Public procurement is the regulation of principles, rules and procedures applied to States in order to implement efficient processes when acquiring goods, services or works, and comply with its’ policy objectives.1 Each public procurement law shall be analysed in accordance with the terms of the particular State or international organization.
II. Doctrinal scope
Several approaches have been made with regards to Public Procurement. Different topics are applicable to this concept, such as ADR,2 Corruption,3 Arbitration,4 and International Law.5 Given the globalization of contractual and non-contractual obligations, doctrine has developed a common approach in which it is publicly discussed whether States should or not develop global Public procurement regulations so that contractors and other interested parties have a common framework despite the nuances of the State involved.
III. Public procurement principles
Public procurement has a few principles which illustrate the scope of its’ application. These set of rules have been explained in different instruments such as the General Agreement on Trades and Tariffs,6 the Revised Agreement on Government Procurement,7 the European Union Directive 2014/24/EU,8 the North American Free Trade Agreement (NAFTA),9 the Common Market for Eastern and Southern Africa (COMESA),10 the Asia-Pacific Economic Cooperation Forum (APEC)11 and the Organization for Economic Co-operation and Development (OECD).12 These Agreements have been a common framework in which States around the world may adjust their local public procurement rules.
In short, the principles are as it follows:
IV. Case law
Bovis, C., Liberalising Public Markets in America: The North American Free Trade Agreement (NAFTA) Government Procurement Code, 1993, p. 115.
Williams-Elegbe, S., Fighting Corruption in Public Procurement: A comparative analysis of Disqualification or Debarment Measures, 2012, 1-299.