Question

Question 1.

Critically analyze issues pertaining to judicial enforcement of public procurement rules some governments and assess its efficiency and
effectiveness in curbing corruption in government procurement contracts.

Answer 1

Government procurement contracts unlike general commercial contracts has distinct feature as it is governed by FAR Regulations and various other laws enacted with this respect. The public procurement rules are set to regulate as to how this contracts will operate and awarded. The same rules are being set after consultations from all stakeholders and government agencies.

However, many a times the misuse of the power and position and flaws in procurement laws leads to corruption and lacks in transparency as well. Thus these procurement laws are tested from time to time when they are challenged.

The courts when it is being presented with such issues analyse each aspect of the procurement rules and contracts and given the whole facts, sets the direction whether the procurement contracts are made in legal manner or whether there are flaws in procurement rules. The courts thus keep check on corruption aspect while enforcing a public procurement contract.