حماية مبدأ المنافسة في مرحلة تحديد حاجات المصلحة المتعاقدة في الصفقات العمومية

Abstract EN

In an effort to protect the principle of competition and put it into actual application, the Presidential Decree 15/247 concerning the organization of public deals and the public service delegations included a set of legal controls that restrict a contracting service's freedom to conclude their procurement contracts, this is at the level of all stages of concluding, including determining the needs that will be placed later in the terms of reference.

Although this stage is one of the early stages of concluding the procurement contract, it is the primary contributor to setting the parameters of the competition and delineating its boundaries.

Accordingly, this study will aim to shed light on protecting the principle of competition at the stage of identifying a contracting service's needs, revealing gaps and deficiencies, and then proposing solutions that we see useful.

Key word: Principle of competition; public deals; contracting service; determining the needs.