Introduction

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

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

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

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

2. learn more about their activities;

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

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

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

Government procurement in the modern global market

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

The government procurement market is an essential element of social economic development countries, and the system of government orders itself is increasingly becoming one of the fundamental institutions of state regulation of the economy, which has a significant impact on its dynamics and structure.

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

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

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

1. protection (VPK),

2. food security (AIC),

3. energy security (fuel and energy complex),

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

5. protection and conservation of natural resources.

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

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

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

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

· convergence of the technological level of production in different economic sectors,

· increasing the socio-technological homogeneity of the economy.

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

What is the subject of public procurement?

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

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

· procurement planning;

· determination of the feasibility of the proposed purchase;

· procurement regulation;

· procurement;

· procurement control.

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

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

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

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

4. equality and justice - non-discrimination;

5. efficiency - maximum economic benefit when achieving results;

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

These principles form the basis for legislation in many countries, and are enshrined in a number of international documents, in particular in the Multilateral Agreement on Government Procurement within the World Trade Organization.

And all because the issues of regulation of public procurement throughout the world are the object of close attention from legislators - after all, in this case, the buyer himself, that is, the state, is interested in the maximum efficiency of the process. Let's take a closer look at modern procurement rules that help resolve issues of unfair competition and possible conflicts between the parties that arise in international trade.

1.2 Organization of procurement of goods and services. Legal basis

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

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

2. procurement based on negotiations with several potential suppliers,

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

4. purchases from a single source.

It is competitive procedures that are most widely used, because they allow for equal conditions of access to government orders, openness and transparency of all procedures and selection criteria. The possibility of using other methods requires appropriate justification.

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

· Multilateral Agreement on Public Procurement within the WTO,

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

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

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

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

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

1. General Provisions;

2. Procurement methods and conditions for their use;

3. Bidding procedures;

4. Main procurement method;

5. Procedures applied when purchasing by alternative methods;

6. Appeal.

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

· ensuring maximum cost-effectiveness and efficiency of procurement;

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

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

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

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

· ensuring openness of procurement procedures.

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

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

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

• Lakeeva Elena Evgenievna, bachelor, student
• Vladivostok State University economy 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 are the large-scale use of planning methods to meet government needs, price monitoring, databases of standard contracts, control mechanisms and procedures for assessing the results of their execution, and specialized information resources for managing contract systems.

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

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

The US Federal Contract System (hereinafter referred to as the FCC) was created in 1921 and is one of the oldest contract systems. In the United States, the first law to regulate the federal government procurement system was passed in 1792. 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 rulebook contains more than 1000 pages and has 53 sections, each of which is dedicated to separate aspect procurement The first six sections examine general issues conclusion of government contracts, 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 separates purchases made to fulfill government programs, and the purchase of property and materials necessary for the functioning of the state 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 on 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 UK contract system portal contains digital library standard contracts in the form of a service for selecting 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 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 budget funds, including procurement activities. Legislation on public procurement in different countries the world has developed with features 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 economic and social programs countries, various sectors of the national economy are developing, the products of domestic producers are supported, and some social processes are regulated.

A model for building the future has now been created Russian system public procurement, which complies with global 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, by developing a planning system and regulatory legal regulation public procurement in Russia, it is necessary to use both your accumulated experience and the experience of foreign countries;
• secondly, it is necessary to take into account the consequences of the practical application of the introduced methods, otherwise the ultimate goal of public procurement management will not be achieved - increasing the efficiency, proper execution and transparency of government orders.

Bibliography

1. Antonov V.I., Kiseleva O.V. Foreign experience in regulating the placement of state orders and the possibility of its use in Russian practice // Contemporary issues science and education. 2013. No. 3. P. 288.
2. Umetaliev A.S. Foreign experience in public procurement // Science, new technologies and innovations. 2013. No. 6. pp. 124–125.
3. Belinskaya M.P. Trends in legal regulation of public procurement. / M.P. Belinskaya. // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2014. - No. 1. – P. 349-351.
4. Eremin V.V. Development of the institution of regulation of public procurement in Russia / V.V. Eremin. // Young scientist. - 2014. - No. 20. - pp. 472-474.
5. World experience in government procurement. [ Electronic resource] //URL: http://bujet.ru/article/2895.php (date accessed 09.13.2018)

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, well-researched normative base and competent administration of procurement may well reduce possible losses of efficiency to a minimum - the lobby turns into only one of the factors of choice, working in circumstances “all other things being equal.”

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 established budget.

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

• transparency (sometimes called “transparency”, English transparency) - openness and accessibility of information about procurement;
• accountability and compliance with procedures (accountability and duprocess) - strict adherence to procurement procedures under state and public control;
• open and effective competition - non-discrimination;
• fairness - equal opportunities for all procurement participants.
• These principles underlie procurement legislation in many countries. They are enshrined in a number of international documents, in particular in the already mentioned Multilateral Agreement on Government Procurement within the WTO, and are the basic principles of procurement.
• 2. Preferences for national suppliers
• One of the fundamental laws of the world economy states that the losses of national consumers from protectionist policies are always higher than the benefits of national producers. However, some countries, hoping to support their own industry, provide various kinds of preferences to local suppliers and contractors in government procurement. It is worth noting that this practice is gradually declining, largely due to the activities of international organizations such as the WTO. But, apparently, they will not completely move away from it anytime soon.
• In a number of countries, state regulation of international tender procedures is carried out in order to streamline the influx of foreign business capital and protect the interests of local firms.
• In many developing and industrialized countries, the right of local firms to priority in price levels is legislated, i.e. other things being equal, the winnings are awarded to the local firm even if its bid price is higher than the bid price of other foreign participants. The price margin in favor of local firms can range from 6% (USA, Canada) to 15% (Kuwait, India) and even higher. In a number of countries, those foreign participants who do not provide for the transfer of part of the contract to local firms are not allowed to bid. Sometimes foreign contractors are prohibited from importing equipment and materials, the production of which has been mastered by local industry, a rule has been introduced to triple the number of local personnel over foreign ones for contract projects, and a list of works and services has been determined that a foreign contractor is obliged to transfer to local firms. In some countries, part of the government order is reserved for certain categories of suppliers, for example, small businesses, organizations of the disabled, penitentiary institutions, etc. Large contracts are deliberately broken down into smaller ones to facilitate access by national producers. In many countries, participation of foreign companies in tenders is possible only through local agents or partners (Egypt, Oman). To overcome such restrictions and increase the possibility of winning orders, foreign companies began to resort to creating consortia with the participation of local firms.
• There is a tendency to expand the rights of auction organizers, which complement the efforts of states to stimulate the activities of national producers and increase the efficiency of investments. For example, the practice of repeat bidding in order to reduce prices is widely used. Along with the pricing policy, tender committees, when conducting contract tenders, began to increasingly use “loan 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 USA uses a fairly powerful mechanism of preferences and quotas for participation individual categories 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, Maintenance Service national system National Health Service Supplies provides procurement and supplies for medical institutions 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 principles: 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 state procurement for services of liberal professions” (VOF) dated May 12, 1997.
• Government orders are placed on the basis of an open (mostly) or closed competition, and in exceptional cases, without announcing a competition. At the same time, the procedures are somewhat different from the usual ones: for example, bidders are not present at the opening of tender proposals.
• To attract small and medium-sized businesses to government procurement, German legislation provides for the division of large orders into lots, and in the case of non-competitive placement of orders, mandatory rotation of suppliers.
• From a certain procurement volume, it is mandatory to publish a tender notice in the EU procurement bulletin.
• Interestingly, German law prohibits giving preference to domestic providers.
• European Community.The public procurement market in the European Community (EU) accounts for about 11% of the GDP of its member countries, of which 20% is for services, 45% for goods, 35% for works.
• The EU aims to create a single economic space regulated by common rules, including in the field of public procurement. They are regulated through Directives defining rules and procedures for the procurement of goods, works and services, which include:
• procurement of goods - The Supplies Directive 93/36/EEC;
• procurement of services - The Services Directive 92/50/EEC;
• procurement of works - The Works Directive 93/37/EEC;
• government procurement agreement - Government Procurement Agreement (GPA) and a number of others (97/52/EC, 89/665/EEC, 87/95/EEC).
• These guidelines are based on the following principles:
• equal access to information about planned procurement in all EU member countries;
• absence of discrimination against participants from member countries of the Union, including in technical specifications;
• ?using objective contract award criteria. Gradually, the national legislation of the Union member countries is being brought into line with the provisions of these documents.
• EU procurement rules are in many ways similar to recommended international documents, such as the UNCITRAL Model Law on Public Procurement, although there are some important differences, in particular regarding the range of procurement procedures applied.
• Despite many years of experience in public procurement, Western Europe Various violations occur periodically. Thus, in July 2002, the European Commission was forced to appeal to the European Court of Justice in connection with the identification of deviations from procurement rules in Greece, France, Italy and the UK. Violations include holding competitions without publishing an invitation in an official publication (Greece), awarding a contract without holding a competition (Greece, Italy), unjustified restrictions or preferences for certain categories of participants (France), failure to use public procurement legislation by parastatal enterprises (UK).
• And in February 2003, 30 high-ranking officials of the Italian government agency Anas, which organizes competitions for the distribution of government and municipal construction contracts, were arrested on charges of corruption. Two of the detainees were caught in the act - at the moment when they received money from representatives of construction companies who, with their help, won a tender for the construction of a highway in the province of Lombardy in the north of the country.
• Ukraine.The procurement of goods, works and services for public needs in Ukraine is regulated by the law “On the procurement of goods, works and services for public funds” No. 1490-Ш dated February 22, 2000, resolutions of the Cabinet of Ministers of Ukraine and orders of the Ministry of Economy.
• An interesting point is the possibility of reducing the trading period. Usually it is set within 45 calendar days from the date of publication of the auction announcement. In some cases, this period may be reduced to 15 days.
• Ukrainian legislation provides preferences for national suppliers - 10% (if the offer price does not exceed 200 thousand euros for goods, 300 thousand euros for services and 4 million euros for work). Special benefits apply to the Ukrainian Society of the Blind and Deaf, the Union of Organizations of Disabled Persons and enterprises of the penitentiary system (colony, etc.) - 15% regardless of the offer price.
• Selected examples: Argentina and Eastern Europe.The public procurement system in Argentina is maximally aimed at protecting the interests of national suppliers - tender regulations provide for a level of preferences of 5-10%.
• Another important feature is high price competitive 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.
• Organizational structure 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. Legislative framework draws up a law on public procurement (usually based on standard project UNCITRAL) and a number of secondary legislation, and procurement information is disseminated through a special national publication.
• Russia.Share of public procurement in Russian Federation accounts for about 40% of the 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 lack of legal regulation, insufficient qualifications of specialists responsible for procurement, high level corruption - all these circumstances reduce the efficiency of procurement and serve as a source of distrust 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 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 bidder instructions and specifications. The fee for providing tender documentation 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.European Bank for Reconstruction and Development (EBRD) - international organization focused on helping countries of Eastern Europe and 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 rules for procurement of EBRD projects are set out in the document “Principles and Rules for the Procurement of Goods and Services for Projects Financed by European Bank 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 World Bank procurement guidelines and even Russian legislation about government procurement this document looks quite 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.

Chapter 1. Analysis of foreign and domestic experience in orders for government needs

1.3. Foreign and domestic experience in orders for government needs

In almost all developed countries, the state is the most important customer of products on the domestic market for government needs. In the USA, for example, the share of government procurement is approximately 15% of the distribution portion of the national budget. In our country, government procurement increased by 46% from 1985 to 1995, compared with a 142% increase from 1975 to 1985, due mainly to large cuts in defense spending. Growth in federal procurement during this period was less than growth in state and local procurement. The share of public procurement is even higher in countries where public administration significantly influences the economy (Germany, France, etc.). In countries with transition economies, the share of public procurement in the distribution part of the national budget reaches 50%.

Such significant volumes of public procurement make the task of ensuring their efficiency paramount. The efficiency of public procurement is ensured by: transparency of procurement procedures, economical spending of budget funds, strict accountability of those responsible for procurement, and fairness in ensuring access of all suppliers to government orders.

World practice shows that the most effective way to implement all the principles of procurement is to hold public competitions. There is no worthy alternative to the process of placing government orders, because the closeness and subjectivity of their implementation give rise to corruption and irrational spending of budget funds. The types of competitive procedures used in foreign practice are shown in Figure 1.6

According to the classification of the Organization of Economic Cooperation Countries, depending on the degree of freedom of purchasing authorities in choosing a supplier, tenders are divided into automatic and discretionary. Discretionary tenders give purchasing authorities greater freedom in choosing a supplier, since only part of the contract terms are announced in advance.

In automatic tenders, the main terms of the contract are indicated (delivery dates, payment terms, technical specifications, etc.) The contract is awarded to a company that guarantees compliance with all its terms and offers the lowest price, i.e. the award of the contract occurs as if automatically.

The use of these competitions and the procedure for conducting them are usually strictly regulated. Almost every country has quantitative thresholds for mandatory public tendering, but in countries such as Egypt, Iraq, Iran and Saudi Arabia, the necessity of tendering for the issuance of an order is stipulated for all public sector organizations, regardless of the value of the order. For French government agencies, the use of a competitive procedure is mandatory for any orders over $60,000.

Direct orders are only possible for smaller order quantities. In a number of countries, government agencies are required to make public information about all contracts awarded above a certain value. In the USA, it is $25,000. In most countries (USA, Japan, Germany, France, Italy, the Netherlands, Spain, etc.) procurement policy is regulated by special legislation, and in others - by departmental instructions.

It cannot be said that competitive procedures are some kind of new phenomenon for Russia. In our country, the roots of the legislative formalization of the public auction procedure date back to the middle of the 17th century, when “manual entries” were introduced to the artel workers who won a contract, “so that you can trust.” In 1772, such elements of bidding as openness, publicity and registration of all proposals appeared. Bidding decrees were posted on city gates, bidders' bids were recorded in writing in the offices, and after the contract was awarded, the winner and its price were publicly announced. Since the 18th century, the public announcement of tenders has also been a measure to suppress the abuses of officials and collusion of contractors, which was a mandatory requirement approved by Peter I in the “Regulations on the management of the admiralty and shipyard” in 1722. Legislative acts on tenders of 1719-1830 were summarized in the “Regulations on government supplies and trading,” which was a guide for the trade and purchasing activities of the Russian treasury and was of an international nature, since trading with foreign countries came first. In August 1923, the Council of People's Commissars adopted the "Instructions on the procedure for public bidding for government contracts and supplies." The mandatory conclusion of transactions for the issuance of government orders remained until the early 30s, and then fell into oblivion for more than fifty years.

The domestic procurement system is currently in its infancy, so it is important to become familiar with some of the details of procurement in various countries.

In the United States, the first law to regulate the federal government procurement system was passed in 1792. In its current form, the mechanism for carrying out government procurement in the United States basically developed by 1984, when a set of legislative and by-laws collectively called the “Federal Procurement Rules” was adopted.

In accordance with American legislation, the Office of Federal Procurement Policy, one of the divisions of the Office of Management and Budget under the President of the United States, is responsible for the legal support of procurement policy and the formation of contractual systems of government procurement. Along with legislation governing government procurement policies, it issues directives that are included in federal procurement regulations.

Today, a unique state company has been created in this country - the Federal Contract System (FCS), an integral part of which are government contracts or government orders. The government market, or “the government agency market comprised of federal government organizations, state and local governments, purchases or leases the goods they need to carry out their functions of government” is the largest and most comprehensive.

According to statistics at the beginning of the 90s, 230-240 thousand contracting companies work annually in the government market. This represents about a sixth of the total number of all US companies. The number of workers and employees employed in the public procurement system is 142 thousand people. About a third of all total US federal spending comes from government procurement. The government turned out to be the largest consumer in the country as a whole.

Among developed countries, the US government is the largest customer of goods and services for government consumption. In the USA: the government market is divided into three main parts:

Military-industrial consumption (military equipment, fuel, raw materials, services, civil and military R&D programs);

National consumption (standard goods, machines, mechanisms, equipment, transport services, construction of government buildings and structures, government reserves of raw materials, materials, and so on);

Intradepartmental civil consumption (machinery, equipment, goods, raw materials, fuel, materials, communications, transport, services, R&D).

Currently, according to current US legislation, at the federal level, four organizations have the right to purchase on the market, namely:

1) US Department of Defense.

2) the national Aeronautics and Space Agency (NASA).

3) Energy Research and Development Agency (ERDA).

4) General Services Administration (GSA) - an organization that purchases for all other US departments products and services necessary for their functional activities. These departments carry out specific products independently.

The General Services Administration can be roughly compared to the former State Supply Administration. It was created in accordance with the legislation passed by Congress State Law 152, Federal Property and Administrative Services Act of 1949, following the report of a government commission (Hoover Commission). This government organization sets standards for government procurement and supplies for subsequent use, and enters into long-term contracts at set prices, centrally purchases and stores materials and equipment necessary to support the operation of the government apparatus (office supplies, computers, copying machines, etc.). ). It also centrally manages the entire fleet of vehicles owned by the US government, enters into contracts to supply federal buildings with electricity, etc.

Ministries and departments annually submit applications to the GSA for goods and services they plan to purchase, and then purchase them from the GSA at wholesale prices with a small premium to ensure the maintenance of the commodity distribution system.

Overall, because GSA purchases products in bulk through competitive bidding, overall costs are significantly reduced compared to if each agency purchased goods and services independently through small contracts or at retail.

Separately, we should consider the experience of the United States Postal Service (USPS), which is the largest government organization after the US Department of Defense and GSA. The organization is self-financing. GSA's annual procurement of goods and services reaches $55 billion. Under the Postal Reorganization Act of 1970, the United States Postal Service is allowed to create its own rules and regulations as a commercial enterprise. The service is exempt from many laws, rules and regulations relating to public procurement, such as the Contracting Competition Act with its policy of “full and open competition”. Procurement activities include equipment purchases, construction, and domestic mail contracts. The development of alternative means of communication such as fax, electronic information interchange, the Internet, telephone, video, expedited mail delivery and private delivery services has forced the Postal Service to act quickly and efficiently. And in achieving this, the procurement department has a major role to play.

It is necessary to dwell in more detail on the economic relations between two participants: the customer state and the contractor (executing organization) when implementing a government contract. Both participants are equal partners in the implementation of the government contract.

US law clearly formulates the responsibilities of the two parties, namely: “the supplier is obliged to sell private property or services, including construction, and the buyer, the government, must pay for them.”

And although the legislation defines the equal rights of the customer state and the contractor organization when performing a government contract, it should be noted that significant privileges and advantages belong to the customer state.

Federal contract law, which governs the relationship between the customer state and the supplier organization, provides for unilateral refusal of the order by the customer state. This is the fundamental difference between contract law in the private capitalist market, which regulates relations between individual supplying companies.

Thus, the economic and legal regulation of government orders, namely the procurement system, affects all aspects of US economic activity and allows the most efficient use of funds from the federal, state and local governments.

Acquisitions made by agencies on behalf of the US Government are regulated and supplemented by the FAR (Federal Acquisition Regulation).

Historically, the US government has shown a strong interest in streamlined procedures for acquiring goods and services. For a long time, the definition of “small purchase” was accompanied by quite specific instructions. More recently, the term "small purchase" began to correspond to a specific amount, which was $25,000. However, the procurement procedures were accompanied by cumbersome rules, forms, etc., and could not be completed quickly enough. And only very recently, Congress signed two laws that regulate a simplified procedure for purchasing goods and services:

Federal Acquisitions under the Streamlined Procedures Act 1994 (FASA).

Clinger-Cohen Act 1996.

These laws brought order to the public procurement procedure under a simplified system. Key value passed laws is as follows:

1) a definition is given to the new term “simplified procurement procedure”. Threshold values ​​of procurement volumes in monetary form correspond to their various types:

$100,000 - simplified procurement;

$25,000 small purchases;

$2,500 - micro-purchases.

2) the threshold for simplified procurement has been raised to $100,000.

3) it is allowed to carry out micro-purchases up to $2,500 from a single source.

4).The position of small businesses has been strengthened by law.

5) a requirement has been introduced to use electronic trading whenever possible.

One of the most interesting ideas for conducting public procurement is the use of spreadsheets with prices on the Internet to simplify access and cover a larger area.

An important change in FASA is the ability to make purchases of up to $2,500 without going through the cumbersome government contract process. Therefore, the laws adopted encourage buyers to strive for a simplified system of procurement procedures and effectively comply with the conditions of public procurement agencies. The old methods of conducting public procurement procedures (using cash - imprest fund, depositing deposits and written applications) are often giving way to oral and electronic applications. The simplified procedures are designed to reduce administrative costs, increase small business participation in procurement, support women's small businesses, increase efficiency and government contract savings, and most importantly avoid unnecessary hardship for agencies and contractors. Because of their cost savings, streamlined procedures continue to attract the attention of Congress, as well as other public interest groups interested in the efficiency of government procurement.

In the last decade, the experience of joint procurement by government organizations has become widespread. This practice of combining the needs for goods and services of two or more government non-profit organizations in the pool deserves attention. Its advantages:

1) lower prices.

2) improving quality through inspection and selection of suppliers.

3) reduction of administrative costs.

4) standardization.

5) better accounting of purchases.

6) competition.

Such pools have been successfully used by local governments, public schools and hospitals. In this case, the cost savings can be significant.

For example, three of the largest American hospital associations formed Premier Inc. The company negotiates with product manufacturers on behalf of 1,757 hospitals with total annual revenue of $589 billion. Premier Inc has already achieved savings of 25-30% in some cases. Analysts estimate that Premier Inc could save $2 billion in health care costs by 2000.

Among the problems that arise when combining joint procurement into pools are the following:

1) low quality products.

2) increase in delivery times.

3) availability of a limited number of goods.

4) increase in paperwork.

5) the inability of small business suppliers to compete in conditions of large supplies.

The Public Procurement Act requires that the contract be awarded to the "responsible" and "qualified" supplier who offers the lowest price. The purchasing department is constantly faced with a dual task. On the one hand, the civil servant must be quite aggressive in finding new sources of supply that meet the requirements. On the other hand, the purchasing department should exclude from the quotation list those suppliers who receive purchase orders and then fail to comply with the terms of the agreements. This is often referred to as "blacking out the supplier" or highlighting in "red". It is a legitimate practice for the decision to exclude a supplier from the list of bidders to be made based on the facts and figures of the supplier performance evaluation system developed by the purchasing department. A supplier that is removed from the list of bidders will be notified of this and the specific reasons. Thus, the list of companies offering their prices is constantly changing.

Public procurement has long gone beyond the scope of national legislation. It is known, for example, that the principles of public procurement are also regulated by international agreements within the EEC. In this organization, only 2% of orders are transferred to firms in countries that are not members of the EEC.

The public procurement market is most closed in Italy (Code Alba), where only 1% of the value of contracts goes to foreign suppliers. And although the British market is quite open, the share of foreign suppliers is only 5%.

The EEC has adopted directives that open up public contract markets for construction works(1971) and supply of goods and services (1977). In June 1987, at the initiative of the EEC, a program was adopted to unify the market for telecommunication services and technologies, which ensured 100% opening of these markets by 1992. This was due to the unification of technical characteristics of equipment to ensure compatibility, since adherence to common European standards (in those areas where they exist) is mandatory for supplier access to the market. Contracts for the production of weapons were and still remain outside the scope of the agreements.

According to EEC directives, all contracts of central and local authorities for the supply of goods over 200 thousand ECU are announced. For the work, the amount is set at 5 million ECU. It is believed, however, that on average across the EEC only 44% of central government purchases of goods and services fall within the scope of this Community Directive. In addition, according to GATT rules, central authorities must publish contracts for the supply of goods and services worth more than 150 thousand ECU.

In February 1990, a directive was approved, according to which, from the beginning of 1993, four more sectors were opened to competition for public procurement - water supply, telephone communications, transport and energy. Less economically developed countries of the Community (Spain, Greece and Portugal) are given the right to switch to new rules within 3-4 years.

The opening of the government procurement market within the EEC raises the issue of the rights of third-country companies. An applicant whose 50% of the contract value consists of goods and/or services produced outside the European Community is considered foreign. A preliminary agreement was reached that companies from EEC countries will have a 3-4 percent advantage over companies from countries that are not members of the Community. Thus, buyers receive the legal right to enter into agreements with companies from EEC member countries, even if they cost 3-4% more than if they entered into a contract with a company from a third country.

Liberalization of public procurement markets in the EU is a critical element in creating a single economic space. It is now generally accepted in the European Union that the costs of keeping public markets closed are very high. The EU Commission estimates the losses of the “closedness” of EU public markets at 20 billion ECU per year.

The most important result of liberalization of government procurement markets may be an increase in the level of concentration and specialization in industries required from the point of view of global competition. So far, suppliers of government contracts are characterized by large numbers, low levels of capacity utilization and relatively weak development of interrelations within the EU.

Based on the analysis of the experience of public procurement in countries with market economies, the following conclusions can be drawn:

1) the public procurement system is the most important lever of state regulation of the economy of any country.

2) with the help of public procurement, the government ensures the implementation of its economic and social programs, stimulates the development of certain sectors of the national economy, supports national producers in the face of international competition, ensures scientific research, the creation and implementation of new technologies, supports small businesses, etc. ., and also regulates some social processes.

3) the state, acting as the largest consumer of products from a number of industries, has a significant influence on the dynamics and structure of the economy. In EU countries, in key areas with a high degree of dependence on government orders (high-tech industry, heavy engineering), investment is seen as the main means of stimulation. Traditionally, in knowledge-intensive fields (aerodynamics industry, computer science, electronics), the share of government orders is about 40-50% of total production volumes, in construction - 25%.

4) the experience of public procurement as a system for organizing the logistics of public procurement allows the use of concepts accepted in this science - categories, concepts and methods. Modern logistics is a dynamic, constantly developing science, the field of interests of which includes large areas of economic activity.

5) the use of the logistics concept in the procurement system can significantly increase the efficiency of competitive procurement for public needs based on the principles of “systematicity, integrity, optimization of total costs,” i.e. by considering processes in a complex, from a systemic perspective.

6) public procurement logistics as a specific area of ​​logistics pursues the strategic goal of increasing the efficiency of the procurement process, i.e. maximizing the result of this process with minimal costs, thereby solving the information problem of logistics to reduce transactions.

Previous

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 taking only the first steps towards the implementation of this idea, then in the USA and other countries European Union They have been using high technology 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 the procedures and forms of contracts, as well as Information Support 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;
• -savings and efficiency, that is, ensuring the procurement of goods and services of the required quality at the maximum low prices with minimal procurement costs.

Electronic technology

The US government procurement system includes about 100 federal departments representing government, economic and scientific-technical complexes. They place orders for goods and services directly through the central federal body management, its 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 Procurement Data Center regularly publishes guidelines for reporting these 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, translation Money, 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 presented list, departments must have in electronic format 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 small unit value, concluded annually by federal departments (totaling about 200 billion dollars). The Central Information System of Federal Procurement is a source of consolidated information on government procurement.

Openness and accessibility

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

• - 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 for carrying 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 terms Applications of electronic trading are developed legislation in the field of regulation of the use of Internet technologies and communications, information protection, 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. Electronic version 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.