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Damages as a Legal Remedy in Bid Challenges (EU) Alice Lea Nikolay, LL.M. of the University of Vienna (WU), from the Institute for Austrian and European Public Law , presented on “Damages as a Remedy – Recent Developments and Future Perspectives.” In short, the environment denotes a concerning lack of consistency.
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.
The publicprocurement agency improved access to information about upcoming opportunities for women-led and small businesses and conducted training to improve their capacity to respond. The bidding process was also restructured to lower the barriers for such businesses to register and submit bids.
The team developed a three-pronged strategy: talk to MSMEs and build their capacity to bid on contracts; simplify the bidding process for smaller businesses; and use innovative technology to better measure and manage opportunities for small business vendors. and the total value awarded to MSMEs has remained steady.
This is further developed into policies and procedures, procurement and contract administration manuals and guidelines, including standard bidding documents which are used for inviting bids and proposals. Adherence to the publicprocurement rules is obligatory and infractions are punishable by law.
Pre-negotiated terms are provided that reduce the complexity for contracting authorities in procurement whilst allowing suppliers to capture opportunities more efficiently. These agreements take on even greater importance under the Procurement Act 2023, with greater emphasis on transparency, competition and sustainability.
Importantly, the top three layers are centralised and the European Commission has responsibility (and funding) for developing them, while the bottom data layer is decentralised, with each Member State retaining responsibility for digitalising its publicprocurementsystems and connecting its data sources to the PPDS.
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