Contract as Purchasing Process Control Tool
https://doi.org/10.47361/2542-0259-2022-3-31-72-79
Abstract
The contract between the state customer and the contractor (supplier) is considered in the article, on the one hand, as a stage of making a management decision in the procurement process, and on the other hand, as an element of its control mechanism. The author structures the reasons for non-fulfillment of the contract, the costs associated with its implementation, considers its role and main features. A detailed study of the parameters of the types of purchases identified on the basis of the author’s classification allowed to justify the need for an individual approach to contract development in a number of them. For this purpose, the author has developed and presented in the article an algorithm for determining the need for an individual approach to the development of a state contract, the justification of the importance of the stage of concluding a contract in the process of procurement control by the customer is given. The approach proposed in the article to the organization of customer control is necessary for effective procurement management and is aimed at reducing risks and the number of terminated contracts.
About the Author
A. Ya. GellerRussian Federation
Stremyanny lane, 36, Moscow, 117997
References
1. Anchishkina O.S. National contract systems: russian crossroads // ETAP: Economic Theory, Analysis, and Practice. 2010;(2):4-33, (In Russ.)
2. Belov V.E. Delivery of goods, performance of works, provision of services for state needs: legal regulation / M.: Norma: Infra-M., 2011. 302 p., ISBN 978-5-91768-148-1, (In Russ.)]
3. Bondareva E.A. Formation and development of the Institute of Public Procurement in Russia // Electronic Bulletin of the Rostov SocioEconomic Institute. 2016;(3):30-37, (In Russ.), [Electronic resource] https://cyberleninka.ru/article/n/stanovlenie-i-razvitie-instituta-gosudarstvennyhzakupok-v-rossii, Аccessed: 20.01.2022)]
4. Bulgakov S.A. Study of the practice of forming the control environment of the internal control system in the implementation of the business process “procurement” // The Eurasian Scientific Journal. 2021;13(2):32, (In Russ.)
5. Vaypan V.A. Condition, problems and perspectives of contract system development // Journal of Entrepreneurship and Corporate Law. 2017;(4(8)):9-12, (In Russ.)]
6. Vovchenko N.G., Epifanova T.V., Gurin O.Yu. Institutional and organizational structure of the federal procurement system of the United States // Science Journal of Volgograd State University. Global Economic System. 2015;(2(31)):105-115, (In Russ.), DOI: 10.15688/jvolsu3.2015.2.11]
7. Geller A.Ya.,Sheloumov M.A. Change in the law No. 44-FZ in terms of the contract: acceptance, termination // State Order: management, placement, security. 2021;(66):32-41, (In Russ.)]
Review
For citations:
Geller A.Ya. Contract as Purchasing Process Control Tool. Russian competition law and economy. 2022;(3):72-79. (In Russ.) https://doi.org/10.47361/2542-0259-2022-3-31-72-79