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Converting a Procurement from Sealed Bidding to Competitive Proposals

Public Contracting Institute

19, 2023, the Government Accountability Office (“GAO”) held that the Army Corps of Engineers (“Corps”) had made an impermissible conversion to competitive proposals (negotiated procurement) and sustained a protest. The cost of this project would be shared equally with New Jersey pursuant to the Water Resources Development Act of 2007.

Bidding 52
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Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?

European Law: Public Procurement

On the other hand, excessive disclosure of information can increase market transparency and be used as a means to collude or to reinforce collusion by tenderers. Therefore, rules on disclosure of information should take into account their potentially restrictive or distortive effects on competition.