Did you know that the Danish Government is served by a law firm, the contract with which was concluded without public tender? And about the fact that in Estonia, from September 1, 2017, it is impossible to purchase services for representing interests in court? Do you know that in the USA, unmotivated termination of a contract at the initiative of the customer is possible only in the interests of the Government? Read about the peculiarities of purchasing abroad in our material.

CIS countries

The CIS countries are of least interest from the point of view of legal procurement. For example, Ukraine, Belarus and Kazakhstan have specific procurement laws, but their rules are very similar to those in Russia. In addition, in 2011, the President of the Russian Federation signed the Federal Law “On the Ratification of the Agreement on State (Municipal) Procurement,” which establishes uniform procurement rules in Russia, Belarus and Kazakhstan. Like us, information about purchases in these countries is published on a special resource on the Internet. The cases in which purchases can be made from a single contractor are also the same. In addition, there is a unified list of services, the procurement of which is carried out through electronic auctions.

USA

In the United States, procurement is regulated by a number of acts called the Federal Acquisition Regulations (FAR). It specifies the general principles of procurement, requirements for order and procedure. Director of Legal Services at Ernst & Young in the CIS Alexey Statsenko said that in the United States, procurement of legal services is carried out using tender procedures, but with some peculiarities. “In the USA, at the initiative of the customer, unmotivated termination of a contract is possible only in the interests of the Government. As a rule, it is followed by a settlement agreement concluded between the contractor and the customer. In addition, in America, a procurement participant may have much more opportunities to discuss and change the terms of the template contract contained in the tender documents. This allows, without changing the commercial terms of the purchase, to include in the contract specific conditions characteristic of the purchase of legal services,” explained Statsenko.

Experts studying foreign experience in the field of procurement note that in the United States, the public procurement system is an effective tool of public administration, especially the management of budgetary funds. This form of management technology is often called “procurement,” that is, a set of practical methods and techniques that make it possible to maximize the interests of the customer during procurement.

In order to achieve the effectiveness of government procurement in the United States, special attention is paid to the planning stage, during which the procurement forecast is determined and an individual procurement plan is established. In the USA, they proceed from the fact that without proper organization of this (initial) stage it is impossible to talk about the effectiveness of procurement activities as a whole.

Another feature of procurement in the United States is the presence of special civil servants - contract officers who, on the basis of issued certificates, have the right to take part in various stages of government procurement from the stage of their placement to the implementation of the contract.

What is noteworthy is that in the United States, one of the main methods of placing government orders is direct negotiations, followed by open and closed tenders in popularity. It is believed that within the framework of such a procedure, the contract officer is best able to evaluate the candidacies of potential performers and select the most optimal one both in terms of professionalism and contract price.

European Union

The system of legal regulation of public procurement in the European Union is three-level - these are international norms, EU legislation, as well as national legislation of individual countries.

Thus, all EU countries, when conducting procurement, rely on EU Directive 2004/18/EC and 2004/17/EC. It applies to both government agencies and private companies. According to this directive, if the contract value exceeds a certain threshold, a public tender must be held.

However, almost every European country has national procurement legislation. In the Czech Republic, for example, this is Act No. 137/2006 on tender procurement and Act No. 139/2006 on concessions, in Spain - the Law on Public Contracts 3/2011, in France - the Code of Public Procurement and the Code of Public Markets, in Lithuania - the Law on public procurement and public goods procurement law. All these laws are very different from each other, so procurement of legal services in Europe is of the greatest interest.

If we talk about procurement methods in the EU, they are varied: open and closed tenders, requests for quotations, sole source procurement, requests for proposals and competitive negotiations.

For carrying out legal procurement through a tender, a special minimum threshold has been established in the European Union, and it is different in all countries. For example, in Romania it is €28,000 for all companies, in Italy - €40,000, in Lithuania - €58,000, in Austria - €135,000. There are other differences. In Italy, legal procurements are carried out under conditions of particular urgency. In the Czech Republic, there is a simplified procedure for this type of procurement. Thus, the customer has the right not to use public procurement for:

• legal services for representation of interests in trials, administrative proceedings before courts, arbitration courts (arbitration) and administrative bodies, including before international judicial bodies;
• legal services provided in preparation for participation in the processes specified above, or if the circumstances allow us to come to the conclusion that the case will be considered in the course of the specified processes.

In the Czech Republic, public contracts, in terms of expected volume, can be divided into those above a certain threshold, below a certain threshold and small-scale projects.

In Italy and Spain, legal procurements most often take place on the basis of open tender proposals. In France, it is not necessary to hold a tender when purchasing legal services, but large players are happy to take advantage of this opportunity. In Ireland, consultants submit electronic requests for services, which are selected based on the size and qualifications of the team, the cost of their services, the level of professional indemnity insurance, and the availability of a certificate of no indebtedness.

In Denmark, procurement of legal services is carried out only by private companies - the Government is served by the law firm "Kammeradvokaten" on the basis of a contract without public tenders. But in Estonia, from September 1, 2017, it is impossible to purchase services for representing interests in court - the procedure has been completely abolished at the legislative level.

Purchasing legal services is popular both in Russia and in other countries. “At the same time, foreign procurement regulation often appears to be more flexible compared to Russian legislation, for example, in terms of the possibility of agreeing on procurement conditions, as well as terminating and amending a contract,” concluded Statsenko.

“Russian procurement legislation generally meets the main global trends. Therefore, in order to increase the transparency and efficiency of procurement in Russia, one should not abuse amendments to the current legislation, including by borrowing new legal structures from the experience of foreign countries in private procurement issues. The main thing now is to achieve efficiency in procurement activities by implementing existing standards. This requires the construction of a transparent monitoring and control system, and this applies not only to procurement under 44-FZ, but also under 223-FZ. It is in this direction that we should move,” he believes Irina Mostovaya, partner of the law firm "NAFKO-Consultants".

International experience in regulation and procurement organization can certainly be useful. Moreover, experience not only in conducting procurement, but also in planning it and monitoring compliance with legal provisions. These stages are given special attention in the United States and the European Union, as they provide an opportunity to evaluate the effectiveness of government procurement.

However, experts express different opinions regarding the need to actively use the experience of foreign countries in key issues of legal regulation of procurement in national legislation.

“When talking about the general principle of procurement transparency, it is necessary not to forget about maintaining a delicate balance between stimulating healthy competition and avoiding uncertainty (uncertainty) in the service provider. Here it would be useful to analyze the experience of the United States, where one of the main methods of public procurement is not open procedures, but direct negotiations between the customer and pre-selected potential contractors and closed tenders. However, when turning to foreign experience, it is necessary not to forget about Russian realities, comments Irina Mostovaya. - That is why, within the framework of rule-making activities in the field of procurement, special attention must be paid to such issues as clear legal regulation of various types of tender procedures, prevention of abuses at all stages of procurement, as well as a real increase in responsibility for violations for both tender organizers and participants. Thus, it is necessary to fight not against procurement from a single source as such, especially since, as the experience of America shows, this is often justified and can work perfectly well, but to create a procurement system in which the choice of the procurement method will be justified, and the procurement itself will be carried out strictly in accordance with current legislation. But if violations are committed, then there must be real and tangible responsibility, and not a fiction in the form of a formal decision to establish the fact of a violation, which in fact cannot be enforced, since the goods have already been delivered or the service has been provided.”

“In Russia, the legislator has applied a universal approach to government and corporate procurement, regardless of the subject of procurement (it is only allowed to change the requirements and criteria for a specific procurement), - believes Artem Gogolev, head of the planning and procurement department of VOSTEK JSC.“As foreign procurement experience shows, especially in the countries of the European Union, where one of the main conditions for the customer is the figure of the contractor, it may be worth thinking about diversifying the current Russian procurement legislation depending on the subject of the customer’s needs, in particular, in relation to legal services.”

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. Usually, purchases from the state budget are divided into ensuring the life and functioning of government bodies (stationery, office equipment, transport, etc.) and purchases 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 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 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, government 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.
• 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 system. procurement 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 state orders for construction services” (VOB), parts “A” and “B” as amended. 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 the state order for the services of persons 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 - the 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. The 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 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 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. Decree of the President of the Russian Federation of April 8, 1997 No. 305 “On priority measures to prevent corruption and reduce budget expenses when organizing the purchase of products for state needs.”

There are a number of 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 around the world. 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 terms and conditions of the 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, to which minimal changes can be made, strictly in agreement with the Bank. It should be noted that such changes are made only to the annexes 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 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-owned enterprises can only participate in tenders 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 helping 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 organizing procurement on key points differ little from the principles of the World Bank.

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

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

The article examines the analysis of the use 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 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 include 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. The modern mechanism of US government procurement basically took shape by 1984, when a set of legislative and regulatory acts, collectively referred to as the “Federal Acquisition Rules,” 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 government 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 of high 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 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 implemented, various sectors of the national economy are developed, the products of domestic manufacturers 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 // Modern problems of 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 (access date 09/13/2018)

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

Reference
The American Federal Procurement Information System has data on government procurement from 1979 to the present.

Openness and accessibility
Data contained in the Federal Acquisition Information System is used as the basis for periodic and ad hoc reports to the President, Congress, and the Office of the Budget, and is also made available to federal agencies, the business community, and the public.
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 Central Information System specialist 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:
– the period of time for which the research needs to be conducted (the fiscal 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 contract executor, contract number and type, dollar amount, 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 bidding 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 of providing Congress, the presidential administration, federal agencies and the private sector with data on the situation in the field of contracts for procurement 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.

Reference
In the United States, the Central Federal Information Center operates as part of the federal contract system, where several million new documents are received annually.

European public procurement system
The US experience was also used to create a unified procurement system for the European Union. A unified system of supranational legislation has been created in the European Union countries. Its main goals are:
– optimization of procurement for government needs while minimizing costs;
– ensuring equal conditions of competition when concluding a contract, including ensuring equal competition in national markets and in the EU market in general;
– compliance with publicity requirements;
– promoting honest and open business;
– assistance to small and medium-sized enterprises in obtaining government orders.
American experience was also used in the development in the European Union of procedures, methods and methods for conducting procurement for government needs, and the foundations for building their information support. Similar work in Europe began later, and the creation of supranational legislation on these issues is a more complex problem here due to the existing differences in the legislation of countries within the European Union.
The main information resources supporting the procurement process and containing information on concluded contracts of member countries of the European Union include all information that relates to procurement proposals and must be published in the Official Journal of the EU. The paper version of this publication was discontinued in 1998; The Tender Electronics Daily (TED) electronic database is now official. The TED database is available on CD-ROM and is accessible via the Internet. It is updated daily with 500–750 new advertisements and also contains some information about concluded contracts. More complete data on contracts and suppliers is presented in the national information systems of countries belonging to the European Union; in addition, there are more than 200 information centers that provide reference and consulting services to participants in public procurement.

European public procurement models
In EU countries there are two dominant models for organizing procurement activities: distributed (decentralized) and centralized.
With a distributed model, each division of the company (departments, ministries, etc.) carries out the procurement necessary to meet its needs independently. For this purpose, specialized purchasing departments or other units similar in function are created within its structure.
The centralized model provides for the creation of a kind of purchasing center, where purchase requests from departments are collected. In the case of the maximum level of centralization, a special department is formed that is responsible for all government procurement, or a corresponding procurement department for a large company.
The pros and cons of both schemes are obvious: the distributed model is very flexible, but more expensive. In turn, the centralized model, which ensures low prices through large wholesale purchases, is less mobile and does not always take into account all the nuances in applications for the purchase of necessary goods and services. Both models described have long been used throughout the civilized world. Thus, in the UK they are the prerogative of the State Treasury (Her Majesty’s Treasury).
In the EU, the most effective is a 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 precisely the structure of the public procurement system in the UK, where, in addition to the main coordinating department - the Treasury - there are specialized sectoral purchasing services, such as the National Health Service Supplies (purchasing service for the national health care system).
An analysis of global experience in applying various procurement procedures shows that one of the most effective forms of organizing large purchases of goods and services is holding open competitions (tenders).

Tenders
Tenders form the basis of public procurement in the vast majority of developed countries. Procurement rules, the main method of which are competitive procedures, are recommended by the UN and WTO for all their members. The United Nations Commission on International Trade Law (UNCITRAL) even proposed a model law on the procurement of goods (works) and services, which is a model and possible basis for government procurement legislation. Procurement requirements for member countries of the World Trade Organization are set out in the multilateral agreement on government procurement within the WTO. The procurement activities of the European Community countries are regulated by the relevant EU directives.

It's a matter of principles
In European procurement practice there is an already established system of basic principles, which include:
– Transparency – openness and accessibility of procurement information;
– Accountability and due process – 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 form the basis of legislation in many countries and are enshrined in a number of international documents, in particular the multilateral agreement on public procurement within the World Trade Organization.

Subject of procurement
In European countries, government procurement items are usually divided into goods, works and services. According to the classification proposed by UNCITRAL, goods usually include raw materials, products, equipment and objects in a solid, liquid or gaseous state, electrical energy, as well as services associated with the supply of goods, if the cost of such services does not exceed the price of the goods themselves.
Work means any activity related to the construction, reconstruction, demolition or repair of buildings, structures or facilities, including site preparation, excavation, erection, construction, installation and finishing, as well as related construction services, such as drilling, surveying works, aerial and satellite surveys, seismic surveys and similar services, if their cost does not exceed the cost of the work.
Finally, services by exclusion include any item of procurement other than goods and works.
Legislative regulation of different categories of procurement usually differs, primarily with regard to the tender procedures used and the methods for determining winners.

Procurement procedures
In addition to open and closed one- and two-stage tenders, methods of requesting quotations and purchasing from a single source, which are well known from domestic public procurement practice, some countries also use methods of requesting proposals and competitive negotiations.
Requests for proposals are sent to at least three suppliers. The contracting authority (procuring entity) establishes the criteria for evaluating proposals, their relative importance and the procedure for applying them in the evaluation. These criteria relate to the relative managerial and technical competence of the supplier, the effectiveness of its proposal in solving the problem at hand, and its price, including operating, maintenance and repair costs.
In this situation, it is permissible to negotiate, request or allow the customer to revise proposals. Negotiations are confidential and the opportunity to participate is given to all applicants who have made proposals and whose proposals have not been rejected. The customer then invites suppliers to submit their final options by a certain date, from which the best one is selected.

Support for domestic manufacturers
In some EU countries, local suppliers and contractors are provided with various types of preferences in public procurement, usually at the level of 5–10%. However, there are exceptions: for example, in Hungary the level of preferences during a certain period was 20%.
In some countries, part of the government order is reserved for certain categories of suppliers, in particular for small businesses. Sometimes, for the same purpose, large lots are deliberately divided into smaller ones.
In addition to special restrictions on foreign suppliers’ access to government orders, less obvious methods are increasingly being used, such as customs duties and non-tariff restrictions (standards, certificates, licenses, etc.), or even outright bans. Now this practice - largely thanks to the activities of international organizations, primarily the WTO - is gradually being reduced, but it is likely that it will not be completely abandoned soon.

German experience
According to Russian experts, Germany has the most interesting experience in organizing an electronic public procurement system among the EU countries.
The Federal Republic of Germany, as a member of the EU, is obliged to strictly implement all provisions of European public procurement legislation without exception, otherwise there is a high risk of disciplinary action by the European Commission and subsequent proceedings in the European Court. Germany managed to relatively easily adapt its legislation in the field of placing public contracts to the requirements of the European Union, since the creation of a competitive environment and the inadmissibility of discrimination make it possible to rationally spend public funds. European legislation in the field of public procurement is reflected not in a special law, but in the section of the German law on the inadmissibility of restrictions on competition (antitrust law) - this corresponds to the provisions of the draft European Constitution, where the satisfaction of public needs is considered in the context of the principles of a market economy.
The control system for public procurement procedures operating in Germany meets EU requirements, but has certain specifics. Its scope includes all organizations equated to government customers in accordance with the definition of the European Union. Thus, a number of private structures are also considered government customers. The control system includes two authorities:
1) appeal – in the form of an independent institution;
2) judicial – in the form of a judicial body.
The ability to challenge a decision to place a government contract in court has become a successful innovation in Germany. The decisions made by both authorities are published and serve to further develop the law in the field of public procurement. Since the law establishes an expedited procedure for considering complaints against the actions of the customer for these authorities, the appeal does not lead to a delay in the investment of funds.
The procurement process to meet government needs in the country is decentralized. Federal, regional and local authorities, as well as private entities operating in the essential sectors, place applications, guided by the provisions of existing legislation and at their own responsibility. There is still a separate system of rules for placing government orders: above and below the threshold values ​​(in monetary terms) provided for in the relevant EU directives. In particular, different procedures for monitoring and appealing the customer’s actions are used.
Work to improve the public procurement process is carried out under the leadership of the Federal Ministry of Economics, which managed to organize a constant and fruitful exchange of views between participants in the process and achieve a common approach and understanding of the provisions of regulations; Proposals and amendments are prepared on a regular basis.
In addition, the public organization of experts and scientists “Government Procurement Forum” has been operating in Germany for a long time and successfully, within the framework of which opinions are exchanged and attitudes are formed towards new phenomena in the field of public procurement within the country and abroad. The point of view of specialists and scientists, formulated in the working bodies of the forum, is regularly brought to the attention of the government. In addition, the forum annually awards a prize for the best scientific work in the field of public procurement (Public Procurement Award).
In Germany, there are often cases when customers, through a “creative” interpretation of certain provisions of public procurement legislation, try to escape its scope, and therefore from additional obligations. Some potential contractors do not hesitate to use unfair competition methods, including attempts to bribe customer representatives. Therefore, government agencies practice the appointment of independent persons (due to the impossibility of dismissing them) responsible for placing government orders. The work of these officials is controlled by higher supervisory authorities and the Accounts Chamber. But one of the most pressing questions at the moment is whether the introduction of so-called quality assurance systems for government customers and contractors can help in the fight against corruption, or whether we will still have to move on to compiling “black lists” with which the Russian Ministry of Economic Development scares Russian suppliers.

Anastasia ANDREEVA

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Introduction

1. Theoretical foundations for the formation of a public procurement system

1.1 Essence and features of the formation of the system of state and municipal procurement

1.2 Contents of placing state and municipal orders

1.3 Basic principles for placing state and municipal orders

1.4 Centralized public procurement model

2. Global experience in public procurement

2.1 American government procurement

2.2 European public procurement system

2.3 German experience

Conclusion

List of used literature

Introduction

The existence of the state, as a socially necessary organization, determines the presence of certain needs that are associated with the implementation of certain functions by it (the state). In this regard, the state should be considered a full-fledged subject of the market, which, by acquiring public goods for its needs, forms the public procurement market.

With Russia's transition to market relations, a radical revision of the public procurement system was required. From planned, strictly regulated deliveries of products, it is necessary to switch to purchasing goods in an environment where the buyer is always given wide opportunities to choose from numerous offers from suppliers. The need to restructure this system is also determined by the problem of the state budget deficit, which has become so acute in recent years, highlighting the need for economical spending of budget funds.

The government procurement market is not quite a private capitalist market, where competition between sellers and the personal interest of the buyer turn out to be a powerful economic incentive. A government official is not like a typical market subject: it is often easier for him to purchase goods from one supplier, perhaps one he has known for a long time. The official has virtually no incentive to carefully select proposals that are beneficial to the state. Moreover, in the absence of clear regulation of the state and municipal procurement process, this sector quickly becomes a breeding ground for abuse and corruption.

World practice has developed a fairly reliable tool for solving the problem of optimizing public procurement and fighting corruption - the legally established holding of open tenders (competitions) when a government official is strictly limited in the choice of mechanism for purchasing goods, works and services.

In Russia, over the past few years, a number of laws and guidelines have been adopted regulating the mechanism of state and municipal procurement and their transfer to a competitive basis, but they are characterized by internal inconsistency and incompleteness. Many of them contain provisions that are fundamentally impossible for business entities to implement, while others make it impossible for the successful functioning of the state and municipal procurement system.

Since the competitive system of state and municipal procurement in the Russian Federation is only a few years old, there is an insufficient elaboration of this problem. The works of such authors as D.A. are devoted to the study of various aspects of managing the public procurement system. Abdrakhimov, M.N. Brodsky, A.B. Vissarionov, A.A. Gladkov, M.M. Gorbunov-Pasadov, G.A. Kovaleva, SI. Kostenko, L.F. Lavrentieva, M.N. Mikhailov, N.V. Nesterovich, N.P. Protasova, S.A. Sibiryakov, V.I. Smirnov, A.A. Tikhonov, S.N. Khursevich, V.A. Shumaev.

Thus, the relative lack of development in the literature and regulatory documents of the problem of managing the public procurement system, as well as the practical significance of this problem for the effective and economical expenditure of budget funds and the prevention of corruption, determine the relevance of the chosen research topic.

The purpose of the work is to substantiate the theoretical provisions and organizational and methodological foundations for managing the public procurement system.

Achieving this goal required solving the following tasks:

*explore the essence and features of the formation of the public procurement system;

*summarize foreign experience in managing the public procurement system and assess the possibility of its application in the Russian economy;

*conduct an analysis of existing practices in managing the public procurement system;

The theoretical and methodological basis of the work was the scientific works of domestic and foreign scientists, legislative acts of the Russian Federation and its constituent entities, and foreign practical experience accumulated in this area.

The work used methods of system analysis, statistical groupings, economic and mathematical methods, forecast estimates, the method of sociological survey and comparative analysis.

This course work consists of an introduction, main part, conclusion and list of references.

1. Theoretical foundations for the formation of a public procurement system

1.1 Essence and features of the formation of the system of state and municipal procurement

The Department of Public Procurement (hereinafter referred to as the Department) is a structural subdivision of the Ministry of Economy, Trade, International and Foreign Economic Relations of the region (hereinafter referred to as the Ministry).

The department in its activities is guided by the Constitution of the Russian Federation, federal and regional legislation, legal acts of the President of the Russian Federation and the Government of the Russian Federation, the Charter of the region, legal acts of the Head of the Administration (Governor) of the region, resolutions and orders of the Regional Administration, Regulations of the Regional Administration, Regulations on the Ministry, regulations of the ministry, orders and directives of the Deputy Head of Administration (Governor) of the region - the Minister of Economy, Trade, International and Foreign Economic Relations, other regulations, and these regulations.

Main management tasks:

Management is carried out by:

1. Coordination of work, control, methodological and methodological guidance in the field of procurement of goods, works and services (hereinafter referred to as products) for state and municipal needs;

2. Development of a forecast of the volume of products purchased for state and municipal needs at the expense of regional and local budgets, extra-budgetary funds of the region;

3.Planning of public procurement;

4. Participation in the work of competition commissions of government customers;

5. Coordination of the rights of customers to purchase products from single sources, as well as through closed tenders;

6. Monitoring the effective use of budget funds.

Control functions:

In accordance with the main tasks assigned to it, the department performs the following functions:

1. Carries out the development of legislative and regulatory legal acts on issues within the competence of the department;

2. Participates, within its competence, in ensuring the effective use of regional budget funds, including through participation in joint inspections with specialists from the Chamber of Control and Accounts of the region and the Main Control Directorate of the Regional Administration;

3. Develops annual forecasts for the volume of products purchased for state and municipal needs at the expense of the regional and local budgets, extra-budgetary funds of the region;

4.Carries out planning of public procurement for the main managers of regional budget funds;

5. Provides advisory assistance and provides methodological guidance to economic services of state and municipal customers in the field of state and municipal procurement;

6. Organizes the formation of a unified state regional order and coordinates the holding of joint competitions on the basis of current legislation in the field of public procurement;

7.Participates in the work of specialized subcommittees of the interdepartmental competition commission for the placement of a consolidated state regional order;

8. Prepares conclusions on the issue of approving tender documentation for government customers for the purchase of products worth over 5 million rubles per lot;

9. Participates in the work of competitive commissions of government customers for the purchase of products worth over 5 million rubles per lot;

10. Prepares conclusions on the issue of coordinating the rights of customers entering into government contracts at the expense of the regional budget for procurement from a single source, as well as through a closed competition, in accordance with current legislation;

11. Maintains a register of requests from state and municipal customers for approval of purchases from a single source;

12. Reviews and prepares conclusions on complaints about unlawful actions of competition commissions of state and municipal customers of the region;

13.Coordinates the work to create a unified information network of public procurement;

14. Implements and coordinates the work of software for organizing the purchase of products by government customers using the method of requesting quotes;

15.Carry out monthly monitoring of competitions held for the purchase of products by state and municipal customers;

16.Carry out a quarterly analysis of the efficiency of using funds from the regional budget and territorial extra-budgetary funds allocated for the purchase of products for state needs;

17.Coordinates the work of competition commissions of the main managers of regional budget funds;

18.Coordinates the work of specialized centers for organizing competitions in the interests of customers in the region;

19. Interacts with the editorial office of the regional newspaper on the issue of posting information about competitions held in the Rostov region;

20. Organizes and conducts seminars and internships for the purpose of training and advanced training of specialists working in the system of state and municipal orders.

Ensuring management activities:

1. To ensure its functions, management has the right:

Request and receive, in the prescribed manner, from regional executive authorities and structural divisions of the Regional Administration, city and district administrations, the territorial body of the Federal State Statistics Service, organizations located in the region, regardless of their form of ownership, higher educational institutions, research centers data necessary to perform the tasks and functions assigned to the management;

-involve, in the prescribed manner, scientific, educational and other research institutions, enterprises, as well as individual scientists and specialists to develop issues within its competence, and participate in the distribution of financial resources allocated for these purposes;

-convene in the prescribed manner meetings on issues within its competence, with the involvement of heads of structural divisions of the Regional Administration, ministries and departments, other executive authorities, enterprises, institutions and organizations.

1.2 Contents of placing state and municipal orders

There are several definitions for the concept of state order:

1) state order - an order issued by state bodies and paid from the state budget for the manufacture of products, release of goods, carrying out work in which the state is interested;

2) state order - a set of concluded state contracts for the supply of goods, performance of work, provision of services at the expense of the state budget;

3) government order- an offer given by an authorized state organization to another supplier organization for the supply of goods, works, services for federal and regional government needs.

A municipal order, in turn, is understood as an order from local governments and municipal institutions authorized by them for the supply of goods, performance of work and provision of services related to the resolution of issues of local importance and the exercise of certain state powers delegated to local governments by federal laws and regulations subjects of the Russian Federation.

State and municipal customers can be, respectively, state authorities of the Russian Federation or state authorities of constituent entities of the Russian Federation and local government bodies, as well as recipients of budget funds authorized by the specified state authorities or local government bodies to place orders when placing orders for the supply of goods, performance of work , provision of services at the expense of budgetary funds.

Participants in the placement of orders are persons applying for the conclusion of a state or municipal contract. A participant in placing an order can be any legal entity, regardless of its organizational and legal form, form of ownership, location and place of origin of capital, or any individual, including an individual entrepreneur.

An order can be placed in two ways:

1. By bidding:

· contest(the winner is the person who offered the best conditions for the execution of a state or municipal contract, the application for which is assigned the first number);

· auction(the winner is the person who offers the lowest price for a state or municipal contract).

Both the competition and the auction can be held in open or closed form.

2. Without bidding:

· request for quotation(placement of an order, in which information about the needs of an institution (organization) is communicated to an unlimited number of people by posting a notice on the official website of a request for quotation; the winner is the participant in the order placement who offered the lowest contract price);

· from a single supplier(placement of an order in which the customer proposes to conclude a government contract with only one supplier (performer, contractor);

· on commodity exchanges(The Law introduced a chapter on placing orders for the supply of exchange-traded goods for state or municipal needs on commodity exchanges in an amount exceeding 5,000,000 rubles; the procedure for placing orders is established by the Government of the Russian Federation).

1.3 Basic principles for placing state and municipal orders

The basis of the system of satisfying state needs through competitive procedures is made up of certain principles that can be divided into two groups.

First group principles comprise the so-called “trading properties”, i.e. without them, the very existence of the competitive system will be in question.

a) Transparency (openness) implies wide availability of information about the announcement of tenders, their progress and results, and the regulatory and legal framework of procurement.

b) Equality (fairness) implies that the conditions of competitions, criteria and procedures for determining the winner are established in advance, and they are the same for all participants. In addition, these conditions should not change during the actual bidding. It is a categorical requirement that no discriminatory measures be taken against any of the participants. It also implies legal equality between the customer and suppliers.

c) Responsibility means the mutual fulfillment of obligations by the parties to each other when making a purchase, as well as the legality and civility of constructing contractual relations.

Second group principles is associated with costs (expenses) arising during the competitive placement of orders and the implementation of other procedures related to public procurement. Using these principles, you can assess the correctness of the procurement organization.

a) Economy means that the costs of organizing and conducting competitive bidding, subject to the necessary standards and procedures, including the unconditional provision of transparency, equality and responsibility, should be as low as possible. It should be especially emphasized that cost reduction should occur through improved management of the organization and conduct of tenders.

b) Efficiency is the main criterion for the effectiveness of procurement. Purchasing efficiency can be achieved by introducing competition into the market. Taking into account the specifics of the public procurement market, competition can be introduced through competitions (bidding), in which anyone can take part. It involves purchasing the required products with maximum benefit for the buyer, which is the state. Moreover, the benefit for the state can be direct (cost savings) and indirect (fighting corruption, stimulating competition, supporting its own producers, expanding the tax base, etc.).

Additionally, the following principles are highlighted:

a) The legality of the activities of government customers. All actions of customers must be determined by legislative and regulatory documents. This principle implies strict compliance by government customers with the established procurement procedures, including the selection of procurement methods depending on the volume and nature of the goods and services purchased.

b) Exercising control over the process of placing government orders. Control presupposes both the responsibility of the customer (officials) for violations of the law and the effectiveness of the procurement.

The mechanism for implementing control actions includes:

1.Checking the timely conduct of competitions in accordance with notices published in the media.

2. Verification of compliance by competition organizers with the requirements stipulated in the competition documentation.

3. Monitoring the compliance of the qualifications of members of the competition commission with the requirements of the legislation on the organization of procurement.

4. Monitoring the correctness of the choice by the competition organizers of the procurement method (competitive or non-competitive placement) and the type of competition (open or closed).

5. Monitoring the correctness of the choice by customers (tender organizers) of the winner of the competition who offered the most favorable terms for the supply of products.

6. Monitoring the compliance of the competition procedure with the requirements of the approved regulations of the competition commission.

7. Monitoring the compliance of the concluded contract with actual execution.

1.4 Centralized public procurement model

There are various models for organizing procurement activities. Two of them dominate - distributed (decentralized) and centralized. When distributed, each division of the company (departments, ministries, etc.) carries out the purchases necessary for its needs independently. For these purposes, specialized purchasing departments (or other units with similar functions) are created within their framework. The centralized model provides for the creation of a kind of purchasing center, which receives requests for necessary purchases from departments. The maximum level of centralization exists when a special department is created that is responsible for all government procurement (or the corresponding procurement department for a large company).

An analysis of global experience in applying various procurement procedures shows that one of the most effective forms of organizing large purchases of goods and services is holding open competitions (tenders).

Tenders form the basis of public procurement in the vast majority of developed countries. Procurement rules, the main method of which are competitive procedures, are recommended by the UN and WTO for all their members. The United Nations Commission on International Trade Law (UNCITRAL) even proposed a model law on the procurement of goods (works) and services, which is a model and possible basis for government procurement legislation. Procurement requirements for member countries of the World Trade Organization are set out in the multilateral agreement on government procurement within the WTO. The procurement activities of the European Community countries are regulated by the relevant EU directives.

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

-Transparency - openness and accessibility of procurement information;

-accountability and due process - 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 form the basis of legislation in many countries and are enshrined in a number of international documents, in particular the multilateral agreement on public procurement within the World Trade Organization.

In European countries, government procurement items are usually divided into goods, works and services. According to the classification proposed by UNCITRAL, goods usually include raw materials, products, equipment and objects in a solid, liquid or gaseous state, electrical energy, as well as services associated with the supply of goods, if the cost of such services does not exceed the price of the goods themselves. Work means any activity related to the construction, reconstruction, demolition or repair of buildings, structures or facilities, including site preparation, excavation, erection, construction, installation and finishing, as well as related construction services, such as drilling, surveying works, aerial and satellite surveys, seismic surveys and similar services, if their cost does not exceed the cost of the work. Finally, services by exclusion include any item of procurement other than goods and works. Legislative regulation of different categories of procurement usually differs, primarily with regard to the tender procedures used and the methods for determining winners. state municipal procurement experience

In addition to open and closed one- and two-stage tenders, methods of requesting quotations and purchasing from a single source, which are well known from domestic public procurement practice, some countries also use methods of requesting proposals and competitive negotiations. Requests for proposals are sent to at least three suppliers. The contracting authority (procuring entity) establishes the criteria for evaluating proposals, their relative importance and the procedure for applying them in the evaluation. These criteria relate to the relative managerial and technical competence of the supplier, the effectiveness of its proposal in solving the problem at hand, and its price, including operating, maintenance and repair costs. In this situation, it is permissible to negotiate, request or allow the customer to revise proposals. Negotiations are confidential and the opportunity to participate is given to all applicants who have made proposals and whose proposals have not been rejected. The customer then invites suppliers to submit their final options by a certain date, from which the best one is selected.

In some EU countries, local suppliers and contractors are provided with various types of preferences in public procurement, usually at the level of 5-10%. However, there are exceptions: for example, in Hungary the level of preferences during a certain period was 20%.

In some countries, part of the government order is reserved for certain categories of suppliers, in particular for small businesses. Sometimes, for the same purpose, large lots are deliberately divided into smaller ones.

In addition to special restrictions on foreign suppliers’ access to government orders, less obvious methods are increasingly being used, such as customs duties and non-tariff restrictions (standards, certificates, licenses, etc.), or even outright bans. Now this practice - largely thanks to the activities of international organizations, primarily the WTO - is gradually being reduced, but it is likely that it will not be completely abandoned soon.

The procurement process to meet government needs in the country is decentralized. Federal, regional and local authorities, as well as private entities operating in the essential sectors, place applications, guided by the provisions of existing legislation and at their own responsibility. There is still a separate system of rules for placing government orders: above and below the threshold values ​​(in monetary terms) provided for in the relevant EU directives. In particular, different procedures for monitoring and appealing the customer’s actions are used.

Work to improve the public procurement process is carried out under the leadership of the Federal Ministry of Economics, which managed to organize a constant and fruitful exchange of views between participants in the process and achieve a common approach and understanding of the provisions of regulations; Proposals and amendments are prepared on a regular basis.

Therefore, government agencies practice the appointment of independent persons (due to the impossibility of dismissing them) responsible for placing government orders. The work of these officials is controlled by higher supervisory authorities and the Accounts Chamber. But one of the most pressing questions at the moment is whether the introduction of so-called quality assurance systems for government customers and contractors can help in the fight against corruption, or whether we will still have to move on to compiling “black lists” with which the Russian Ministry of Economic Development scares Russian suppliers.

The centralized model of government procurement involves combining the functions of planning, placing and coordinating the procurement of products for government needs within the competence of one executive authority.

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 precisely the structure of the public procurement system in the UK, when in addition to the main coordinating department, the Treasury, there are specialized “industry” purchasing services, such as the National Health Service Supplies, a purchasing service for the national health care system. 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). If we consider the main global trends, we can state the gradual decentralization of procurement in developed countries. It should be noted that this experience leads to positive results only with a relatively low level of corruption. For example, in some countries, such as Iran, the public procurement system is, in fact, completely decentralized (each customer purchases independently and according to its own rules and procedures), but its efficiency, alas, leaves much to be desired.

2. Global experience in public procurement

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.

2.1 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 the federal government procurement system 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 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 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

Data contained in the Federal Acquisition Information System is used as the basis for periodic and ad hoc reports to the President, Congress, and the Office of the Budget, and is also made available to federal agencies, the business community, and the public.

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 Central Information System specialist 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:

- the period of time for which the research needs to be conducted (the fiscal 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 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.

2.2 European public procurement system

The US experience was also used to create a unified procurement system for the European Union. A unified system of supranational legislation has been created in the European Union countries. Its main goals are:

-optimization of procurement for government needs while minimizing costs;

- ensuring equal conditions of competition when concluding a contract, including ensuring equal competition in national markets and in the EU market in general;

-compliance with publicity requirements;

-promoting honest and open business;

- assistance to small and medium-sized enterprises in obtaining government orders.

American experience was also used in the development in the European Union of procedures, methods and methods for conducting procurement for government needs, and the foundations for building their information support. Similar work in Europe began later, and the creation of supranational legislation on these issues is a more complex problem here due to the existing differences in the legislation of countries within the European Union.

The main information resources supporting the procurement process and containing information about concluded contracts of member countries of the European Union include all information that relates to procurement proposals and must be published in the Official Journal of the EU. The paper version of this publication was discontinued in 1998; The Tender Electronics Daily (TED) electronic database is now official. The TED database is available on CD-ROM and is accessible via the Internet. It is updated daily with 500-750 new advertisements and also contains some information about concluded contracts. More complete data on contracts and suppliers is presented in the national information systems of countries belonging to the European Union; in addition, there are more than 200 information centers that provide reference and consulting services to participants in public procurement.

In EU countries there are two dominant models for organizing procurement activities: distributed (decentralized) and centralized.

With a distributed model, each division of the company (departments, ministries, etc.) carries out the procurement necessary to meet its needs independently. For this purpose, specialized purchasing departments or other units similar in function are created within its structure.

The centralized model provides for the creation of a kind of purchasing center, where purchase requests from departments are collected. In the case of the maximum level of centralization, a special department is formed that is responsible for all government procurement, or a corresponding procurement department for a large company.

The pros and cons of both schemes are obvious: the distributed model is very flexible, but more expensive. In turn, the centralized model, which ensures low prices through large wholesale purchases, is less mobile and does not always take into account all the nuances in applications for the purchase of necessary goods and services. Both models described have long been used throughout the civilized world. So, in Great Britain they are the prerogative of the State Treasury (Her Majesty's Treasury).

In the EU, the most effective is a 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 precisely the structure of the public procurement system in the UK, where, in addition to the main coordinating department - the Treasury - there are specialized sectoral procurement services, such as the National Health Service Supplies (purchasing service for the national health care system).

2.3 German experience

According to Russian experts, Germany has the most interesting experience in organizing an electronic public procurement system among the EU countries.

The Federal Republic of Germany, as a member of the EU, is obliged to strictly implement all provisions of European public procurement legislation without exception, otherwise there is a high risk of disciplinary action by the European Commission and subsequent proceedings in the European Court. Germany managed to relatively easily adapt its legislation in the field of placing public contracts to the requirements of the European Union, since the creation of a competitive environment and the inadmissibility of discrimination make it possible to rationally spend public funds. European legislation in the field of public procurement is reflected not in a special law, but in the section of the German law on the inadmissibility of restrictions on competition (antitrust law) - this corresponds to the provisions of the draft European Constitution, where the satisfaction of public needs is considered in the context of the principles of a market economy.

The control system for public procurement procedures operating in Germany meets EU requirements, but has certain specifics. Its scope includes all organizations equated to government customers in accordance with the definition of the European Union. Thus, a number of private structures are also considered government customers. The control system includes two authorities:

1) appeal - in the form of an independent institution;

2) judicial - in the form of a judicial authority.

The ability to challenge a decision to place a government contract in court has become a successful innovation in Germany. The decisions made by both authorities are published and serve to further develop the law in the field of public procurement. Since the law establishes an expedited procedure for considering complaints against the actions of the customer for these authorities, the appeal does not lead to a delay in the investment of funds.

In addition, the public organization of experts and scientists “Government Procurement Forum” has been operating in Germany for a long time and successfully, within the framework of which opinions are exchanged and attitudes are formed towards new phenomena in the field of public procurement within the country and abroad. The point of view of specialists and scientists, formulated in the working bodies of the forum, is regularly brought to the attention of the government. In addition, the forum annually awards a prize for the best scientific work in the field of public procurement (Public Procurement Award).

In Germany, there are often cases when customers, through a “creative” interpretation of certain provisions of public procurement legislation, try to escape its scope, and therefore from additional obligations. Some potential contractors do not hesitate to use unfair competition methods, including attempts to bribe customer representatives.

Conclusion

As a result, it should be concluded that a state order is a set of concluded state contracts for the supply of goods, production of work, and provision of services at the expense of the state budget. A municipal order is an order from local governments and municipal institutions authorized by them for the supply of goods, performance of work and provision of services related to the resolution of issues of local importance and the exercise of certain state powers delegated to local governments by federal laws and laws of constituent entities of the Russian Federation.

Orders can be placed through bidding (competition, auction) or without bidding (request for quotations, from a single supplier, on commodity exchanges).

State and municipal customers can be, respectively, state authorities of the Russian Federation or state authorities of constituent entities of the Russian Federation and local governments, as well as authorized recipients of budget funds when placing orders for the supply of goods, performance of work, provision of services at the expense of budget funds.

It is worth considering that when placing state and municipal orders, certain principles must be observed: transparency, equality, responsibility, efficiency, economy, legality, as well as the principle of control.

The procedure for placing state and municipal orders is based on legislative regulations, the most important among which is the Federal Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.”

List of used literature

1 Federal Law of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” (as amended on November 8, 2007).

2 Budget Code of the Russian Federation of July 31, 1998 N 145-FZ (as amended on July 14, 2008) / ATP “Garant”.

3 Civil Code of the Russian Federation, part one of November 30, 1994 N 51-FZ, part two of January 26, 1996 N 14-FZ, part three of November 26, 2001 N 146-FZ and part four of December 18 2006 N 230-FZ (as amended on July 14, 2008) / ATP “Garant”.

4 State and municipal order. Access mode: http://www.dmpmos.ru - Cap. from the screen.

5 Basic principles of placing a state order - Access mode: http://urp.volcity.ru/business_foundation/state_order/ - Cap. from the screen.

6 Features of the government procurement market. Access mode: http://www.konkir.ru/ - Cap. from the screen.

7 Methods of placing orders for government needs - Access mode: http://www.vkursedela.ru - Cap. from the screen.

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