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A minor deviation would be declared on a requirement if it does not result in a disadvantage against the procurement entity such as reducing the quality of the required goods , works or service, or violate the rights of other bidders. phocadownload/Determination/pdf. phocadownload/Determination/pdf.
Introduction This article is based on the review of standard bidding documents from several organizations including the World Bank , Millennium Challenge Corporation , the PublicProcurement and Concession Commission of the Republic of Liberia , and PublicProcurement Authority of Ghana.
Over the weekend it was news in Portugal that the tender for 117 trains had been challenged in court by CAF and Stadler, two of the economic operators which presented themselves. In and of itself, this is unsurprising since by default most tenders in Portugal are challenged in the courts since it is relatively cheap and easy to do so.
On my previous post about *that* train tender in Portugal, I argued that it was quite possible the contract involved a State Aid angle but stopped short of making a more definitive or certain claim. So why would the others miss the opportunity that the Alstom-led consortium spotted?
Publicprocurement is like the heartbeat of public spending in most of Africa – by some estimates, it accounts for 17% of the GDP of African Countries. Procurement was long seen as a clerical administrative function, rather than a strategic lever. This was not always the case.
Government expenditure through publicprocurement is essential since it ensures that there are contracts available to be bid in a fair, open, and competitive manner. Having a solid understanding of publicprocurement principles enables procurement professionals and suppliers to confidently navigate public sector procurement.
Competition in publicprocurement is not limited to financial competition; it is a key source of innovation and guarantees the fair allocation of public contracts. If not resolved quickly, these issues could lead to higher costs, less innovation and missed opportunities to improve public services.
This guest post by Dr Matthew Paris* and Dr Zack Esmail** complements some of the earlier guests posts on AI use in the public sector by focusing on the use in publicprocurement and, in particular, in the review of procurement decisions. Such an inflexible state of affairs may do well in the bulk of tendering processes.
The FCDO-funded (formerly DFID) project “ Curbing Corruption in Government Contracting ” releases the contracting datasets collected from national publicprocurement portals in 10 low and middle income countries: Chile, Colombia, India, Indonesia, Jamaica, Kenya, Mexico, Paraguay, Uganda and Uruguay. tax haven registration).
Winning management consultancy contracts via competitive tender can be lucrative yet challenging. This article provides a comprehensive guide for consultancies on improving their chances of success when bidding for management consulting tenders, whether from government entities, NGOs, or private sector companies.
On August 17, 2023, CABEI issued publictender notice number 038/2023, entitled “Preparation of the Feasibility Study and Final Design for the Integrated Solid Waste Management System of Guatemala City.” You can find the Terms of Reference of the publictender at this link. appeared first on BLP Legal.
The publicprocurement process is often delayed for different reasons. Such delays may damage the Procuring Entity ’s reputation and are a waste of scarce public resources; additionally, contracts are not awarded on time and this results in poor delivery of public goods and services.
Publicprocurement needs to be more transparent, efficient, and accountable to tackle the major social and economic challenges faced by governments across the world. I have had opportunities to support more than 60 countries across the globe in reviewing and advising their e-procurement (e-GP) initiatives.
The Government of Guatemala promotes two competitive publicprocurement events (tenders) for the construction or expansion of hospitals, with financing from the Central American Bank for Economic Integration (CABEI). Significantly, the winning bidders must ensure the availability of funds during the contract’s term.
Chile’s publicprocurement agency, ChileCompra, created its “ Public Contracting Observatory ” service in 2012 to detect, prevent, and fix irregularities in government contracting procedures. million relates to open tendering processes that were awarded, US$17.7 It’s not an easy task,” says Moreno. Of these, US$19.5
Results: A year after the new procurement law was passed, the publicprocurement agency (DNCP) is using machine-learning to identify tenders that are most likely to be awarded to smaller businesses. Firstly, they gathered the three key publicprocurement actors in the same team and aligned on the same vision.
Paola Diegues is a self-proclaimed publicprocurement enthusiast. Their business facilitates access to procurement information, providing powerful analytics that help companies to search for new opportunities, prepare bids, and evaluate their performance on past tenders. They currently service 30 clients in Latin America.
Most Economically Advantageous Tender (MEAT) is the measure for selecting the best out of the incoming bids based on factors that are related to the subject matter of the contract. This criterion of selecting the tender was announced by European Parliament in January 2014. Tender Evaluation is done as an aggregate of both aspects.
VIGIA is a unique initiative that allows entrepreneurs to easily find publicprocurement business opportunities in Paraguay, as well as provide real-time high-quality feedback about irregularities. Instead, we found that involving entrepreneurs’ knowledge could prevent issues in specific tender processes.
For further information on publicprocurement in Scotland please visit www.gov.scot/procurement Please email enquiries to scottishprocurement@gov.scot Follow us online: Single speaker transcript, Nick Ford: Hi everyone. This month, we published AI guidance to both the Procurement Journey and the Supplier Journey.
PublicProcurement Report The latest National Audit Office (NAO) report provides detailed recommendations for UK Government departments’ to maximise the benefits of effective competition when they run publicprocurement processes.
Enhancing the transparency of government in general and of publicprocurement processes in particular has been increasingly on the agenda of governments, civil societies and businesses as evidenced by initiatives such as the Open Government Partnership which has seen 70 OGP members making 189 open contracting commitments by March 2019 [1].
Step 1: Post Solicitations Online Public notification of bid opportunities is a cornerstone of publicprocurement in most developed countries. Vancouver also provides a budget estimate and a bidders list. Many public agencies are required to publish planholder lists for construction projects.
It may also be called the most economically advantageous tender (MEAT). Synonymous terms are quotation review panel, bid review board or tender review committee, to name a few. A price reasonableness analysis is also done to ascertain that the price of the recommended bidder is fair given the prevailing market conditions.
Challenge : The City of Des Moines in Iowa wanted to leverage procurement to improve equity and sustainability, but knew its current procurement processes and tools were insufficient. The city had no central online platform for identifying tendering opportunities. Des Moines bought its first electric garbage truck.
Even if they may seem two – rather disconnected – areas of legal practice, reading cases on EU publicprocurement and on EU trademark law sometimes offers interesting insights into broader issues of EU economic law or, more generally, EU law.
The PublicProcurement Glossary Publicprocurement can feel like a maze of unfamiliar terms and endless abbreviations. Thats exactly why this Publicprocurement glossary existsto make things simple. What Is PublicProcurement? E-Procurement It is the digital way of handling public purchasing.
When I published my first entry into the Portuguese train tender , I received an email tipping me off to a potential other issue with it. A couple of caveats here though: I'm a lot less comfortable discussing state aid than I am publicprocurement since my expertise is in the latter. Or so it would seem at first glance.
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in publicprocurement procedures. 1) (‘the Financial Regulation’).
Transtejo, the public company who runs the ferries in Lisbon acquired 10 electric ferries to renew its fleet with the Portuguese Audit Court torpedoing the whole thing when running its legality assessment of the contract(s). The company doesn’t bite and both attempts fail.
As these common “green procurement” strategies are adopted by governments around the world, the UN Commission on International Trade Law (UNCITRAL) model law on publicprocurement , last revised in 2011, could be updated to facilitate implementation. Contractor ¶ 60 (Thomson Reuters, 2024).
Step 3 Posting Once the procurement document is developed and approved it is posted online for bidders to respond. The posting time is determined primarily by the procurement’s estimated value. During posting there is an opportunity for bidders to submit questions. The RFx may include a bidder information session.
It was announced yesterday that the Portuguese train company (CP) chose a consortium headed by Alstom as the preferred bidder for its first major train procurement contract in many decades. The procurement procedure was launched in December 2021 and adopted a MEAT approach for the award criteria. This is for two reasons.
In the above example success is measured by the bidder meeting the technical specifications, including on time delivery at or below the approved procurement value. If there is a good understanding of the number of potential bidders and their capacity this minimizes the requirement for market analysis.
Collective agreements offer some predictability, but lump sum tendered bids often must guess the future and buffer to avoid loss. Bidders add money to bids to avoid potential losses. PublicProcurement in Canada Certified procurement professionals play a pivotal role in the publicprocurement world.
The 2020 European strategy for data ear-marked publicprocurement as a high priority area for the development of common European data spaces for public administrations. As the PPDS Communication stresses To unlock the full potential of publicprocurement, access to data and the ability to analyse it are essential.
While it is plain that only economic operators from covered third-countries have a legally enforceable right to participate in publictenders on equal terms, it is by no means clear that other economic operators must necessarily be excluded from participation. Commentary on Directive 2014/24/EU (Edward Elgar 2021) 274-286.
As many as 90 cases of suspected fraud in publicprocurement were reported to the National PublicProcurement Agency (LKPP) in 2021, according to an analysis by Indonesia Corruption Watch (ICW). Tracking down the evidence can also be a difficult and slow process, and it can take years to reach a final outcome.
Kigali is the center of Africa’s publicprocurement community this week. In time for this year’s Africa PublicProcurement Network conference, hosted by Rwanda’s PublicProcurement Authority (RPPA), the agency has developed a new open contracting portal that allows anyone to access data on government contracts dating back to 2016.
I was invited to provide an entry on ‘publicprocurement’ for the forthcoming Elgar Encyclopedia of European Law co-edited by Andrea Biondi and Oana Stefan. things going on in procurement. PublicProcurement I. Below is my draft entry with perhaps an eclectic choice of content.
This means selecting the right procurement tool. If it is material or product, and I only want one evaluation criteria to be used, which is the lowest bidder, I issue a Request for Quote (RFQ) or Request for Tender (RFT). PublicProcurement In Canada: Procurement professionals play a pivotal role in the publicprocurement world.
Sometimes, the stated insurance dollar limits are too high given the actual risk and can exclude qualified bidders. Including the contract or the form of agreement in the bid document allows bidders to understand the proposed contract and decide if they want to submit a bid. Sometimes the request is minimal and other times substantial.
This Op-Ed is based on the assumption that publicprocurement law is not and cannot be insulated from these changes – veritable seismic shifts – and from recent policy and normative actions taken by EU institutions. The Council also called ‘for resuming discussions on the EU’s international procurement instrument’ (see here ).
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