تشخيص الأضرار التشريعية الموجدة لأرضية الفساد في المناقصات الحكومية

Abstract EN

The administrative purpose of concluding contracts is to meet people's needs and public interests.

in these contracts, a large amount of financial resources are usually transferred from the public sector to the private sector, and through this process a ground for corruption is created.

tendering is a common form of local government contracting.

in our current laws, the executive institution is considered the reference in diagnosing the need for tenders, and it did not specify a specific legal mechanism in this field.

evaluation of the offers of the bidders by the technical and commercial committee whose members are selected by the authority authorized by the authority conducting the tenders without the involvement of any other party outside the tendering party, as well as the lack of the need for technical and commercial evaluation of the one-stage tenders is one of the shortcomings and legislative shortcomings that provide the grounds for misuse of power and administrative corruption in government institutions that hold tenders, in the tenders law and other related laws, we did not see any information about the method of concluding the contract, principles, sources, provisions and legal effects, and this matter harms the rights of the other party in the contract (the bidder).

also, the aforementioned law does not provide for any provisions at the stage of contract implementation, control and review.

therefore, reviewing the tender regulations in order to close the legal loopholes that lead to corruption is an undeniable necessity.