Public Procurement Law Lexicon

Public Procurement Law

Public Procurement Law: Transparency, Competition and Efficiency

Public procurement law is the set of rules that prescribe for the state and its subdivisions - although many a dispute already begins with the applicability of the provisions of public procurement law - a certain procedure for the procurement of goods, commodities or services of any kind. It also includes the rights and procedural rules that grant legal protection to applicants, bidders and contractors.

At its core, public procurement law is designed to ensure compliance with the principles of competition, transparency and equal treatment. It regulates how contracts for works, supplies and services are to be awarded. At the same time, public procurement law is intended to help structure the public purchaser's procurement and make it as efficient as possible. The contracting authority should be able to find the most suitable bidder to meet its requirements and benefit from the best price-performance ratio.

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Procurement law is a complex field, but with the right strategies and understanding of the principles, you can avoid many common mistakes. Here are some general tips on how to properly apply procurement law:

Understand the basic principles: Procurement law is based on the principles of transparency, non-discrimination and equal treatment. Make sure you adhere to these principles at every step of the process.

Accurate preparation of the RFP: Thorough preparation of the RFP documents and design of the RFP is critical. The terms of reference should be precise, unambiguous and clear. All relevant requirements and criteria should be clearly presented.

Compliance with deadlines: Public procurement law has strict deadlines for various phases of the procurement process. Ensure that you correctly identify these deadlines, comply with them and, in particular, allow sufficient time for the preparation and submission of bids.

Documentation: Each step of the procurement process must be properly documented. This creates transparency and can help get over any complaints from bidders or applicants and/or avoid litigation in the best case scenario.

Fair and transparent bid evaluation: Ensure that all bids are evaluated according to the same criteria and that the process is fair and transparent. The evaluation criteria should be clearly presented as soon as the procurement notice is published.

Communication: keep communication with bidders open and clear throughout the procurement process. Address any questions or concerns that bidders and applicants may have. This helps avoid misunderstandings and creates a climate of trust.

Legal advice: Procurement law is complex and it can be helpful to seek legal advice. An attorney or procurement specialist can guide you through the process and help you avoid legal pitfalls.

Continuing Education: Because procurement law and best practices for applying it are constantly evolving, it is important to continually educate yourself and stay current.

Ultimately, success in dealing with procurement law depends on understanding the relevant laws and regulations, thorough preparation, and implementing transparent and fair procedures.