Last Updated:
17 Jan 2021

Note for Drafting Public Procurement Regulations



1. Introduction 
Improving a government procurement regulatory framework calls for a number of actions 
intended to establish or reinforce government agencies’ efficiency and credibility, as well as the 
active involvement of business partners.
2. Scope of the law
The procurement regulatory framework should  preferably address all government 
contracts and not only those financed out of fiscal resources, and in particular it should 
encompass concessions “régies” and “ affermages” and more generally the operation of public 
services as defined in the EU Directive 93/38 ECC, given the risk that otherwise private interests 
and well protected situations  prevail over public interest.
3. Transparency
Transparent is best achieved by  government agencies through the use of  the following 
mechanisms:  effective advertising, public bid opening, objective bid evaluation criteria, award to 
the lowest evaluated bidder without negotiations.
Procedural rules play an important role (as would be the case in judicial proceedings) 
particularly when it comes to open competitive bidding.  In turn, these procedural rules impose 
the use of well-formulated bidding documents which will result in bid submissions that are free 
from qualifications.  The same rules should exclude any provision or mechanism that could affect 
the  transparency of the process.  Procurement procedures other than open competitive bidding 
must be restricted and contained within appropriate limits.