Note for Drafting Public Procurement Regulations

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.