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The Core Principles have been prepared based on a review of the international public procurement standards relating to the procurement cycle.
The Core Principles reflect the standards generally regarded as international best practice in the public procurement process. The principles also draw on the practical experience of the EBRD as a direct investor and financier in the region.
The Core Principles are based on the assumption that the primary role of a public procurement law is to accommodate a business process of negotiating a contract in a public governance context. As public procurement constitutes a major economic activity for all governments, the regulation is a sensitive component of a country’s legal framework, and an essential supplement to public finance legislation.
Since power dynamics within the public procurement process are inherently unequal, regulatory and enforcement institutions are of immense importance. Consequently, the Core Principles focus in particular on the issues of objectivity, consistency and enforceability of public procurement regulation.
The principles apply not only to the tendering phase, but also to the pre- and post-tendering phases. The contracting entity launching the public procurement needs to ensure that the fundamental principles of public procurement are maintained throughout the entire process.
Modelling the content of a national public procurement framework will depend on the contractual traditions of individual countries of operations. At the same time, public procurement legislation needs to comply with international standards to ensure that key internationally recognised public governance values are respected.
The Core Principles therefore may serve as an aide-mémoire and a checklist for the drafting process.
The Core Principles (48KB - PDF)
Last updated 24 May 2010
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