قصور نظام المنافسات والمشتريات الحكومية واللائحة التنفيذية له في التطبيق العملي

الملخص EN

The author highlights shortcomings in government competition and procurement system (13/11/1110h) which prevent the system’s objectives stated in article ii of the system.

this article includes system negligence to state committee member's assignment guidelines as well as impartiality regulations to ensure members unbiased behavior with both, government entity and the competitors as the system does not exclude first degree relatives from processing the competitive bids, neither does it restrict members from commercial business involvements.

furthermore, the system authorizes bids evaluation committee members to neglect the estimated cost as unnecessary indicative reference while relying on the committee’s judgment to estimate the costs based on market pricing without governing regulations allowing the committee to influence the bidding competition inconsistent with the system which recognizes the estimated cost confidential information and failing to include it in the bid disqualifies it.

meanwhile, the system does not assign a specialized committee for pricing, leading to inaccurate cost estimation by one or more of committee members without any legal responsibility for incorrect cost estimation.

moreover, the estimated cost loses its confidentiality.

as for etimad platform, which facilitate communication between users from government entities and competitors, the system does not restrict communication outside the platform.