آليات اختيار أحسن عرض من حيث المزايا الاقتصادية في مجال الصفقات العمومية
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Date
2025
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جامعة المسيلة
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
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Keywords
s: Best Offer - Economic Advantages - Public Procurement - Term Sheet