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How is equal treatment in tenders guarantee?

Basic Concepts

Look, the roll of equal treatment in public tenders is something like the basis of clean play, you know? Without that rule, everything would be a riot full of favoritisms and scams. It doesn't matter if you are a mega company or the small corner business: everyone should have a chance to compete for a contract without seeing them weird for their size, where they come from or anything like that. Basically, it is about zero discrimination, real transparency (not that which is only in word) and that the process is just for everyone.

And how are they supposed to achieve this? Well, first, the law rules. In good part of the world, this principle is in large and bold letters in public procurement laws. For example, in Europe they take him so seriously that they even put it in their directives of the European Union. In the United States, the Federal Procurement Law says the same but with gringo accent.

But laws are not everything. There are also the tricks and procedures so that no one goes out with yours. To begin with, the criteria to decide who takes the contract must be very clear and cannot be a disguise trap to benefit the "friend of". Everything has to be for merits, no favoritisms, and the criteria must be published from the beginning. If not, what is the point of competing?

Then, the matter does not end there. When they are already evaluating offers, the process has to be really fair. No compadrazgos or decisions in the dark. They usually assemble independent committees to review everything, and these people should not have any relationship with those who are competing. That is, if your cousin is in the committee, better or participate.

And, obvious, everything has to be open. The offers must be in view of all those who compete, and when someone wins, they have to explain why. Nothing "won because yes." If not, distrust goes to the clouds.

Ah, and if you feel they cheated you or left you out of the play unfairly, you can ask to review the process or even put a formal complaint. You don't have to be silent seeing how the cake is distributed.

In a nutshell, equal treatment in tenders is not just a beautiful phrase to put in brochures. It is a combo between what the law says and what happens in practice so that no one is harmed by things that have nothing to do with their abilities. Of course, Eye: Equality is not to treat everyone exactly the same, as if they were robots. It is to give everyone a fair opportunity, taking into account the real circumstances of each one. Because, well, real life is not as square as manuals.

Marta Jiménez

Marta Jiménez

Expert in public procurement • Digital transformation of tenders • Trainer and author at Tendios

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