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

European Law: Public Procurement

Reading the Evropaïki Dynamiki (ESP-ISEP) Judgment, one cannot but wonder if EU public procurement rules do not still impose an excessive degree of transparency in the debriefing of disappointed bidders. Public Procurement and the EU Competition Rules (Oxford, Hart Publishing, 2011) 358-9].

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The power of procurement data: How one villager unveiled a corruption scandal

Open Contracting Partnership

Concerns were raised over suspicious tendering practices such as short bidding periods, overly rigid specifications, and potential collusion. The discovery of the overpriced lamp posts is just one example that shows how increasing transparency and opening up data on government spending can lead to more accountability in public administration.

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A red light for corruption: How the Dominican Republic is using open data, better processes & collaboration to fight corruption

Open Contracting Partnership

The island’s procurement agency faced more than 250 open complaints and allegations of collusion and low competition in the procurement process. A focus on integrity and transparency “When we started on Monday, 17 August 2020, the main challenge was linked to credibility and a lack of trust,” Pimentel reflects.

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ProcureWare Product Tip – Automatically log all incoming and outgoing vendor emails

Procureware

The new Two-Way Messaging feature is just one example of how ProcureWare transforms sourcing operations to save buyers time, foster greater collaboration, reduce risk, and increase transparency. Like all ProcureWare features and modules, it is available at no extra cost to ProcureWare users.

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Two roles of procurement in public sector digitalisation: gatekeeping and experimentation

How to Crack a Nut

Procurement is thus seen as a mechanism of ‘regulation by contract’ whereby the public buyer can impose requirements seeking to achieve broad goals of digital regulation, such as transparency, trustworthiness, or explainability, or to operationalise more general ‘AI ethics’ frameworks.

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Digital procurement, PPDS and multi-speed datafication -- some thoughts on the March 2023 PPDS Communication

How to Crack a Nut

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. However, data from only 20% of all call for tenders as submitted by public buyers is available and searchable for analysis in one place [ie TED].

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What is the FAR: Your Guide to the Federal Acquisition Regulation

Select GCR

For instance, FAR includes a provision at 52.203-2, Certificate of Independent Price Determination, which ensures independent bids and prevents collusive pricing in government contracting. Handling Personal Conflicts of Interest The FAR takes a proactive stance when it comes to managing personal conflicts of interest.

Ethics 52