ON THE ROLE OF STANDARD CONTRACTS IN THE STANDARDIZATION OF PUBLIC PROCUREMENT

The article discusses the problems of applying standard contracts in the context of the ongoing digitalization of public procurement, carried out through the transition to digital (machine-readable) government contracts. Hypotheses are put forward to recognize the process of developing standard contracts without taking into account the opinions of interested parties as a significant obstacle in the preparation of a public contract, as well as the possibility of reducing procurement preparation costs by making model contracts advisory in nature. These hypotheses are tested through a survey and extended interviews, which have shown that it is possible to fully implement the idea of giving a standard contract a recommendatory status if the law includes a rule on automatic compliance with the requirements imposed on the contract in the case of using standard contracts or standard contract terms. It is concluded that it is possible to create a unified contract structure for forming a contract from standard formulations, as well as to create universal uniform terms of a standard contract applicable to any contracts and embed them into a structured notice to speed up the procurement process. Keywords: standard contract; standard terms of contracts; digital contract; contract management; smart contract.

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Publication Details

Journal
Public Administration Issues
Published
2025-03-28
DOI
https://doi.org/10.17323/1999-5431-2025-0-1-116-141
Primary Topic
Public Procurement and Policy
Type
article
Field-Weighted Citation Impact
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article

ON THE ROLE OF STANDARD CONTRACTS IN THE STANDARDIZATION OF PUBLIC PROCUREMENT

Olga I. Lyutova, Vitaly R. Bayrashev
Public Administration Issues
Public Procurement and Policy
article

ON THE ROLE OF STANDARD CONTRACTS IN THE STANDARDIZATION OF PUBLIC PROCUREMENT

Olga I. Lyutova, Vitaly R. Bayrashev
article en

Abstract

The article discusses the problems of applying standard contracts in the context of the ongoing digitalization of public procurement, carried out through the transition to digital (machine-readable) government contracts. Hypotheses are put forward to recognize the process of developing standard contracts without taking into account the opinions of interested parties as a significant obstacle in the preparation of a public contract, as well as the possibility of reducing procurement preparation costs by making model contracts advisory in nature. These hypotheses are tested through a survey and extended interviews, which have shown that it is possible to fully implement the idea of giving a standard contract a recommendatory status if the law includes a rule on automatic compliance with the requirements imposed on the contract in the case of using standard contracts or standard contract terms. It is concluded that it is possible to create a unified contract structure for forming a contract from standard formulations, as well as to create universal uniform terms of a standard contract applicable to any contracts and embed them into a structured notice to speed up the procurement process. Keywords: standard contract; standard terms of contracts; digital contract; contract management; smart contract.

Public Administration Issues(1)
National Research University Higher School of Economics (RU)
Openalex Percentile: Top 91%
Public Procurement and Policy
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ON THE ROLE OF STANDARD CONTRACTS IN THE STANDARDIZATION OF PUBLIC PROCUREMENT — Olga I. Lyutova, Vitaly R. Bayrashev · Public Administration Issues (2025) | TGRS Research Map | TGRS