The legal framework for concluding contracts in Iraq (Public tenders)

Abstract

In conclusion, this research addresses an important contracting method: tendering. This method is characterized by transparency and integrity in selecting the best bid from among a group of competing bids to win the contract for implementing the announced project. After clarifying the concepts of government contracts and tendering from a linguistic and legal perspective, several methods and stages for conducting tenders emerge. These include specific methods such as direct invitation, single bid, and direct agreement, as well as several general methods such as open and limited tenders, technical qualification methods, two-stage tenders, and national and international tenders. All of these aim to obtain the best offers in terms of technical specifications and price. The tendering process begins with the announcement stage after all technical, financial, and legal approvals are obtained from the relevant authorities. After the designated announcement period ends, a committee is formed to open the bids and determine their ranking in terms of technical and price specifications. This committee then submits its report to the analysis committee, which analyzes the bids according to the required technical and price specifications defined by the project beneficiary entity and refers them to the awarding committee. The most important committee during the contracting phase, which relies on specific criteria to award the tender to the most acceptable bid from among all submitted bids, is the contract itself, which takes effect from the date of approval by the competent administrative authority.