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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.” But its redress segment remains a separate story.
Among the reform areas identified was the country’s publicprocurementsystem. The strategy outlined in the NACP aimed to establish a dedicated publicprocurement law and revamp existing procurement practices. However, the real challenge lies in translating these principles into effective practices.
Open contracting approach: Supported by OCP’s Lift Impact accelerator program from 2021, Ekiti State’s publicprocurement agency created better opportunities for small businesses and particularly women-led businesses, to participate in public contracts.
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. Participating in public contracting represents a massive opportunity for businesses, but one that many fail to seize.
Small businesses struggle to understand how to bid for public contracts and put time aside to apply to this market, especially as they normally don’t have someone dedicated to that tasks,” highlights Cristian Sosa, Vice President of Paraguayan business association ASEPY that supports smaller businesses.
They leveraged Paraguay’s high quality, publicly accessible open contracting data to measure the existing participation of these smaller businesses and to understand their challenges in working with government buyers. Fewer than 300 MSMEs participate in a procurement market worth almost US$3 billion annually.
in 2020 to 96% and single-bid tenders decreased across all methods – from 62.5% The measures seem to have increased trust in the reforms: more than 20,000 new suppliers have registered, competition is growing across open procurement processes, and supplier diversity is up 27%. Single-bid tenders decreased from 62.5%
Working with one supplier under single-supplier systems guarantees constant quality and easier administration. A multi supplier framework, structured into Lots where suppliers can bid for multiple sections based on their qualifications, brings flexibility and competition, making it advantageous for newer businesses.
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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