Regulation and Auditing of Public Procurement

Collection of Cases and Practices of Regulation and Auditing of Public Procurement

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Regulation and Auditing of Public Procurement

Collection of Cases and Practices of Regulation and Auditing of Public Procurement

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Public procurement

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Public procurement is the process of acquiring goods, works (construction) and services by the state in order to achieve its objectives. The government, various national, regional and municipal authorities, government-controlled enterprises, as well as other entities using funds from budgets of various levels and subject to applicable rules and regulations in the field of public procurement may act as contracting entities (procuring entities).

By its very nature public procurement covers virtually all areas of society — from education, science and health care, to the development of the transport system and other infrastructure, defense and law enforcement issues, urban development, etc. Given the importance of public procurement in achieving economic outcomes and good governance, governments use procurement as a strategic tool to achieve complementary policy objectives to address environmental, economic and social challenges, in line with national priorities. Thus, they are one of the most important public policy tools, in particular, for achieving national development goals, including the 2030 Agenda for Sustainable Development.

The public procurement sector is linked to the broader subject of public-private partnerships (PPP). In its turn, PPP covers many more forms of interaction between the government and the private sector, however, most commonly, it covers issues related to the infrastructure development (transport and social infrastructure). In addition, one of the PPP main objectives is to develop medium- and long-term relationships between the public and commercial sectors, while the planning horizon for procurement activities is typically limited.

Public procurement objectives can only be achieved if the following key principles are observed:

Open participation and competition

Open participation and competition. This principle implies that all potential qualified suppliers should be allowed to participate in public procurement procedures, except in special, regulated and justified circumstances that allow for exceptions.

The overall size of global public procurement sector represents between 13% and 20% of global GDP or USD 9.5 trillion.

Such variation of data can be attributed primarily to a different share of public procurement and the public sector in general in different countries. An important fact is that the share of government procurement in GDP in developed countries is higher than in developing countries. A good example of an independent estimation of public procurement size is a study by Open Contracting Partnership. It estimated that the public procurement sector was worth more than USD 13 trillion by 2020.  However, open data from national sources covered contracts worth just over USD 362 billion.  Of the total USD 13 trillion, more than USD 10 trillion was accounted for by 16 countries. Among them China (USD 4.2 trillion) and the United States (USD 1.8 trillion) account for the largest expenditures. In addition, the countries with the largest amount of spending on public procurement are Japan, Germany, India, France, the United Kingdom, Indonesia, Canada, Italy, the Republic of Korea, Australia, Brazil, the Netherlands, Russia and Spain.

The sectoral distribution of the volume of public procurement expenditures is also uneven. For instance, in 2023, the bulk of procurement in the member countries of the Organization for Economic Cooperation and Development (OECD) was in the health sector (31.9% of the total procurement volume). Also, a significant volume of procurement falls under the following categories: “National Economy” (16.4%, including expenditures on infrastructure, transport, energy, research and scientific development, etc.), “Education” (10.7%) and “National Defense” (9.9%). In a number of other countries, the distribution of expenditures by area may vary, however, the main categories remain the same.

Public Procurement in OECD Countries by Sector (in %)

Healthcare 32%

National Economy 16%

Education 11%

National Defense 10%

Social security 10%

Other 21%

Accurate estimation of government procurement volumes may be challenging due to several factors.

Large amount of data required for accounting and analysis

Given that public procurement includes both the procurement by a large number of national, regional and municipal authorities, as well as by state-owned companies and other authorized legal entities, collecting data on all contracts is a difficult task.

Most countries face similar problems in organizing the procurement process

Typically, these problems are boiled down to excessive and sometimes inadequate regulation in terms of achieving state goals and objectives, as well as difficulties related to precise and strict adherence to existing procedures; lack of information among potential suppliers; lack of personnel qualified in public procurement, problems related to preparing the relevant documentation and reporting. These problems may be solved, on the one hand, by simplifying the procurement process, which should be accompanied not only by the introduction of new technologies and solutions, but also by changing the approach to public procurement. The successful examples of new approaches to public procurement involve practices employed by the private sector, such as trading platforms (or marketplaces), the use of framework agreements and dynamic procurement systems.

At the same time the public procurement sector actively adapts to changes and challenges. The process is greatly influence by technology, social, economic, ecological and other factors impacting the societal needs. The key trends in public procurement include:

Growth of public procurement sector

The growth of public procurement sector, both in absolute and relative terms. The most vivid example thereof is that of the OECD member countries, where the volume of public procurement grew steadily from 11.8% of GDP in 2007 to 12.9% in 2021. In many respects, the growth of the public procurement sector is due to measures to support economic sectors after the financial and economic crisis of 2008-2009 and the COVID-19 pandemic.

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Collection of Cases and Practices of Regulation and Auditing of Public Procurement

Cases

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