The Legal Framework of the Tender Opening and Technical Evaluation Committee in Light of Public Procurement Law 23-12

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Abstract

In the field of public procurement, the legislator has established several oversight bodies that exercise either prior or subsequent control, aiming to ensure the ethical and rational management of public funds. Among these bodies is the Committee for Opening Envelopes and Technical Evaluation of Bids, which performs an internal prior oversight of the contracting entity and is considered a proposal authority due to the powers vested in it.

Although the committee members are appointed by the spending officer representing the institution or administrative body, in accordance with a decision or decree, and selected from competent and capable staff to perform administrative and technical tasks simultaneously, the committee remains an effective oversight mechanism that has significantly contributed to the rational management of public funds. However, its establishment, composition, powers, and organization have experienced certain shortcomings that need to be addressed to ensure consistency and uniformity across all public administrations and to prevent any ambiguity in the selection of the contracting party.

Therefore, this academic work seeks to conduct a thorough study of this committee, aiming to address its deficiencies and gaps, and to provide recommendations based on a comprehensive analysis of both practical and theoretical realities. The study also examines the challenges faced by the committee in selecting contracting parties, emphasizing the need for a well-crafted specification book and adherence to the general principles of public procurement.