COMPARATIVE ANALYSIS OF FOREIGN PRACTICE OF JUSTIFICATION OF THE INITIAL MAXIMUM PRICE OF THE CONTRACT IN THE PUBLIC ORDER PLACEMENT SYSTEM
Abstract
The paper highlights the main aspects of the formation and justification of the maximum price when placing a state order by participants in the contract system of foreign countries. The analysis of the best practices in public procurement is described on the example of countries such as the USA, Canada, UK, France, Brazil, Australia. Differences in comparison with the domestic practice of justifying the initial maximum price are revealed, associated with the obligatory survey of participants in the procurement procedure by government customers, with explanations of the decision taken by the commission of the government customer. The work reflects foreign analogues of the concept of the initial maximum contract price used in Russian practice, which are subject to the principles of agreeing a reasonable and fair price, as well as the open and hidden nature of the reserve price. The essence of the concept of the preliminary price of a state contract mentioned in the directives and guidelines of the European Union is revealed. The article reveals the factors enshrined in foreign regulations that prevent the formation of an equilibrium market price in the system of placing a government order, associated not only with a conflict of interest, but also with the unjustified provision of cost and non-cost benefits