What Role Do Competition Law Principles Play In Public Procurement

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The main goal of public procurement is to achieving best value for money. In general, an efficient public procurement system enhances a government’s public welfare role. Competition is the key to ensuring governments and citizens get the maximum value of money in the process of public procurement.

1. Author: Behzad Ghorbany Darabad
2. Publish Year: 2017

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Posted in: Government LawShow details

International Precedents- Codified procurement law governs public procurement in the US, the EU, Canada, South Korea and even China, Afghanistan, Bangladesh, and Nepal. The last three countries have based their laws on the pattern of the UNCITRAL Model Law on Public Procurement. Vide the finding by the OECD in its 2010 report ‘Policy Roundtables – Collusion …

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Competition concerns in public procurement are primarily internal or restricted to each of the tenders or ‘competitions’ and only focus on the effects in the markets concerned sparingly. Nevertheless, there is an increasing trend to take ‘pure’ competition considerations into account when analysing procurement cases under EC law.

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Safeguarding free competition is one of the guiding principles of the regulations on public sector procurement, and is present indirectly in the rest of the principles that inspire those rules, including free access to tenders, publicity and transparency of the procedures, non-discrimination and equal treatment of candidates.

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Both public and private organizations often rely upon a competitive bidding process to achieve better value for money in their procurement activities. Low prices and/or better products are desirable because they result in resources either being saved or …

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Procurement Principles Treasurer’s Instruction PF-1 Procurement Framework - Procurement Principles applies. Value for money Value for money means achieving the desired outcome at the best possible price by weighing up the benefits of the purchase against the cost of the purchase. It does not necessarily mean purchasing

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the fundamental principles of transparency, competition and objective criteria in decision making1. According to the convention, signatory parties should take the necessary measures to ensure the adequate distribution of information related to public procurement and relevant pre-defined criteria with regard to the award of public contracts. The availability of redress …

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The basic idea behind this principle is that competition leads to reasonable price, quality and is good for the economy; consequently, the public procurement process should not be manipulated to give preference to any particular firm(s) or individual(s). And given that public procurement is funded with tax payers’ money, all qualified firms and individuals should […]

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Principles of public procurement: the basis for good performance. Daniel Ivarsson, OECD/SIGMA . Istanbul, May 27-30, 2014 . A joint initiative of the OECD and the European Union, principally financed by the EU Context: the need for good public administration • EU accession: emphasis on rule of law, proper governance, well performing institutions • Public

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Competition law - the basics. Firms involved in anti-competitive behaviour may find their agreements to be unenforceable and risk being fined up to 10% of group global turnover, as well as exposing themselves to possible damages actions. Individuals could also find themselves facing director disqualification orders or even criminal prosecution

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The use and roles of ethical codes in procurement and supply Ensure that you comply with ethical practices when sourcing goods or services for your organisation The use of documented policies and procedures to ensure ethical and responsible practice throughout the procurement and supply process, such as: • The responsibilities for procurement • Regulations relating to …

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Actors play an active role in the procurement process, while stakeholders a more passive role. Actors are also stakeholders because of the benefits they derive from the use of public goods and services. Beneficiaries of Public Procurement. All inhabitants of a country are beneficiaries of the public procurement system through public goods and services available and provided …

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In general, competition law and public procurement intersects at two points: 1) tackling anticompetitive practices (or bid rigging) in public tenders and 2) dealing with distortions of competition created by public institution actions or regulation. Bid rigging refers to anticompetitive agreements which fall under Article 101 TFEU.

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(iv) Competitive bidding in public sector procurement usually ends with the lowest price bidder getting the award of the purchasing firm gains a population for negotiation with the towers bidder after bids are opened. This will make future bidders not to offer their best price initially, believing that they do better in any subsequent negotiation. They will adopt a system of submitting a bid

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Public sector procurement is subject to a legal framework which encourages the free and open competition and value for money mentioned above, but is also compliant with internationally and nationally agreed obligations and regulations.

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developing society and nation. As a matter of fact, public procurement has come to play a major role in making society better, and thus, there has been much research in public purchasing and its efficient operations. However, while many people have discussed the effects of public procurement in many related issues and areas, little research has been done on the broad …

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Frequently Asked Questions

What role do competition law principles play in public procurement?

What role do competition law principles play in public procurement? Public procurement law is based on the free movement principles of the Treaty on the Functioning of the European Union (TFEU). It requires equal treatment and transparency in public tendering.

What are the procurement principles and rules?

Procurement Principles and Rules are based on the need to achieve economy and efficiency in both public and private sector operations, and transparency and accountability in public administration. Competition is the proven way to do this and a fundamental principle of good procurement practice.

What is the purpose of public procurement law?

What is public procurement law? Public procurement law regulates the purchasing by public sector bodies and certain utility sector bodies of contracts for goods, works or services. The law is designed to open up the EU's public procurement market to competition, to prevent "buy national" policies and to promote the free movement ...

What is the procurement legal framework?

Public procurement is governed by the procurement legal framework, which is a law or regulation (or part of a law or regulation) that is sanctioned by the judicial system of a particular country. This sets the rules for the management of public procurement.

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