Public procurement law and corruption

This Anti-Corruption Helpdesk brief was produced in response to a query from one of Transparency International’s national chapters. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.

Query

Can you please provide information regarding good practice and standards in public procurement laws?

Content

1. Good practice in public procurement legislation 

2. Procurement law and corruption: general provisions

3. Procurement law and corruption: planning phase 

4. Procurement law: regulating the tendering phase

5. Procurement law and the post-award phase

6. Other issues to be considered in public procurement laws

7. References

Summary

The existence of an adequate legal framework is the very first step to limit corruption opportunities in public procurement. While procurement laws should be designed in accordance with the country’s context and legal tradition, there are some general issues that should be covered by all procurement regulations. They include, for instance: clear and objective rules regarding the available procurement methods and the grounds under which each of them should be used; transparent rules on the bidding process, including time limits, tender documents and contractor qualifications; and the evaluation criteria of bids and bidders.

Moreover, procurement laws should regulate complaint and redress mechanisms, sanctions for non-compliance, and provide for the effective monitoring of awarded contracts through, for instance, proactive disclosure rules and the participation of civil society as a watchdog. Other issues to be covered by procurement laws include measures to ensure the integrity of procurement officials and to protect whistleblowers

Authors

Reviewers

Date

18/06/2015

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