This Anti-Corruption Helpdesk brief was produced in response to a query from the European Commission. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
Query
Can you please provide an overview of the main international or European instruments and principles related to monitoring public procurement and awarded contracts, including information on sanctions (for example administrative sanctions, cancellation of contracts) and means to challenge procurement processes and concessions?
CONTENT
1. Instruments and general principles applicable throughout the procurement process
2. International standards for monitoring the award and implementation of public contracts
3. Sanctions
4. Remedies for procurement decisions
5. References
SUMMARY
Public procurement monitoring is instrumental in ensuring the most efficient use of public funds. Standards put forward by international treaties as well as international and non-governmental organisations have highlighted the importance of establishing mechanisms for internal and external control exercised by independent auditors, bidders and competitors, and civil society, among others, covering all phases of the procurement process, including the contract implementation.
Moreover, there are several international and European standards relating to procurement monitoring and sanctioning in case of corruption. Common elements include the need for internal controls and external audits, as well as autonomy of oversight units. The strongest instruments also require the involvement of civil society and the systematic blacklisting of companies involved in wrongdoings.
In addition, international standards require states to implement effective redress mechanisms to any person having or having had an interest in obtaining a particular public procurement contract, and who has been or is liable to be harmed by an alleged infringement.
Authors
Maxime Agator, Transparency International, [email protected]Reviewers
Marie Chêne, Transparency International; Peter Tausz, Transparency International; Robin Hodess, PhD, Transparency InternationalDate
24/06/2013
