مبدأ المنافسة الحرة في الصفقات العمومية المبرمة بأسلوب طلب العروض

Abstract EN

The conclusion of public contracts by the tendering method, is associated with the principle of competition and equality of competitors in theoretical textual terms, through the adopted and consecrated procedures of advertising until the ratification and the final procurement.

, which was intended to give more freedom to competition between the candidate operators in order to obtain the contract, and to restrict the freedom of the administration in choosing contractors.

Must respect the principle of equality and non-discrimination between candidates.

Our examination of this subject is intended to assess the extent to which legislation on public transactions enshrines the principle of free competition through the conclusion of a transaction through the method of solicitation.

One of the most important findings is that, although Presidential Decree 15.

247 on public transactions and public utility mandates, free competition was theoretically established between competitors, but the practical reality proved the opposite, as a result of the abuses committed during the award of the public deal by the administration.