Region: Global
Country: Global / Non-Specific
Topics: Procurement
Keywords: Legal Framework, Legal issues
Document(s):
Note for Drafting Public Procurement Regulations bytes
Document Details:
1. Introduction
Improving a government procurement regulatory framework calls for a number of actions
intended to establish or reinforce government agencies’ efficiency and credibility, as well as the
active involvement of business partners.
2. Scope of the law
The procurement regulatory framework should preferably address all government
contracts and not only those financed out of fiscal resources, and in particular it should
encompass concessions “régies” and “ affermages” and more generally the operation of public
services as defined in the EU Directive 93/38 ECC, given the risk that otherwise private interests
and well protected situations prevail over public interest.
3. Transparency
Transparent is best achieved by government agencies through the use of the following
mechanisms: effective advertising, public bid opening, objective bid evaluation criteria, award to
the lowest evaluated bidder without negotiations.
Procedural rules play an important role (as would be the case in judicial proceedings)
particularly when it comes to open competitive bidding. In turn, these procedural rules impose
the use of well-formulated bidding documents which will result in bid submissions that are free
from qualifications. The same rules should exclude any provision or mechanism that could affect
the transparency of the process. Procurement procedures other than open competitive bidding
must be restricted and contained within appropriate limits.
Updated: October 25, 2021