Comparison | Public Procurement World | Baker McKenzie Resource Hub

1. The Laws
- a. What is the applicable legislation?
- b. Does the legislation relate to or interact with any applicable trade agreement, such as the European Union procurement rules, WTO Government Procurement Agreement (GPA) or the procurement requirements of the North American Free Trade Agreement (“NAFTA”)?
- c. What are the basic underlying principles of the legal framework?
- d. Is aerospace and defense procurement treated differently from other types of procurement?
2. Application of the Statutory Procurement Laws
- a. Which public agencies are covered by the laws?
- b. Which private entities are covered by the laws?
- c. Are co-operations between contracting authorities exempted from public procurement law? If so, what are the conditions for the exemption?
- d. Which types of contracts are covered?
- e. How are changes to an existing contract dealt with? Do changes require a new procurement procedure?
- f. What is the applicable regime for framework agreements?
- g. What is the applicable regime for public-private partnerships (PPPs)?
- h. How are concessions dealt with?
- i. Are there anti-avoidance rules (including laws on bid rigging)?
- d. Are there anti-avoidance rules (including laws on bid rigging)?
- c. Which types of contracts are covered?
3. Procurement Procedures
- a. What procurement procedures can be followed?
- b. What status do electronic means/procedures have?
- c. Where are contract notices, i.e. calls for bid, published?
- b. Are there any rules on the specifications/criteria?
- c. Can certain prospective bidders be excluded from the competition?
- d. Are there any rules on the awarding of contracts?
- e. Can bidders combine to submit a bid?
- f. Are there any rules on alternative bids?
- g. Is there a special regulation or a special requirement for a foreign company to participate in a procurement procedure?
4. Bidder Selection
- a. Are there any rules on the selection criteria?
- b. Is prequalification an option? If so, what are the requirements? What is the procedure?
- d. Do “blacklists” for bidders exist? If so, what are the conditions for unlisting?
- e. Does the involvement of a company in the set-up of a procurement procedure exclude the company from said procedure due to conflict of interest?
- f. Can bidders combine to submit a bid (bidder consortia)? What limitations apply?
- g. Can members of a bidder consortium be changed during a procurement procedure?
- h. Do limitations apply for participation of related bidders in the same procurement procedure with competitive bids?
- i. Is there a special regulation or a special requirement for a foreign company to participate in a procurement procedure?
5. Specifications
- a. Are there any rules on the specifications?
- b. Are bidders allowed to change the specifications or submit their own standard terms of business?
- c. Is the protection of Small and Medium Enterprises addressed in procurement legislation? If so, how?
6. Contract Award
- a. Are there any rules on the award of contracts?
- b. Are there any limitations regarding the offered bid price?
- c. Are there any rules on alternative bids?
7. Exemptions to Competitive Bidding
- a. Are there any exemptions to competitive bidding, i.e. under what conditions is a direct award/single sourcing permissible?
- b. What are the consequences for violation of the competitive bidding requirement?
8. Remedies and Enforcement
- a. Are there any remedies and enforcement mechanisms in the procurement legislation?
- b. Are remedies available outside the scope of procurement legislation, e.g. civil law damage claims?
- c. Is there a specific forum before which procurement disputes are heard?
- d. Are there any timing requirements for the review?
- e. What are the main preconditions for review?
- f. What are admissible grounds for starting a review proceeding?
- g. Does a review proceeding affect an ongoing procurement procedure or an awarded contract respectively?
- h. What are the consequences of a successful review proceeding for the affected procurement procedure or awarded contract respectively?
- i. How long does a judicial proceeding for review take?
- j. Must unsuccessful bidders be notified before the award? If so, when?
- k. Are review proceedings common?
- l. Are damage claims in relation with procurement procedures common?
- m. What are the leading court decisions involving procurement disputes?
9. Other Relevant Rules of Law
- a. Are there any related bodies of law of relevance to procurement by public agencies?
- b. Does a specific contract law apply for public contracts?
10. Industry sectors of special importance or with a specific procurement regime
- a. Are there any specific laws or practices that apply in the technology sector?
- b. Are there any specific laws or practices that apply in the defense sector?
- c. Are there any specific laws or practices that apply in the health care sector?
- d. Are there any specific laws or practices that apply to any other particular industry sector?
11. Looking Ahead
- a. Are there any proposals to change the law in the future?

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