آليات اختيار أحسن عرض من حيث المزايا الاقتصادية في مجال الصفقات العمومية

Abstract

procurement relies on fundamental principles that guarantee free access to public requests and equality among all candidates, with full commitment to transparency throughout all stages of the process. These principles are based on Presidential Decree 15/247, which established the legal framework for public contracts in Algeria, while the new Law 23/12 came to develop this legal framework and introduce more flexible and modern mechanisms. However, its effective implementation requires precise regulation to ensure its effectiveness and achieve the desired goals. The content of the best offer is determined by multiple criteria including quality, duration, social and environmental aspects, in addition to aftersales services, allowing the selection of an offer that achieves the optimal balance among these criteria rather than focusing solely on the lowest price. The formal procedures begin with the preparation of the terms of reference, which accurately defines the contract requirements and is subject to approval by the competent authorities before the official announcement of the call for tenders. This is followed by the stage of receiving, opening, and evaluating the bids according to clear and objective criteria that ensure integrity and transparency. After evaluation, the results are announced transparently and the contract is awarded with close legal and administrative monitoring to ensure compliance with the conditions. On the other hand, there are informal procedures related to negotiation and consultation methods introduced by the new law, where consultation is defined as a principle that allows discussions with contractors to ensure the best results, with Clear