ministry of Economic Development and Trade of the Russian Federation, in 2003 the reduction in budget spending through the use of competitive procurement methods is 42 billion rubles. (8.6%).
• The basis of legislative regulation of the public procurement system are:
• the Constitution of the Russian Federation;
• Civil Code of the Russian Federation;
• 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 state needs” (the law is discriminatory in nature, limiting the participation in auctions of all subjects of the sphere of circulation and foreign companies) ;
• Regulations on the organization of the procurement of goods, works and services for state needs, approved. 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 procurement of products for state needs."

There are a number of federal laws and dozens of normative legal acts of ministries and departments (Appendix 6), as well as very diverse regional legislation. We note right away that there is a fairly clear hierarchy of their application, and if the lower in the hierarchical ladder contradicts the higher, the regulation proposed by the higher should be applied.

Features of tender procedures in the 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 under World Bank projects.Every year the World Bank allocates about 20-25 billion dollars for various projects around the world. Most of these funds are spent on the purchase of goods, consulting services and construction works. To achieve the goals of the projects, about 40 thousand contracts with commercial structures are concluded annually. Moreover, the amounts of contracts vary from several thousand to several tens of millions of dollars.

Regardless of the country where the project is being implemented, the methods and rules for conducting procurement for World Bank projects remain unchanged and are quite clearly regulated on the basis of competitive procedures set forth in the relevant regulatory and methodological documents, for example, for the World Bank - in the procurement manuals: “Guidelines. Procurement under IBRD Loans and MAP Credits” and “Guidance. Use of consultants by World Bank borrowers and the World Bank as an executing body”.

The main way to procure goods and works under World Bank projects is International Competitive Bidding (ICB, ICB) - a procedure for concluding a contract for the supply of goods or contract work under conditions previously announced in the tender documentation, within a specified time frame on the principles of competitiveness, fairness and efficiency. The announcement of the ICB is published in the official publication "Development Business" and in the national newspapers of the country where the project is being implemented.

ICBs for complex projects can be conducted with prequalification as well as using a two-stage procedure.

For IBRD projects involving ICB procurement (and such projects are the vast majority), the 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 purchases under the ICB, the name and address of the borrower's institution responsible for the purchases.

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

Bidding documents contain all the information necessary for the preparation of a bid. As a rule, the tender package includes:

§ invitation to participate in the auction;

§ instructions for bidders;

§ tender offer form;

§ the form of the contract;

§ general and special conditions of the contract;

§ specifications and drawings;

§ list of goods or scope of work;

§ delivery time and completion schedule;

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

The criteria for evaluating bids and determining winners are usually fairly clear 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 minimal changes are possible, and strictly in agreement with the Bank. It should be noted that such changes are made only to the appendices containing the technical conditions of the tender, or to the special conditions of the contract. Changes to other documents are prohibited.

In accordance with the Procurement Guidelines, the bidding documents specify all criteria, other than price, that will be taken into account in the evaluation of proposals, as well as methods for assessing these criteria, in quantitative or other terms.

Where alternative bids are allowed, the eligibility conditions and evaluation methods are clearly and unambiguously stated in the bidding documents.

State-owned enterprises may only bid if they can demonstrate that they have legal and financial independence and operate under 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 (on average - five) or "for life". The list of "disqualified firms" can be found online on the World Bank website at: #"justify"> Also, firms from countries that are not members of the Bank, as well as subject to UN Security Council sanctions, are not allowed to participate in tenders.

The World Bank prohibits the participation in tenders of companies that have direct or indirect ability to influence the outcome of the tender.

Procurement under projects of the European Bank for Reconstruction and Development.The European Bank for Reconstruction and Development (EBRD) is an international organization focused on helping countries in 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. The exceptions are companies found to be corrupt or fraudulent, as well as firms from countries subject to sanctions imposed by the UN Security Council (for example, North Korea).

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 operations of the Bank);

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

.procurement of consultant services;

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

.and services (briefly describes the mechanism of control by the Bank).

Compared to the World Bank procurement guidelines and even Russian public procurement legislation, this document appears to be quite general, describing the procurement mechanism without much detail. At the same time, the principles for organizing procurement on key points do not differ much from the principles of the World Bank.

Introduction

Procurement, or, figuratively speaking, "the art of purchasing", the doctrine is not at all as young as it might seem. As in military affairs, weapons and armor developed in confrontation over the centuries, so in the business sphere, sellers and buyers competed. Moreover, the stronger market relations developed, the more important the role of the seller became. It is no coincidence that in the lists of the best-selling business books and popular training seminars, the topic of effective sales - "the art of selling" - is one of the leading ones. However, in order to maximize profits, it is important not only to sell products at a higher price, but also to incur the lowest possible costs for its manufacture or purchase. Indeed, sometimes it is not so easy to get exactly what you need, and on optimal conditions. (four)

An analysis of the world experience in using various procurement procedures shows that one of the most effective forms of organizing large-scale purchases of goods and services is to hold 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 in the modern world the public procurement system has naturally become 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: the International Bank for Reconstruction and Development and the Caribbean Development Bank. We are faced with the following tasks:

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

2. get to know their activities in more detail;

3. identify similarities and differences in the ways and methods of granting 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 purchases themselves, carried out according to these rules.

Public Procurement in the Modern World Market

1.1 Essence, subject and role of procurement in the global economy

The public procurement market is an essential element of the socio-economic development of the country, and the system of public orders 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 at the expense of the state budget to ensure the life and functioning of public authorities. At the same time, purchases of goods (works, services) purchased for the purpose of their further resale are excluded from the concept of "purchases for state needs".

Procurement is the acquisition by any means of goods, works or services. A procuring entity may be any government department, agency, body, or other entity, or any subdivision thereof, which is engaged in procurement in a given State (also, the State enacting this Law may include in this list other entities 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 fulfill its functions:

1. protection (MIC),

2. food security (AIC),

3. energy security (TEK),

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

5. protection and conservation of natural resources.

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

Public procurement is an investment. Through the mechanism of public procurement, the problem of attracting resources for accelerated economic growth and social development is solved. At the same time, it is important to take into account that for sustainable and harmonious socio-economic development, not only economic growth rates are important, but also the creation of conditions for solving such important tasks as:

achievement of social and technological homogeneity of the economic space of the country,

reduction in the differentiation of living standards by 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 the perfect mechanism of public procurement that these tasks can be solved most effectively. More than 200 years of experience in the development of the Federal Contract System in the United States testifies in favor of this.

What is the subject of public procurement?

According to the classification proposed by UNCITRAL, it is customary to subdivide the items of procurement into goods, works and services. "Goods" generally refers to items of any kind and description, including raw materials, products, equipment and items in solid, liquid or gaseous state, electrical energy, as well as services associated with the supply of goods, if the value of such associated services does not exceed the value of the services themselves. goods. "Works" means any activity related to the construction, renovation, 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 works, satellite imagery, seismic surveys and similar services, if their cost does not exceed the cost of the construction itself. “Services” means any item of procurement other than goods and works.

Speaking of procurement, we should not forget about such an important element as procurement (procurement) - a set of methods that make it possible to most effectively meet the needs of the customer in goods, works and services. Procurement is an interconnected system that includes:

Procurement planning;

Determining the feasibility of the proposed purchase;

regulation of purchases;

· carrying out purchases;

Procurement control.

In foreign procurement practice, there is a well-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 choice of a counterparty should be carried out on the principles of competitiveness;

4. equality and justice - non-discrimination;

5. efficiency - the maximum economic benefit in achieving the result;

6. validity - the purchase of the products that are really needed and best meet the real needs of the customer.

These principles are the basis for legislation in many countries, and have been enshrined in a number of international documents, in particular, in the Multilateral Agreement on Public Procurement within the framework of the World Trade Organization. And all because the issues of regulation of public procurement around the world are the object of close attention on the part of 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 of parties that arise in international trade.

1.2 Organization of procurement of goods and services. Legal framework

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

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

2. purchases based on negotiations with several potential suppliers,

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

4. Purchasing from a single source.

Competitive procedures are the most widely used, because they make it possible to ensure equal conditions for 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 tradition 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 the laws of individual countries and are fixed 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 laws of individual countries are due to the priorities of the economic policy of a particular state. The procurement practice that exists in the country is 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, there is a clarification, concretization of international provisions, taking into account the peculiarities of the economic policy of the state. Sectoral normative acts are issued that allow, 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 inflow of foreign entrepreneurial capital and protect the interests of local firms. For example, the law establishes the right of local companies to have priority in the price level, i.e., all other things being equal, the prize is awarded to a local supplier, even if the price offered by him is higher than that of foreign participants. Price "handicap" 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 bid, a list of works and services that a foreign contractor is obliged to transfer to local firms is defined. In many states, the 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 industry, there is a rule of three times the number of local personnel over foreign ones for contracted objects. In some countries, part of the government order is reserved for certain categories of suppliers, such as small businesses, organizations of the disabled, institutions of the penitentiary system, etc. Large contracts are deliberately broken down into smaller ones to facilitate access for national producers. To overcome such limitations and increase the chances of winning orders, foreign companies began to resort to the creation of 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 Enactment Guide. The UNCITRAL Model Law "On 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 in procurement 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 goals:

Ensuring maximum cost-effectiveness and efficiency of procurement;

· expanding and stimulating the participation of suppliers (contractors) in procurement, regardless of nationality, which serves to develop 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 the objectivity and impartiality of the procurement process and public confidence in it;

· Ensuring openness of procurement procedures.

This document deals with out-of-competition placement of orders, competitive placement of orders with a limited number of participants, using quotations, features of purchasing goods from a single source, etc. It also provides typical requirements for organizing the attraction of competitive bids and applications for prequalification. The procedure for providing and standard requirements for the composition of the tender documentation is considered. The law regulates the procedure and criteria for evaluating proposals. The procuring entity shall establish criteria for evaluating proposals and shall determine the relative importance of each such criterion and the manner in which they shall be applied. Winner selection procedures may include: selection without negotiations (only according to established evaluation criteria); selection through simultaneous negotiations; selection by way of negotiation.

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

To confirm or refute this statement, let's take a closer look at such financial institutions as the International Bank for Reconstruction and Development and the Caribbean Development Bank.

One of the main tasks of the development of the public procurement system in Russia is the creation of a unified electronic system of state orders. And if Russian specialists are only taking the first steps towards the implementation of this idea, then in the United States and the countries of the European Union, high technologies have long been used.

American public procurement

Abroad, the greatest experience in information support of public procurement has been accumulated in the United States of America. The first law to regulate the federal public procurement system was passed in the United States in 1792, according to which the powers in the field of public procurement were given to the Treasury and Defense Departments.

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

Currently, procurement for the needs of the federal government in the United States is the prerogative of the General Services Administration - General Services Administration (OSA). On the basis of applications from ministries and departments, UOU organizes large-scale purchases using competitive procedures, primarily tenders. The goods are stored in the warehouses of the UOU and resold to customers at a wholesale price with a small percentage withheld, which serves to ensure the life of the UOU. Procurement for the needs of national defense is carried out by the US Department of Defense. Specialized procurement is also carried out by some other agencies, 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 inter-ministerial coordination in the field of procurement policy is carried out by the Federal Acquisition Regulatory Council. The legislative basis of the public 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 system of federal procurement and are distinguished by a very detailed study 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 that fall within the competence of the relevant executive authorities at the federal level. The second is special legislation responsible for the procedures and forms of contracts, as well as information support for procurement processes and analysis of their results.

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

• - achieving justice, that is, providing conditions for the equal participation of contractors in competition for government orders;
• - observance of honesty and the fight against corruption in public procurement;
• - economy and efficiency, that is, ensuring the purchase of goods and services of the required quality at the lowest possible prices with minimal procurement costs.

Electronic technology

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

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

• - a complete list of reporting and non-reporting departments;
• - necessary instructions for data collection nodes in each department;
• - explanations (what data are required and how often they need to be submitted).

In 1994, the US legislation was subjected to a major revision as insufficiently reflecting the increased role of procurement of products for government needs. The result of the audit was the emergence of a law on the improvement of federal acquisitions, which led to 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 methods of conducting purchases for the needs of the state. The law significantly simplified the contract procedure for small purchases and, in parallel, supported e-commerce. The term "electronic commerce" in this case refers to electronic technologies for the provision of business activities, including e-mail, the Internet, electronic bulletin boards, payment cards, money transfer, virtual data exchange, etc.

The new law was to abolish paperwork and record keeping, as required by numerous policies and procedures, for contract purchases under $100,000, allowing simplified procurement procedures to apply to 45,000 transactions worth $3 billion dollars annually.

Today, every federal agency in America is required to build and maintain a computer database containing unclassified information on all contracts worth more than $25,000 per unit over the past five financial years. All departments must send this information to the Central Information System of Federal Procurement. To provide information on contracts, federal departments use standard forms of documents and unified data formats. In addition to the list provided, agencies must have electronically identified subcontracts for contracts totaling $5 million or more.

The Federal Procurement Information System provides information on 400-500 thousand contracts with a single value of more than 25 thousand dollars and 17 million contracts of small unit value annually concluded by federal departments (for a total amount of about 200 billion dollars). The Central Information System of Federal Procurement is a source of consolidated information on public procurement.

Openness and accessibility

Based on this information, the Central Information System annually prepares and publishes a report. On a paid basis, reports are provided, compiled according to the individual requests of any consumers. If necessary, the specialist of the Central Information System will assist the client in developing the required structure of the report. The term for preparing the document is five to seven business days. The cost of a special search in the main databank for one year is approximately $400, information for each additional year is another $100. Special reports, lists and mailing lists are transmitted both in paper form and on magnetic media. When making a special request, the following information is required:

• - the period of time for which it is necessary to conduct research (the financial year in the United States is calculated from October 1 to September 30);
• - data that the client needs to receive in the report (for example, the name of the contractor of the contract, the number and type of contract, the amount in dollars, etc.);
• - the structure on which the client wishes to receive information (for example, broken down by years, departments, names of performers, combined options). Also, a separate indication is required if it is necessary to obtain the total amount in the value form.

Electronic trading

The purpose of introducing electronic trading in federal procurement is not only to automate the routine processes of interaction between procurement authorities and potential contractors, but also to reduce the cost of performing procurement procedures and a sharp reduction in the timing of these operations. The use of electronic trading in federal procurement in the United States is currently relatively small compared to its use in business-to-business transactions. Electronic auctions are mainly used for purchases under simplified procedures under contracts worth up to $100,000. This is due to the excessively strict regulation of federal procurement procedures, which fully satisfies the conditions for conducting them using paper documents, but creates certain difficulties when conducting purchases through electronic trades. Important conditions for the use of electronic trading are developed legislation in the field of regulating the use of Internet technologies and means of communication, information protection, as well as the availability of basic security standards for computer networks.

Information resources ensure the implementation of the above principles - the publicity of the procurement process for products for state (federal) needs, equality in the procurement process and open access to information on concluded contracts. In accordance with the requirements of the legislation, providing public open access to these resources is carried out by publishing them on a single government portal. The electronic version of the Federal Register of Contracts is also available 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 departments and the private sector with data on the state of public procurement contracts;
• - allows you to get information on federal procurement in various sections of interest to the user: by years, departments, contractors, etc.

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

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

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

• OVERSEAS EXPERIENCE
• GOVERNMENT ORDER
• STATE PROCUREMENTS
• PUBLIC PROCUREMENT SYSTEM

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

• Human resource development as a key factor in ensuring the economic security of an enterprise
• Efficiency of Human Resource Management in the System of Economic Security
• The practice of anti-corruption activities: a comparative analysis of domestic and foreign experience
• Development of agribusiness in the agro-industrial complex of the municipality
• Improving the management of personnel motivation in a road repair and construction enterprise

For the successful functioning of the contract procurement system of the Russian Federation, international experience can be useful. At present, a large number of different approaches are used in practice in Russian and foreign scientific and methodological literature. Each country has its own organized public procurement system, coordinated by government bodies and functioning 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 the calculation of the contract price and performance measurement.

The features of national contract systems are considered to be the large-scale use of planning methods to meet state needs, price monitoring, databases of standard contracts, control mechanisms and procedures for evaluating the results of their execution, specialized information resources for managing contract systems.

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

In the countries of the European Union, the procedures for placing state 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 established in 1921 and is one of the oldest contract systems. In the United States, the first law to regulate the system of federal government purchases was passed in 1792. The modern mechanism of public procurement in the United States was mainly formed by 1984, when a set of legislative and by-laws was adopted, collectively referred to as the “Rules for Procurement for Federal Needs”. The set of rules contains more than 1000 pages and has 53 sections, each of which is devoted to a separate aspect of procurement. The first six sections deal with general issues of public contracting, the next six are devoted to various provisions of procurement planning. The following sections deal with issues of labor law for public procurement, rules and procedures for monitoring the progress of contracts, a library of model contracts, which contains more than 100 detailed government contracts.

The US FCC distinguishes between purchases made for the implementation of government programs and purchases of property and materials necessary for the functioning of the state apparatus. Significantly larger volumes of purchases are made for the implementation of state programs provided for by the budget (weapons, construction of roads, etc.). These purchases are placed by ministries, agencies and a number of other departments independently on the market for weapons, energy, etc.

Procurement necessary to support the operations of all US federal agencies is handled by the General Services Administration (GSA). This state organization centrally purchases 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 buys products in large quantities through tenders, the overall costs are significantly reduced compared to how each agency would purchase 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 that ensures the interests of the "crown" was created in 1833. In its present form, the procurement system took shape in 1984, when the "Recommendations on Competitive Purchases" were adopted. In 1990, the "Central Procurement Organization" was established under the Treasury as the main methodological and supervisory body.

Each ministry in the UK, unlike the US, has a department of contract work, which makes purchases independently to meet the general needs of other departments and territorial divisions. The Treasury, in turn, delegates the right to dispose of budgetary funds to sectoral ministries (departments), while the Treasury officials in charge of this department accompany the planning, placement and execution of the state contract throughout its entire life cycle. In addition, the Treasury representative confirms expenditures and provides guidance based on the principle of "value for money" - "adequate value for the money paid".

The portal of the UK contract system hosts 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 directions.

A rather specific organization of public procurement in Germany. Contractual relations are not singled out in separate legislation, but are one of the aspects of antimonopoly legislation, the purpose of which is to provide for the impossibility of its violation by both the customer and the participants in placing an order. In this regard, European procurement legislation borrowed from Germany the section of the law on the inadmissibility of restricting competition, as a principle of a market economy, regardless of the position of the customer.

In conditions of high level of taxation, customers cannot allow inefficient spending of taxpayers' funds. The existing procedure in Germany clearly regulates the requirements of the bidder, not allowing contractors who do not have a good reputation, sufficient work experience and relevant 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 the preparation and 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 budgetary funds, including procurement activities. Public procurement legislation in different countries of the world has developed 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 of 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, the country's economic and social programs are carried out, various sectors of the national economy are developed, domestic products are supported, and some social processes are also regulated.

Now a model has been created for building the future Russian public procurement system, which corresponds to world practices. However, using the experience of the United States and Germany and its implementation in Russia, one must be aware of possible problems. For example, borrowing individual elements without interconnection and interdependence. Lack of interconnection reduces the efficiency of the entire public procurement system, makes certain provisions of the legislation incomplete, and creates inconsistency between the elements of the system.

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

• firstly, in developing the 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 implemented methods, otherwise the ultimate goal of public procurement management will not be achieved - increasing the efficiency, proper execution and transparency of public orders.

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