Domestic Review Procedures - OECD.org

Domestic Review Procedures - OECD.org

Recourse mechanisms for supplier complaints Introduction and points for discussion Government of Morocco/OECD Workshop on Enhancing Integrity in Public Procurement Robert D. Anderson WTO Secretariat Rabat, 4 April 2008 Preliminaries Complementarity of international organizations work on government procurement (WTO, OECD, UNCITRAL, etc.)

Common underlying values and concerns with differentiated mandates but much room for cooperation Relevance of WTO Agreement on Government Procurement (GPA) to countries in this region Pending GPA accessions of Jordan, Oman, Saudi Arabia Revised GPA text: more development-friendly Go first to procurement For more info: www.wto.org trade topics, then

government 2 Role of recourse mechanisms Note: also called domestic review procedures, bid challenges, etc. Purpose: to provide fast, effective remedies for irregularities in the tendering process relating to acts of procuring entities Important venue for addressing legitimate concerns of dis-satisfied bidders (fosters trust) Ideally, harnesses energies of dis-satisfied bidders to serve public interests and goals (fairness and integrity of procurement system)

Therefore, complement to public audit and related supervisory functions 3 Issues concerning the structure of recourse mechanisms Importance of independence, impartiality, procedural fairness Timeliness is essential

Important to credibility of process Also helps re: avoiding/shutting down spurious/opportunistic complaints Can be achieved in different ways (courts, administrative agencies, etc.) Window to challenge should be not too short, nor too long Challenges possible at pre-award and post-award phases Practicality of remedies (may include interim measures, corrective action and compensation) 4 Summary/Benefits of effective recourse mechanisms

Domestic review & public audit functions are complementary/mutually supportive Increase transparency and integrity of procurement system. Prevent corruption Increase private sectors trust in procurement system, thereby often increasing competition Reliance on suppliers interest/initiative can serve public goals in a cost-efficient manner (but requires proper system design) But note: recourse mechanisms cant solve all problems (e.g. supplier collusion issues). We still need effective public oversight/audit bodies. 5 Thank you [email protected] 6

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