Public Procurement Law - Essay Example

Under this option, there are several procurement methods that the procuring entity can utilize to source for goods and service, but this essay will focus on open tendering and restricted tendering. The open tendering method is of key importance because of its high value in the process of procurement and because it exerts a significant amount of cost from public resources. This method sets transparency principle to a very high standard. It requires tenders for proposals on how projects will be approached and quality will be met1.

Article 28(1) stipulates that unless article 29 to 31, the entities shall use open tendering. Article 10 of the Module law deals with the specification of the tendering process. Article 43(2)(c) establishes that the tender is considered responsive if all requirements conform to the tender documents for solicitation. Article 43 (1)(b) states that minor deviations are possible while not material changes are allowed in terms, conditions, characteristics and any set of requirements in the documents2.

When specifications are considered as unlawful, then the procuring entity is required to use the European Union law, to re-issue under lawful forms the specifications are carried out lawfully. For the open tendering method, the Specifications and conditions should be finalized in a clear and concise way, and notices must used to advertise the projects publically. The advertisement should be adequately made to all including international suppliers. This will promote wider competition and place better value for money.

The procuring entity will have an understanding of the entity’s needs by establishing a short-term strategy, followed by a definition of the technical direction and requirements of the process.