Mistakes to avoid in public procurement

Public procurement covers all contracts awarded by public bodies to meet their needs for works, supplies and services. These contracts are governed by specific rules designed to guarantee freedom of access to public procurement, equal treatment of candidates and transparency of procedures. The main types of public procurement contract are: public procurement contracts, public service delegations, public-private partnerships and framework agreements.

Here are the main mistakes to avoid when placing a public order:

Mistake 1: Lack of planning

Public authorities must carefully plan their purchases, clearly defining needs, objectives and deadlines. In the absence of such planning, consultation documents can become imprecise, which in turn can lead to disputes between the public purchaser and suppliers. These disputes often require subsequent clarification or modification, leading to delays in contract execution.

Mistake 2: Non-compliance with public procurement rules

Public procurement is governed by strict rules designed to ensure transparency of procedures, equal treatment of candidates and competition between candidates. These rules govern various aspects, such as the choice of procedure, the drafting of specifications, the advertising of the invitation to tender, the analysis of bids and the notification of the contract. Failure to comply with these rules may result in legal action by unsuccessful candidates, particularly in cases of suspected favoritism, as well as administrative or penal sanctions, and in some cases, cancellation of the contract.

Mistake 3: Negligent drafting of documents

The tender documents must be precise and exhaustive. Selection criteria must be clearly defined. Unclear or incomplete wording can lead to misinterpretation by candidates, unsuitable bids and, possibly, legal challenges.

Mistake 4: Incorrect evaluation of bids

The public purchaser must ensure that the bid selected is relevant to the need. Incorrect evaluation of bids can lead to the selection of an inappropriate supplier, compromising the quality of the project and generating additional costs. It is therefore essential to set up and follow an objective evaluation grid. Award criteria must be applied transparently and fairly.

Mistake 5: Difficulties in communicating with stakeholders

Public procurement requires effective communication with the stakeholders involved, as this helps to build relationships of trust and ensure harmonious collaboration. Quality communication helps to prevent or resolve conflicts, while gathering the needs, expectations and feedback of service users or beneficiaries. To avoid problems, this communication must be transparent and regular.

Mistake 6: Poor document and data management

Document and data management involves the collection, filing, storage, retrieval and sharing of market-related information, such as specifications, bids, contracts, invoices, purchase orders, minutes, etc. This task must be carried out in compliance with current legal and regulatory standards, such as General Data Protection Regulation (GDPR) and legal archiving requirements.

Mistake 7: Lack of monitoring and control

Once the contract has been awarded, a mechanism must be put in place to monitor and control performance. This mechanism involves coordination between the various players involved (contract holder, public purchaser, users or beneficiaries of the service, institutional or financial partners, etc.), as well as traceability and archiving of information relating to the contract. This ensures that the contract holder honors its contractual obligations, that the service provided meets the expectations and needs defined by the public purchaser, and that the budget and deadlines are respected.

Mistake 8: Underestimating risks

A risk analysis (financial, technical, legal, human) must be carried out as early as the contract preparation phase. This anticipation, together with the implementation of preventive or corrective measures, enables risks to be avoided or reduced. Risks can affect budget and deadline compliance, service quality, partner or user satisfaction, and so on.

Mistake 9: Not taking social and environmental criteria into account

Taking these criteria into account is increasingly required in public procurement. Ignoring these aspects can not only run counter to public policy, but also limit innovation and project performance.

Conclusion

Planning, compliance with procedures, precise drafting of documents, proper evaluation of bids, communication, efficient document and data management, performance monitoring, proper risk assessment and consideration of social and environmental criteria are all keys to successful public procurement.